§ 45-45-233.30 — Revocation of Release - Violation of Condition of Release

Alabama § 45-45-233.30

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 45: Madison County
• Art. 23: Sheriff
• Part 4: Jails
• Subpart 2: Work and Pretrial Release

Text

(a) A person who has been conditionally released pursuant to Section 45-45-233.28 and who has violated a condition of release, shall be subject to revocation of release and, in addition, may be prosecuted for contempt of court.
(b) Proceedings for revocation of release may be initiated upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible for administering this subpart, to the district attorney. A warrant for the arrest of a person charged with violating a condition of release may be issued by an officer authorized to issue warrants, on the affidavit of the district attorney or any assistant district attorney, or on the affidavit of any person responsible for administering this subpart. The person arrested under such a warrant shall be brought before a judicial officer in the county. No order of revocation shall be entered unless, after hearing, the judicial officer finds that there is clear and convincing evidence that the person has violated a condition of his or her release due to inattention, negligence, or by act of will.
(c) Contempt sanctions may be imposed upon a hearing and in accordance with procedures applicable to criminal contempt, if it is established that the person violated a condition of his or her release. The contempt proceedings shall be expedited and heard by the court without a jury. A person found guilty of contempt for violation of a condition of release shall be imprisoned for not more than six months, or fined not more than one thousand dollars ($1,000), or both.

Legislative History

(Acts 1978, No. 488, p. 530, § 11.)