Section 15-18-65 Legislative findings; purpose and construction of article. The Legislature hereby finds, declares and determines that it is essential to be fair and impartial in the administration of justice, that all perpetrators of criminal activity or conduct be required to fully compensate all victims of such conduct or activity for any pecuniary loss, damage […]
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 […]
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 […]
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 […]
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 […]
Section 15-18-70 Method of payment of restitution; payment as condition of sentence suspension or probation. When a defendant is sentenced or ordered to make restitution, the court may order payment to be made forthwith to be paid to the circuit clerk as other fines and costs are made. The court may also order restitution to […]
Section 15-18-71 Enforceability of order when defendant imprisoned; condition of parole. When a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable during the period of imprisonment when the defendant has any asset or other income or any portion thereof to which a defendant is or may be entitled. […]
Section 15-18-72 Effect of default by defendant with suspended sentence, on probation or on parole. (a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment, the court on motion of the victim or the district […]
Section 15-18-73 Restitution by corporation, partnership, etc.; default as forfeiture of right to do business. When an order of restitution is imposed upon a defendant which is a corporation, unincorporated association, partnership or other business entity, it shall be the duty of the person or persons authorized to make disbursements from the assets of such […]
Section 15-18-74 Supervision of parolee’s restitution. Whenever an offender in the custody of the Department of Corrections is paroled, the Board of Pardons and Paroles will inform him of the court’s imposition of restitution payments and the supervising parole officer will see that the schedule of payment of restitution is resumed and continued until paid […]
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 […]
Section 15-18-76 Restitution centers – Establishment and operation; cooperation of counties and municipalities. (a) The county commissions of several counties and the governing authorities of municipalities are hereby authorized to cooperate with the State Board of Pardons and Paroles in the establishment of restitution centers. Such centers shall be operated by the State Board of […]
Section 15-18-77 Restitution centers – Services; powers of Board of Pardons and Paroles, counties and municipalities. The State Board of Pardons and Paroles, the county commissions and the governing authorities of municipalities are hereby authorized to cooperate in the institution and administration of services at restitution centers as authorized in Section 15-18-76. The Board of […]
Section 15-18-78 Effect of restitution order; rights of victim, etc.; section cumulative and in pari materia with other statutes. (a) A restitution order in a criminal case shall be a final judgment and have all the force and effect of a final judgment in a civil action under the laws of the State of Alabama. […]
