Code of Alabama - Title 15: Criminal Procedure - Chapter 18 - Sentence and Punishment

• Article 1 General Provisions.
• Section 15-18-1 Legal punishments; sentencing; liability of Department of Corrections for costs
  (a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county...
• Section 15-18-4 Service of state sentence concurrently with federal sentence in federal penal system
  When an offender who is under sentence from a federal court is convicted in a state court, the state judge, in his discretion, may impose...
• Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial
  (a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his...
• Section 15-18-6 Credit towards sentence for time spent incarcerated - Time between recapture and return to penal system for recaptured escapees
  An escapee from a state penal institution who is recaptured and returned to custody shall be credited with all of his actual time spent incarcerated...
• Section 15-18-7 Applicability of Sections 15-18-5 and 15-18-6 to prisoners presently incarcerated
  Sections 15-18-5 and 15-18-6 shall be applicable to any prisoner presently incarcerated who comes within the purview of Sections 15-18-5 and 15-18-6.
• Section 15-18-8 Terms of confinement, etc.; probation
  (a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that constitutes a...
• Section 15-18-8.1 Rules and regulations
  Any and all rules and regulations issued by the Commissioner of the Alabama Department of Corrections pursuant to the provisions of Section 15-18-8 shall be...
• Section 15-18-9 Penalties for persons previously convicted of felonies
  In all cases when it is shown that a criminal defendant has been previously convicted of any felony and after such conviction has committed another...
• Article 2 Punishment Fixed by Court.
• Section 15-18-21 Offense punishable by imprisonment in county jail
  When an offense is punishable by imprisonment in the county jail, such imprisonment must be imposed by the court, unless the discretion is expressly conferred...
• Article 3 Punishment Fixed by Jury.
• Article 4 Costs and Fines.
• Section 15-18-60 When prosecutor liable for costs
  When an indictment is for a misdemeanor and the court is of opinion that the prosecution is frivolous or malicious, the prosecutor is liable for...
• Section 15-18-61 Confession of judgment by prosecutor for costs
  When the costs are imposed on the prosecutor, he may confess judgment for the same, with good and sufficient sureties; and, failing to do so...
• Section 15-18-62 Imprisonment for failure to pay fines and costs
  In cases of willful nonpayment of the fine and costs, the defendant shall either be imprisoned in the county jail or, at the discretion of...
• Section 15-18-63 Imposition of additional hard labor to pay costs; when defendant discharged
  Repealed by Act 2002-415, p. 1060, §2, effective April 17, 2002.
• Section 15-18-64 Court to retain jurisdiction for purposes of collecting court-ordered fines, fees, costs, or restitution
  (a) In every instance, the court shall retain jurisdiction of any person who reaches the end of his or her sentence, received a termination of...
• Article 4A Restitution to Victims of Crimes.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Article 5 Death Penalty.
• Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person; return of receipt; compensation of sheriff
  (a) Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence...
• Section 15-18-81 Confinement until execution; certain persons may visit condemned person
  Upon the receipt of a condemned person by the warden of Holman prison, he shall be confined therein until the time for his execution arrives;...
• Section 15-18-82 When, where, and by whom executions conducted
  (a) Where the sentence of death is pronounced against a convict, the sentence shall be executed at any hour on the day set for the...
• Section 15-18-82.1 Methods of execution; election of method; constitutionality
  (a) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution or nitrogen...
• Section 15-18-83 Persons who may be present at execution
  (a) The following persons may be present at an execution and none other: (1) The executioner and any persons necessary to assist in conducting the...
• Section 15-18-84 Rearrest and execution of person escaping before execution
  (a) If a condemned person escapes after sentence and before his delivery to the warden from Holman prison and is not rearrested until after the...
• Section 15-18-85 Return of execution warrant, certificate and statements; payment for transportation of body
  (a) When execution of sentence is suspended or respited to another date, the same shall be noted on the warrant for execution, and on the...
• Section 15-18-86 Procedure when condemned female believed pregnant
  (a) If there is reason to believe that a female convict is pregnant, the sheriff must, with the concurrence of a judge of the circuit...
• Article 6 Stay of Execution.
• Section 15-18-100 Postponing execution of sentence pending commutation or pardon
  When any defendant is convicted and sentenced to death or to imprisonment in the penitentiary, the presiding judge, if he is of the opinion that...
• Article 7 Inmate Community Reintegration Program.
• Section 15-18-110 Short title
  The short title of this article is "The Inmate Community Reintegration Under SIR Act."
• Section 15-18-111 Definitions
  As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) DEPARTMENT. The...
• Section 15-18-112 Extension of limits of confinement authorized
  In order to provide for the individual supervision and placement of an inmate in the community to obtain employment and place of residence in order...
• Section 15-18-113 Eligibility
  The department may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of the limits...
• Section 15-18-114 Investigation by department regarding inmate suitability; notice required; objections
  Employees of the department are authorized to make investigations and recommendations concerning the suitability of certain inmates for the program and otherwise to assist the...
• Section 15-18-115 Restitution; schedule of payment; disposition of unclaimed, etc., funds
  When an inmate is placed in the Supervised Intensive Restitution program, and has been ordered by a court of this state to make restitution to...
• Section 15-18-116 Forty-hour workweek required
  Each inmate participating in the program shall participate in a 40-hour workweek of paid private employment, public service work program, or a combination of both.
• Section 15-18-117 Supervision charge authorized
  The department is authorized to charge each inmate participating in the program a weekly amount for supervision costs, which shall not exceed 25 percent of...
• Section 15-18-118 Legal status of inmate involved in free community, etc
  No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department while...
• Section 15-18-119 Annual report required
  The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor,...
• Section 15-18-120 Commissioner required to promote public understanding of program, etc
  The commissioner shall promote public understanding of the provisions of this article as well as encourage the cooperation of all state agencies involved in implementing...
• Section 15-18-121 Penalty for failure to remain within limits of confinement, etc
  The willful failure of an inmate to remain within the extended limits of the inmate's confinement, or to willfully return within the time prescribed to...
• Section 15-18-122 Exemption of program from Administrative Procedure Act
  The Supervised Intensive Restitution (SIR) program is hereby exempted from the Administrative Procedure Act.
• Section 15-18-123 Legislative review authorized
  The provisions of this article, and the activities herein authorized, shall be subject to the review and recommendations of an oversight committee which shall be...
• Article 8 Alabama Restitution Withholding.
• Section 15-18-140 Short title
  This article shall be known as and may be cited as "The Alabama Restitution Withholding Act."
• Section 15-18-141 Legislative findings, etc
  The Legislature hereby finds, determines and declares that the right of crime victims to restitution is and ought to be intimately affected with the public...
• Section 15-18-142 Definitions
  Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, in...
• Section 15-18-143 Employment income withholding order - Generally
  (a)(1) Any provision of Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition to any other remedy which...
• Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld or attached
  (a) Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be...
• Section 15-18-145 Employment income withholding order - Nature of order
  Any order issued pursuant to the provisions of this article shall be a continuing order and shall remain in effect and be binding upon the...
• Section 15-18-146 Employment income withholding order - Service
  (a) A copy of any order issued pursuant to the provisions of this article shall be served by the clerk of the court wherein such...
• Section 15-18-147 Employment income withholding order - Receipt and disposition of income, etc
  When any court order issued pursuant to the provisions of this article requires any employment income, other income or any asset or portion thereof to...
• Section 15-18-148 Employment income withholding order - Penalty for noncompliance
  Any person who willfully refuses to comply with any court order issued pursuant to the provisions of this article directing such person to withhold, deliver,...
• Section 15-18-149 Employment income withholding order - Person complying protected from actions for wrongful conversion, etc
  Any person who complies with any order or other process issued pursuant to the provisions of this article shall not in any way be held...
• Section 15-18-150 Employment income withholding order - Priority
  Any order issued pursuant to the provisions of this article directing any person to withhold, convey, assign, transfer, deliver, disburse or pay over any employment...
• Section 15-18-151 Employment income withholding order - Alteration, modification, etc
  Any court order issued pursuant to the provisions of this article may be altered, modified or rescinded upon the filing of a petition by the...
• Article 9 Community Punishment and Corrections.
• Section 15-18-170 Short title
  This article shall be known as the "Alabama Community Punishment and Corrections Act."
• Section 15-18-171 Definitions
  As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS AND PROCEDURES. The...
• Section 15-18-171.1 Community Corrections Division
  The Community Corrections Division is created in the Department of Corrections. The division shall be responsible for implementing and administering this article and any provisions...
• Section 15-18-172 Establishment of program; funding; rules and regulations; participation in program; alternatives
  (a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody...
• Section 15-18-173 Goals
  The goals of the community punishment and corrections act are: (1) To promote accountability of offenders to their local community by requiring direct financial restitution...
• Section 15-18-174 Powers, duties, authority of department
  In addition to those otherwise provided by law, the department shall have the following powers, duties, and authority: (1) Monitor the community punishment and corrections...
• Section 15-18-175 Eligibility; exclusion; sentencing
  (a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article: (1) Persons...
• Section 15-18-176 Submission and format of plan; application process and procedures; participation voluntary
  (a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the...
• Section 15-18-177 Drafting of plan
  The proposed community punishment and corrections plan may be drafted by an authority established under this article, or in lieu of the establishment of an...
• Section 15-18-178 Eligibility for contracts or grants; common facilities and cost sharing
  (a) Any county program or authority formed by one or more counties under this article shall be eligible to apply for direct and continuing financial...
• Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board of directors; dissolution; funding; competitive bidding laws not applicable
  (a) A public corporation may be organized as a community punishment and corrections authority pursuant to this article in any county or group of counties...
• Section 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate wages
  (a) Community punishment and corrections funds may be used to develop or expand the range of community punishments and services at the local level. Community-based...
• Section 15-18-180.1 Utilization of faith-based or nonprofit treatment services
  In addition to facilities utilizing evidence-based practices, a sentencing court may also utilize a faith-based or nonprofit facility that is exempt from Act 2015-185 pursuant...
• Section 15-18-181 Administrative costs; uniform accounting system; reports and records audited annually
  (a) Administrative costs connected with the expenditures of community punishment and corrections funds under this article shall not exceed a percentage amount established by the...
• Section 15-18-182 Eligibility for continued grant funding; additional incentive funding; noncompliance with plan
  (a) In order to remain eligible for continued grant funding, a recipient must substantially comply with the requirements of this article and the standards and...
• Section 15-18-183 Recovery of damages; exemption from civil liability
  The recovery of damages under any judgment or judgments against an authority established under this section shall be limited to one hundred thousand dollars ($100,000)...
• Section 15-18-184 Authority to maintain general liability insurance
  An authority or nonprofit entity contracting with the department under this article shall maintain appropriate liability insurance in an amount sufficient to insure against loss...
• Section 15-18-185 Inmate with medical condition in which treatment exceeds $2,000 to be transferred to department
  In the event a state inmate, as defined in this article, participating in a community punishment and corrections program develops a medical condition which, in...
• Section 15-18-186 State-County Community Corrections Partnership Fund
  (a) There is created the State-County Community Corrections Partnership Fund in the State Treasury, which shall consist of all monies paid into the State Treasury...
• Article 10
• 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...

Last modified: May 3, 2021