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15-13-145
Section 15-13-145 Defendants who may be eligible. Any person charged with a felony, misdemeanor,
or violation shall be eligible for a judicial public bail, if: (1) The person is not charged
with robbery, capital murder, forcible sex crimes, escape, trafficking in drugs, or the sale
of drugs. (2) The person has not been convicted of a previous felony or committed a felony
while being released on any form of bail. (3) The person is not presently under a suspended
sentence or on probation or parole for a previous conviction on a misdemeanor or a felony.
(4) There is no evidence, satisfactory to the judicial officer, that the person has violated
a previous bail release, whether it be judicial public bail, property, cash, or professional
surety bail. (Acts 1993, No. 93-677, p. 1259, §46.)...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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38-1-8
Section 38-1-8 Federal aid for certain felony offenders. Pursuant to subsection (d) of 21 U.S.C.
§862a, a person convicted of a drug related felony who is otherwise ineligible for aid under
the Temporary Assistance for Needy Families program, or the federal Supplemental Nutrition
Assistance Program, or both shall be eligible for the aid upon completion of his or her sentence
or if the person is satisfactorily serving a sentence of a period of probation, including
if the person has satisfactorily completed mandatory participation in a drug treatment program,
provided the person meets all other requirements for eligibility under the program or programs.
Any person eligible for aid pursuant to this provision shall still comply with all other requirements
for receiving aid, including those related to drug testing. (Act 2015-185, §12.)...
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45-45-233.20
Section 45-45-233.20 Work release for gainful employment conducive to rehabilitation. Any person
who has been committed to the county jail or to any city jail in Madison County under a criminal
sentence may be released therefrom at the sentencing court, either on its own motion or upon
the motion of the defendant, at the time of sentence or at any time during the term of sentence,
for the purpose of obtaining and working at gainful employment or for such other purpose as
the court may deem conducive to his or her rehabilitation, for such time or intervals of time
and under such terms and conditions as the court may order. Any part of a day spent outside
of jail under such a release order shall be counted as a full day toward the serving of the
sentence unless otherwise provided by the court. If a person violates the terms and conditions
laid down for his or her conduct, custody, and employment, he or she shall be returned to
the sentencing court. The court may then require that the...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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13A-5-12
Section 13A-5-12 Fines for misdemeanors and violations. (a) A sentence to pay a fine for a
misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000; (2) For a Class B misdemeanor, not more
than $3,000; (3) For a Class C misdemeanor, not more than $500; or (4) Any amount not exceeding
double the pecuniary gain to the defendant or loss to the victim caused by the commission
of the offense. (b) A sentence to pay a fine for a violation shall be for a definite amount,
fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain
to the defendant or loss to the victim caused by the commission of the offense. (c) As used
in this section, "gain" means the amount of money or the value of property derived
from the commission of the crime, less the amount of money or the value of property returned
to the victim of the crime or seized or surrendered to lawful authority prior...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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15-18-64
Section 15-18-64 Court to retain jurisdiction for purposes of collecting court-ordered fines,
fees, costs, or restitution. (a) In every instance, the court shall retain jurisdiction of
any person who reaches the end of his or her sentence, received a termination of supervised
or unsupervised parole or supervised or unsupervised probation, or in any way has completed
all terms of his or her sentence or incarceration pursuant to Act 2015-185 or any other provision
of law for the purposes of the enforcement of a court order related to uncollected court-ordered
fines, fees, costs, or restitution, pursuant to Division 4 of Article 6 of Chapter 17 of Title
12 and Article 4A of Chapter 18 of this title. (b) All interest, fees, or penalties prescribed
by law must be attached to any unpaid sums pursuant to Division 4 of Article 6 of Chapter
17 of Title 12 and Article 4A of Chapter 18 of this title. (Act 2015-185, §10.)...
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