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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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30-4-60
Section 30-4-60 Suspension of sentence after portion served. The judge of the juvenile court
may, after a part of such sentence has been served, also release the defendant from such sentence
to jail or hard labor and suspend the remaining part thereof, and may make such order of support
and release the defendant on probation subject to the same terms and conditions as provided
for the probation of defendants not serving such sentence. (Acts 1919, No. 181, p. 176; Code
1923, §4489; Code 1940, T. 34, §99.)...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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15-11-10
Section 15-11-10 When defendant committed to bail or jail; form of commitment. (a) If upon
a preliminary examination it appears that an offense has been committed and that there is
probable cause to believe that the defendant is guilty thereof, he must be discharged, if
the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if
the offense is not bailable, he must be committed to jail by an order in writing. (b) The
form of commitment may be in substance as follows: "The State of Alabama, _____ County.
To the jailer of _____ County: On the examination of A. B., charged with the offense of murder
(or other offense, as the case may be, describing it by name, or so that it may be clearly
inferred), it appearing that such offense has been committed and that there is sufficient
cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him
into your custody and to detain him until he is legally discharged. Dated this ____ day of...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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17-16-70
Section 17-16-70 Commission has power to punish for contempt. If any witness, being summoned,
fails to attend, or being summoned with a subpoena duces tecum, fails and refuses to produce
the paper or document required to be produced by the subpoena, the commission shall have the
right and authority to punish the witness for contempt by a fine not exceeding five hundred
dollars ($500), or by imprisonment in any county jail in the state for a period not to exceed
30 days, one or both, and in case any witness shall fail to appear or produce any book or
document before any judge, clerk of court, or other person having a warrant from the commission,
the judge, clerk of court, or other person, must certify the fact to the commission, which
may thereupon punish such witness for contempt, as provided in this section. (Code 1896, §1679;
Code 1907, §485; Code 1923, §575; Code 1940, T. 17, §261; §17-15-57; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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45-17-232
Section 45-17-232 Day reporting system. (a) This section shall be applicable only in Colbert
County. (b) Any person who has been committed to the county jail in Colbert County under a
criminal sentence imposed by the Circuit or District Court of Colbert County, and who has
been released on a suspended sentence shall report to the probation office of Colbert County.
The probation officer at his or her discretion shall require the person to report at regular
intervals, for the sole purpose of the collection of court costs, fines, and other penalties
and fees assessed against the convicted person by the probation officer. (c) The probation
officers of Colbert County, Alabama, shall remit fines, assessments, court costs, and restitution
assessed against the persons to the Colbert County Circuit Clerk. The probation officers shall
be allowed to charge the convicted persons a day reporting fee of 20 percent of the net weekly
income of the person and may charge a minimum of ten dollars ($10)...
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45-6-231
Section 45-6-231 Inmate work release program. (a) The provisions of this section shall apply
to Bullock County, however, the implementation of the provisions of this section shall be
completely discretionary with the county commission. (b) Certain terms, as used in this section,
shall have the following meaning: (1) "Board" shall mean County Rehabilitation Board,
composed of the probate judge, the district attorney, the sheriff, the circuit judge, the
superintendent of education, the head of the ministerial conference, the juvenile probation
officer, the probation officer, the chairman of the county commission, the mayors of all towns
and cities within Bullock County, president of each public school Parent Teacher Association,
president of the county civic association, a representative of the Southern Christian Leadership
Conference, and a representative of the National Association for the Advancement of Colored
People; a social worker and a physician, preferably a psychologist or a...
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