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15-16-24
Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty
or verdict of conviction. If it shall appear from the evidence that a defendant did the act
charged as constituting the offense, but at the time of committing the act he was insane,
the jury shall render a special verdict to the effect that the defendant is not guilty by
reason of insanity, but if the jury does not believe from the evidence that the defendant
committed the act or if it believes from the evidence that he is not guilty upon any ground
other than his alleged insanity, it must return a general verdict of not guilty; otherwise,
it must return a verdict of conviction. (Code 1896, §4940; Code 1907, §7177; Code 1923,
§4574; Code 1940, T. 15, §424.)...
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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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15-15-23
Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing of
defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court
shall proceed to hear the testimony of any witnesses who may be summoned or offered either
by the state or by the defendant or whom the court may direct to be summoned, and it must
hear also the testimony of the defendant. (b) If after hearing the testimony the court believes
beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense
charged against him in the information provided for in Section 15-15-21, the court shall thereupon
receive and enter the plea of guilty of such defendant, shall enter judgment of conviction
thereon and shall sentence the defendant to such term in the penitentiary as is prescribed
by law, any other provisions of the law to the contrary notwithstanding. (Acts 1939, No. 227,
p. 367; Code 1940, T. 15, §264.)...
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15-16-1
Section 15-16-1 Defense of insanity to be by special plea. When the defense of insanity is
set up in any criminal prosecution, it must be by special plea, interposed at the time of
arraignment and entered of record upon the docket of the court, which, in substance, shall
be "not guilty by reason of insanity." A plea of insanity shall not preclude the
usual plea of the general issue, which shall not, however, put in issue the question of the
irresponsibility of the accused by reason of his alleged insanity, this question being triable
only under the special plea. (Code 1896, §4939; Code 1907, §7176; Code 1923, §4573; Code
1940, T. 15, §423.)...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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22-52-1.2
Section 22-52-1.2 Filing and contents of petition seeking involuntary commitment of another.
(a) Any person may file a petition seeking the involuntary commitment of another person. The
petition shall be filed in the probate court of the county in which the respondent is located.
The petition shall be in writing, executed under oath, and shall include the following information:
(1) The name and address, if known, of the respondent. (2) The name and address, if known,
of the respondent's spouse, legal counsel, or next-of-kin. (3) That the petitioner has reason
to believe the respondent is mentally ill. (4) That the beliefs of the petitioner are based
on specific behavior, acts, attempts, or threats, which shall be specified and described in
detail. (5) The names and addresses of other persons with knowledge of respondent's mental
illness who may be called as witnesses. The petition may be accompanied by any other relevant
information. (b) The home address and the telephone number of the...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child.
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor
or child, pending final hearing upon a petition for mental commitment of the minor or child
in the custody of any person, department, or agency other than his or her parent, legal guardian,
or legal custodian, the juvenile court at the time the confinement is ordered shall set the
matter for a hearing within seven days to determine if probable cause exists that the minor
or child should be committed. At the probable cause hearing, the juvenile court shall determine
if it is necessary to continue the restraint or confinement pending the final hearing. (b)
Upon a finding of probable cause that the minor or child should be committed, the juvenile
court shall enter an order so stating and setting the date, time, and place of the hearing
on the merits of the petition. (c) The final hearing shall be held on the...
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15-18-67
Section 15-18-67 Restitution hearing; order of restitution; persons entitled to be heard. When
a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary
damages or loss to a victim, the court shall hold a hearing to determine the amount or type
of restitution due the victim or victims of such defendant's criminal acts. Such restitution
hearings shall be held as a matter of course and in addition to any other sentence which it
may impose, the court shall order that the defendant make restitution or otherwise compensate
such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives
or the administrator of any victim's estate as well as the district attorney shall have the
right to be present and be heard upon the issue of restitution at any such hearings. (Acts
1980, No. 80-588, p. 928, §3.)...
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