Title 15 — Title 15

Requirements. If a circuit judge enters an order for involuntary commitment pursuant to Section 15-16-20, or any other provision of law, he or she shall immediately report the order to the Alabama State Law Enforcement Agency, in a manner prescribed by the agency, for entry into …

This article shall be entitled “The Criminal Psychopath Release Restriction Act.” History: (Acts 1988, No. 88-581, p. 906, §1.)

The following definitions shall apply to this article: (1) COURT. The court which committed the defendant pursuant to Section 15-16- 43. (2) DEFENDANT. A defendant in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason of mental disease or…

Order. When a defendant in a criminal case has been committed to the custody of the commissioner of the department or another facility as provided by Section 15-16- 43, such department or facility may not release such defendant from custody unless authorized to do so by court ord…

Mentally Ill, Poses No Threat of Substantial Harm, Etc.; Inclusion in Notice of Conditional Release Plan. Whenever the department or other facility with custody of a defendant is of the opinion that the defendant is no longer mentally ill, or that the defendant no longer poses a …

The court shall set a hearing to be held within 30 days of its receipt of the notice described in Section 15-16-63, unless an order of release either with or without conditions is stipulated by the department and all the parties to whom notice is required in Section 15-16-63. The…

Where the defendant does not have an attorney, the court shall appoint him one for purposes of the hearing. Payment of appointed counsel for indigent defendants shall be at the same rates and with the same limitations as would apply if the hearing were a criminal prosecution. His…

If a hearing is not held within 60 days of receipt by the court of the notice described in Section 15-16-63, the defendant shall be released forthwith unless for good cause shown the hearing is continued for a reasonable time. History: (Acts 1988, No. 88-581, p. 906, §7.)

(a)(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release. (2) If …

The conditions that the court may impose upon release, if necessary and appropriate, include, the following: (1) That the defendant take medication as prescribed by doctors in the department or in a regional or community mental health facility, or by some other doctor whose care …

Reports Regarding Defendant’s Compliance; Periodic Reports Not Deemed Violative of Doctor-Patient Privilege. If conditional release is ordered, the court shall state the specific conditions to be followed by the defendant. The order shall also direct the appropriate agencies or p…

Treatment; Notice of Hearing; Standard for Modifications and Orders. If at any time it appears that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release…

Notice and Hearing. If at any time after a defendant has been conditionally released, it appears that removal of some of the conditions or release of the defendant without conditions will not cause the defendant to pose a real and present threat of substantial harm to himself or …

Defendants. When several persons are indicted and tried jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they agree, on which a judgment must be entered accordingly, and the case as to the other defendants may be …

Means. When the intent with which, the mode in or the means by which an act is done is essential to the commission of the offense and such offense may be committed with different intents, in different modes or by different means, if the jury is satisfied that the act was committe…

When an act done may be attended by more results than one, either of which is sufficient to constitute the offense, the jury must convict if satisfied that any one of the results charged was produced by the act, although uncertain as to which. History: (Code 1852, §645; Code 1867…

(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds: (1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair tr…

for Costs. (a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the penitentiary, which includes hard labor for the state, and death. (b) In all case…

When any defendant is convicted and sentenced to death or to imprisonment in the penitentiary, the presiding judge, if he is of the opinion that such defendant should be pardoned, may postpone the execution of the sentence for such time as may appear necessary to obtain the actio…

The short title of this article is “The Inmate Community Reintegration Under SIR Act.” History: (Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §1.)

As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) DEPARTMENT. The Department of Corrections. (2) COMMISSIONER. The Commissioner of the Department of Corrections (3) STATE C…

In order to provide for the individual supervision and placement of an inmate in the community to obtain employment and place of residence in order to aid in the reintegration of the inmate into society, the department is authorized to adopt rules, regulations and policies permit…

The department may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of the limits of confinement. However, no inmate who has ever been convicted of murder, kidnapping in the first degree, rape in the first deg…

Required; Objections. Employees of the department are authorized to make investigations and recommendations concerning the suitability of certain inmates for the program and otherwise to assist the commissioner in the implementation of the program authorized by this article. Prov…

Funds. When an inmate is placed in the Supervised Intensive Restitution program, and has been ordered by a court of this state to make restitution to his victim, it shall be made a condition of his participation in the program that he make restitution payments to the victim until…

Each inmate participating in the program shall participate in a 40-hour workweek of paid private employment, public service work program, or a combination of both. History: (Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §7.)

The department is authorized to charge each inmate participating in the program a weekly amount for supervision costs, which shall not exceed 25 percent of the adjusted gross weekly income of the inmate. Such sums shall be retained by the department and placed in a fund in the St…

No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department while involved in the free community or while going to and from employment or other specified areas. History: (Acts 1983, 3rd Ex. S…

The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administration and sugg…

Etc. The commissioner shall promote public understanding of the provisions of this article as well as encourage the cooperation of all state agencies involved in implementing the provisions of this article. History: (Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §11.)

The willful failure of an inmate to remain within the extended limits of the inmate’s confinement, or to willfully return within the time prescribed to the place of confinement designated by the commissioner or his agent, shall be deemed as an escape from the custody of a penal f…

The Supervised Intensive Restitution (SIR) program is hereby exempted from the Administrative Procedure Act. History: (Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §13.)

The provisions of this article, and the activities herein authorized, shall be subject to the review and recommendations of an oversight committee which shall be composed of the Chief Examiner of Public Accounts, the State Finance Director, and the chairman of the permanent legis…

This article shall be known as and may be cited as “The Alabama Restitution Withholding Act.” History: (Acts 1984, No. 84-370, p. 859, §1.)

The Legislature hereby finds, determines and declares that the right of crime victims to restitution is and ought to be intimately affected with the public interest. The Legislature further hereby finds, determines, and declares that convicted criminals should be required to full…

Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, in the singular or plural case, the following terms shall mean: (1) PERSON. a. A human being. b. A public or…

(a)(1) Any provision of Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition to any other remedy which is or may be hereafter provided by law for the enforcement or collection of a restitution order, any original decree, judgment or ord…

Withheld or Attached. (a) Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be hereafter provided by law for the enforcement or collection of a restitution order, any decree, judgment, or order requiring the…

Any order issued pursuant to the provisions of this article shall be a continuing order and shall remain in effect and be binding upon the person on whom a copy is served until or unless further orders of the court are issued and served. History: (Acts 1984, No. 84-370, p. 859, §…

(a) A copy of any order issued pursuant to the provisions of this article shall be served by the clerk of the court wherein such order was issued or by another person designated by such court. (b) A copy of any order issued pursuant to the provisions of this article may be served…

Income, Etc. When any court order issued pursuant to the provisions of this article requires any employment income, other income or any asset or portion thereof to be withheld, or attached and paid over, conveyed, assigned, delivered or otherwise transferred to the clerk of the c…

Any person who willfully refuses to comply with any court order issued pursuant to the provisions of this article directing such person to withhold, deliver, or pay over any employment income, or other income or to convey, assign, transfer, deliver, or disburse any other income o…

from Actions for Wrongful Conversion, Etc. Any person who complies with any order or other process issued pursuant to the provisions of this article shall not in any way be held liable to the defendant or other person claiming any rights derived from the defendant for wrongful wi…

Any order issued pursuant to the provisions of this article directing any person to withhold, convey, assign, transfer, deliver, disburse or pay over any employment income, other income, or asset or requiring the attachment thereof, shall have priority over any writ or notice of …

Any court order issued pursuant to the provisions of this article may be altered, modified or rescinded upon the filing of a petition by the defendant, district attorney, or the victim for good and sufficient cause shown by a preponderance of the evidence. History: (Acts 1984, No…

This article shall be known as the “Alabama Community Punishment and Corrections Act.” History: (Acts 1991, No. 91-441, p. 795, §1; Act 2003-353, p. 930, §1.)

As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for the establishment of community p…

The Community Corrections Division is created in the Department of Corrections. The division shall be responsible for implementing and administering this article and any provisions of law relating to the operation and management of a community-based sentencing program. The divisi…

Participation in Program; Alternatives. (a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody of the county. The program shall be established by a county by resolution adopted b…

The goals of the community punishment and corrections act are: (1) To promote accountability of offenders to their local community by requiring direct financial restitution to be made to victims of crime and that community service be made to local governments and community agenci…