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31-2A-71
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence
of the court-martial extends to dismissal or bad-conduct discharge and if the right of the
accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61
(Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may
not be executed until there is a final judgment as to the legality of the proceedings. A judgment
as to the legality of the proceedings is final in such cases when review is completed by an
appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law
of the State of Alabama. (b) If the sentence of the court-martial extends to dismissal or
bad conduct discharge and if the right of the accused to appellate review is waived, or an
appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending
to dismissal or a bad-conduct discharge may not be executed until...
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31-2A-76a
Section 31-2A-76a (Article 76a.) Leave required to be taken pending review of certain court-martial
convictions. Under rules prescribed, an accused who has been sentenced by a court-martial
may be required to take leave pending completion of action under this article if the sentence,
as approved under Section 31-2A-60 (Article 60), includes an unsuspended dismissal or an unsuspended
dishonorable or bad-conduct discharge. The accused may be required to begin such leave on
the date on which the sentence is approved under Section 31-2A-60 (Article 60) or at any time
after such date, and such leave may be continued until the date on which action under this
article is completed or may be terminated at any earlier time. (Act 2012-334, p. 790, §1.)...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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31-2A-58b
Section 31-2A-58b (Article 58b.) Sentences: Forfeiture of pay and allowances during confinement.
(a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture
of pay, or of pay and allowances, due that member during any period of confinement or parole.
The forfeiture pursuant to this article shall take effect on the date determined under Section
31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. The pay and allowances
forfeited, in the case of a general court-martial, shall be all pay and allowances due that
member during such period and, in the case of a special court-martial, shall be two-thirds
of all pay due that member during such period. (2) A sentence covered by this article is any
sentence that includes either of the following: a. Confinement for more than six months. b.
Confinement for six months or less and a bad-conduct discharge or dismissal. (b) In a case
involving an accused who has dependents, the convening...
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31-2A-75
Section 31-2A-75 (Article 75.) Restoration. (a) Under such regulations as may be prescribed,
all rights, privileges, and property affected by an executed part of a court-martial sentence
which has been set aside or disapproved, except an executed dismissal or discharge, shall
be restored unless a new trial or rehearing is ordered and such executed part is included
in a sentence imposed upon the new trial or rehearing. (b) If a previously executed sentence
of or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor
a form of discharge authorized for administrative issuance unless the accused is to serve
out the remainder of the accused's enlistment. (Act 2012-334, p. 790, §1.)...
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31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to
this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable
by this code under such limitations as the Governor may prescribe. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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31-2A-72
Section 31-2A-72 (Article 72.) Vacation of suspension. (a) Before the vacation of the suspension
of a special court-martial sentence, which as approved includes a bad-conduct discharge, or
of any general court-martial sentence, the officer having special court-martial jurisdiction
over the probationer shall hold a hearing on an alleged violation of probation. The probationer
shall be represented at the hearing by military counsel if the probationer so desires. (b)
The record of the hearing and the recommendation of the officer having special court-martial
jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction
over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence,
except a dismissal, shall be executed, subject to applicable restrictions in this code. (c)
The suspension of any other sentence may be vacated by any authority competent to convene,
for the command in which the accused is serving or...
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31-2A-58a
Section 31-2A-58a (Article 58a.) Sentences: Reduction in enlisted grade upon approval. (a)
A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the
convening authority, that includes either a bad-conduct discharge or confinement reduces that
member to pay grade E-1, effective on the date of that approval. (b) If the sentence of a
member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as
finally approved, does not include any punishment named in subsection (a), the rights and
privileges of which the person was deprived because of that reduction shall be restored, including
pay and allowances. (Act 2012-334, p. 790, §1.)...
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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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