Code of Alabama - Title 45: Local Laws - Section 45-49-235.11 - Revocation of release - Probable cause of felony or misdemeanor

Section 45-49-235.11 - Revocation of release - Probable cause of felony or misdemeanor.

(a) A person who has been conditionally released pursuant to this part and as to whom there is probable cause to believe has committed a felony or misdemeanor while released, shall be subject to the revocation of his or her release.

(b) Proceedings for revocation of release for the grounds stated in this section, may be initiated by any person responsible for administering this part after notice to the district attorney. After the district attorney has received such notice, a warrant for the arrest of a person who is charged with violating the conditions of release under this section, may be issued by any 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 warrant shall be brought before a judicial officer. No order of revocation shall be entered unless, after a hearing, the judicial officer finds by clear and convincing evidence that: (1) 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 (2) such felony or misdemeanor was committed while the person was released under this part on the prior charge.

(Act 91-647, p. 1219, § 12.)

Last modified: May 3, 2021