Code of Alabama

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31-2A-58
Section 31-2A-58 (Article 58.) Execution of confinement. (a) A sentence of confinement adjudged
by a court-martial, whether or not the sentence includes discharge or dismissal, and whether
or not the discharge or dismissal has been executed, may be carried into execution by confinement
in any place authorized by this code. Persons so confined are subject to the same discipline
and treatment as persons regularly confined or committed to that place of confinement. (b)
The omission of hard labor as a sentence authorized under this code does not deprive the state
confinement facility from employing it, if it otherwise is within the authority of that facility
to do so. (c) No place of confinement may require payment of any fee or charge for so receiving
or confining a person except as otherwise provided by law. (Act 2012-334, p. 790, §1.)...

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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accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61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appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending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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15-24-2
Section 15-24-2 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction
over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against
state laws. (3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general
intellectual functioning resulting in or associated with concurrent impairments in adaptive
behavior and manifested during the developmental period, as measured by appropriate standardized
testing instruments. (Acts 1985, No. 85-652, p. 1020, §2.)...
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31-2A-98
Section 31-2A-98 (Article 98.) Noncompliance with procedural rules. Any person subject to this
code who does either of the following shall be punished as a court-martial may direct: (1)
Is responsible for unnecessary delay in the disposition of any case of a person accused of
an offense under this code. (2) Knowingly and intentionally fails to enforce or comply with
any provision of this code regulating the proceedings before, during, or after trial of an
accused. (Act 2012-334, §1.)...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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31-2A-50
Section 31-2A-50 (Article 50.) Admissibility of records of courts of inquiry. (a) In any case
not extending to the dismissal of a commissioned officer, the sworn testimony, contained in
the duly authenticated record of proceedings of a court of inquiry, of a person whose oral
testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be
read in evidence by any party before a court-martial if the accused was a party before the
court of inquiry and if the same issue was involved or if the accused consents to the introduction
of such evidence. (b) Such testimony may be read in evidence only by the defense in cases
extending to the dismissal of a commissioned officer. (c) Such testimony may also be read
in evidence before a court of inquiry. (Act 2012-334, p. 790, §1.)...
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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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31-2A-3
Section 31-2A-3 (Article 3.) Jurisdiction to try certain personnel. (a) Each person discharged
from the state military forces who is later charged with having fraudulently obtained a discharge
is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial on that charge
and is, after apprehension, subject to this code while in custody under the direction of the
state military forces for that trial. Upon conviction of that charge, the person is subject
to trial by court-martial for all offenses under this code committed before the fraudulent
discharge. (b) No person who has deserted from the state military forces may be relieved from
amenability to the jurisdiction of this code by virtue of a separation from any later period
of service. (Act 2012-334, p. 790, §1.)...
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34-24-294
Section 34-24-294 Injunctive proceedings. (a) The Board of Medical Examiners may, in the name
of the people of the State of Alabama and through the Attorney General of the State of Alabama,
or district attorney under the supervision of the Attorney General, apply for an injunction
in any court of competent jurisdiction to enjoin any person from committing any act prohibited
by the board or by the provisions of this article. (b) If it is established that any person
has been or is committing any act prohibited by the board or by any provision of this article,
the court or any judge shall enter a judgment perpetually enjoining the person from further
committing the act. (c) In case of violation of any injunction issued under the provisions
of this section, the court or any judge thereof may summarily try and punish the offender
for contempt of court. (d) Such injunctive proceedings shall be in addition to and not in
lieu of all penalties and other remedies provided in this article. (Acts...
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22-52-35
Section 22-52-35 Appointment of special probate judges for consideration, hearing and entry
of orders pertaining to commitment or continued custody of certain persons committed or transferred
to facilities of Department of Mental Health; qualifications, powers, etc., of special probate
judges; conduct of hearings by special probate judges generally. (a) Upon application of the
commissioner or his designee, the Governor may appoint one or more special judges of probate
for the purpose of considering, hearing and entering appropriate orders with regard to the
commitment or continued custody of such persons who have been committed by any court of this
state to any facility pursuant to the provisions of Sections 15-16-24 and 15-16-40, accused
of a crime but not yet tried, or transferred to such facility on order of the Governor, pursuant
to the provisions of Article 4 of this chapter. (b) A special judge of probate appointed under
the provisions of this article shall be vested with all...
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