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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15-23-60
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 counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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31-2A-90
Section 31-2A-90 (Article 90.) Assaulting or willfully disobeying superior commissioned officer.
Any person subject to this code who does either of the following shall be punished as a court-martial
may direct. (1) Strikes his or her superior commissioned officer or draws or lifts up any
weapon or offers any violence against him or her while he or she is in the execution of his
or her office. (2) Willfully disobeys a lawful command of his or her superior commissioned
officer. (Act 2012-334, §1.)...
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13A-3-27
Section 13A-3-27 Use of force in making an arrest or preventing an escape. (a) A peace officer
is justified in using that degree of physical force which he reasonably believes to be necessary,
upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of
a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor,
violation or violation of a criminal ordinance, unless the peace officer knows that the arrest
is unauthorized; or (2) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while making or attempting to make an arrest
for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or
attempting to prevent an escape from custody of a person who has been legally arrested for
a misdemeanor, violation or violation of a criminal ordinance. (b) A peace officer is justified
in using deadly physical force upon another person when...
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31-2A-95
Section 31-2A-95 (Article 95.) Resistance, flight, breach of arrest, and escape. Any person
subject to this code who does any of the following shall be punished as a court-martial may
direct: (1) Resists apprehension. (2) Flees from apprehension. (3) Breaks arrest. (4) Escapes
from custody or confinement. (Act 2012-334, §1.)...
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12-15-142
Section 12-15-142 Modification, extension, or termination of order after notice and hearing
for person subject thereto; findings required concerning best interests of the child subject
to a juvenile court proceeding. After notice and opportunity for a hearing afforded to a person
subject to a protection or restraint order, the order may be modified or extended for a further
specified period, or both, or may be terminated if the juvenile court finds that the best
interests of the child subject to a juvenile court proceeding will be served thereby. (Acts
1991, No. 91-661, p. 1265, §5; §12-15-154; amended and renumbered by Act 2008-277, p. 441,
§9.)...
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12-15-140
Section 12-15-140 Content of order; order may set forth reasonable conditions of behavior for
parents, persons responsible for care; enumeration of certain specific requirements which
may be included in order. (a) The protection or restraint order may set forth reasonable conditions
of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or
other person legally responsible for the care of the child subject to a juvenile court proceeding,
or the spouse of the parent, or spouse of any other person legally responsible for the care
of the child, or relatives of any of the above, or residents of the home of the child, or
any other person. (b) The protection or restraint order, among other things, may require any
person or persons to do any of the following: (1) Stay away from the home in which the child
subject to a juvenile court proceeding resides, the family or the child. (2) Vacate the home
in which the child subject to a juvenile court proceeding...
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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another
person. Factors to be considered in determining an implied threat include, but are not limited
to, the respective ages and sizes of the victim and the accused; the respective mental and
physical conditions of the victim and the accused; the atmosphere and physical setting in
which the incident was alleged to have taken place; the extent to which the accused may have
been in a position of authority, domination, or custodial control over the victim; or whether
the victim was under duress. Forcible compulsion does not require proof of resistance by the
victim. (2) INCAPACITATED. The term includes any of the following: a. A person who suffers
from a mental or developmental disease or disability which renders the person...
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15-9-37
Section 15-9-37 Authority of arresting officer to command assistance; refusal to assist arresting
officer. Every officer or other person empowered to make an arrest pursuant to a warrant issued
under this division shall have the same authority in arresting an accused to command assistance
therein as sheriffs and other officers have by law in the execution of any criminal process
directed to them, with like penalties against those who refuse their assistance. (Acts 1931,
No. 482, p. 559; Code 1940, T. 15, §56.)...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child.
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor
or child, pending final hearing upon a petition for mental commitment of the minor or child
in the custody of any person, department, or agency other than his or her parent, legal guardian,
or legal custodian, the juvenile court at the time the confinement is ordered shall set the
matter for a hearing within seven days to determine if probable cause exists that the minor
or child should be committed. At the probable cause hearing, the juvenile court shall determine
if it is necessary to continue the restraint or confinement pending the final hearing. (b)
Upon a finding of probable cause that the minor or child should be committed, the juvenile
court shall enter an order so stating and setting the date, time, and place of the hearing
on the merits of the petition. (c) The final hearing shall be held on the...
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