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15-13-101
Section 15-13-101 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise. (1) APPEARANCE
BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal
court, for the use of the State of Alabama or the municipality, a specified sum of money upon
the failure of a person released to comply with its conditions. (2) JUDICIAL OFFICER. Any
supreme court, appellate court, circuit court, district court, or municipal court judge or
any magistrate of any court in this state. (3) PROFESSIONAL BAIL COMPANY. A person, individual
proprietor, partnership, corporation, or other entity, other than a professional surety company,
that furnishes bail or becomes surety for a person on an appearance bond and does so for a
valuable consideration. (4) PROFESSIONAL BONDSMAN. An individual person or agent employed
by a professional surety company or professional bail company to...
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15-14-52
Section 15-14-52 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, the following terms, whether used in the singular or plural shall be given the
following respective interpretations: (1) PERSON. A human being, a public or private corporation,
an unincorporated association, a partnership, or other entity established by law, and/or a
government or a governmental instrumentality, including, but not limited to, the State of
Alabama or any political subdivision thereof. (2) CRIMINAL OFFENSE. Conduct which is alleged
in any summons, complaint, warrant of arrest, information, presentment, or indictment and
for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided
by any law of this state or by any law, local law, or ordinance of a political subdivision
of this state. (3) VICTIM. A person who is a victim of the defendant's...
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45-27-84.02
Section 45-27-84.02 Written request for extradition. (a) No demand for extradition of a tribal
fugitive shall be recognized unless a written request is received by the district attorney.
(b) The written request shall contain all of the following: (1) A sworn statement stating
that the accused tribal fugitive was alleged to be present on the reservation at the time
of the commission of the alleged crime and that the accused tribal fugitive is no longer on
the reservation. (2) A copy of an arrest warrant issued for the accused tribal fugitive. (3)
A copy of the conviction or sentence imposed, if applicable. (4) A sworn statement that the
accused tribal fugitive has broken the terms of bail, probation, or parole, or has been charged
with committing a specific offense under the laws of the tribe. (5) Any waiver of extradition
validly executed as a bond condition or as a term or condition of parole or probation, if
applicable. (6) Any identifying information that may assist law enforcement...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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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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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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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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15-13-111
Section 15-13-111 Kinds of bail. For persons arrested and taken into custody, there shall be
four kinds of bail used in this state. No other form of bail may be approved and accepted
by any judicial officer, court clerk, magistrate, or any other person designated to accept
and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional
surety bail. Their definitions are as follows: (1) CASH BAIL. Cash bail is when the defendant
or some person on behalf of the defendant deposits cash in an amount equal to a part or the
total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to Division 9. (2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking
relating to, or a deposit of, security. Such bail shall be granted...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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