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15-13-147
Section 15-13-147 Determination of conditions of release. In determining the restrictions and
conditions of release that will assure the appearance of a person as required, and safety
of any other person or the community, the judicial officer shall, on the basis of available
information, take into account such matters as the nature and circumstances of the offense
charged, the weight of the evidence against the person, family ties, employment, financial
resources, character and mental condition, past conduct, length of residence in the community,
record of convictions, and any record of appearance at court proceedings or failure to appear
at court proceedings as well as any objection or recommendation of the district attorney or
prosecutor. (Acts 1993, No. 93-677, p. 1259, ยง48.)...
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22-52-34
Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain persons
in custody of Department of Mental Health. (a) Where any person is in the custody of the Department
of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner
shall direct the superintendent of Bryce or Searcy Hospital or any other facility so designated
by the commissioner to reevaluate the mental condition of such person for a determination
as to whether or not he or she meets the minimum standards for civil commitment as defined
in Section 22-52-37. Where the sentence for which said person was committed has expired and
where said person meets the minimum standards for involuntary civil commitment, the commissioner
or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile
Counties or any judge of probate where such facility exists for an order of civil commitment
to the Department of Mental Health. All of the subsequent...
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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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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-25.htm - 5K - Match Info - Similar pages
45-2-84.10
Section 45-2-84.10 Payment of portion of earnings; payroll deduction. Any person released from
jail or the custody of the Department of Corrections pursuant to this part or sentenced under
the provisions of this part may be ordered to pay into the Baldwin County Community Corrections
Fund a sum in an amount to be determined by the Baldwin County Pretrial Release and Community
Corrections Board, but not less than an amount equal to 20 percent of his or her gross earnings
earned while released from jail or the custody of the Department of Corrections. The court
having jurisdiction of the case, as a condition to releasing a defendant or granting a suspended
sentence pursuant to the terms of this part, may require that the defendant establish a payroll
deduction for the payment of any sums due pursuant to this part or that the employer pay the
wages of the defendant directly to the Baldwin County Community Corrections Fund. All sums
collected, whether by payroll deduction or otherwise,...
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45-49-170.22
Section 45-49-170.22 Investigations; impounding; judicial determination. (a) An animal control
officer or law enforcement officer of Mobile County shall investigate any incidents involving
any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County.
(b) If a dog, which is unowned and has been reported to be dangerous, bites a person, the
dog may be quarantined and destroyed pursuant to subsection of Section 3-7A-9. For purposes
of this subsection, bites means the same as has been exposed as defined in subdivision (5)
of Section 3-7A-1. (c) If there is probable cause to believe that an owned dog is dangerous
or a nuisance and has caused serious physical injury or has caused damage to real or personal
property, the law enforcement officer or animal control officer shall impound the dog pending
disposition of a petition to declare a dog to be dangerous or a nuisance. The county may impound
the dog at the county pound as described in Section 3-7A-7, or may...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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13A-6-134
Section 13A-6-134 Arrest without warrant - Determination of predominant aggressor; notice requirements;
liability of officer. (a) If a law enforcement officer receives complaints of domestic violence
from two or more opposing persons, or if both parties have injuries, the officer shall evaluate
each complaint separately to determine who was the predominant aggressor. If the officer determines
that one person was the predominant physical aggressor, that person may be arrested; however,
a person who acts in a reasonable manner to protect himself or herself or another family or
household member from domestic violence may not be arrested for a violation of Section 13A-6-130,
13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor,
the officer shall consider all of the following: (1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on each person, including whether the
injuries are offensive versus defensive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-134.htm - 3K - Match Info - Similar pages
15-22-25
Section 15-22-25 Investigation and report on sentenced prisoner's social and criminal records.
(a) As to each prisoner sentenced and received in the jails and prisons of the State of Alabama,
it shall be the duty of the Board of Pardons and Paroles, while the case is still recent,
to cause to be obtained and filed information as complete as may be obtainable at that time
with regard to each such prisoner. Such information shall include a complete statement of
the crime for which he is then sentenced, the circumstances of such crime, the nature of his
sentence, the court in which he was sentenced, the name of the judge and district attorney
and copies of such probation reports as may have been made as well as reports as to the prisoner's
social, physical, mental and psychiatric condition and history. It shall be the duty of the
clerk of the court and of all probation officers and other appropriate officials to send such
information as may be in their possession or under their control to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-25.htm - 2K - Match Info - Similar pages
15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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