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45-27-84.06
Section 45-27-84.06 Notice; extradition proceeding; waiver. (a) No tribal fugitive shall be
delivered to an agent appointed by the tribe to receive the tribal fugitive until first being
taken before the district court judge, who shall inform the accused tribal fugitive of the
demand for extradition, the crime charged, and of his or her right to request counsel. (b)(1)
If the accused tribal fugitive or his or her counsel state the desire to test the legality
of the arrest, the accused tribal fugitive shall be taken before the district court judge
within 72 hours for an extradition proceeding. (2) The time and place of the extradition proceeding
shall be given by the court conducting the proceeding to the district attorney of the county
and to the Office of the Attorney General of the tribe. (c)(1) A formal extradition proceeding
under this part may be waived if the accused tribal fugitive making the waiver, knowingly,
and in the presence of the district court judge, signs a statement...
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45-27-84.07
Section 45-27-84.07 Determination of accused as tribal fugitive. (a) If the district court
judge determines the accused person is a tribal fugitive, then the tribal fugitive shall be
surrendered to an agent of the tribe. (b) The guilt or innocence of the accused tribal fugitive
may not be inquired into by the district court judge in an extradition proceeding except as
may be necessary to identify the person held as being the tribal fugitive charged of a crime
by the tribe. (Act 2017-351, §8.)...
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45-27-84.02
Section 45-27-84.02 Written request for extradition. (a) No demand for extradition of a tribal
fugitive shall be recognized unless a written request is received by the district attorney.
(b) The written request shall contain all of the following: (1) A sworn statement stating
that the accused tribal fugitive was alleged to be present on the reservation at the time
of the commission of the alleged crime and that the accused tribal fugitive is no longer on
the reservation. (2) A copy of an arrest warrant issued for the accused tribal fugitive. (3)
A copy of the conviction or sentence imposed, if applicable. (4) A sworn statement that the
accused tribal fugitive has broken the terms of bail, probation, or parole, or has been charged
with committing a specific offense under the laws of the tribe. (5) Any waiver of extradition
validly executed as a bond condition or as a term or condition of parole or probation, if
applicable. (6) Any identifying information that may assist law enforcement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.02.htm - 1K - Match Info - Similar pages
45-27-84.04
Section 45-27-84.04 Warrant of arrest. If the district attorney complies with the demand for
extradition, the district attorney shall submit the documents specified in Section 45-27-84.02
to the district court and the district court judge shall issue a warrant of arrest directed
to any law enforcement officer for the arrest of the tribal fugitive. (Act 2017-351, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.04.htm - 679 bytes - Match Info - Similar pages
14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate Corrections
Compact is hereby enacted into law and entered into by the State of Alabama with any and all
states legally joining therein, in accordance with its terms, in the form substantially as
follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states, desiring
by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs
on a basis of cooperation with one another, thereby serving the best interests of such offenders
and of society and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and...
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45-27-84.03
Section 45-27-84.03 Procedures when tribal fugitive under criminal prosecution. If a criminal
prosecution has been instituted under the laws of this state against a person demanded by
the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the
district attorney may either commence extradition or demand that the accused tribal fugitive
be held until tried and discharged or convicted and any punishment served. (Act 2017-351,
§4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.03.htm - 771 bytes - Match Info - Similar pages
45-27-84.08
Section 45-27-84.08 Delivery of tribal fugitive without warrant. Notwithstanding Sections 45-27-84.04
and 45-27-84.07, a law enforcement or corrections agency in the county holding an accused
tribal fugitive may deliver the accused tribal fugitive to the duly accredited agent of the
tribe without the requirement of a warrant if both of the following requirements are met:
(1) The accused tribal fugitive has signed a prior waiver of extradition in the tribal court
of the tribe as a condition of bond, parole, or probation. (2) The law enforcement or corrections
agency holding the accused tribal fugitive has received a copy of the prior waiver of extradition
and any information identifying the accused tribal fugitive as the person who signed the waiver.
(Act 2017-351, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-84.08.htm - 1K - Match Info - Similar pages
9-12-5
Section 9-12-5 Proceedings as to violations of chapter - Hearing; imposition of fine and condemnation
and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc. If
upon the hearing the offense is established, the judge of the district court must fine each
of the offenders as is provided for in the section of this chapter which is violated or as
otherwise provided by law and, if the fine is not paid, must commit him or them to jail and
must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture
and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost
of the proceeding before him to be paid by the accused. If he is not satisfied from the proof
that the accusation is established, he must discharge the accused and release the boat, vessel
or craft and other property seized. (Code 1852, §1124; Code 1867, §1304; Code 1876, §1612;
Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923,...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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