SB70INTRODUCED
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HJRS88-1
By Senator Jones (N & P)
RFD: Local Legislation
First Read: 21-Mar-23
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5 HJRS88-1 02/13/2023 JC (L) tgw 2023-392
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A BILL
TO BE ENTITLED
AN ACT
Relating to Etowah County; to provide that the
director and employees of The Etowah County Punishment and
Corrections Authority have arrest powers and may make arrests
in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Director of The Etowah County
Punishment and Corrections Authority and employees of the
authority shall be considered law enforcement officers of this
state with power to make arrests and serve arrest and search
warrants while performing their official duties to the same
extent as deputy sheriffs are authorized in their counties as
long as they hold current certification from the Alabama Peace
Officers' Standards and Training Commission. The powers of
arrest under this section shall be limited to investigations
and arrests of criminal acts committed at the authority's
program facilities and acts committed by persons under the
authority's supervision that are a violation of supervision or
are a criminal offense.
(b) The authority director or corrections employee with law
enforcement authority may arrest any person under his or her
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supervision without a warrant if he or she has probable cause
to believe the person has committed a criminal offense or
violated the conditions of supervision. In case of a
warrantless arrest, the director or employee shall prepare a
written warrant stating that the offender, in his or her
judgment, has committed a criminal offense or violated a
condition of supervision, and the warrant shall suffice to
immediately bring the offender before the court to determine
probable cause for the act described in the warrant. The court
may order detention of the offender pending further hearing,
after which the court may revoke probation or participation in
the authority's community corrections program, or both,
pursuant to subdivision (d)(3) of Section 15-18-175, Code of
Alabama 1975.
(c) The director and employees of the authority given
powers of arrest by this section shall be required to comply
with the minimum standards for state law enforcement officers
as certified by the Alabama Peace Officers' Standards and
Training Commission.
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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