15-13-123
Section 15-13-123 Surety discharged - Failing to accept detainer. In all cases where any law
enforcement officer, as described in Section 15-13-122, who has custody of a defendant for
which a surety presents to the officer a bondsman's process in order to place a detainer on
the defendant, refuses to accept and place a detainer on the defendant or in detainer cases
where the defendant is released and the surety is not notified or given the opportunity to
arrest the defendant as set out in Section 15-13-122, the surety shall be exonerated of all
liability on the bail by the court having jurisdiction over the bail. (Acts 1993, No. 93-677,
p. 1259, §24.)...
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15-16-63
Section 15-16-63 Department must give notice of opinion that defendant is no longer mentally
ill, poses no threat of substantial harm, etc.; inclusion in notice of conditional release
plan. Whenever the department or other facility with custody of a defendant is of the opinion
that the defendant is no longer mentally ill, or that the defendant no longer poses a real
and present threat of substantial harm to himself or to others by being at large, or no longer
poses a real and present threat of substantial harm to himself or to others by being at large
if certain conditions are imposed upon his release, the department or other facility shall
give notice in writing to the court of that opinion. The department or other facility shall
contemporaneously send copies of that notice to: the district attorney; the regional or community
mental health facility which is or may be involved if the defendant is released; and the defendant,
or his guardian, or his attorney. The department may include...
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15-22-75
Section 15-22-75 Work release wages; payable to city; withholding confinement costs; disbursing
balance. The employer of an inmate who is released from custody under a work release program
shall pay the inmate's wages direct to the city finance department. The mayor of the city
may adopt regulations concerning the manner of disbursing any earnings of the inmates involved
in the work release program. The mayor is authorized to withhold from an inmate's wages the
costs incident to the inmate's confinement as the mayor shall deem appropriate and reasonable,
provided however, that in no event shall the mayor withhold more than 20 percent of such inmate's
gross wages as the costs incident to such inmate's confinement. After the costs incident to
the inmate's confinement have been deducted from the inmate's earnings, the remainder of the
inmate's earnings shall be credited to the inmate's account with the city finance department,
and upon his release from confinement shall be turned over to...
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15-24-5
Section 15-24-5 Proceedings upon finding defendant to be intellectually disabled. If the defendant
is determined by the court to be intellectually disabled, the judge may: (1) Consider the
information submitted in determining the need for pretrial release along with appropriate
conditions, or (2) Order that the defendant, if he is not released, be accorded placement
consistent with his special status so as to better protect him during this period of pretrial
confinement. (Acts 1985, No. 85-652, p. 1020, §5.)...
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13A-10-39
Section 13A-10-39 Bail jumping in the first degree. (a) The person commits the crime of bail
jumping in the first degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed murder or any Class A or B felony, he fails to appear
at the time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) Bail jumping in the first degree
is a Class C felony. (Acts 1977, No. 607, p. 812, §4620.)...
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13A-10-40
Section 13A-10-40 Bail jumping in the second degree. (a) A person commits the crime of bail
jumping in the second degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed any misdemeanor or Class C felony, he fails to appear
at that time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) This section does not apply
to a person released from custody on condition that he will appear in connection with a charge
of having committed a misdemeanor in violation of Title 32 of this Code. (d) Bail jumping
in the second degree is a Class A misdemeanor. (Acts...
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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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15-22-74
Section 15-22-74 Work and educational releases; revocation; deemed escapee. Any prisoner released
to work or further his education or training who violates any condition of his release as
prescribed by the board may have such privilege revoked by the board. Any prisoner released
to work or further his education or training who fails to return to city jail within the time
prescribed by the parole board may, in addition, be deemed an escapee and shall be punished
as such if said failure to return to city jail is willful. (Acts 1979, No. 79-674, p. 1189,
§5.)...
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26-23G-6
Section 26-23G-6 Attorney fees. (a) If judgment is rendered in favor of the plaintiff in an
action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment
for reasonable attorney fees in favor of the plaintiff against the defendant. (b) If judgment
is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section
26-23G-5, and the court finds that the plaintiff's suit was frivolous and brought in bad faith,
the court shall render judgment for reasonable attorney fees in favor of the defendant against
the plaintiff. (c) No attorney fees may be assessed against the woman upon whom an abortion
was performed or attempted to be performed except in accordance with subsection (b). (Act
2016-397, §6.)...
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30-5-6
Section 30-5-6 Hearing on petition; temporary orders. (a) The court shall hold a hearing after
the filing of a petition under this chapter upon the request of the defendant or within 10
days of the perfection of service. A final hearing shall be set at which the standard of proof
shall be a preponderance of the evidence. If the defendant has not been served, a final hearing
may be continued to allow for service to be perfected. (b) The court may enter such temporary
ex parte protection orders as it deems necessary to protect the plaintiff or children from
abuse, or the immediate and present danger of abuse to the plaintiff or children, upon good
cause shown. The court shall grant or deny a petition for a temporary ex parte protection
order filed under this chapter within three business days of the filing of the petition. Any
granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court...
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