Section 45-27-82.30 – Violations; Waiver.
Section 45-27-82.30 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of […]
Section 45-27-83 – Compensation; Clerks; Reimbursement for Expenses.
Section 45-27-83 Compensation; clerks; reimbursement for expenses. (a) The Judge of Probate of Escambia County shall be compensated on a salary basis which shall be in lieu of all fees and commissions heretofore paid as compensation to such judge. The amount of such salary shall be the same as that paid to the presiding circuit […]
Section 45-27-83.01 – Additional Clerks.
Section 45-27-83.01 Additional clerks. The Judge of Probate of Escambia County is hereby authorized to employ two additional clerks in addition to those provided for by Section 45-27-83, to aid in carrying out the duties of the office at the Atmore Satellite Courthouse. Such clerks shall serve at the pleasure of the judge of probate. […]
Section 45-27-83.02 – Additional Expense Allowance; Salary.
Section 45-27-83.02 Additional expense allowance; salary. (a) Effective October 1, 2021, the Judge of Probate of Escambia County shall receive an additional expense allowance based on the difference in an annual salary of eighty-eight thousand dollars ($88,000) per year and the amount of the annual salary the judge of probate is eligible to receive on […]
Section 45-27-84 – Definitions.
Section 45-27-84 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) COUNTY. Escambia County. (2) DISTRICT ATTORNEY. The District Attorney for the 21st Judicial Circuit. (3) RESERVATION. The reservation of the tribe or any land held in trust for the tribe by the United States of America. (4) […]
Section 45-27-84.01 – Extradition Authorized.
Section 45-27-84.01 Extradition authorized. If a tribal fugitive is found within the county, he or she may be extradited to the tribe as provided for by this part. (Act 2017-351, §2.)
Section 45-27-84.02 – Written Request for Extradition.
Section 45-27-84.02 Written request for extradition. (a) No demand for extradition of a tribal fugitive shall be recognized unless a written request is received by the district attorney. (b) The written request shall contain all of the following: (1) A sworn statement stating that the accused tribal fugitive was alleged to be present on the […]
Section 45-27-84.03 – Procedures When Tribal Fugitive Under Criminal Prosecution.
Section 45-27-84.03 Procedures when tribal fugitive under criminal prosecution. If a criminal prosecution has been instituted under the laws of this state against a person demanded by the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the district attorney may either commence extradition or demand that the accused tribal fugitive […]
Section 45-27-84.04 – Warrant of Arrest.
Section 45-27-84.04 Warrant of arrest. If the district attorney complies with the demand for extradition, the district attorney shall submit the documents specified in Section 45-27-84.02 to the district court and the district court judge shall issue a warrant of arrest directed to any law enforcement officer for the arrest of the tribal fugitive. (Act […]
Section 45-27-84.05 – Investigation, Report, and Recommendation of District Attorney.
Section 45-27-84.05 Investigation, report, and recommendation of district attorney. The district court judge may call upon the district attorney to investigate the demand for extradition, to report the situation and circumstances of the person so demanded, and to recommend whether the person should be surrendered. (Act 2017-351, §6.)