Ala. Code § 15-22-54 (1975) Period of Probation; Termination of Probation; Violation of Terms of Probation; Sanctions

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 15-22-54 (1975)

(a) The period of probation or suspension of execution ofsentence shall be determined by the court and may not be waived bythe defendant. The period of probation or suspension may becontinued, extended, or terminated as determined by the court.Except as provided in Section 32-5A-191, relating to ignitioninterlock requirements, the maximum probation period of a defendantguilty of a misdemeanor may not exceed two years, nor shall themaximum probation period of a defendant guilty of a felony exceedfive years, except as provided in Section 13A-8-2.1. When theconditions of probation or suspension of sentence are fulfilled,the court, by an order duly entered on its minutes, shall dischargethe defendant.

(b) The court granting probation, upon the recommendation of theofficer supervising the probationer, may terminate all authorityand supervision over the probationer prior to the declared date ofcompletion of probation upon showing a continued satisfactorycompliance with the conditions of probation over a sufficientportion of the period of the probation. At least every two years,and after providing notice to the district attorney, the courtshall review the probationer's suitability for discharge fromprobation supervision if the probationer has satisfied allfinancial obligations owed to the court, including restitution, andhas not had his or her supervision revoked.

(c) At any time during the period of probation or suspension ofexecution of sentence, the court may issue a warrant and have thedefendant arrested for violating any of the conditions of probationor suspension of sentence, and the court shall hold a violationhearing. No probationer shall be held in jail awaiting theviolation hearing for longer than 20 business days, unless newcriminal charges are pending. If the hearing is not held within thespecified time, the sheriff shall release the probation violatorunless there are other pending criminal charges. A judge may issuea bond to a probationer for release from custody.

(d) Except as provided in Chapter 15 of Title 12, any probationofficer, police officer, or other officer with power of arrest,when requested by the probation officer, may arrest a probationerwithout a warrant. When an arrest is made without a warrant, thearresting officer shall have a written statement by the probationofficer setting forth that the probationer has, in his or herjudgment, violated the conditions of probation, and the statementshall be sufficient warrant for the detention of the probationer inthe county jail or other appropriate place of detention until theprobationer is brought before the court. The probation officershall report the arrest and detention to the court and submit inwriting a report showing in what manner the probationer hasviolated probation.