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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11-47-8
Section 11-47-8 Removal of prisoners from municipal jail to another jail. If the jail of any municipality is destroyed or becomes overcrowded, 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 judge of the county, on application of the mayor or governing body of such municipality and proof of the fact, may direct the removal of any prisoner or prisoners, either before or after conviction, to the nearest sufficient jail in any other municipality or 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. The maintenance and cost of removal of said prisoners shall be borne by the municipality requesting said removal. (Acts 1964, 1st Ex. Sess., No. 247, p. 344.)...
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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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15-10-73
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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14-3-30
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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15-18-1
Section 15-18-1 Legal punishments; sentencing; liability of Department of Corrections for costs. (a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the penitentiary, which includes hard labor for the state, and death. (b) In all cases in which the period of imprisonment in the penitentiary or hard labor for the county is more than three years, the judge shall sentence the party to imprisonment in the penitentiary. In all cases of conviction for felonies in which imprisonment or hard labor is for more than 12 months and not more than three years, the judge may sentence the party to imprisonment in the penitentiary, confinement in the county jail, or to hard labor for the county, at his or her discretion, any other provision of law to the contrary notwithstanding. In all cases in which the imprisonment or sentence to hard labor is 12 months or less, the...
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11-12-15
Section 11-12-15 Preferred claims and order of their priority; payment of same. (a) The following claims are declared to be preferred claims against the county, and they shall be given priority in the order named: (1) Costs of heating the county jail, of supplying it with wholesome water for drinking and bathing, of keeping it in a cleanly condition and free from offensive odors and of providing it with necessary water closets and dry earth, beds, bedding, and clothing; fuel; water; light; janitor's services of the courthouse and jail; premiums for fire insurance on the public buildings of the county; and premiums on surety bonds of public officers where authorized by law to be paid by the county. (2) Compensation of the members of the county commission; compensation of deputy sheriffs, the probate judge, the sheriff, the tax assessor, the county treasurer, and jailers for services performed by them and authorized to be paid to them by law; claims for the removal of prisoners; and,...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any circuit court or district court having reason to believe that the testimony of any convict serving a sentence in the penitentiary or to hard labor for the county is necessary in any criminal prosecution for the state and that other evidence cannot be obtained on behalf of the state may order a writ to be issued by the clerk, commanding the Board of Corrections to have the convict before the court on a specified day to give testimony in the particular case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution showing that a convict serving sentence in the penitentiary knows facts which would be beneficial to him, the judge may, if he believes the ends of justice will be served thereby, order the issuance of such a writ to secure the appearance of the convict to testify on behalf of the defendant. The writ shall be served on the board at least one week...
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14-6-10
Section 14-6-10 Removal of prisoners - Use of guards. (a) When it becomes necessary to remove any prisoner from the jail of one county to another, in any case by law provided, the sheriff, or other officer having charge of such prisoner, has authority, and it is his duty, to summon such guards as may be necessary to prevent an escape. (b) When prisoners are removed from the jail under the provisions of either Section 14-6-8 or 14-6-9, the sheriff or jailer has authority, and it is his duty, to summon such guards as may be necessary to insure their safekeeping. (Code 1852, §§250, 254; Code 1867, §§3798, 3802; Code 1876, §§4498, 4502; Code 1886, §§4546, 4551; Code 1896, §§4957, 4962; Code 1907, §§7202, 7207; Code 1923, §§4812, 4817; Code 1940, T. 45, §§130, 134.)...
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14-6-8
Section 14-6-8 Removal of prisoners - Fire. When the county jail or any building contiguous thereto is on fire and there is reason to apprehend that the prisoners may be thereby injured or endangered, the sheriff or jailer may remove them to a safe and convenient place and confine them there so long as may be necessary to avoid the danger. (Code 1852, §248; Code 1867, §3796; Code 1876, §4496; Code 1886, §4544; Code 1896, §4955; Code 1907, §7200; Code 1923, §4810; Code 1940, T. 45, §128.)...
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