§ 45-35-232.30 — Revocation of Release - Probable Cause of Felony or Misdemeanor

Alabama § 45-35-232.30

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 35: Houston County
• Art. 23: Sheriff
• Part 3: Jails
• Subpart 2: Work Release

Text

(a) A person who has been conditionally released pursuant to this subpart shall be subject to revocation of release if there is probable cause to believe he or she has committed a felony or misdemeanor while released.
b) A proceeding for revocation of release pursuant to this section, shall be initiated by any person responsible for administering this subpart giving notice to the district attorney. When the district attorney receives a notice, a warrant for the arrest of a person who is charged with violating the conditions of release pursuant to this section shall be issued by any officer authorized to issue warrants on the affidavit of the district attorney, any assistant district attorney, or any person responsible for administering this subpart. The person arrested under a warrant pursuant to this section shall be brought before a judicial officer in the county. An order of revocation shall not be entered unless, after a hearing, the judicial officer finds by clear and convincing evidence that: A state or federal magistrate, judge, or judicial officer, or grand jury has found probable cause to believe that the person has committed a felony or misdemeanor, and the act on which the felony or misdemeanor is based was committed while the person was released under this subpart.

Legislative History

(Act 93-693, p. 1324, §11.)