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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18-1A-233
Section 18-1A-233 Restitution of property and damages. If the action is dismissed for any reason,
and the defendant has vacated the property under an order of possession or in reasonable contemplation
of its taking by the plaintiff, the circuit court, upon demand of the defendant, shall order
the plaintiff to (1) deliver possession of the property to the defendant or other person entitled
thereto, and (2) pay damages to the defendant as justice requires, including damages for any
injury to or impairment of the value of the property not within the reasonable control of
the defendant. (Acts 1985, No. 85-548, p. 802, §1304.)...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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13A-6-142
Section 13A-6-142 Violation of a domestic violation protection order; penalties. (a) A person
commits the crime of violation of a domestic violence protection order if the person knowingly
commits any act prohibited by a domestic violence protection order or willfully fails to abide
by any term of a domestic violence protection order. (b) A violation of a domestic violence
protection order is a Class A misdemeanor which shall be punishable as provided by law. A
second conviction for violation of a domestic violence protection order, in addition to any
other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may
not be suspended. A third or subsequent conviction is a Class C felony. (c) In addition to
any other fine or penalty provided by law, the court shall order the defendant to pay an additional
fine of fifty dollars ($50) for a violation of a domestic violence protection order to be
distributed to the Domestic Violence Trust Fund, established by Section...
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6-6-453
Section 6-6-453 Payment of indebtedness or liability to clerk; effect thereof; ordering of
deposit by court. (a) When the garnishee admits indebtedness or liability to the defendant
and the defendant has not executed bond for the dissolution of the garnishment, as provided
in Division 4 of this article, the garnishee may, by order of the court first had and obtained,
pay the amount of such indebtedness or liability or so much thereof as the court may direct
into the hands of the clerk, to be held subject to the judgment in the case. Such payment
has the effect to discharge the garnishee from liability for the amount so paid and interest
subsequently accruing thereon, but does not prevent the interposition and trial of collateral
issues as provided in Division 6 of this article. (b) The court may, in its discretion, direct
the clerk to deposit, pending the action, the money at interest in a bank authorized to receive
deposits of public funds. (Code 1896, §§2188, 2189; Code 1907,...
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30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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12-17-225.5
Section 12-17-225.5 Amnesty period. There shall be an amnesty period of 60 days after August
7, 1995 during which any person may voluntarily pay in full any duly assessed court costs,
fines, victim compensation assessments, bail bond forfeitures, penalty payments, restitution,
or like payments in default. Commencing with the sixty-first day after August 7, 1995, the
enforcement and collection procedures provided in this division shall be implemented. (Acts
1995, No. 95-725, p. 1548, §6.)...
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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the sureties
continues throughout every stage of trial, from the time the defendant is entered thereon
until the rendition of the verdict by the jury or judge. The finding of the defendant guilty
by a jury or judge discharges the sureties. The obligation of the sureties are also discharged
when the judge takes any of the following actions: (1) Sentences the defendant. (2) Grants
the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance of any
order to the defendant to attend driving-under-the-influence school, mental health counseling,
or any similar order of which the court would only have had the authority to do so, if there
had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution. (6) Announcement or order of sentence prior to any
probation determination. (Acts 1993, No. 93-677, p. 1259, §15.)...
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