Code of Alabama

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31-2A-72
Section 31-2A-72 (Article 72.) Vacation of suspension. (a) Before the vacation of the suspension
of a special court-martial sentence, which as approved includes a bad-conduct discharge, or
of any general court-martial sentence, the officer having special court-martial jurisdiction
over the probationer shall hold a hearing on an alleged violation of probation. The probationer
shall be represented at the hearing by military counsel if the probationer so desires. (b)
The record of the hearing and the recommendation of the officer having special court-martial
jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction
over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence,
except a dismissal, shall be executed, subject to applicable restrictions in this code. (c)
The suspension of any other sentence may be vacated by any authority competent to convene,
for the command in which the accused is serving or...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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31-2A-58
Section 31-2A-58 (Article 58.) Execution of confinement. (a) A sentence of confinement adjudged
by a court-martial, whether or not the sentence includes discharge or dismissal, and whether
or not the discharge or dismissal has been executed, may be carried into execution by confinement
in any place authorized by this code. Persons so confined are subject to the same discipline
and treatment as persons regularly confined or committed to that place of confinement. (b)
The omission of hard labor as a sentence authorized under this code does not deprive the state
confinement facility from employing it, if it otherwise is within the authority of that facility
to do so. (c) No place of confinement may require payment of any fee or charge for so receiving
or confining a person except as otherwise provided by law. (Act 2012-334, p. 790, §1.)...

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31-2A-58b
Section 31-2A-58b (Article 58b.) Sentences: Forfeiture of pay and allowances during confinement.
(a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture
of pay, or of pay and allowances, due that member during any period of confinement or parole.
The forfeiture pursuant to this article shall take effect on the date determined under Section
31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. The pay and allowances
forfeited, in the case of a general court-martial, shall be all pay and allowances due that
member during such period and, in the case of a special court-martial, shall be two-thirds
of all pay due that member during such period. (2) A sentence covered by this article is any
sentence that includes either of the following: a. Confinement for more than six months. b.
Confinement for six months or less and a bad-conduct discharge or dismissal. (b) In a case
involving an accused who has dependents, the convening...
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45-2-84.04
Section 45-2-84.04 Payment of court ordered sums. Any eligible person who has been sentenced
to the Baldwin County Community Corrections Center or a program pursuant to this part, granted
probation or whose sentence has been otherwise suspended, and it is conditioned on the payment
of court costs, fines, restitution, appointed attorney fee recoupment, or payment of any other
court ordered sums, the eligible person may be ordered to report to the Baldwin County Community
Corrections Center for times the court deems sufficient for the periodic payment of the above
sums, together with a daily supervision fee in an amount to be determined by the Baldwin County
Pretrial Release and Community Corrections Board, but not less than one dollar ($1) to be
paid to the Baldwin County Community Corrections Fund. The Baldwin County Pretrial Release
and Community Corrections Board shall promulgate rules for the management and disbursement
of monies ordered by the court to be paid to third parties....
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6-6-600
Section 6-6-600 Judgment - Excluding defendant from office or franchise or prohibiting practice
of profession. When a defendant, whether a natural person or a corporation, against whom such
action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully
holding or exercising, any office or franchise or unlawfully practicing any profession, judgment
must be entered that such defendant be excluded from the office or franchise or be prohibited
from practicing such profession and that the plaintiff recover costs against such defendant.
Execution shall be issued on such judgment at the expiration of five days from the date thereof,
unless the defendant shall, within such time, take an appeal to the supreme court. Any violation
of any such order shall be a contempt of court. (Code 1852, §2665; Code 1867, §3093; Code
1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944;
Code 1940, T. 7, §1148.)...
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13A-5-39
Section 13A-5-39 Definitions. As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death
or life imprisonment without parole, or in the case of a defendant who establishes that he
or she was under the age of 18 years at the time of the capital offense, life imprisonment,
or life imprisonment without parole, according to the provisions of this article. (2) DURING.
The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission
of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2)
and (3). (4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL...
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14-3-30
Section 14-3-30 Temporary confinement of convict pending removal; inmate developing medical
condition which requires treatment. (a) When any convict is sentenced to the penitentiary,
the judge of the court in which the sentence is rendered shall order the inmate to be confined
in the nearest secure jail. The clerk of the court shall at once notify the Department of
Corrections as to the jail where the inmate is confined, forward to the department a copy
of the judgment entry and sentence in the case, and inform the department if any special care
is necessary to guard the inmate. Thereupon, the department shall direct where the inmate
shall be taken for confinement or hard labor. (b) When an inmate sentenced to the custody
of the department and the department is in receipt of a transcript of such sentence, is being
housed in a county jail, and the inmate develops a medical condition which requires immediate
treatment at a medical-care facility outside the county jail, the department...
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15-23-73
Section 15-23-73 Impact statement; right to review pre-sentence investigative report. (a) The
victim may submit a written impact statement or make an oral impact statement to the probation
officer for use in preparing a pre-sentence report. The probation officer shall consider the
economic, physical, and psychological impact that the criminal offense has had on the victim
and the immediate family of the victim. (b) The victim shall have the right to review a copy
of the pre-sentence investigative report, subject to the applicable federal or state confidentiality
laws, at the same time the document is available to the defendant or his or her counsel. (Acts
1995, No. 95-583, p. 1234, §14.)...
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31-2A-57
Section 31-2A-57 (Article 57.) Effective date of sentences. (a) Whenever a sentence of a court-martial
as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to
confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or
after the date the sentence is approved by the convening authority. No forfeiture may extend
to any pay or allowances accrued before that date. (b) Any period of confinement included
in a sentence of a court-martial begins to run from the date the sentence is adjudged by the
court-martial, but periods during which the sentence to confinement is suspended or deferred
shall be excluded in computing the service of the term of confinement. (c) All other sentences
of courts-martial are effective on the date ordered executed. (Act 2012-334, p. 790, §1.)...

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