15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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15-22-53
Section 15-22-53 Powers and duties of probation officers; restrictions on inspection of records,
reports, etc., of probation officers. (a) A probation officer shall investigate all cases
referred to him or her for investigation by any court or by the Board of Pardons and Paroles
and shall report in writing thereon. He or she shall furnish to persons released on probation
under his or her supervision a written statement of the conditions of probation and shall
instruct them regarding the same. Such officer shall keep informed concerning the conduct
and condition of each person on probation under his or her supervision by visiting, requiring
reports, and in other ways, based on the offender's measured risk of offending, and he or
she shall report thereon in writing as often as the court or the board may require. The officer
shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32,
not inconsistent with the provisions imposed by the court, to aid and...
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18-1A-95
Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses to defendant.
(a) If the probate court determines that a preliminary objection is meritorious, the court
shall make an appropriate order including: (1) Dismissal of the action, in whole or in part,
if the plaintiff is not authorized to take the property, or some part thereof, or the acts
or omissions constituting the basis for the objection will necessarily inflict irreparable
injury upon the defendant; (2) Conditional dismissal, in whole or in part, unless, within
a specified period, the plaintiff takes corrective or remedial action prescribed in the order,
including, if appropriate, the adoption of a new or amended condemnation authorization; or
(3) Any other disposition required by the circumstances. (b) In addition to other requirements
of an order sustaining a preliminary objection or determining that the failure or omission
constituting the basis of the objection was reasonably excusable, the...
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45-16-82.63
Section 45-16-82.63 Notice of defaults; collection of funds. The court, the clerk of the court,
or a probation officer shall notify the district attorney in writing when any bail bond forfeitures,
court costs, fines, penalty payments, crime victims' restitution, or victims' compensation
assessments or like payments in any civil or criminal proceeding ordered by the court to be
paid to the state or to crime victims have not been paid or are in default and the default
has not been vacated. Upon written notification to the district attorney, the restitution
recovery division of the district attorney's office may collect or enforce the collection
of funds that have not been paid or that are in default which, under the direction of the
district attorney, are appropriate to be processed. In no event shall a court, court clerk,
or probation officer notify the district attorney in less than 90 days from the date the payments
are due to be paid in full. (Act 95-352, p. 718, §4.)...
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45-2-81.73
Section 45-2-81.73 Written notice of defaults - Enforcement of the collection of fund. The
court, the clerk of the court, or a probation officer shall notify the district attorney in
writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims'
restitution, or victims' compensation assessments or like payments in any civil or criminal
proceeding ordered by the court to be paid to the state or to crime victims have not been
paid or are in default and the default has not been vacated. Upon written notification to
the district attorney, the Restitution Recovery Division of the district attorney's office
may collect or enforce the collection of funds that have not been paid or that are in default
which, under the direction of the district attorney, are appropriate to be processed. In no
event shall a court, court clerk, or probation officer notify the district attorney in less
than 90 days from the date the payments are due to be paid in full. (Act 94-667, p....
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45-20-82.63
Section 45-20-82.63 Written notice of defaults - Collection, enforcement of funds. The court,
the clerk of the court, or a probation officer shall notify the district attorney in writing
when any bail bond forfeitures, court costs, fines, penalty assessments, crime victims' restitution,
or victims' compensation assessments or like assessments in any civil or criminal proceeding
ordered by the court to be paid to the state or to crime victims have not been paid or are
in default and the default has not been vacated. Upon written notification to the district
attorney, the restitution recovery division of the district attorney's office may collect
or enforce the collection of funds that have not been paid or that are in default which, under
the direction of the district attorney, are appropriate to be processed. In no event shall
a court, court clerk, or probation officer notify the district attorney in less than 90 days
from the date any payment is due to be paid. (Act 94-807, p. 125,...
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45-45-83.73
Section 45-45-83.73 Written notice of defaults - Collection, enforcement of funds. The court,
the clerk of the court, or a probation officer shall notify the district attorney in writing
when any bail bond forfeitures, court costs, fines, penalty payments, crime victims' restitution,
or victims' compensation assessments or like payments in any civil or criminal proceeding
ordered by the court to be paid to the state or to crime victims have not been paid or are
in default and the default has not been vacated. Upon written notification to the district
attorney, the restitution recovery division of the district attorney's office may collect
or enforce the collection of funds that have not been paid or that are in default which, under
the direction of the district attorney, are appropriate to be processed. In no event shall
a court, court clerk, or probation officer notify the district attorney in less than 90 days
from the date the payments are due to be paid in full. (Act 94-413, p....
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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12-25-35
Section 12-25-35 Use of voluntary sentencing standards. (a) In felony cases, a probation officer,
the district attorney, or some other person appointed at the discretion of the sentencing
judge, and within the time frame set by the judge, shall, after notice to the offender or
his or her attorney, present a completed appropriate voluntary sentencing standards worksheet
to the sentencing judge for consideration. (b) The trial court shall review the sentencing
standards worksheet and consider the suitability of the applicable voluntary sentencing standards
established pursuant to this article. In imposing sentence, the court shall indicate on the
record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary
standards, and sentences outside the voluntary sentencing standards in accordance with existing
law, the court may provide a brief written reason for...
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13A-5-11
Section 13A-5-11 Fines for felonies. (a) A sentence to pay a fine for a felony shall be for
a definite amount, fixed by the court, within the following limitations: (1) For a Class A
felony, not more than $60,000; (2) For a Class B felony, not more than $30,000; (3) For a
Class C felony, not more than $15,000; (4) For a Class D felony, not more than $7,500; or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim
caused by the commission of the offense. (b) 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 to the time sentence is imposed. "Value"
shall be determined by the standards established in subdivision (14) of Section 13A-8-1. (c)
The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
the crime...
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