13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall
impose sentence. Where the jury has returned a verdict of death, the court shall sentence
the defendant to death. Where a sentence of death is not returned by the jury, the court shall
sentence the defendant to life imprisonment without parole. This code section shall not affect
a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing
jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall
permit the parties to present arguments concerning the existence of aggravating and mitigating
circumstances and the proper sentence to be imposed in the case....
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15-22-26.2
Section 15-22-26.2 Mandatory supervision period on certain sentences. (a) A convicted defendant
sentenced to a period of confinement under the supervision of the Department of Corrections
shall be subject to the following provisions, unless the defendant is released to a term of
probation or released on parole under the provisions of Chapter 22 of Title 15: (1) If the
defendant is sentenced to a period of five years or less, he or she shall be released to supervision
by the Board of Pardons and Paroles no less than three months and no more than five months
prior to the defendant's release date; (2) If the defendant is sentenced to a period of more
than five years but less than 10 years, he or she shall be released to supervision by the
Board of Pardons and Paroles no less than six months and no more than nine months prior to
the defendant's release date; or (3) If the defendant is sentenced to a period of 10 years
or more, he or she shall be released to supervision by the Board of...
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15-22-52
Section 15-22-52 Conditions of probation. The court shall determine and may at any time modify
the conditions of probation and shall include among them the following or any other conditions.
Such conditions shall provide that the probationer shall: (1) Avoid injurious or vicious habits;
(2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation
officer as directed; (4) Permit the probation officer to visit him or her at his or her home
or elsewhere; (5) Work faithfully at suitable employments as far as possible; (6) Remain within
a specified place; (7) Pay the fine imposed or costs or such portions thereof as the court
may determine and in such installments as the court may direct; (8) Make reparation or restitution
to the aggrieved party for the damage or loss caused by his or her offense in an amount to
be determined by the court; (9) Support his or her dependents to the best of his or her ability;
and (10) Submit to behavioral treatment, substance...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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15-22-55
Section 15-22-55 Assessment and payment of court costs of termination of probation proceedings.
All costs of court, including witness fees, relating to a termination of probation proceeding
shall be assessed and paid in the same manner as if no suspension of execution of sentence
had intervened. (Acts 1939, No. 278, p. 434; Code 1940, T. 42, §25; Acts 1945, No. 426, p.
666; Acts 1953, No. 750, p. 1013.)...
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30-4-52
Section 30-4-52 Probation for defendants released prior to completion of sentence. Persons
sentenced to serve a term in jail or at hard labor under the terms of this article may, if
released by the court before the expiration of their term of sentence, as is provided for
in this article, be placed on probation for the remainder of such term, upon the same terms
and conditions and in the manner prescribed in this article for the probation of offenders
not serving sentences. (Acts 1919, No. 181, p. 176; Code 1923, §4482; Code 1940, T. 34, §92.)...

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45-37-83.20
Section 45-37-83.20 Additional fee - Family Court Probation Fund. (a) In Jefferson County,
in addition to all other costs and charges in district court cases, a fee of four dollars
($4) shall be charged and collected by the clerk of the district court. This charge shall
not be collected on traffic cases. The net monies derived from the charges hereinabove prescribed
shall be remitted to the office of the family court administrator, who shall deposit such
monies in the Family Court Probation Fund. (b) There is hereby established a Family Court
Probation Fund for the deposit of the above described court cost monies. The fund shall be
maintained in an interest bearing account in a bank of known responsibility by the family
court administrator. (c) Any funds appropriated from this fund shall be strictly limited to
family court programs endorsed by the chief probation officer and approved by the presiding
family court circuit judge. (d) The family court administrator shall have the power to...

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13A-5-44
Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in
sentence hearing. (a) The selection of the jury for the trial of a capital case shall include
the selection of at least two alternate jurors chosen according to procedures specified by
law or court rule. (b) The separation of the jury during the pendency of the trial of a capital
case shall be governed by applicable law or court rule. (c) Notwithstanding any other provision
of law, the defendant with the consent of the state and with the approval of the court may
waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided,
however, before any such waiver is valid, it must affirmatively appear in the record that
the defendant himself has freely waived his right to the participation of a jury in the sentence
proceeding, after having been expressly informed of such right. (Acts 1981, No. 81-178, p.
203, §6.)...
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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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15-13-109
Section 15-13-109 Bail in probation violation cases. In cases where the defendant has been
placed on, or granted, probation and is arrested on a probation violation warrant, it shall
be discretionary with the court having jurisdiction as to whether bail is granted and in what
amount. (Acts 1993, No. 93-677, p. 1259, §10.)...
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