14-6-9
Section 14-6-9 Removal of prisoners - Ill health. When the life or health of any prisoner,
who is not confined under process from any court of the United States, may be seriously endangered
by longer confinement in jail and that fact is made to appear clearly to any circuit court
judge, such judge must, by an order in writing, direct the sheriff or jailer to remove him
to some suitable place or hospital, as near as may be to the jail, and there safely keep him
until his health is sufficiently restored to authorize his recommitment to jail. (Code 1852,
§249; Code 1867, §3797; Code 1876, §4497; Code 1886, §4545; Code 1896, §4956; Code 1907,
§7201; Code 1923, §4811; Code 1940, T. 45, §129.)...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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14-6-7
Section 14-6-7 Removal of prisoners - When made to nearest sufficient jail. If the jail of
any county is destroyed, or becomes insufficient or unsafe, or any epidemic dangerous to life
is prevalent in the vicinity or there be danger of rescue or lawless violence to any prisoner,
any circuit court judge may, on the application of the sheriff and proof of the fact, direct
the removal of any prisoner or prisoners to the nearest sufficient jail in any other county;
and it is the duty of such judge, in such case, to make an endorsement on the order or process
of commitment, stating the reason why such removal is ordered, and to date and sign such endorsement.
(Code 1852, §253; Code 1867, §3801; Code 1876, §4501; Code 1886, §4550; Code 1896, §4961;
Code 1907, §7206; Code 1923, §4816; Code 1940, T. 45, §133.)...
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14-3-30
Section 14-3-30 Temporary confinement of convict pending removal; inmate developing medical
condition which requires treatment. (a) When any convict is sentenced to the penitentiary,
the judge of the court in which the sentence is rendered shall order the inmate to be confined
in the nearest secure jail. The clerk of the court shall at once notify the Department of
Corrections as to the jail where the inmate is confined, forward to the department a copy
of the judgment entry and sentence in the case, and inform the department if any special care
is necessary to guard the inmate. Thereupon, the department shall direct where the inmate
shall be taken for confinement or hard labor. (b) When an inmate sentenced to the custody
of the department and the department is in receipt of a transcript of such sentence, is being
housed in a county jail, and the inmate develops a medical condition which requires immediate
treatment at a medical-care facility outside the county jail, the department...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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15-10-73
Section 15-10-73 Application for guard in removal of prisoner; endorsement by court if application
granted; guards for prisoners charged with misdemeanors. Whenever a sheriff makes application
for the employment of a guard in the removal of a prisoner from another county, such application
must be in writing and briefly set forth the facts necessitating the employment of a guard,
which shall be verified by oath and filed in the district court of the county to which such
removal is made. The district court making the order of removal, if it grants the application
for a guard, shall endorse thereon that it has investigated the facts and believes a guard
to be necessary. No guard shall be obtained for the removal of a prisoner charged with a misdemeanor,
except upon the order of the Governor or a circuit judge in cases when it is necessary to
protect the prisoner from violence. (Code 1896, §4566; Code 1907, §6642; Code 1923, §3746;
Code 1940, T. 15, §183.)...
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14-6-6
Section 14-6-6 Commitment to nearest sufficient jail to insure safekeeping. In all criminal
cases, either before or after conviction, and in cases of contempt, if it is shown to the
court, judge or committing magistrate that the jail of the proper county is insecure or insufficient
for the safekeeping of the prisoner or that there is no jail in the county, the commitment
must be to the nearest sufficient jail and the reason of such change must be entered on the
minutes of the court, or stated in the warrant or endorsed thereon and signed by the magistrate.
The jailer of the county to which the commitment is made must receive and confine the prisoner
on such commitment or a certified copy of such order. (Code 1852, §252; Code 1867, §3800;
Code 1876, §4500; Code 1886, §4548; Code 1896, §4959; Code 1907, §7204; Code 1923, §4814;
Code 1940, T. 45, §132.)...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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14-6-14
Section 14-6-14 Duty of sheriff to furnish list of confined prisoners to circuit court. It
is the duty of the sheriff, on the first day of each session of the circuit court of his county,
to make out and deliver to the presiding judge a certified list of the names of all the prisoners
confined in the jail and of the offenses with which they are charged or of which they have
been convicted; and, on failure to do so, the sheriff is guilty of a misdemeanor. (Code 1852,
§255; Code 1867, §3803; Code 1876, §4503; Code 1886, §4552; Code 1896, §4963; Code 1907,
§7208; Code 1923, §4818; Code 1940, T. 45, §135.)...
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