Chapter 31 - Criminal Procedure.
- Article 1 - Issuance of Process and Warrants, 31-1-1 through 31-1-8.
- Section 31-1-1 - Short title.
- Section 31-1-2 - Definitions.
- Section 31-1-3 - Method of prosecution.
- Section 31-1-4 - Criminal actions; docketing action; service; return.
- Section 31-1-5 - Procedures on arrest; reports.
- Section 31-1-6 - Citation in lieu of arrest without a warrant.
- Section 31-1-7 - Arrest without warrant; liability.
- Section 31-1-8 - Identification of minor or dependent children upon arrest; required inquiry; guidelines.
- Article 1A - DNA Evidence, 31-1A-1 through 31-1A-2.
- Article 2 - Fresh Pursuit, 31-2-1 through 31-2-8.
- Section 31-2-1 - Officer of another state entering this state in fresh pursuit; power to arrest and hold fugitive.
- Section 31-2-2 - Arrested person taken before magistrate; hearing; commitment or discharge.
- Section 31-2-3 - Construction of act; power to arrest not limited.
- Section 31-2-4 - "State" includes District of Columbia.
- Section 31-2-5 - "Fresh pursuit" defined.
- Section 31-2-6 - Certified copies of law to be distributed.
- Section 31-2-7 - Citation of act.
- Section 31-2-8 - Authority to arrest misdemeanant; fresh pursuit.
- Article 3 - Bail, 31-3-1 through 31-3-10.
- Section 31-3-1 - Designee to accept bail.
- Section 31-3-10 - Termination of liability.
- Section 31-3-2 - Failure to appear; forfeiture of bail bonds.
- Section 31-3-3 - Surrender of principal by surety.
- Section 31-3-4 - Paid sureties.
- Section 31-3-5 - Approval of bond.
- Section 31-3-6 - Change of venue.
- Section 31-3-7 - Bail for witness.
- Section 31-3-8 - Defects in bail or bail bond; effect.
- Section 31-3-9 - Failure to appear; penalty.
- Article 3A - Witness Immunity, 31-3A-1.
- Article 4 - Extradition, 31-4-1 through 31-4-31.
- Section 31-4-1 - Definitions.
- Section 31-4-10 - Rights of accused person; application for writ of habeas corpus.
- Section 31-4-11 - Penalty for noncompliance with preceding section.
- Section 31-4-12 - Confinement in jail when necessary.
- Section 31-4-13 - Arrest prior to requisition.
- Section 31-4-14 - Arrest without a warrant.
- Section 31-4-15 - Commitment to await requisition; bail.
- Section 31-4-16 - Bail; in what cases; conditions of bond.
- Section 31-4-17 - Extension of time of commitment, adjournment.
- Section 31-4-18 - Forfeiture of bail.
- Section 31-4-19 - Persons under criminal prosecution in this state at time of requisition.
- Section 31-4-2 - Fugitives from justice; duty of governor.
- Section 31-4-20 - Guilt or innocence of accused, when inquired into.
- Section 31-4-21 - Governor may recall warrant or issue alias.
- Section 31-4-22 - Written waiver of extradition proceedings.
- Section 31-4-23 - Nonwaiver by this state.
- Section 31-4-24 - Fugitives from this state; duty of governors.
- Section 31-4-25 - Application for issuance of requisition; by whom made; contents.
- Section 31-4-26 - Costs and expenses.
- Section 31-4-27 - Immunity from service of process in certain civil actions.
- Section 31-4-28 - No right of asylum; no immunity from other criminal prosecutions while in this state.
- Section 31-4-29 - Interpretation.
- Section 31-4-3 - Form of demand.
- Section 31-4-30 - Short title.
- Section 31-4-31 - Transfer under treaty; governor.
- Section 31-4-4 - Governor may investigate case.
- Section 31-4-5 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
- Section 31-4-6 - Extradition of persons not present in demanding state at time of commission of crime.
- Section 31-4-7 - Issue of governor's warrant of arrest; its recitals.
- Section 31-4-8 - Manner and place of execution.
- Section 31-4-9 - Authority of arresting officer.
- Article 5 - Interstate Compacts, 31-5-1 through 31-5-20.
- Section 31-5-1 to 31-5-3 - Repealed.
- Section 31-5-10 - Interstate Compact on Mentally Disordered Offenders.
- Section 31-5-11 - Compact authority.
- Section 31-5-12 - Agreement on Detainers.
- Section 31-5-13 - Definition.
- Section 31-5-14 - Cooperation.
- Section 31-5-15 - Habitual offenders.
- Section 31-5-16 - Transfers.
- Section 31-5-17 - Interstate Corrections Compact.
- Section 31-5-18 - Secretary of corrections; powers.
- Section 31-5-19 - Convicted offenders; contracts with United States attorney general.
- Section 31-5-20 - Interstate Compact for Adult Offender Supervision.
- Section 31-5-4 - Western Interstate Corrections Compact; form.
- Section 31-5-5 - Inmate commitment or transfer.
- Section 31-5-6 - Enforcement of compact; submission of reports.
- Section 31-5-7 - Board of parole; hearings within and outside state.
- Section 31-5-8 - Contracts of governor; approval by board of finance.
- Section 31-5-9 - Release of inmate from institution outside state; transportation to home or place of employment.
- Article 6 - Grand Jury, 31-6-1 through 31-6-15.
- Section 31-6-1 - Grand jury panels; calling; qualifying.
- Section 31-6-10 - Requirement for indictment; number of jurors concurring.
- Section 31-6-11 - Evidence before grand jury.
- Section 31-6-11.1 - Renewed presentation of evidence forbidden.
- Section 31-6-12 - Subpoena powers; notice to witnesses.
- Section 31-6-13 - Compensation of jurors and witnesses.
- Section 31-6-14 - Multiple representation.
- Section 31-6-15 - Witness immunity; protection from harrassment [harassment] and unreasonable inconvenience.
- Section 31-6-2 - Foreman of grand jury.
- Section 31-6-3 - Challenge to grand jury.
- Section 31-6-4 - Time and place for hearing; privacy of hearings; witnesses permitted to have attorney present.
- Section 31-6-5 - Return of indictments.
- Section 31-6-6 - Oaths; grand jurors; witnesses; officers; penalty.
- Section 31-6-7 - Assistance for grand jury; report.
- Section 31-6-8 - Record of testimony.
- Section 31-6-9 - Charge to grand jury.
- Section 31-6-9.1 - Abuse of grand jury procedures.
- Article 7 - Indictments and Proof of Ownership for Offenses Concerning Domestic Animals, 31-7-1.
- Article 8 - Out-of-State Witnesses, 31-8-1 through 31-8-6.
- Section 31-8-1 - Attendance of witnesses from without a state; definitions.
- Section 31-8-2 - Summoning witness in this state to testify in another state.
- Section 31-8-3 - Witness from another state summoned to testify in this state.
- Section 31-8-4 - Exemption from arrest and service of process.
- Section 31-8-5 - Uniformity of interpretation.
- Section 31-8-6 - Short title.
- Article 9 - Mental Illness and Competency, 31-9-1 through 31-9-4.
- Section 31-9-1 - Determination of competency; raising the issue.
- Section 31-9-1.1 - Determination of competency; evaluation and determination.
- Section 31-9-1.2 - Determination of competency; commitment; report.
- Section 31-9-1.3 - Determination of competency; ninety-day review; reports; continuing treatment.
- Section 31-9-1.4 - Determination of competency; incompetent defendants.
- Section 31-9-1.5 - Determination of competency; evidentiary hearing.
- Section 31-9-1.6 - Hearing to determine mental retardation.
- Section 31-9-2 - Mental examination.
- Section 31-9-3 - Repealed.
- Section 31-9-4 - Repealed.
- Article 10 - Commission of Crimes by Indians, 31-10-1 through 31-10-3.
- Article 11 - Appeals and Post-Conviction Remedies, 31-11-1 through 31-11-6.
- Section 31-11-1 - Stay of execution; release.
- Section 31-11-2 - Appeal granted; defendant to be committed or recognized.
- Section 31-11-3 - Directions following review brought by defendant.
- Section 31-11-4 - Directions following review brought by state.
- Section 31-11-5 - New trial granted; procedure in district court.
- Section 31-11-6 - Post-conviction remedy.
- Article 12 - Fines, Fees and Costs, 31-12-1 through 31-12-12.
- Section 31-12-1, 31-12-2 - Repealed.
- Section 31-12-10 - Repealed.
- Section 31-12-11 - Court fees; deposit in the domestic violence offender treatment or intervention fund.
- Section 31-12-12 - Domestic violence offender treatment or intervention fund created; appropriation; program requirements.
- Section 31-12-3 - Paying fines, fees or costs in installments; community service option.
- Section 31-12-4, 31-12-5 - Repealed.
- Section 31-12-6 - Costs of conviction.
- Section 31-12-7 - Motor vehicles; influence of intoxicating liquor or drugs; fee upon conviction.
- Section 31-12-8 - Controlled substances; fee upon conviction; municipal ordinance requirement.
- Section 31-12-9 - Crime laboratory fund created; appropriation.
- Article 13 - Civil Rights and Pardons, 31-13-1.
- Article 14 - Execution of Death Sentence, 31-14-1 through 31-14-16.
- Section 31-14-1 - Repealed.
- Section 31-14-10 - Repealed.
- Section 31-14-11 - Repealed.
- Section 31-14-12 - Repealed.
- Section 31-14-13 - Repealed.
- Section 31-14-14 - Repealed.
- Section 31-14-15 - Repealed.
- Section 31-14-16 - Repealed.
- Section 31-14-2 - Repealed.
- Section 31-14-3 - Repealed.
- Section 31-14-4 - Repealed.
- Section 31-14-5 - Repealed.
- Section 31-14-6 - Repealed.
- Section 31-14-7 - Repealed.
- Section 31-14-8 - Repealed.
- Section 31-14-9 - Repealed.
- Article 15 - Public Defenders, 31-15-1 through 31-15-12.
- Section 31-15-1 - Short title.
- Section 31-15-10 - Duties of district public defender.
- Section 31-15-11 - Compensation; private practice of law by attorneys employed by the department prohibited.
- Section 31-15-12 - Explanation of rights; waiver of counsel; application fee; indigency determination.
- Section 31-15-2 - Definitions.
- Section 31-15-3 - Repealed.
- Section 31-15-4 - Chief public defender; qualifications.
- Section 31-15-5 - Public defender department; creation; administration; finance.
- Section 31-15-5.1 - Public defender automation fund created; administration; distribution.
- Section 31-15-6 - Public defender department; powers.
- Section 31-15-7 - Chief public defender; general duties and powers.
- Section 31-15-8 - Duty of chief public defender to establish appellate division; duty of appellate division.
- Section 31-15-9 - Duty of chief public defender to establish district public defender office; appointment of district public defender.
- Article 16 - Defense of Indigents, 31-16-1 through 31-16-10.
- Section 31-16-1 - Short title.
- Section 31-16-10 - Counsel not subject to liability.
- Section 31-16-2 - Definitions.
- Section 31-16-3 - Right to representation.
- Section 31-16-4 - Notice of right to representation.
- Section 31-16-5 - Determination of indigency.
- Section 31-16-6 - Waiver of right to representation.
- Section 31-16-7 - Recovery from defendant.
- Section 31-16-8 - Payment of costs, expenses and attorney fees.
- Section 31-16-9 - Contractual services of counsel.
- Article 16A - Preprosecution Diversion, 31-16A-1 through 31-16A-8.
- Section 31-16A-1 - Short title.
- Section 31-16A-2 - Purpose.
- Section 31-16A-3 - Program establishment.
- Section 31-16A-4 - Eligibility.
- Section 31-16A-5 - Program functions and responsibilities.
- Section 31-16A-6 - Waivers; suspension of criminal proceedings.
- Section 31-16A-7 - Program participation; costs; termination.
- Section 31-16A-8 - Record keeping.
- Article 17 - Victim Restitution, 31-17-1.
- Article 18 - Sentencing of Offenders, 31-18-1 through 31-18-26.
- Section 31-18-1 to 31-18-11 - Repealed.
- Section 31-18-12 - Short title.
- Section 31-18-13 - Sentencing authority; all crimes.
- Section 31-18-14 - Sentencing authority; capital felonies.
- Section 31-18-14.1 - Repealed.
- Section 31-18-15 - Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.
- Section 31-18-15.1 - Alteration of basic sentence; mitigating or aggravating circumstances; procedure.
- Section 31-18-15.2 - Definitions.
- Section 31-18-15.3 - Serious youthful offender; disposition.
- Section 31-18-16 - Use of firearm; alteration of basic sentence; suspension and deferral limited.
- Section 31-18-16.1 - Repealed.
- Section 31-18-17 - Habitual offenders; alteration of basic sentence.
- Section 31-18-18 - Habitual offenders; duty of public officers to report.
- Section 31-18-19 - Habitual offender; duty of district attorney to prosecute.
- Section 31-18-20 - Habitual offenders; proceedings for prosecution.
- Section 31-18-21 - Consecutive sentences; inmates and persons at large.
- Section 31-18-22 - Special incarceration alternative program.
- Section 31-18-23 - Three violent felony convictions; mandatory life imprisonment; exception.
- Section 31-18-24 - Violent felony sentencing procedure.
- Section 31-18-25 - Two violent sexual offense convictions; mandatory life imprisonment; exception.
- Section 31-18-26 - Two violent sexual offense convictions; sentencing procedure.
- Article 18A - Sentencing Guidelines, 31-18A-1 through 31-18A-9.
- Article 18B - Hate Crimes, 31-18B-1 through 31-18B-5.
- Section 31-18B-1 - Short title.
- Section 31-18B-2 - Definitions.
- Section 31-18B-3 - Hate crimes; noncapital felonies, misdemeanors or petty misdemeanors committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, age, dis
- Section 31-18B-4 - Hate crimes; data collection.
- Section 31-18B-5 - Hate crimes; law enforcement training.
- Article 19 - Sentencing Authority for Misdemeanors, 31-19-1.
- Article 20 - Sentencing, 31-20-1 through 31-20-13.
- Section 31-20-1 - Sentence of corporations.
- Section 31-20-10 - Character of order.
- Section 31-20-11 - Credit for time pending appellate review.
- Section 31-20-12 - Credit for time prior to conviction.
- Section 31-20-13 - Conditional discharge order; exception.
- Section 31-20-2 - Place of imprisonment; commitments.
- Section 31-20-3 - Order deferring or suspending sentence; diagnostic commitment.
- Section 31-20-4 - Application of order deferring or suspending sentence.
- Section 31-20-5 - Placing defendant on probation.
- Section 31-20-5.1 - Misdemeanor compliance programs; counties may establish; fees.
- Section 31-20-5.2 - Sex offenders; period of probation; terms and conditions of probation.
- Section 31-20-6 - Conditions of order deferring or suspending sentence.
- Section 31-20-7 - Repealed.
- Section 31-20-8 - Effect of termination of period of suspension without revocation of order.
- Section 31-20-9 - Completion of total term of deferment.
- Article 20A - Capital Felony Sentencing, 31-20A-1 through 31-20A-6.
- Article 21 - Sentence, Pardons and Paroles, 31-21-1 through 31-21-27.
- Section 31-21-1 - Construction of statutory provisions prescribing term of imprisonment; maximum or minimum.
- Section 31-21-10 - Parole authority and procedure.
- Section 31-21-10.1 - Sex offenders; period of parole; terms and conditions of parole.
- Section 31-21-11 - Parole to detainers to serve another sentence or for hospitalization and treatment.
- Section 31-21-12 - Conditional release.
- Section 31-21-13 - Information from prison officials.
- Section 31-21-13.1 - Intensive supervision programs.
- Section 31-21-14 - Return of parole violator.
- Section 31-21-15 - Return of probation violator.
- Section 31-21-16 - Repealed.
- Section 31-21-17 - Executive clemency; investigation and reports.
- Section 31-21-17.1 - Administration by department.
- Section 31-21-18 - Application to persons now on probation or parole.
- Section 31-21-19 - Participation of the United States and other states.
- Section 31-21-2 - Clothing, money and transportation furnished to prisoners on release from correctional facility.
- Section 31-21-20 - Information from courts.
- Section 31-21-21 - Conditions of probation.
- Section 31-21-22 - Short title.
- Section 31-21-23 - Purpose.
- Section 31-21-24 - Parole board; members; appointment; terms; qualifications; compensation; organization.
- Section 31-21-25 - Powers and duties of the board.
- Section 31-21-25.1 - Parole board; additional powers and duties; medical and geriatric parole program.
- Section 31-21-26 - Transitional provisions.
- Section 31-21-27 - Reentry drug court program for inmates; district court supervision.
- Section 31-21-3 - Short title.
- Section 31-21-4 - Construction and purpose of act.
- Section 31-21-5 - Definitions.
- Section 31-21-6 - Protection of records.
- Section 31-21-7 - Duties of director.
- Section 31-21-8 - Director to administer interstate compacts relating to convicts on probation and parole.
- Section 31-21-9 - Presentence and prerelease investigations.
- Article 22 - Crime Victims Reparations, 31-22-1 through 31-22-24.
- Section 31-22-1 - Short title.
- Section 31-22-10 - Relationship to offender.
- Section 31-22-11 - No award to certain confined persons.
- Section 31-22-12 - Recovery from offender.
- Section 31-22-13 - Terms of order.
- Section 31-22-14 - Limitations on award; collateral recovery; preliminary award.
- Section 31-22-15 - Exemption from execution.
- Section 31-22-16 - Survival or abatement.
- Section 31-22-17 - Rule-making powers.
- Section 31-22-18 - Confidentiality of records, reports and claim files.
- Section 31-22-19 - Annual report.
- Section 31-22-2 - Purpose.
- Section 31-22-20 - Penalty.
- Section 31-22-21 - Crime victims reparation fund created; purposes.
- Section 31-22-22 - Distribution of money received as result of crime; escrow account.
- Section 31-22-23 - Authority to compel production.
- Section 31-22-24 - Repealed.
- Section 31-22-3 - Definitions.
- Section 31-22-4 - Crime victims reparation commission created; membership; reimbursement.
- Section 31-22-4.1 - Domestic violence homicide review team; creation; membership; duties; confidentiality; civil liability.
- Section 31-22-5 - Claims; review; hearings and evidence.
- Section 31-22-6 - Medical examination; attorneys' fees; penalty.
- Section 31-22-7 - Eligibility for reparation.
- Section 31-22-8 - Crimes enumerated.
- Section 31-22-9 - Award of reparation.
- Article 23 - Crime Victims Immunity, 31-23-1.
- Article 24 - Crime Victims' and Witnesses' Bill of Rights, 31-24-1 through 31-24-7.
- Article 25 - Victim Counselor Confidentiality, 31-25-1 through 31-25-6.
- Article 26 - Victims of Crime, 31-26-1 through 31-26-16.
- Section 31-26-1 - Short title.
- Section 31-26-10 - Procedures for providing victims with notice of a court proceeding; courts; district attorneys.
- Section 31-26-10.1 - Crime victim presence at court proceedings; plea agreement notification.
- Section 31-26-11 - Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department.
- Section 31-26-12 - Procedures when an inmate is released from incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole bo
- Section 31-26-13 - Disclaimer.
- Section 31-26-14 - Effect of noncompliance.
- Section 31-26-15 - Identity theft passport; database.
- Section 31-26-16 - Expungement from police and court records.
- Section 31-26-2 - Purpose of act.
- Section 31-26-3 - Definitions.
- Section 31-26-4 - Victim's rights.
- Section 31-26-5 - Exercise of rights; requirements for victim.
- Section 31-26-6 - When rights and duties take effect; termination of rights and duties.
- Section 31-26-7 - Designation or appointment of victim's representative.
- Section 31-26-8 - Procedures for providing victims with preliminary information; law enforcement agencies.
- Section 31-26-9 - Procedures for providing victims with notice of rights and information regarding prosecution of a criminal offense; district attorneys.
- Article 27 - Forfeiture, 31-27-1 through 31-27-8.
- Section 31-27-1 - Short title.
- Section 31-27-2 - Purpose of act; applicability.
- Section 31-27-3 - Definitions.
- Section 31-27-4 - Seizure of property.
- Section 31-27-5 - Complaint of forfeiture; service of process.
- Section 31-27-6 - Court hearing and determination.
- Section 31-27-7 - Disposition of forfeited property.
- Section 31-27-8 - Safekeeping of seized property pending disposition.