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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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12-22-194
Section 12-22-194 Report on financial condition of petitioner. The trial court, either before,
after or during said hearing, may designate a probation officer of the court or may designate
the county Department of Human Resources to make inquiry and ascertain facts concerning the
financial condition and ability of defendant or petitioner, and it shall be the duty of such
agencies to investigate and file a written report of its findings with the trial judge. Such
report shall state with certainty any and all sources from which the defendant or petitioner
could be expected to obtain financial aid to pay such fees. (Acts 1961, Ex. Sess., No. 62,
p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)...
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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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15-22-76
Section 15-22-76 Discharge; arrest for violation of parole, with or without warrant; brought
before parole officer; hearing; serving sentence upon revocation. Upon the expiration of the
period of parole the parolee shall be discharged. At any time during the period of parole
the parolee may be arrested for the violation of any condition of his parole, and after a
hearing by the board his parole shall be subject to revocation. Any parole officer, police
officer or other law enforcement officer may arrest a parolee with or without a warrant for
the violation of any condition of his parole. In case of an arrest without a warrant, the
arresting officer shall have a written statement by a parole officer setting forth that parolee
has, in the judgment of the parole officer, violated the conditions of his parole. Such statement
shall be sufficient warrant for the detention of said parolee until he can be brought before
a parole officer. Such parole officer, after advising said parolee in...
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45-2-80.110
Section 45-2-80.110 Supervision fee; fund established. (a) In Baldwin County, a supervision
fee of twenty dollars ($20) per month shall be levied against any person placed under supervised
probation status of the Juvenile Court of Baldwin County, and shall be assessed, collected,
waived, or determined as provided for in subsection (b). The supervision fee assessed pursuant
to this section shall be in addition to any other costs and charges, including, but not limited
to, court costs, fines, and restitution payments imposed on any person placed on supervised
probation status of the Juvenile Court of Baldwin County. (b) The supervision fee imposed
by this section shall be assessed against the probationer, his or her parent or guardian,
or both individuals by the Juvenile Court of the Twenty-eighth Judicial Circuit of Alabama
or its successor. The fee shall be paid through the Office of the Circuit Clerk of Baldwin
County for each month that the person is subject to supervised probation...
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12-12-4
Section 12-12-4 Powers of court as to disposition of criminal cases generally. In disposing
of cases within its criminal jurisdiction, the district court may impose and suspend sentences,
place criminal defendants on probation, remit fines and court costs and release defendants
on personal recognizance in accordance with standards prescribed by law or rule; provided,
that the court may enter an order authorizing the defendant to drive under the conditions
set forth in the order. (Acts 1975, No. 1205, p. 2384, §4-106.)...
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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally;
powers of juvenile probation officers as to taking into custody and placing in shelter or
detention care of children generally; procedure upon taking into custody of child by juvenile
probation officer generally. (a) For the purpose of carrying out the objectives and purposes
of this chapter and subject to the limitations of this chapter or imposed by the juvenile
court, a juvenile probation officer shall perform the following duties: (1) Make investigations,
reports, and recommendations to the juvenile court. (2) Serve as a juvenile court intake officer
when designated by the juvenile court judge. (3) Supervise and assist a child placed on probation
or aftercare by order of the juvenile court or other authority of law until the terms of probation
or aftercare expire or are otherwise terminated. (4) Make appropriate referrals to other private
or public departments or agencies of the...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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12-5A-5
Section 12-5A-5 Employees included in state court system personnel system; salary subsidies.
(a) On the effective date of this chapter, any juvenile probation officer serving the juvenile
court and any clerical employee or professional staff member who supports the juvenile probation
officers shall become the base group of employees to be transitioned to be employees of the
State of Alabama and be included in the state court system personnel system. The foregoing
provision shall have no application or effect as to any position that is established and filled
after passage of this chapter, unless prior written approval for the additional position is
provided by the Administrative Director of Courts, nor shall it apply to any position or employee
whose primary responsibility involves support to a juvenile detention or shelter care facility.
Any controversy regarding the composition of that class of persons or positions qualifying
as court personnel under this chapter shall be determined...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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