|
15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-175.htm - 7K - Match Info - Similar pages
15-9-83
Section 15-9-83 Action by official having custody of prisoner upon receipt of request for final
determination. The request shall be delivered to the warden or other like official having
custody of the prisoner, who shall forthwith: (1) Certify the term of commitment under which
the prisoner is being held, the time already served on the sentence, the time remaining to
be served, the good time earned, the time of parole eligibility of the prisoner and any decisions
of the State Board of Pardons and Paroles relating to the prisoner; and (2) Send by registered
or certified mail, return receipt requested, one copy of the request and certificate to the
court and one copy to the district attorney to whom it is addressed. (Acts 1978, No. 590,
p. 693, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-9-83.htm - 1K - Match Info - Similar pages
31-2-104
Section 31-2-104 Courts-martial for members of National Guard - Persons authorized to execute
processes and sentences. All processes and sentences of any of the military courts of this
state shall be executed by any sheriff, deputy sheriff, constable, or police officer, or by
any person deputized by the military court, into whose hands the same may be placed for service
or execution, and such officer shall make return thereof to the officer issuing or imposing
the same. Such service or execution of process or sentence shall be made by such officer without
tender or advancement of fee therefor, but all costs in such cases shall be paid from funds
appropriated for military purposes. The actual necessary expenses of conveying individuals
from one county in the state to another, when the same is authorized and directed by the Adjutant
General of the state, shall be paid from the regular military appropriation of the state when
approved by the Governor. (Acts 1936, Ex. Sess., No. 143, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-104.htm - 1K - Match Info - Similar pages
36-22-10
Section 36-22-10 Maintenance of record book as to executions or orders of sale received by
sheriff generally. Each sheriff must also enter in well-bound books, whenever any execution
or order of sale is received by him, the names of the parties, the character of the process,
the time of its receipt, the date of the judgment on which the same issued, if it appears
from such process, the amount of the same, principal and costs, the court from which it issued
and the name of the attorneys as endorsed thereon. (Code 1852, §691; Code 1867, §819; Code
1876, §732; Code 1886, §812; Code 1896, §3742; Code 1907, §5874; Code 1923, §10200; Code
1940, T. 54, §19.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-22-10.htm - 1002 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-45.htm - 3K - Match Info - Similar pages
28-4-278
Section 28-4-278 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Issuance of order for delivery of liquors and beverages, etc., to Alcoholic
Beverage Control Board or for restoration of same to place or person from which or from whom
seized upon entry of final judgment in proceedings under article. Whenever it shall be finally
decided that the liquors and vessels seized as provided in this article are forfeited and
ordered condemned, the judge or court entering final judgment of forfeiture shall issue to
the officer having said liquors and beverages and vessels and receptacles in custody a written
order directing him forthwith to deliver said liquors and beverages and vessels and receptacles
to the Alcoholic Beverage Control Board as provided in Section 28-4-273, except in the case
of nonfederal tax-paid liquors or beverages, which shall be publicly destroyed, and the officer
shall immediately thereafter make return of said order to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-278.htm - 1K - Match Info - Similar pages
28-4-289
Section 28-4-289 Payment of costs in actions for condemnation of vehicles, etc., used in transportation
of prohibited liquors or beverages where judgment entered against state. In all actions filed
under this article for the purpose of condemning and selling conveyances and vehicles of transportation
of any kind on account of their use in the transportation of prohibited liquors or beverages,
if a judgment shall be entered against the state, the court costs shall be paid out of the
law-enforcement fund provided for in this article, said payment to be made on warrant of the
Comptroller upon receipt by him of the bill of costs certified as being correct by the register
or clerk of the circuit court in which such action shall have been tried, which cost bill
should also bear the approval of the Attorney General and the Governor before a warrant shall
be drawn. (Acts 1923, No. 567, p. 736; Code 1923, §4785; Code 1940, T. 29, §254.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-289.htm - 1K - Match Info - Similar pages
6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-455.htm - 1K - Match Info - Similar pages
6-9-1
Section 6-9-1 Executions on judgments; forms thereof. The party in whose favor a judgment is
entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10
years thereafter, have a writ of execution against the lands and goods of the party against
whom such judgment is entered. When the judgment is for specific property or the alternate
value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction
thereof. Such writs of execution must substantially conform to the following forms: (Form
of Writ of Execution) The State of Alabama, ___ County. To any Sheriff of the State of Alabama:
You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you
cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of
_____, 2__, by the judgment of the circuit (or district) court, held for the County of _____,
besides _____ dollars, costs of the action; and have the same to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-1.htm - 4K - Match Info - Similar pages
15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-8.htm - 7K - Match Info - Similar pages
|