Title 15 — Title 15

In addition to those otherwise provided by law, the department shall have the following powers, duties, and authority: (1) Monitor the community punishment and corrections program within the goals and mandates established herein. (2) Conduct statewide public education programs co…

(a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article: (1) Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correc…

Participation Voluntary. (a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the proposed program. The community punishment and corrections plan shall have the approval of t…

The proposed community punishment and corrections plan may be drafted by an authority established under this article, or in lieu of the establishment of an authority, a county or another qualifying nonprofit entity as described in subsection (b) of Section 15-18-178. History: (Ac…

(a) Any county program or authority formed by one or more counties under this article shall be eligible to apply for direct and continuing financial contracts and grants under the article. (b) A nonprofit entity other than a community punishment and corrections authority may be e…

Board of Directors; Dissolution; Funding; Competitive Bidding Laws Not Applicable. (a) A public corporation may be organized as a community punishment and corrections authority pursuant to this article in any county or group of counties located in one or more judicial circuits. I…

Fees; Inmate Wages. (a) Community punishment and corrections funds may be used to develop or expand the range of community punishments and services at the local level. Community-based programs should utilize evidence-based practices, as defined in Section 12-25-32, in the treatme…

In addition to facilities utilizing evidence-based practices, a sentencing court may also utilize a faith-based or nonprofit facility that is exempt from Act 2015-185 pursuant to subdivision (5) of subsection (b) of Section 15-18-180 for counseling, education, or other rehabilita…

Records Audited Annually. (a) Administrative costs connected with the expenditures of community punishment and corrections funds under this article shall not exceed a percentage amount established by the commissioner. (b) The Chief Examiner of the Department of Examiners of Publi…

Noncompliance with Plan. (a) In order to remain eligible for continued grant funding, a recipient must substantially comply with the requirements of this article and the standards and administrative regulations of the department promulgated pursuant to the Administrative Procedur…

The recovery of damages under any judgment or judgments against an authority established under this section shall be limited to one hundred thousand dollars ($100,000) for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or ju…

An authority or nonprofit entity contracting with the department under this article shall maintain appropriate liability insurance in an amount sufficient to insure against loss resulting from bodily injury, death or property damage, subject to the limitations on recovery of dama…

Be Transferred to Department. In the event a state inmate, as defined in this article, participating in a community punishment and corrections program develops a medical condition which, in the opinion of a physician licensed to practice medicine in this state, would require trea…

(a) There is created the State-County Community Corrections Partnership Fund in the State Treasury, which shall consist of all monies paid into the State Treasury to the credit of the fund by legislative appropriation, grant, gift, or otherwise for the development, implementation…

Testing and Analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution of a sentence of death, through written motion to the circuit court that entered the judgment of sentence, may apply for the performance of forensic …

When an offense is punishable by imprisonment in the county jail, such imprisonment must be imposed by the court, unless the discretion is expressly conferred on the jury. History: (Code 1852, §235; Code 1867, §3783; Code 1876, §4485; Code 1886, §4498; Code 1896, §5419; Code 1907…

Federal Penal System. When an offender who is under sentence from a federal court is convicted in a state court, the state judge, in his discretion, may impose a sentence to be served concurrently with the federally imposed sentence, in the federal penal system. History: (Acts 19…

(a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall b…

Recapture and Return to Penal System for Recaptured Escapees. An escapee from a state penal institution who is recaptured and returned to custody shall be credited with all of his actual time spent incarcerated within the State of Alabama prior to his transfer and return to the c…

When an indictment is for a misdemeanor and the court is of opinion that the prosecution is frivolous or malicious, the prosecutor is liable for the costs. History: (Code 1852, §556; Code 1867, §4106; Code 1876, §4779; Code 1886, §4355; Code 1896, §5041; Code 1907, §7302; Code 19…

When the costs are imposed on the prosecutor, he may confess judgment for the same, with good and sufficient sureties; and, failing to do so or to pay the same presently, he must be imprisoned in the county jail or sentenced to hard labor for the county for 10 days. History: (Cod…

In cases of willful nonpayment of the fine and costs, the defendant shall either be imprisoned in the county jail or, at the discretion of the court, sentenced to hard labor for the county as follows: (1) If the fine and costs do not exceed two hundred fifty dollars ($250), no mo…

Discharged. Repealed by Act 2002-415, p. 1060, §2, effective April 17, 2002. History: (Code 1852, §511; Code 1867, §4061; Code 1876, §4731; Code 1886, §4504; Code 1896, §5426; Code 1907, §7635; Code 1923, §5291; Code 1940, T. 15, §342; Acts 1961, No. 1017, p. 1596.)

Fines, Fees, Costs, or Restitution. (a) In every instance, the court shall retain jurisdiction of any person who reaches the end of his or her sentence, received a termination of supervised or unsupervised parole or supervised or unsupervised probation, or in any way has complete…

Inmate from Physical Custody. (a) During the 180-day period immediately after an inmate is released from the physical custody of the Alabama Department of Corrections, he or she shall not be required to pay any outstanding court-assessed fines, fees, or costs. (b) Within 30 days …

The Legislature hereby finds, declares and determines that it is essential to be fair and impartial in the administration of justice, that all perpetrators of criminal activity or conduct be required to fully compensate all victims of such conduct or activity for any pecuniary lo…

As used in this article, the following words and terms shall have the meanings respectively ascribed by this section: (1) CRIMINAL ACTIVITIES. Any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant. (2) PECUNIARY DAMAG…

When a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary damages or loss to a victim, the court shall hold a hearing to determine the amount or type of restitution due the victim or victims of such defendant’s criminal acts. Such restitution…

(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the vict…

At such restitution hearings, the defendant, the victim, the district attorney, or other interested party may object to the imposition, amount or distribution of restitution or the manner or method thereof and the court shall allow all such objections to be heard and preserved as…

Incarcerated. Sections 15-18-5 and 15-18-6 shall be applicable to any prisoner presently incarcerated who comes within the purview of Sections 15-18-5 and 15-18-6. History: (Acts 1976, No. 677, p. 926.)

Suspension or Probation. When a defendant is sentenced or ordered to make restitution, the court may order payment to be made forthwith to be paid to the circuit clerk as other fines and costs are made. The court may also order restitution to be made within a specified period of …

Parole. When a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable during the period of imprisonment when the defendant has any asset or other income or any portion thereof to which a defendant is or may be entitled. The Board of Pardon…

or on Parole. (a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment, the court on motion of the victim or the district attorney or upon its own motion sha…

Right to Do Business. When an order of restitution is imposed upon a defendant which is a corporation, unincorporated association, partnership or other business entity, it shall be the duty of the person or persons authorized to make disbursements from the assets of such defendan…

Whenever an offender in the custody of the Department of Corrections is paroled, the Board of Pardons and Paroles will inform him of the court’s imposition of restitution payments and the supervising parole officer will see that the schedule of payment of restitution is resumed a…

Nothing in this article limits or impairs the right of a person injured by a defendant’s criminal activities to sue or recover damages from the defendant in a civil action. Evidence that the defendant has paid or has been ordered to pay restitution pursuant to this article may no…

Counties and Municipalities. (a) The county commissions of several counties and the governing authorities of municipalities are hereby authorized to cooperate with the State Board of Pardons and Paroles in the establishment of restitution centers. Such centers shall be operated b…

Paroles, Counties and Municipalities. The State Board of Pardons and Paroles, the county commissions and the governing authorities of municipalities are hereby authorized to cooperate in the institution and administration of services at restitution centers as authorized in Sectio…

and in Pari Materia with Other Statutes. (a) A restitution order in a criminal case shall be a final judgment and have all the force and effect of a final judgment in a civil action under the laws of the State of Alabama. The victim on whose behalf restitution is ordered, the exe…

(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that is a Class A or Class B felony offense, and receives a sentence of 30 years or less, the judge presiding over the case may order: (1) In cases where th…

Any and all rules and regulations issued by the Commissioner of the Alabama Department of Corrections pursuant to the provisions of Section 15-18-8 shall be subject to the Alabama Administrative Procedure Act. History: (Acts 1988, No. 88-163, p. 261, §2.)

Sentence. (a) Notwithstanding any other law to the contrary, if a defendant’s probation is revoked, and the defendant was sentenced pursuant to Section 15-18-8, the sentencing judge may determine the length of revocation sentence, including the ability to resplit the sentence wit…

Person; Return of Receipt; Compensation of Sheriff. (a) Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence has been pronounced, issue a warrant under the seal of the court for the execution of…

Person. Upon the receipt of a condemned person by the warden of Holman prison, he shall be confined therein until the time for his execution arrives; and, while so confined, all persons outside the said prison shall be denied access to him, except his physician and lawyer, who sh…

(a) Where the sentence of death is pronounced against a convict, the sentence shall be executed at any hour on the day set for the execution, not less than 30 nor more than 100 days from the date of sentence, as the court may adjudge, by lethal injection unless the convict elects…

(a) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution or nitrogen hypoxia. The sentence shall be executed pursuant to Section 15-18-82. (b) A person convicted and sentenced to death fo…

(a) The following persons may be present at an execution and none other: (1) The executioner and any persons necessary to assist in conducting the execution. (2) The Commissioner of Corrections or his or her representative. (3) Two physicians, including the prison physician. (4) …

(a) If a condemned person escapes after sentence and before his delivery to the warden from Holman prison and is not rearrested until after the time fixed for execution, any person may arrest and commit him to the jail of the county in which he was sentenced. Thereupon, the court…

Transportation of Body. (a) When execution of sentence is suspended or respited to another date, the same shall be noted on the warrant for execution, and on the arrival of such date the warden shall proceed with such execution, but if the condemned person should be pardoned or h…