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45-2-84.04
Section 45-2-84.04 Payment of court ordered sums. Any eligible person who has been sentenced
to the Baldwin County Community Corrections Center or a program pursuant to this part, granted
probation or whose sentence has been otherwise suspended, and it is conditioned on the payment
of court costs, fines, restitution, appointed attorney fee recoupment, or payment of any other
court ordered sums, the eligible person may be ordered to report to the Baldwin County Community
Corrections Center for times the court deems sufficient for the periodic payment of the above
sums, together with a daily supervision fee in an amount to be determined by the Baldwin County
Pretrial Release and Community Corrections Board, but not less than one dollar ($1) to be
paid to the Baldwin County Community Corrections Fund. The Baldwin County Pretrial Release
and Community Corrections Board shall promulgate rules for the management and disbursement
of monies ordered by the court to be paid to third parties....
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15-18-71
Section 15-18-71 Enforceability of order when defendant imprisoned; condition 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 Pardons and Paroles
shall be notified of the amount of restitution by its parole officers and when and if the
defendant is paroled, it shall be made a condition of the parole to continue the restitution
payments to the victim. If during the period of the defendant's parole, he or she fails to
make restitution as ordered by the original court, it shall be grounds for revocation of parole.
(Acts 1980, No. 80-588, p. 928, §7; Act 2009-632, p. 1937, §1.)...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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15-18-147
Section 15-18-147 Employment income withholding order - Receipt and disposition of 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 court, it
shall be the duty and responsibility of such clerk to receive such income or asset and convey,
assign, transfer, or disburse the same to the victim in accordance with the defendant's restitution
obligation as the court issuing such order may direct. (Acts 1984, No. 84-370, p. 859, §8.)...
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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall
impose sentence. Where the jury has returned a verdict of death, the court shall sentence
the defendant to death. Where a sentence of death is not returned by the jury, the court shall
sentence the defendant to life imprisonment without parole. This code section shall not affect
a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing
jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall
permit the parties to present arguments concerning the existence of aggravating and mitigating
circumstances and the proper sentence to be imposed in the case....
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15-18-68
Section 15-18-68 Criteria for determining 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 victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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15-18-73
Section 15-18-73 Restitution by corporation, partnership, etc.; default as forfeiture of 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 defendant to
make restitution from those assets and a failure to do so by such person or persons may be
held to be in contempt of court unless a showing be made to the contrary as pursuant to the
provisions of Section 15-18-72. Any corporation, unincorporated association, or other business
entity which fails to make restitution as ordered by the court shall forfeit its rights to
do business within the State of Alabama and its charter or other legal grant of the right
to do such business may be dissolved by the court. (Acts 1980, No. 80-588, p. 928, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-73.htm - 1K - Match Info - Similar pages
15-13-115
Section 15-13-115 Obligation of sureties in probation cases. The obligation of sureties is
continued beyond the finding of a guilty verdict by the judge or by a jury in cases where
the maximum sentence, set out by law, does not exceed 10 years and where the court desires
to continue the case for a probation hearing so long as the court has not announced the sentence
to be imposed or sentenced the defendant in any form as set out by law. In such cases, the
obligation of the sureties is continued until there has been a determination and order by
the court of denying or granting probation. In cases where the maximum sentence as set out
by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue
their obligation on such bail beyond the findings or rendering of the verdict but such an
agreement shall be entered on the docket or case summary sheet and the surety shall execute
their name or names by the entry. (Acts 1993, No. 93-677, p. 1259, §16.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-115.htm - 1K - Match Info - Similar pages
12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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13A-12-232
Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum
term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc.,
of accessories, principals, etc. (a) Notwithstanding the provisions of Chapter 22, Title 15,
or any other provision of law, with respect to any person who is found to have violated Section
13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred,
or withheld, nor shall such person be eligible for any type of parole, probation, work release,
supervised intensive restitution program, release because of deduction from sentence for good
behavior under corrections incentive time act or any other program, furlough, pass, leave,
or any other type of early, conditional, or temporary release program, nor shall such person
be permitted to leave the penitentiary for any reason whatsoever except for necessary court
appearances and for necessary medical treatment, prior to serving...
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