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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of
probation; sanctions. (a) The period of probation or suspension of execution of sentence shall
be determined by the court and shall not be waived by the defendant, and the period of probation
or suspension may be continued, extended, or terminated. However, except as provided in Section
32-5A-191 relating to ignition interlock requirements, in no case shall the maximum
probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum
probation period of a defendant guilty of a felony exceed five years, except as provided in
Section 13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled,
the court shall, by order duly entered on its minutes, discharge the defendant. (b) The court
granting probation, upon the recommendation of the officer supervising the probationer, may
terminate all authority and supervision over the probationer prior to the...
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15-22-32
Section 15-22-32 Parole court; hearing officers; sanctions; delegation of authority.
(a) Whenever there is reasonable cause to believe that a prisoner who has been paroled has
violated his or her parole, the Board of Pardons and Paroles, at its next meeting, may declare
the prisoner to be delinquent, and time owed shall date from the delinquency. The Department
of Corrections, after receiving notice from the sheriff of the county jail where the state
prisoner is being held, shall promptly notify the board of the return of a paroled prisoner
charged with violation of his or her parole. Thereupon, the board, a single member of the
board, a parole revocation hearing officer, or a designated parole officer shall hold a parole
court at the prison or at another place as it may determine within 20 business days and consider
the case of the parole violator, who shall be given an opportunity to appear personally or
by counsel before the board or the parole court and produce witnesses and...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and
place a defendant on probation for varying periods of time, not to exceed two years. (b) The
court may require such investigations as may be deemed necessary and desirable to be made
by a probation officer or such other suitable person or persons as the court may designate
as to the circumstances of the offense and the criminal record, social history and present
condition of the defendant. (c) The court may suspend the execution of sentence and continue
the defendant under an existing bond or may require such additional bail as it deems necessary
pending the disposition of the application for probation. (d) The court shall determine and
may, at any time, modify the conditions of probation and may require the probationer to comply
with the following or any other conditions: (1) To avoid injurious or vicious habits; (2)
To avoid persons or places of disreputable or harmful character; (3) To report to...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section
32-5A-191, the term, "ignition interlock device" means a constant monitoring
device that prevents a motor vehicle from being started at any time without first determining
the equivalent blood alcohol level of the operator through the taking of a breath sample for
testing. The system shall be calibrated so that the motor vehicle may not be started if the
blood alcohol level of the operator, as measured by the test, reaches a blood alcohol concentration
level of 0.02. (b) The ignition interlock device shall be installed, calibrated, and monitored
directly by trained technicians who shall train the offender for whom the device is being
installed in the proper use of the device. The use of a mail in or remote calibration system
where the technician is not in the immediate proximity of the vehicle being calibrated is
prohibited. The Department of Forensic Sciences shall promulgate rules for punishment and
appeal for...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence
of alcohol, controlled substances, etc. (a) A person shall not drive or be in actual physical
control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his
or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled
substance to a degree which renders him or her incapable of safely driving; (4) Under the
combined influence of alcohol and a controlled substance to a degree which renders him or
her incapable of safely driving; or (5) Under the influence of any substance which impairs
the mental or physical faculties of such person to a degree which renders him or her incapable
of safely driving. (b) A person who is under the age of 21 years shall not drive or be in
actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol
in his or her blood. The Alabama State Law Enforcement Agency shall suspend or revoke the...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into
law and entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts for cooperative efforts and mutual assistance in the...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond.
If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due
notice and hearing, that the defendant has violated the terms of any such order of support
or the terms of any such probation bond, said judge may forthwith, or after further probation,
make and enter an order setting aside such suspension of said judgment and sentence, and may
issue a warrant for the arrest of such defendant, and may, upon such arrest, commit him to
jail or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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15-18-70
Section 15-18-70 Method of payment of restitution; payment as condition of sentence
suspension or probation. When a defendant is sentenced or ordered to make restitution, the
court may order payment to be made forthwith to be paid to the circuit clerk as other fines
and costs are made. The court may also order restitution to be made within a specified period
of time or in specified installments to the circuit clerk as a condition of suspension of
execution of sentence or as a condition of probation. (Acts 1980, No. 80-588, p. 928, ยง6.)...
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15-19-6
Section 15-19-6 Disposition upon adjudication. (a) If a person is adjudged a youthful
offender and the underlying charge is a felony, the court shall: (1) Suspend the imposition
or execution of sentence with or without probation; (2) Place the defendant on probation for
a period not to exceed three years; (3) Impose a fine as provided by law for the offense with
or without probation or commitment; (4) Commit the defendant to the custody of the Board of
Corrections for a term of three years or a lesser term. (b) Where a sentence of fine is not
otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized
in this section, the court may impose a fine of not more than $1,000. In imposing a
fine the court may authorize its payment in installments. (c) In placing a defendant on probation,
the court shall direct that he be placed under the supervision of the appropriate probation
agency. (d) If the underlying charge is a misdemeanor, a person adjudged a...
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