Title 15

The following words shall have the following meanings for purposes of this article: (1) BOARD. State Board of Pardons and Paroles. (2) CANDIDATE. A person who is considered for a posthumous pardon. (3) PETITION. A document signed by a petitioner requesting the posthumous pardon o…

(a) A person convicted of a Class A or Class B felony in this state shall be a candidate for a posthumous pardon if all of the following conditions are satisfied: (1) He or she is deceased. (2) The person’s circumstances of conviction provide a compelling reason or reasons to con…

For the public welfare, a pardon granted by the board pursuant to this article shall not require formal delivery to and acceptance by the candidate’s family or legal heirs in order to be considered valid. (Act 2013-81, p. 180, §5.)

Nothing in this article, nor any determination made by the Alabama Board of Pardons and Paroles pursuant to this article, shall give rise to any liability from any act or omission of any governmental entity or otherwise give rise to any legal claim, suit, or action, including for…

This article shall be known and may be cited as the “Alabama Crime Victims Compensation Act.” (Acts 1984, No. 84-658, p. 1308, §1.)

(a) Every party to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence in reply to any matter of an evidentiary nature in the record relevant to the clai…

(a) Any person filing a claim under the provisions of this article shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant. (b) If the mental, physical or e…

(a) Compensation shall not be awarded in any of the following circumstances: (1) A claim has been filed with the commission later than two years after the injury or death upon which the claim is based, unless the commission finds there was good cause for the failure to file withi…

Except as provided elsewhere in this article, an award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an ap…

(a) If compensation is awarded, the commission shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that compensation was awarded. (b) In the event the claimant recovers compensation, other than under the provisions of t…

(a) Compensation for work loss, replacement services loss, dependent’s economic loss, and dependent’s replacement services loss may not exceed six hundred dollars ($600) per week. (b) Compensation payable to a victim and to all other claimants sustaining economic loss because of …

(a) There is hereby established a special fund to be known as the Alabama Crime Victims Compensation Fund. (b) The fund shall be placed under the management or administration of the Alabama Crime Victims Compensation Commission for purposes of providing compensation or other bene…

(a) In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances which are tried in any court or tribunal in this state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile delinquent or youthful…

(a) Any person who confers, offers, or agrees to confer anything of value upon a member, agent or employee of the Alabama Crime Victims Compensation Commission with the intent that such member’s or agent’s or employee’s vote, opinion, judgment or exercise of discretion or other a…

(a) A member, agent or employee of the Alabama Crime Victims Compensation Commission commits the crime of failing to disclose a conflict of interest if such member, agent or employee exercises any discretionary function in connection with a commission contract, purchase, payment …

The Legislature hereby finds, determines and declares that victims of violent crime are often reduced to bereft and destitute circumstances as a result of the criminal acts perpetrated against them, that the financial or economic resources of such victims and their dependents are…

Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall knowingly make a false entry or falsely alter any commission record; or who shall intentionally destroy, mutilate, conceal, remove or otherwise impair the verity or availability of any co…

(a) Any person who shall knowingly furnish any false information to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof with the intent to defraud the said commission; or with the intent to obtain an award of compensation for a person not…

(a) Any person who shall knowingly obtain or exert any unauthorized control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Cla…

Any person who shall perpetrate any criminally injurious conduct on the person of another or who shall be convicted of a felony after making application to the Alabama Crime Victims Compensation Commission for compensation shall not be eligible or entitled to receive compensation…

As used in this article the following words shall include, but are not limited to the following meanings unless the context clearly requires a different meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section 15-23-4. (2) CRIMINALLY INJURI…

(a) The Alabama Crime Victims Compensation Commission is created and shall be composed of three residents of this state, who shall be appointed by the Governor with the advice and consent of the Senate, for terms of four years each or until their successors are appointed and qual…

The commission shall have all the powers and privileges of a corporation and all of its business shall be transacted in the name of the commission. In addition to any other powers and duties specified elsewhere in this article, the commission may do any of the following: (1) Regu…

The commission shall publish annually a report showing the fiscal transactions of the commission for the preceding year, the amount of the accumulated cash and securities of the commission and a balance sheet showing the financial condition of the commission by means of an actuar…

The Director of the Department of Examiners of Public Accounts shall at least once a year and at such other times as such director shall deem appropriate cause to be performed a detailed audit of the financial affairs of the commission and shall promptly notify the appropriate gr…

(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 matters relating to claims f…

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 provisions of this article; provided, however,…

This article shall be entitled “The Victim Counselor Confidentiality Act of 1987.” (Acts 1987, No. 87-598, p. 1040, §1.)

As used in this article, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated: (1) CONFIDENTIAL COMMUNICATION. Any information exchanged between a victim and …

(a) A victim, a victim counselor without the consent of the victim, or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party, cannot be compelled to give testimony or to produce records concer…

(a) A victim does not waive the protections afforded by this article by testifying in court about the crime. (1) However, if the victim partially discloses the contents of a confidential communication in the course of testifying, then either party may request the court to rule th…

Nothing in this article shall be construed to limit any other testimonial privilege available to any person under other statutes or rules. (Acts 1987, No. 87-598, p. 1040, §2.)

This article shall not be construed to relieve victim counselors of any duty to report suspected child abuse or neglect or any evidence that the victim is about to commit a crime. (Acts 1987, No. 87-598, p. 1040, §2.)

Nothing in this article shall be construed to permit a victim counselor to administer or prescribe drugs in any form, or in any manner to engage in the practice of medicine as defined by the laws of this state or to engage in any act or to perform any service which act or service…

As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING. An oral argument hel…

(a) If a victim is physically or emotionally unable to exercise any right established by this article, but is able to designate a lawful representative, the designated representative or person may exercise the same rights that the victim is entitled to exercise. The victim may re…

Within 72 hours, unless the victim is unavailable or incapacitated as a result of the crime, after the initial contact between a victim of a reported crime and the law enforcement agency either responding to the report of the crime of the victim or another person, or having respo…

(a) Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant, criminal proceedings, except initial appearances, as soon as practicable, including any changes that may occur. (b) The victim shall provide to and…

The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs. (Acts 1995, No. 95-583, p. 1234, §5.)

The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed. (Acts 1995, …

The rights of the victim do not include the authority to direct the prosecution of the case. (Acts 1995, No. 95-583, p. 1234, §7.)

The victim has the right to be present throughout all criminal proceedings pursuant to Section 15-14-50 et seq. (Acts 1995, No. 95-583, p. 1234, §8.)

The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall…

(a) Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor…

The victim has the right to refuse a request by the defendant, the attorney of the defendant, or by any other person acting on behalf of the defendant, for an interview or other communication with the victim. (Acts 1995, No. 95-583, p. 1234, §11.)

The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless: (1) The prosecuting attorney advise…