Section 15-23-72 – Right to Pre-Sentence Information.
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 […]
Section 15-23-73 – Impact Statement; Right to Review Pre-Sentence Investigative Report.
Section 15-23-73 Impact statement; right to review pre-sentence investigative report. (a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the […]
Section 15-23-74 – Right to Present Evidence, Statement, etc., During Sentencing or Restitution Proceedings.
Section 15-23-74 Right to present evidence, statement, etc., during sentencing or restitution proceedings. The victim has the right to present evidence, an impact statement, or information that concerns the criminal offense or the sentence during any pre-sentencing, sentencing, or restitution proceeding. (Acts 1995, No. 95-583, p. 1234, §15.)
Section 15-23-75 – Right to Information Concerning Defendant’s Sentence, Request for Notice, Post-Conviction Review, Etc.
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 […]
Section 15-23-76 – Right to Be Present and Heard at Court Proceeding.
Section 15-23-76 Right to be present and heard at court proceeding. It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with […]
Section 15-23-77 – Right to Have Property Returned.
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim […]
Section 15-23-78 – Right to Information From Agency Having Physical Custody of Prisoner.
Section 15-23-78 Right to information from agency having physical custody of prisoner. Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information: (1) Notice of an end of sentence release within 15 days prior to the end of the sentence of the […]
Section 15-23-79 – Submission of Victim’s Statement Into Prisoner’s Records.
Section 15-23-79 Submission of victim’s statement into prisoner’s records. (a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner’s Department of Corrections records. The statement shall be considered during any review for […]
Section 15-23-64 – Prosecuting Attorney Required to Confer With Victim Prior to Final Disposition of Offense.
Section 15-23-64 Prosecuting attorney required to confer with victim prior to final disposition of offense. The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs. (Acts 1995, No. 95-583, […]
Section 15-23-80 – Facility With Custody of Defendant to Send Victim Release Opinion.
Section 15-23-80 Facility with custody of defendant to send victim release opinion. Upon written request of the victim, the Alabama Department of Mental Health and Mental Retardation, or other facility with custody of the criminal defendant, shall send the victim a copy to the address stated in the request, of its release opinion which was […]