15-21-25
Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment
irregular. In habeas corpus proceedings, if it appears that the party has been legally committed
for any public offense or that he is guilty of such an offense, although his commitment was
irregular, he may be remanded to the custody or restraint from which he was taken if the person
under whose custody or restraint he was is legally entitled thereto; but, if not so entitled,
he must be committed to the custody or restraint of the proper officer or person. (Code 1852,
§736; Code 1867, §4287; Code 1876, §4963; Code 1886, §4786; Code 1896, §4839; Code 1907,
§7034; Code 1923, §4333; Code 1940, T. 15, §29.)...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, may file a
petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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26-23G-3
Section 26-23G-3 Dismemberment abortion prohibited unless necessary to prevent serious health
risk to mother of unborn child. (a) Notwithstanding any other provision of law, it shall be
unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion
and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn
child's mother. (b) An individual accused in any proceeding of unlawful conduct under subsection
(a) may seek a hearing before the State Board of Medical Examiners on whether the dismemberment
abortion was necessary to prevent serious health risk to the unborn child's mother. The findings
of the board are admissible on that issue at any trial in which such unlawful conduct is alleged.
Upon a motion of the individual accused, the court shall delay the beginning of the trial
for not more than 30 days to permit the hearing to take place. (c) No woman upon whom an abortion
is performed or attempted to be performed shall...
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31-2A-11
Section 31-2A-11 (Article 11.) Place of confinement; reports and receiving of prisoners. (a)
If a person subject to this code is confined before, during, or after trial, confinement shall
be in a civilian or military confinement facility. (b) No person authorized to receive prisoners
pursuant to subsection (a) may refuse to receive or keep any prisoner committed to the person's
charge by a commissioned officer of the state military forces, when the committing officer
furnishes a statement, signed by such officer, of the offense charged against the prisoner,
unless otherwise authorized by law. (c) Every person authorized to receive prisoners pursuant
to subsection (a) to whose charge a prisoner is committed, within 24 hours after that commitment
or as soon as the person is relieved from guard, shall report to the commanding officer of
the prisoner the name of the prisoner, the offense charged against the prisoner, and the name
of the person who ordered or authorized the commitment. (Act...
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35-6A-6
Section 35-6A-6 Determination of value of property; appraisal; notice and hearing. (a) Except
as otherwise provided in subsection (b) and subsection (c), if the court determines that the
property that is the subject of a partition action is heirs property, the court shall determine
the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b) If all cotenants have agreed to the value of the property or to another method of valuation,
the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the
cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market
value of the property and send notice to the parties of the value. (d) If the court orders
an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this
state to determine the fair market value of the property assuming...
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37-2-153
Section 37-2-153 Powers. (a) A railroad policeman may exercise the same powers of arrest and
the right to bear firearms that may be exercised by any state, municipal or other police officer
in this state, but only with respect to offenses committed against property owned or in the
possession of the railroad by which he is employed or for any offense committed on such property.
(b) The authority of any person appointed under the provisions of this division to act as
such policeman shall immediately cease whenever such person ceases to be an agent, servant
or employee of the corporation applying for the appointment under this division. (Acts 1911,
No. 77, p. 36; Code 1923, §§9995, 9996, 10000; Code 1940, T. 48, §§217, 219; Acts 1975,
No. 517, §3.)...
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41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice;
power of presiding officer to issue subpoenas, discovery and protective orders; procedure
upon failure of notified party to appear; presentation of evidence and argument; right to
counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance
at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested case,
all parties shall be afforded an opportunity for hearing after reasonable notice in writing
delivered either by personal service as in civil actions or by certified mail, return receipt
requested. However, an agency may provide by rule for the delivery of such notice by other
means, including, where permitted by existing statute, delivery by first class mail, postage
prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice
referred to in this subsection shall constitute commencement of the contested...
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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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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An
offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (c) The following offenses are ineligible for consideration for
the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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