§ 45-49-235.10 — Revocation of Release - Violations of Conditions

Alabama § 45-49-235.10

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49: Mobile County
• Art. 23: Sheriff
• Part 6: Work Release

Text

(a) A person who has been conditionally released pursuant to this part and who has violated a condition of release, shall be subject to revocation of the release and, in addition, may be prosecuted for contempt of court.
(b) Proceedings for revocation of release may be initiated upon notice to the district attorney by the warrant magistrate, assistant warrant magistrate, or any other person responsible for administering this part. 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, upon the affidavit of the district attorney or any assistant district attorney, or upon the affidavit of any person responsible for administering this part. The person arrested under such a warrant shall be brought before a judicial officer. No order of revocation shall be entered unless, after the 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 if, upon a hearing and in accordance with procedures applicable to criminal contempt, 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

(Act 91-647, p. 1219, § 11.)