45-49-235.08
Section 45-49-235.08 Release pending trial; conditions; order; notice. (a) Any person charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the required appearance of such person. When such a determination is made, the judicial officer, either in lieu of, or in addition to, the above method of release, shall impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions: (1) Place the person in the custody of a designated person who agrees to supervise him or her. (2) Place restrictions on the travel,...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with an offense, at an appearance before a judicial officer, may be ordered released pending a trial on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of discretion, that release will not reasonably assure the appearance of the person as required. (b) No person in Houston County charged with an offense shall be considered for the program created by this subpart until the accused's first appearance before a judicial officer. (c) In determining which conditions of release will reasonably assure the appearance of a person as required, the judicial officer, on the basis of available information as presented by the state, city, or their representative, respectively, or the defendant, shall consider matters such as the nature and circumstances of the offense charged, the...
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15-13-149
Section 15-13-149 Order of release. A judicial officer authorizing the release of a person shall issue an appropriate order containing a statement of the conditions imposed, and shall advise the person that a warrant of arrest or other court order shall be issued against the person terminating the release and committing the person to jail upon any violation of the conditions of the release. The court shall provide a copy of the order to the defendant and shall serve a copy on the district attorney, or prosecuting officer of the court and the person's counsel of record, if any. (Acts 1993, No. 93-677, p. 1259, §50.)...
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45-49-235.10
Section 45-49-235.10 Revocation of release - Violations of conditions. (a) A person who has been conditionally released pursuant to this part and who has violated a condition of release, shall be subject to revocation of the release and, in addition, may be prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated upon notice to the district attorney by the warrant magistrate, assistant warrant magistrate, or any other person responsible for administering this part. A warrant for the arrest of a person charged with violating a condition of release may be issued by an officer authorized to issue warrants, upon the affidavit of the district attorney or any assistant district attorney, or upon the affidavit of any person responsible for administering this part. The person arrested under such a warrant shall be brought before a judicial officer. No order of revocation shall be entered unless, after the hearing, the judicial officer finds that there is...
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45-35-232.23
Section 45-35-232.23 Purpose; Houston County Work Release and Pretrial Release Fund. (a) The purpose of this subpart is to promote the rehabilitation of offenders and, insofar as possible, to provide for the Houston County Temporary and Work Release and Pretrial Program and to make the program self-supporting. (b) A person released from jail for work release, as a condition to being released pursuant to this subpart, shall pay to the county a sum equal to 30 percent of his or her gross earnings earned while so released. The court having jurisdiction of the case, as a condition to releasing a prisoner, may require that the inmate prisoner establish a payroll deduction for the payment of any sums due. All sums collected, whether by payroll deduction or otherwise, shall be paid over to and collected by the Houston County Commission and deposited to a separate fund designated the Houston County Work Release and Pretrial Release Fund. (c) If a person violates the terms and conditions set...
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13A-6-134
or herself or another family or household member from domestic violence may not be arrested for a violation of Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor, the officer shall consider all of the following: (1) Prior complaints of domestic violence. (2) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature. (3) The likelihood of future injury to each person. (4) Whether the person had reasonable cause to believe he or she was in imminent danger of becoming a victim of any act of domestic violence. (5) Whether one of the persons acted in self-defense. (b) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following: (1) The specific...
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15-22-27.4
Section 15-22-27.4 Parole of persons convicted of sex offense involving person under 13 years of age - Chemical castration treatment. (a) As used in this section, the following terms shall have the following meanings: (1) CHEMICAL CASTRATION TREATMENT. The receiving of medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person's body. (2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF 13 YEARS. A sex offense, as described in Section 15-20A-5, that is committed against a person who has not attained the age of 13 years. (b) Subject to Section 15-22-27.3, as a condition of parole, a court shall order a person convicted of a sex offense involving a person under the age of 13 years to undergo chemical castration treatment, in addition to any other punishment prescribed for that offense or any other provision of...
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12-15-127
or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer may allow release with or without electronic or telephone monitoring pending the 72-hour hearing requirement. (c) A person taking a child or minor into custody pursuant to subdivision (3) of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental health facility if the child or minor is believed to be suffering from a serious mental health condition, illness, or injury which requires either prompt treatment or prompt diagnosis for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious manner possible, give notice of the action taken together with a statement of taking the child or minor into custody in writing to the court, the parents, legal guardian or other legal custodian and to the intake office and to the Department of Human Resources in the case of a dependency allegation. (Acts 1975, No. 1205, p. 2384, §5-120;...
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30-3-135
Section 30-3-135 Visitation by parent who committed violence. (a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made. (b) In a visitation order, a court may take any of the following actions: (1) Order an exchange of the child to occur in a protected setting. (2) Order visitation supervised in a manner to be determined by the court. (3) Order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation. (4) Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation. (5) Order the perpetrator of domestic or family violence to pay a...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. (2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party. (b) Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of...
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