31-2A-43
the running of any statute of limitations applicable to any offense under this code is suspended
until two years after the termination of hostilities as proclaimed by the President or by
a joint resolution of Congress if the offense: (1) Involves fraud or attempted fraud against
the United States, any state, or any agency of either in any manner, whether by conspiracy
or not. (2) Is committed in connection with the acquisition, care, handling, custody, control,
or disposition of any real or personal property of the United States or any state.
(3) Is committed in connection with the negotiation, procurement, award, performance, payment,
interim financing, cancellation, or other termination or settlement, of any contract, subcontract,
or purchase order which is connected with or related to the prosecution of the war, or with
any disposition of termination inventory by any war contractor or government agency. (e)(1)
If charges or specifications are dismissed as defective or insufficient...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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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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15-13-144
Section 15-13-144 Notice to prosecutor. Prior to the hearing, the judicial officer shall have
the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit
of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose,
or the prosecuting officer of the municipal court in municipal court cases, that a person
seeks to be released on judicial public bail and notice shall stipulate the time of the hearing.
No person shall be released on judicial public bail unless notice is given. Upon receipt of
the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled
to be heard at the hearing on the merits of the conditions of release, and the hearing shall
be at a time, date, and place certain wherein all parties shall appear and proceedings shall
be a matter of record. Nothing contained in this chapter shall be construed as granting or
affording the defendant an absolute right to be released on...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally;
powers of juvenile probation officers as to taking into custody and placing in shelter or
detention care of children generally; procedure upon taking into custody of child by juvenile
probation officer generally. (a) For the purpose of carrying out the objectives and purposes
of this chapter and subject to the limitations of this chapter or imposed by the juvenile
court, a juvenile probation officer shall perform the following duties: (1) Make investigations,
reports, and recommendations to the juvenile court. (2) Serve as a juvenile court intake officer
when designated by the juvenile court judge. (3) Supervise and assist a child placed on probation
or aftercare by order of the juvenile court or other authority of law until the terms of probation
or aftercare expire or are otherwise terminated. (4) Make appropriate referrals to other private
or public departments or agencies of the...
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12-15-204
of 16 years at the time of the conduct charged and who is charged with the commission of any
act or conduct, which if committed by an adult would constitute any of the following, shall
not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried
as an adult: (1) A capital offense. (2) A Class A felony. (3) A felony which has as an element
thereof the use of a deadly weapon. (4) A felony which has as an element thereof the causing
of death or serious physical injury. (5) A felony which has as an element thereof the
use of a dangerous instrument against any person who is one of the following: a. A law enforcement
officer or official. b. A correctional officer or official. c. A parole or probation officer
or official. d. A juvenile court probation officer or official. e. A district attorney or
other prosecuting officer or official. f. A judge or judicial official. g. A court officer
or official. h. A person who is a grand juror, juror, or witness in any...
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31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial
in the state military forces are: (1) General courts-martial, consisting of either of the
following: a. A military judge and not less than five members. b. Only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge approves. (2) Special courts-martial,
consisting of either of the following: a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the
same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary
courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, §1.)...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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12-15-214
Section 12-15-214 Ordering and preparation of study and written report concerning child; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child in issue. The juvenile court may direct
that a juvenile probation officer conduct a study and submit a written report to the juvenile
court with recommendations concerning a child, his or her family, his or her environment,
and other matters relevant to the need for treatment or disposition of the case. The recommendations
may indicate that the child needs further mental health evaluation, especially, in some cases,
for the purpose of determining whether the child is competent to stand trial. The recommendations
may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69;...
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