0 chapters · 813 sections in this title.
Ala. Code § 15-23-72 Right to Pre-sentence Information
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The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal offense for which the defendant was convicted, acq…
Ala. Code § 15-23-73 Impact Statement; Right to Review Pre-sentence Investigative Report
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(a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on th…
Ala. Code § 15-23-74 Right to Present Evidence, Statement, Etc., During Sentencing or
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Restitution Proceedings. The victim has the right to present evidence, an impact statement, or information that concerns the criminal offense or the sentence during any pre-sentencing, sentencing, or restitution proceeding. History: (Acts 1995, No. 95-583, p. 1234, §15.)
Ala. Code § 15-23-75 Right to Information Concerning Defendant’s Sentence, Request for
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Notice, Post-Conviction Review, Etc. The victim has the right to the following information: (1) As soon as practicable, after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant. (2) The names, addresses,…
Ala. Code § 15-23-76 Right to Be Present and Heard at Court Proceeding
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It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with the proceeding. The right of the victim to …
Ala. Code § 15-23-77 Right to Have Property Returned
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(a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any proper…
Ala. Code § 15-23-78 Right to Information from Agency Having Physical Custody of Prisoner
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Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information: (1) Notice of an end of sentence release within 15 days prior to the end of the sentence of the prisoner. (2) Notice of the death wi…
Ala. Code § 15-23-79 Submission of Victim’s Statement into Prisoner’s Records
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(a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner’s Department of Corrections records. The statement shall be considered during any revi…
Ala. Code § 15-23-8 Compensation for Economic Loss Resulting from Criminal Conduct -
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Authorized; Procedure. (a) The commission may award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met. (b) The commission shall hear and determine all matte…
Ala. Code § 15-23-80 Facility with Custody of Defendant to Send Victim Release Opinion
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Upon written request of the victim, the Alabama Department of Mental Health and Mental Retardation, or other facility with custody of the criminal defendant, shall send the victim a copy to the address stated in the request, of its release opinion which was provided to the approp…
Ala. Code § 15-23-81 Victim to Respond to Subpoena or to Participate in Proceeding
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Preparation Without Loss of Employment or Fear of Loss. The victim shall respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss …
Ala. Code § 15-23-82 Clerk of Court to Accept and Disburse Restitution
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The clerk of the court is authorized and shall accept partial payments from defendants when directed to do so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse restitution to victims or the authorized recipient, including partial …
Ala. Code § 15-23-83 Assertion of Rights by Attorney General or District Attorney
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The Attorney General or district attorney may assert any right to which the victim is entitled. History: (Acts 1995, No. 95-583, p. 1234, §24.)
Ala. Code § 15-23-84 Failure to Provide Right or Notice Not Grounds for Setting Aside
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Sentence. The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside. History: (Acts 1995, No. 95-583, p. 1234, §25.)
Ala. Code § 15-23-9 Compensation for Economic Loss Resulting from Criminal Conduct -
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Collateral Source Contribution Not Required. The commission shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving or was entitled to receive such benefits prior to the occurrence giving rise to the claim under the p…