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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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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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15-23-72
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide
to the victim the date of a conviction, acquittal, or dismissal of the charges filed against
the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal
offense for which the defendant was convicted, acquitted, or the effect of a dismissal of
the charges filed against the defendant. (2) If the defendant is convicted, on request, the
victim shall be notified, if applicable, of the following: a. The existence and function of
the pre-sentence report. b. The name, address, and telephone number of the office of the Board
of Pardons and Paroles which is preparing the pre-sentence report. c. The right to make a
victim impact statement. d. The right of the defendant to view the pre-sentence report. e.
The right to be present and be heard at any sentencing proceeding. f. The time, place, and
date of the sentencing proceeding. g. If the court orders restitution, the...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the testimony in person at trial may have on the victim or witness, along with
any other relevant matters that may be required by Supreme Court rule. (c) During the taping
of a videotaped deposition authorized pursuant to this section, 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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15-12-25
Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; default. (a)(1)
A court may require a convicted defendant to pay the fees of court appointed counsel. Fees
of court appointed counsel for the purposes of this section, shall mean any attorney's fees
and expenses paid an appointed counsel, contract counsel, or public defender. (2) The court
shall not order a defendant to pay the fees of court appointed counsel unless the defendant
is or will be able to pay them. In determining the amount and method of payment of these fees,
the court shall take into account the financial resources of the defendant and the nature
of the burden that payment of the fees will impose. A defendant who has been ordered to pay
the fees of court appointed counsel and who is not in contumacious default in the payment
thereof may at any time petition the court which sentenced him or her for remission of the
payment of these fees or of any unpaid portion thereof. If it appears to the...
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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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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
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