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30-4-60
Section 30-4-60 Suspension of sentence after portion served. The judge of the juvenile court
may, after a part of such sentence has been served, also release the defendant from such sentence
to jail or hard labor and suspend the remaining part thereof, and may make such order of support
and release the defendant on probation subject to the same terms and conditions as provided
for the probation of defendants not serving such sentence. (Acts 1919, No. 181, p. 176; Code
1923, §4489; Code 1940, T. 34, §99.)...
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15-13-115
Section 15-13-115 Obligation of sureties in probation cases. The obligation of sureties is
continued beyond the finding of a guilty verdict by the judge or by a jury in cases where
the maximum sentence, set out by law, does not exceed 10 years and where the court desires
to continue the case for a probation hearing so long as the court has not announced the sentence
to be imposed or sentenced the defendant in any form as set out by law. In such cases, the
obligation of the sureties is continued until there has been a determination and order by
the court of denying or granting probation. In cases where the maximum sentence as set out
by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue
their obligation on such bail beyond the findings or rendering of the verdict but such an
agreement shall be entered on the docket or case summary sheet and the surety shall execute
their name or names by the entry. (Acts 1993, No. 93-677, p. 1259, §16.)...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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14-9-41
Section 14-9-41 Computation of incentive time deductions. (a) Each prisoner who shall hereafter
be convicted of any offense against the laws of the State of Alabama and is confined, in execution
of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for
the county or in any municipal jail for a definite or indeterminate term, other than for life,
whose record of conduct shows that he or she has faithfully observed the rules for a period
of time to be specified by this article may be entitled to earn a deduction from the term
of his or her sentence as follows: (1) Seventy-five days for each 30 days actually served
while the prisoner is classified as a Class I prisoner. (2) Forty days for each 30 days actually
served while the prisoner is a Class II prisoner. (3) Twenty days for each 30 days actually
served while the prisoner is a Class III prisoner. (4) No good time shall accrue during the
period the prisoner is classified as a Class IV prisoner. (b)...
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12-22-173
Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases
where there is judgment staying sentence, at any time before the record on appeal has been
forwarded to the clerk of the appellate court, the defendant, in person or by his attorney,
may waive the benefit of the stayed sentence by filing in the office of the clerk of the court
in which the case was tried a statement in writing to that effect, signed by himself or his
attorney of record. The clerk must then enter the fact and date of such waiver of stay of
sentence upon the margin of the record of the judgment and shall report said convict to the
board of corrections as in cases where there is no judgment or stay of sentence, but such
waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)...
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32-5-316
Section 32-5-316 Courts may prohibit operation of motor vehicles by persons convicted of violation
of automobile laws. Whenever a defendant is convicted by any court of competent jurisdiction
of operating a motor vehicle in violation of any criminal statute or ordinance, the court
trying the case, in its discretion, may, in addition to the other punishment fixed by law,
enter an order forbidding such person to drive a motor vehicle upon any street or highway
in the State of Alabama for a period to be specified by the court, or perpetually, as the
court may determine. Any person driving a motor vehicle in violation of such an order of court
shall be guilty of a misdemeanor. Any defendant against whom such an order has been entered
shall have the same right of appeal and supersedeas as is now granted him or her with reference
to the sentence of the court imposing punishment fixed by law, and the appellate court shall
have the right to modify or annul the order forbidding the operation by...
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12-25-36
Section 12-25-36 Sentencing under the voluntary truth-in-sentencing standards. This section
and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval
of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based
on the voluntary truth-in-sentencing standards, all of the following rules shall apply: (1)
Sentences imposed based on voluntary truth-in-sentencing standards pursuant to this article
shall not be subject to any other provision of law concerning the duration of sentence. (2)
Sentences imposed based on the voluntary truth-in-sentencing standards shall include both
a minimum and an extended term of sentence including a period of post-release supervision.
The minimum sentence and the extended sentence shall be specified in the judgment of the court
for those sentences that are imposed in compliance with the voluntary truth-in-sentencing
standards. Sentence dispositions may include active incarceration,...
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12-25-38
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail to comply
with the conditions of post-release supervision as specified by the Board of Pardons and Paroles
may have their release status revoked. (b) At any time during the period of post-release supervision,
the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested
for violating any of the conditions of post-release supervision. (c) Any probation officer,
police officer, or other officer with power of arrest, when requested by the probation officer
or other supervising officer, may arrest an offender under post-release supervision without
a warrant. To arrest the offender without a warrant, the arresting officer shall have a written
statement by the probation officer or other supervising officer declaring that the offender
under post-release supervision, in his or her judgment, has violated the conditions of post-release
supervision. The statement shall be...
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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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