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14-3-57
Section 14-3-57 Commission of offense during incarceration - Evidence of conviction on trial.
On the trial of any convict for any offense committed within the penitentiary or other convict
prison or convict camp, the fact of confinement in the penitentiary shall be presumptive evidence
of a legal conviction and sentence of imprisonment, and a copy of the transcript of the conviction
and sentence filed with the Board of Corrections and certified by it to be correct shall be
received as evidence of such conviction. (Code 1852, §361; Code 1867, §3909; Code 1876,
§4607; Code 1886, §4638; Code 1896, §4502; Code 1907, §6556; Code 1923, §3653; Code 1940,
T. 45, §57.)...
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12-16-152
Section 12-16-152 Challenges of jurors for cause - Additional grounds for challenge by state
in certain cases. On the trial for any offense which may be punished capitally or by imprisonment
in the penitentiary, it is a good cause of challenge by the state that the person would refuse
to impose the death penalty regardless of the evidence produced or has a fixed opinion against
penitentiary punishment or thinks that a conviction should not be had on circumstantial evidence,
which cause of challenge may be proved by the oath of the person or by other evidence. (Code
1852, §630; Code 1867, §4182; Code 1876, §4883; Code 1886, §4333; Code 1896, §5018; Code
1907, §7278; Code 1923, §8612; Code 1940, T. 30, §57.)...
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14-9-41
Section 14-9-41 Computation of incentive time deductions. (a) Each prisoner who shall hereafter
be convicted of any offense against the laws of the State of Alabama and is confined, in execution
of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for
the county or in any municipal jail for a definite or indeterminate term, other than for life,
whose record of conduct shows that he or she has faithfully observed the rules for a period
of time to be specified by this article may be entitled to earn a deduction from the term
of his or her sentence as follows: (1) Seventy-five days for each 30 days actually served
while the prisoner is classified as a Class I prisoner. (2) Forty days for each 30 days actually
served while the prisoner is a Class II prisoner. (3) Twenty days for each 30 days actually
served while the prisoner is a Class III prisoner. (4) No good time shall accrue during the
period the prisoner is classified as a Class IV prisoner. (b)...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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14-3-31
Section 14-3-31 Imprisonment on commuted sentence. The Board of Corrections must receive into
the penitentiary, on the written order of the Governor, any convict whose sentence has been
commuted, according to law, to imprisonment in the penitentiary, and must confine such person
according to the terms of the commutation and the rules and regulations established by law;
and, if the Governor shall so direct, the cost of conviction in such case must be paid as
in case of sentence to imprisonment in the penitentiary. (Code 1852, §326; Code 1867, §3874;
Code 1876, §4572; Code 1886, §4622; Code 1896, §4469; Code 1907, §6521; Code 1923, §3617;
Code 1940, T. 45, §34.)...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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36-18-24
Section 36-18-24 DNA database. (a) The director is hereby authorized and empowered to create
and establish a DNA database for the purposes of: (1) Assisting federal, state, county, municipal,
or local criminal justice and law enforcement officers or agencies in the putative identification,
detection, or exclusion of persons who are the subjects of investigations or prosecutions
of sex related crimes, other violent crimes, or other crimes in which biological evidence
is received or recovered. (2) Supporting identification research and protocol development
of DNA forensic methods. (3) Creating and maintaining DNA quality control standards. (4) Assisting
in the recovery or identification of human remains from natural or mass disasters. (5) Assisting
in other humanitarian purposes including the identification of missing, deceased, or unidentified
persons. (b) The DNA database shall contain DNA records which the director shall deem necessary
for the implementation of this article, and also...
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28-4-136
Section 28-4-136 Penalties for violations of provisions of article by railroad companies, express
companies, etc.; duties of district attorney in cases of grand jury indictments. (a) Any railroad
company, express company or other carrier or any person or corporation violating any of the
provisions of this article or failing to comply with any requirements thereof shall be guilty
of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00, to which,
at the discretion of the court, may be added imprisonment in the county jail or confinement
at hard labor for the county for not more than six months for the first conviction. On the
second and every subsequent conviction of a violation of any provisions of this article, the
offense shall, in addition to a fine within the limitations above named, be punishable by
imprisonment in the county jail or at hard labor for the county for not less than three nor
more than six months, to be imposed by the court. (b) It shall...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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