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15-18-142
Section 15-18-142 Definitions. 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 private corporation, an unincorporated association,
a partnership, or other entity established by law. c. A government or governmental instrumentality,
including, but not limited to the State of Alabama or any political subdivision thereof. (2)
RESTITUTION. An amount of money ordered by a court to be paid to a clerk or other person by
a defendant for the use and benefit of a victim of the defendant's criminal offense. (3) DEFENDANT.
A person, as defined, who has been ordered by a court to pay restitution. (4) CRIMINAL OFFENSE.
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine
is provided by any law of this state or by any law, local law,...
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15-18-150
Section 15-18-150 Employment income withholding order - Priority. 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 garnishment or process
or writ of attachment subsequently served on such person; provided, however, an employment
income withholding order issued pursuant to this article shall not have priority over any
employment income withholding order or notice of garnishment for the support of a defendant's
dependent children; and provided further, that any court order for employment income withholding
issued pursuant to this article may exceed the maximum amounts which is or may be hereafter
prescribed by law for garnishment proceeding in Alabama. (Acts 1984, No. 84-370, p. 859, ยง11.)...
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45-9-82.29
Section 45-9-82.29 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a pretrial diversion program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
terms of the pretrial diversion program, the length of the program, and the period of time
after which the district attorney will dispose of the charges against the offender in a noncriminal
manner or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receives a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. The district
attorney may recommend that the court withhold adjudication of guilt or...
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13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction
of a violation of this article or any other violation of the criminal laws of Alabama, the
court shall order that any computer, computer system, computer network, instrument of communication,
software or data that was owned or used by the defendant with the owner's knowledge of the
unlawful act or where the owner had reason to know of the unlawful act, and that was used
in the commission of the offense be forfeited to the State of Alabama and sold, destroyed,
or otherwise properly disposed. If the defendant is a minor, it also includes the above listed
property of the parent or guardian of the defendant. The manner, method, and procedure for
the forfeiture and condemnation or forfeiture of such thing shall be the same as that provided
by law for the confiscation or condemnation or forfeiture of automobiles, conveyances, or
vehicles in which alcoholic beverages are illegally transported. If the computer,...
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14-6-22
Section 14-6-22 Misdemeanant required to pay costs of incarceration; remission of costs;
amount and method of payment; payment of costs as condition of probation, etc., authorized;
procedure upon default; disposition of costs. (a)(1) A court shall require a convicted defendant
in a misdemeanor case to pay housing, maintenance and medical costs associated with the defendant's
incarceration in a county or city jail except as otherwise provided herein. Such costs shall
not exceed $20.00 per day that the defendant has been incarcerated plus actual medical expenses
incurred on behalf of the defendant. Such costs shall be taxed as costs of court and shall
be in addition to any and all other costs of court. (2) At the time of sentencing such defendant
may petition the court for remission of the payment of these costs or of any portion thereof.
If it appears to the satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or his immediate family,...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
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6-10-7
Section 6-10-7 Wages, salaries, or other compensation of laborers or employees for personal
services. (a) The wages, salaries, or other compensation of laborers or employees, residents
of this state, for personal services, shall be exempt from levy under writs of garnishment
or other process for the collection of debts contracted or judgments entered in tort in an
amount equal to 75 percent of such wages, salaries, or other compensation due or to become
due to such laborers or employees, and the levy as to such percentage of their wages, salaries,
or other compensation shall be void. The court issuing the writ or levy shall show thereon
the amount of the claim of the plaintiff and the court costs in the proceedings. If at any
time during the pendency of the proceedings in the court a judgment is entered for a different
amount, then the court shall notify the garnishee of the correct amount due by the defendant
under the writ or levy. The garnishee shall retain 25 percent of the wages,...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of
program; Restorative Justice Initiative; violations of terms or conditions. (a) An offender
who enters into a pretrial diversion program established under this division may satisfy any
of the following requirements: (1) Provide a statement admitting his or her participation
in, and responsibility for, the offense which is the subject of the application for entry
into the pretrial diversion program. The statement provided by the offender shall be admissible
in any criminal trial. (2) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (3) If there is restitution, agree in writing
to a restitution amount to be paid within a specified period of time, or for restitution to
remain open for future changes due to the nature of the injury or loss pursuant to the agreement.
(4) If the investigating law enforcement agency incurred extraordinary...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's
fees; periodic payments over period of years; specific findings; evidence of financial ability
to make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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