15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
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45-27-84.06
Section 45-27-84.06 Notice; extradition proceeding; waiver. (a) No tribal fugitive shall be
delivered to an agent appointed by the tribe to receive the tribal fugitive until first being
taken before the district court judge, who shall inform the accused tribal fugitive of the
demand for extradition, the crime charged, and of his or her right to request counsel. (b)(1)
If the accused tribal fugitive or his or her counsel state the desire to test the legality
of the arrest, the accused tribal fugitive shall be taken before the district court judge
within 72 hours for an extradition proceeding. (2) The time and place of the extradition proceeding
shall be given by the court conducting the proceeding to the district attorney of the county
and to the Office of the Attorney General of the tribe. (c)(1) A formal extradition proceeding
under this part may be waived if the accused tribal fugitive making the waiver, knowingly,
and in the presence of the district court judge, signs a statement...
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12-25-38
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail to comply
with the conditions of post-release supervision as specified by the Board of Pardons and Paroles
may have their release status revoked. (b) At any time during the period of post-release supervision,
the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested
for violating any of the conditions of post-release supervision. (c) Any probation officer,
police officer, or other officer with power of arrest, when requested by the probation officer
or other supervising officer, may arrest an offender under post-release supervision without
a warrant. To arrest the offender without a warrant, the arresting officer shall have a written
statement by the probation officer or other supervising officer declaring that the offender
under post-release supervision, in his or her judgment, has violated the conditions of post-release
supervision. The statement shall be...
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13A-6-183
Section 13A-6-183 Custody of arrestee; access to resources; photographs. (a) For the safety
and well-being of a person arrested for the crime of prostitution under Division 2 of Article
3 of Chapter 12 he or she may be held in custody for up to 72 hours. The person shall be brought
before a court of competent jurisdiction as soon as possible within a 48-hour period to conduct
an inquiry into the person's access to resources, such as, but not limited to, health care,
shelter, mental health counseling, or financial aid. The court may issue an order to assist
the person in obtaining the services and resources needed pursuant to the court's inquiry.
(b) A photograph of a person taken by a law enforcement agency upon the arrest of a person
for the crime of prostitution under Division 2 of Article 3 of Chapter 12, is not a public
record and may not be published in any printed or electronic media or provided to any person
without an order of a district court judge with jurisdiction over the...
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45-45-233.31
Section 45-45-233.31 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to Section 45-45-233.28 and as to whom
there is probable cause to believe he or she has committed a felony or misdemeanor while released,
shall be subject to revocation of release. (b) Proceedings for revocation of release for the
ground in this section, may be initiated by any person responsible for administering this
subpart giving notice to the district attorney. After the district attorney has received notice,
a warrant for the arrest of a person who is charged with violating the conditions of release
under this section, may by issued by any officer authorized to issue warrants, on the affidavit
of the district attorney or any assistant district attorney, or on the affidavit of any person
responsible for administering this subpart. The person arrested under such a warrant shall
be brought before a judicial officer in the county. No order of...
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45-49-235.11
Section 45-49-235.11 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to this part and as to whom there is probable
cause to believe has committed a felony or misdemeanor while released, shall be subject to
the revocation of his or her release. (b) Proceedings for revocation of release for the grounds
stated in this section, may be initiated by any person responsible for administering this
part after notice to the district attorney. After the district attorney has received such
notice, a warrant for the arrest of a person who is charged with violating the conditions
of release under this section, may be issued by any officer authorized to issue warrants upon
the affidavit of the district attorney or any assistant district attorney, or upon the affidavit
of any person responsible for administering this part. The person arrested under such warrant
shall be brought before a judicial officer. No order of revocation...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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45-14-233
Section 45-14-233 Law enforcement authority of community corrections director and employees.
(a) The Director of the Clay County Community Corrections Program and employees of the program
shall constitute law enforcement officers of the State of Alabama with authority to make arrests
and serve arrest and search warrants in the performance of their official duties to the same
extent as deputy sheriffs are authorized and empowered in the counties, so long as he or she
holds a current certification from the Alabama Peace Officers' Standards and Training Commission.
The powers of arrest under this section shall be limited to investigations and arrests involving
criminal acts committed at facilities of the program and acts committed by persons under their
supervision which constitute a violation of supervision or the commission of a criminal offense.
The program director or any community corrections employee with law enforcement authority
may arrest any person under his or her supervision...
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45-35-232.30
Section 45-35-232.30 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to this subpart shall be subject to revocation
of release if there is probable cause to believe he or she has committed a felony or misdemeanor
while released. b) A proceeding for revocation of release pursuant to this section, shall
be initiated by any person responsible for administering this subpart giving notice to the
district attorney. When the district attorney receives a notice, a warrant for the arrest
of a person who is charged with violating the conditions of release pursuant to this section
shall be issued by any officer authorized to issue warrants on the affidavit of the district
attorney, any assistant district attorney, or any person responsible for administering this
subpart. The person arrested under a warrant pursuant to this section shall be brought before
a judicial officer in the county. An order of revocation shall not be...
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45-36-232.31
Section 45-36-232.31 Revocation of release - Probable cause of felony or misdemeanor. (a) A
person who has been conditionally released pursuant to Section 45-36-232.28 and as to whom
there is probable cause to believe he or she has committed a felony or misdemeanor while released,
shall be subject to revocation of release. (b) Proceedings for revocation of release for the
ground in this provision, may be initiated by any person responsible for administering this
subpart giving notice to the district attorney. After the district attorney has received such
notice, a warrant for the arrest of a person who is charged with violating the conditions
of release under this section, may be issued by any officer authorized to issue warrants,
on the affidavit of the district attorney or any assistant district attorney, or on the affidavit
of any person responsible for administering this subpart. The person arrested under such a
warrant shall be brought before a judicial officer in the county. No...
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