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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13A-5-12
Section 13A-5-12 Fines for misdemeanors and violations. (a) A sentence to pay a fine for a
misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:
(1) For a Class A misdemeanor, not more than $6,000; (2) For a Class B misdemeanor, not more
than $3,000; (3) For a Class C misdemeanor, not more than $500; or (4) Any amount not exceeding
double the pecuniary gain to the defendant or loss to the victim caused by the commission
of the offense. (b) A sentence to pay a fine for a violation shall be for a definite amount,
fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain
to the defendant or loss to the victim caused by the commission of the offense. (c) As used
in this section, "gain" means the amount of money or the value of property derived
from the commission of the crime, less the amount of money or the value of property returned
to the victim of the crime or seized or surrendered to lawful authority prior...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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13A-5-11
Section 13A-5-11 Fines for felonies. (a) A sentence to pay a fine for a felony shall be for
a definite amount, fixed by the court, within the following limitations: (1) For a Class A
felony, not more than $60,000; (2) For a Class B felony, not more than $30,000; (3) For a
Class C felony, not more than $15,000; (4) For a Class D felony, not more than $7,500; or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim
caused by the commission of the offense. (b) As used in this section, "gain" means
the amount of money or the value of property derived from the commission of the crime, less
the amount of money or the value of property returned to the victim of the crime or seized
or surrendered to lawful authority prior to the time sentence is imposed. "Value"
shall be determined by the standards established in subdivision (14) of Section 13A-8-1. (c)
The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
the crime...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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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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6-11-3
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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13A-6-155
Section 13A-6-155 Mandatory restitution. (a) A person or entity convicted of any violation
of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial,
or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156
applied first to payment of restitution. Restitution under this section shall include items
covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and
any of the following: (1) Costs of medical and psychological treatment, including physical
and occupational therapy and rehabilitation, at the court's discretion. (2) Costs of necessary
transportation, temporary housing, and child care, at the court's discretion. (3) Cost of
the investigation and prosecution, attorney's fees, and other court-related costs such as
victim advocate fees. (4) The greater of a. the value of the human trafficking victim's labor
as guaranteed under the minimum wage and overtime provisions of the Fair Labor...
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