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15-18-67
Section 15-18-67 Restitution hearing; order of restitution; persons entitled to be heard.
When a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary
damages or loss to a victim, the court shall hold a hearing to determine the amount or type
of restitution due the victim or victims of such defendant's criminal acts. Such restitution
hearings shall be held as a matter of course and in addition to any other sentence which it
may impose, the court shall order that the defendant make restitution or otherwise compensate
such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives
or the administrator of any victim's estate as well as the district attorney shall have the
right to be present and be heard upon the issue of restitution at any such hearings. (Acts
1980, No. 80-588, p. 928, §3.)...
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15-18-75
Section 15-18-75 Civil action by victim of crime; credit for restitution paid. Nothing
in this article limits or impairs the right of a person injured by a defendant's criminal
activities to sue or recover damages from the defendant in a civil action. Evidence that the
defendant has paid or has been ordered to pay restitution pursuant to this article may not
be introduced in any civil action arising out of the facts or events which were the basis
for the restitution. However, the court shall credit any restitution paid by the defendant
to a victim against any judgment in favor of the victim in such civil action. If conviction
in a criminal trial necessarily decides the issue of a defendant's liability for pecuniary
damages for a victim, that issue is conclusively determined as to the defendant, if it is
involved in a subsequent civil action. (Acts 1980, No. 80-588, p. 928, §11.)...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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15-18-66
Section 15-18-66 Definitions. As used in this article, the following words and terms
shall have the meanings respectively ascribed by this section: (1) CRIMINAL ACTIVITIES.
Any offense with respect to which the defendant is convicted or any other criminal conduct
admitted by the defendant. (2) PECUNIARY DAMAGES. All special damages which a person shall
recover against the defendant in a civil action arising out of the facts or events constituting
the defendant's criminal activities; the term shall include, but not be limited to the money
or other equivalent of property taken, broken, destroyed, or otherwise used or harmed and
losses such as travel, medical, dental or burial expenses and wages including but not limited
to wages lost as a result of court appearances. (3) RESTITUTION. Full, partial or nominal
payment of pecuniary damages to the victim or to its equivalent in services performed or work
or labor done for the benefit of the victim as determined by the court of record. (4)...
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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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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision
of Section 8-5-21, or any other law of this state to the contrary, notwithstanding,
and in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any original decree, judgment or order issued by any
court for the payment of restitution may, on motion of the victim, district attorney, probation
or parole officer, or the court, include an order directing any employer of the defendant
to withhold and pay over to the clerk of the court, out of the employment income due or to
become due the defendant at each pay period, an amount ordered to be paid as restitution.
(2) Such order shall recite the amount of the restitution obligation and shall require the
employer to withhold a definite amount from such income due or becoming due at each pay period
and pay such amount to the clerk of the court. Provided, if the restitution is...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder
by the defendant during a kidnapping in the first degree or an attempt thereof committed by
the defendant. (2) Murder by the defendant during a robbery in the first degree or an attempt
thereof committed by the defendant. (3) Murder by the defendant during a rape in the first
or second degree or an attempt thereof committed by the defendant; or murder by the defendant
during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt
thereof committed by the defendant. (5) Murder of any police officer, sheriff, deputy, state
trooper, federal law enforcement officer, or any other state or federal peace officer of any
kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether
the defendant knew or should have known the victim was an officer or guard on...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one
of the following minimum criteria shall be considered eligible for punishment in the community
under this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior.
In reaching this determination, the court may consider prior convictions and other acts not
resulting in conviction or criminal charges, and the offender's behavior while in state or
county confinement. (c) The eligibility criteria established in this section shall
be interpreted as guidelines for the benefit of the court in making a determination of...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for
violations. (a) It shall be the duty of the commission to control pollution in the waters
of the state, and it shall specifically have the following powers: (1) To study and investigate
all problems concerned with the improvement and conservation of the waters of the state; (2)
To conduct, independently and in cooperation with others, studies, investigation and research
and to prepare, or in cooperation with others prepare, a program or programs, any or all of
which shall pertain to the purity and conservation of the waters of the state or to the treatment
and disposal of pollutants or other wastes, which studies, investigations, research and program
or programs shall be intended to result in the reduction of pollution of the waters of the
state according to the conditions and particular circumstances existing in the various communities
throughout the state; and (3) To propose remedial measures...
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15-18-69
Section 15-18-69 Objections to order; statement of findings. At such restitution hearings,
the defendant, the victim, the district attorney, or other interested party may object to
the imposition, amount or distribution of restitution or the manner or method thereof and
the court shall allow all such objections to be heard and preserved as a matter of record.
The court shall thereafter enter its order upon the record stating its findings and the underlying
facts and circumstances thereof. (Acts 1980, No. 80-588, p. 928, §5.)...
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