Code of Alabama

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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted
person on probation. Circuit courts and district courts, subject to the provisions and conditions
hereinafter provided, may suspend execution of sentence and place on probation any person
convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not
be permitted to waive placement on probation by the sentencing court. The court shall have
no power to suspend the execution of sentence imposed upon any person who has been found guilty
and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15
years. Except as provided in the preceding sentence, the court, after a plea of guilty, after
the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty
by the court, may suspend execution of sentence and place the defendant on probation, or may
impose a fine within the limits fixed by law and also place the...
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30-4-59
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 into recognizance or bond, with or without surety in the discretion of said judge,
in such sum as said judge may order and approve. The conditions of said bond shall be such
that if the said defendant shall make his personal appearance in the juvenile court
at stated times or whenever ordered to do so by the judge thereof within one year and shall
further comply with the terms of such order of support or of any subsequent modification thereof,
then such bond or recognizance shall be void, otherwise to remain in full force and effect.
(Acts 1919, No. 181, p. 176; Code 1923, §4488; Code 1940, T. 34, §98.)...
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45-27-82
Section 45-27-82 Recovery of court costs. (a) The office of the district attorney serving Escambia
County, Alabama, shall be allowed to establish a court cost recovery division for the purpose
of collecting assessments, costs, fees, fines, or forfeitures due to be paid to the State
of Alabama, Escambia County, municipalities within Escambia County, or any agency or subdivision
of these governments as a result of any court action or proceeding. (b) 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 assessments, crime victims' compensation
assessments, or like assessments in any civil or criminal proceeding ordered by the court
to be paid to the state or municipality have been paid or are in default and the default has
not been vacated. Upon notification to the district attorney, the court cost recovery division
of the district attorney's office may collect or enforce the...
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12-19-315
Section 12-19-315 Jurisdiction. The court shall maintain jurisdiction to collect restitution,
fees, fines, costs, and other court ordered monies beyond the termination of a defendant's
sentence or probation. (Act 2012-535, p. 1582, §6.)...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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13A-5-8.1
Section 13A-5-8.1 Termination from alternative programs. If a defendant is participating in
a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32,
a court ordered faith-based program, or any other court ordered rehabilitative program and
is subsequently terminated from that program, the court may then order that the defendant
be confined in either a prison, jail-type institution, treatment institution, or a consenting
community corrections program. The court shall impose a sentence length that complies with
either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable.
Nothing in this section shall preclude the court from imposing a split sentence under Section
15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall
limit the court's discretion with regard to any defendant ordered to participate in a court
supervised evidence-based treatment program, as that term is defined...
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15-22-54.1
Section 15-22-54.1 Resentencing. (a) Any person now serving a prison sentence based on revocation
of probation who would have been an eligible offender as defined in Section 15-22-54 at the
time of revocation shall be entitled to be resentenced upon petition to the sentencing court.
Such petition shall be on a form and filed in the manner prescribed by the Administrative
Office of Courts. Petitions shall be considered authorized motions for modification of sentence,
assigned a unique identifier by the Administrative Office of Courts, and shall not require
payment of a filing fee. (b) The court shall have jurisdiction to resentence the offender
in accordance with the terms of this section, upon a showing of the following: (1) The petitioner
met all requirements of an eligible offender as defined in Section 15-22-54 at the time of
revocation. (2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary
only as a result of administrative violations of...
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15-23-75
Section 15-23-75 Right to information concerning defendant's sentence, request for notice,
post-conviction review, etc. The victim has the right to the following information: (1) As
soon as practicable, after the date of sentencing, the office of the prosecuting attorney
shall notify the victim of the sentence imposed on the defendant. (2) The names, addresses,
and telephone numbers of the appropriate agencies and departments to whom request for notice
should be provided. (3) The status of any post-conviction court review or appellate proceeding
or any decisions arising from those proceedings shall be furnished to the victim by the Office
of the Attorney General or the office of the district attorney, whichever is appropriate,
immediately after the status is known. (4) If the terms and conditions of a post-arrest release
include a requirement that the accused post a bond, the sheriff or municipal jailer shall,
upon request, notify the victim of the release on bond of the defendant. (5)...
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45-17-232
Section 45-17-232 Day reporting system. (a) This section shall be applicable only in Colbert
County. (b) Any person who has been committed to the county jail in Colbert County under a
criminal sentence imposed by the Circuit or District Court of Colbert County, and who has
been released on a suspended sentence shall report to the probation office of Colbert County.
The probation officer at his or her discretion shall require the person to report at regular
intervals, for the sole purpose of the collection of court costs, fines, and other penalties
and fees assessed against the convicted person by the probation officer. (c) The probation
officers of Colbert County, Alabama, shall remit fines, assessments, court costs, and restitution
assessed against the persons to the Colbert County Circuit Clerk. The probation officers shall
be allowed to charge the convicted persons a day reporting fee of 20 percent of the net weekly
income of the person and may charge a minimum of ten dollars ($10)...
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