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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing
and analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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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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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond.
If at any time the judge of the juvenile court is satisfied, by sufficient proof upon due
notice and hearing, that the defendant has violated the terms of any such order of support
or the terms of any such probation bond, said judge may forthwith, or after further probation,
make and enter an order setting aside such suspension of said judgment and sentence, and may
issue a warrant for the arrest of such defendant, and may, upon such arrest, commit him to
jail or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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45-16-82.63
Section 45-16-82.63 Notice of defaults; collection of funds. The court, the clerk of
the court, or a probation officer shall notify the district attorney in writing when any bail
bond forfeitures, court costs, fines, penalty payments, crime victims' restitution, or victims'
compensation assessments or like payments in any civil or criminal proceeding ordered by the
court to be paid to the state or to crime victims have not been paid or are in default and
the default has not been vacated. Upon written notification to the district attorney, the
restitution recovery division of the district attorney's office may collect or enforce the
collection of funds that have not been paid or that are in default which, under the direction
of the district attorney, are appropriate to be processed. In no event shall a court, court
clerk, or probation officer notify the district attorney in less than 90 days from the date
the payments are due to be paid in full. (Act 95-352, p. 718, §4.)...
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45-2-81.73
Section 45-2-81.73 Written notice of defaults - Enforcement of the collection of fund.
The court, the clerk of the court, or a probation officer shall notify the district attorney
in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims'
restitution, or victims' compensation assessments or like payments in any civil or criminal
proceeding ordered by the court to be paid to the state or to crime victims have not been
paid or are in default and the default has not been vacated. Upon written notification to
the district attorney, the Restitution Recovery Division of the district attorney's office
may collect or enforce the collection of funds that have not been paid or that are in default
which, under the direction of the district attorney, are appropriate to be processed. In no
event shall a court, court clerk, or probation officer notify the district attorney in less
than 90 days from the date the payments are due to be paid in full. (Act 94-667, p....
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45-35-232.20
Section 45-35-232.20 Work release for gainful employment conducive to rehabilitation.
A person who has been sentenced or committed to the county jail in Houston County, from a
city court, district court, circuit court, or other court with appropriate jurisdiction, under
a criminal sentence, including a person sentenced to a state prison or into the custody of
the Department of Corrections who has been deemed not to be a threat to the community and
who has not been transferred to a Department of Corrections' facility may be released at the
discretion of the sentencing court, either on its motion or upon the motion of the defendant,
at the time of sentence or at any time during the term of sentence, for the purpose of obtaining
and working at gainful employment or for other purposes as the court may deem conducive to
rehabilitation, for such time or intervals of time and under the terms and conditions as the
court may order. Any part of a day spent outside of jail under a release order...
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45-45-83.73
Section 45-45-83.73 Written notice of defaults - Collection, enforcement of funds. The
court, the clerk of the court, or a probation officer shall notify the district attorney in
writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims'
restitution, or victims' compensation assessments or like payments in any civil or criminal
proceeding ordered by the court to be paid to the state or to crime victims have not been
paid or are in default and the default has not been vacated. Upon written notification to
the district attorney, the restitution recovery division of the district attorney's office
may collect or enforce the collection of funds that have not been paid or that are in default
which, under the direction of the district attorney, are appropriate to be processed. In no
event shall a court, court clerk, or probation officer notify the district attorney in less
than 90 days from the date the payments are due to be paid in full. (Act 94-413, p....
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12-22-194
Section 12-22-194 Report on financial condition of petitioner. The trial court, either
before, after or during said hearing, may designate a probation officer of the court or may
designate the county Department of Human Resources to make inquiry and ascertain facts concerning
the financial condition and ability of defendant or petitioner, and it shall be the duty of
such agencies to investigate and file a written report of its findings with the trial judge.
Such report shall state with certainty any and all sources from which the defendant or petitioner
could be expected to obtain financial aid to pay such fees. (Acts 1961, Ex. Sess., No. 62,
p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime
of domestic violence in the first degree if the person commits the crime of assault in the
first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section
13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim
is a current or former spouse, parent, step-parent, child, step-child, any person with whom
the defendant has a child in common, a present household member, or a person who has or had
a dating relationship with the defendant. (2) For the purposes of this section, a household
member excludes non-romantic or non-intimate co-residents, and a dating relationship means
a current or former relationship of a romantic or intimate nature characterized by the expectation
of affectionate or sexual involvement by either party. (b) Domestic violence in the first
degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment
of...
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