reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-114 - Investigation by Department Regarding Inmate Suitability; Notice Required; Objections.

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 commissioner in the implementation of the program authorized by this article. Provided, however, before an inmate can come under the SIR program, the sentencing judge and district attorney shall be given 10 days' written notice. Provided, however, before an inmate can come under the SIR program, the victim who has received physical injury or bodily harm as a result of the crime for which the inmate was incarcerated shall receive notice in the form of a letter from the district attorney or prosecuting attorney at the last known address, one week prior to the inmate going on the SIR program. Provided, further, the district attorney or prosecuting attorney involved in prosecution of said inmate shall receive written notice from the Department of Corrections in the form of a certified letter two weeks prior to the inmate going on the SIR program.
If the victim has received physical injury or bodily harm as a result of the offense, the district attorney or his assistant may represent the victim in communicating his or her objections to the Commissioner of the Department of Corrections.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-115 - Restitution; Schedule of Payment; Disposition of Unclaimed, etc., Funds.

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 his victim, it shall be made a condition of his participation in the program that he make restitution payments to the victim until the restitution is paid in full. Where restitution to the victim has not been ordered by a court of this state as part of an inmate's sentence, the commissioner may require, as a condition of the inmate's participation in the program, that the inmate agree to an amount of restitution to be paid to the victim through the circuit clerk of the county where the crime was committed which amount shall be set by the commissioner. Any funds not paid out or which are unclaimed after 12 months shall be transferred by the circuit clerk having custody thereof to the State General Fund. The supervising correctional officer will see that a schedule of payment of restitution is established and continued until paid in full.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-116 - Forty-Hour Workweek Required.

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.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-117 - Supervision Charge Authorized.

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 the adjusted gross weekly income of the inmate. Such sums shall be retained by the department and placed in a fund in the State Treasury to defray the expense of administering this program and is hereby appropriated therefor.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-118 - Legal Status of Inmate Involved in Free Community, Etc.

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 involved in the free community or while going to and from employment or other specified areas.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-119 - Annual Report Required.

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, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administration and suggestions as deemed advisable.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-120 - Commissioner Required to Promote Public Understanding of Program, Etc.

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 the provisions of this article.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-121 - Penalty for Failure to Remain Within Limits of Confinement, Etc.

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 the place of confinement designated by the commissioner or his agent, shall be deemed as an escape from the custody of a penal facility and shall be punishable as prescribed by law.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-122 - Exemption of Program From Administrative Procedure Act.

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.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-123 - Legislative Review Authorized.

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 composed of the Chief Examiner of Public Accounts, the State Finance Director, and the chairman of the permanent legislative committee on the Board of Corrections management and performance evaluation as created by Act No. 76-84 of the Legislature of Alabama, as amended, which said committee shall continue and function for so long as the provisions of this article are in effect.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §14.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-140 - Short Title.

Section 15-18-140
Short title.
This article shall be known as and may be cited as "The Alabama Restitution Withholding Act."
(Acts 1984, No. 84-370, p. 859, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-141 - Legislative Findings, Etc.

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 interest.
The Legislature further hereby finds, determines, and declares that convicted criminals should be required to fully compensate the victims of their unlawful activity, and to that end, our judicial system should be empowered to strictly enforce judicial decrees or orders which require convicted criminals to pay restitution.
The Legislature further finds, determines, and declares that among such judicial powers should be the power of a court to order the withholding of a convicted criminal's income, or the attachment of such criminal's assets or a portion thereof for the purpose of satisfying such restitution orders.
Further, the Legislature finds, determines, and declares that the strict enforcement of restitution orders will and ought to serve as a real and meaningful deterrent to crime.
The provisions of this article are to be construed so as to accomplish these purposes and to promote the same which is hereby declared to be the public policy of this state.
(Acts 1984, No. 84-370, p. 859, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-142 - Definitions.

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 the singular or plural case, the following terms shall mean:
(1) PERSON.
a. A human being.
b. A public or private corporation, an unincorporated association, a partnership, or other entity established by law.
c. A government or governmental instrumentality, including, but not limited to the State of Alabama or any political subdivision thereof.
(2) RESTITUTION. An amount of money ordered by a court to be paid to a clerk or other person by a defendant for the use and benefit of a victim of the defendant's criminal offense.
(3) DEFENDANT. A person, as defined, who has been ordered by a court to pay restitution.
(4) CRIMINAL OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(5) EMPLOYMENT INCOME. Wages, salary, tips, commissions, bonuses, any and all money due or payable to which a defendant is or may be entitled based upon remuneration for employment, past, present or future, less deductions therefrom required to be withheld by law.
(6) OTHER INCOME.
a. Any money or any negotiable instruments or any portion thereof to which a defendant is or may be entitled from the sale, transfer, conveyance, or assignment of any real or personal property or other thing of value.
b. Any money or any negotiable instrument or any portion thereof to which the defendant is or may be entitled, directly or indirectly, as a result of profits, fees, rents, refunds, rebates, commissions, gifts, bequests, devises, annuities, dividends, royalties, money or property on deposit or in escrow or trust, interest, accounts receivable, choses in action or other transactions.
(7) ASSETS. Any money, legal tender, real or personal property or other thing of value to which the defendant is or may be entitled less and except any exemption established by law for a person other than a defendant.
(8) EMPLOYER. A person who owes or will owe any wages, salary, tips, commissions, bonuses, or money to defendant as remuneration for employment, past, present, or future, after deducting any amounts required to be withheld by law.
(9) COURT. Any circuit or district court of this state.
(10) CLERK OF THE COURT or CLERK. Any circuit court clerk, circuit court register, district court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court's clerical duties, including the receipt and disbursement of restitution payments, or another person, other than the victim, designated by the court to receive or distribute the payment of restitution.
(11) VICTIM. A person designated by a court in a restitution order to receive restitution.
(Acts 1984, No. 84-370, p. 859, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-144 - Employment Income Withholding Order - Assets of Defendant to Be Withheld or Attached.

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 hereafter provided by law for the enforcement or collection of a restitution order, any decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant's restitution obligation. If the prison authority reasonably believes that the defendant's outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant's outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.
(b) The Alabama Department of Corrections may promulgate reasonable rules to effectuate the intent of this section.
(Acts 1984, No. 84-370, p. 859, §5; Act 2009-632, p. 1937, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-145 - Employment Income Withholding Order - Nature of Order.

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 person on whom a copy is served until or unless further orders of the court are issued and served.
(Acts 1984, No. 84-370, p. 859, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-146 - Employment Income Withholding Order - Service.

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 order was issued or by another person designated by such court.
(b) A copy of any order issued pursuant to the provisions of this article may be served by certified mail, return receipt requested. When served by certified mail, return receipt requested, the actual cost thereof shall be taxed or assessed against the defendant at the time such order is issued.
(Acts 1984, No. 84-370, p. 859, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-147 - Employment Income Withholding Order - Receipt and Disposition of Income, Etc.

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 be withheld, or attached and paid over, conveyed, assigned, delivered or otherwise transferred to the clerk of the court, it shall be the duty and responsibility of such clerk to receive such income or asset and convey, assign, transfer, or disburse the same to the victim in accordance with the defendant's restitution obligation as the court issuing such order may direct.
(Acts 1984, No. 84-370, p. 859, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-148 - Employment Income Withholding Order - Penalty for Noncompliance.

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, or pay over any employment income, or other income or to convey, assign, transfer, deliver, or disburse any other income or asset may be deemed in contempt of court and may be held liable to the victim for any restitution lost.
(Acts 1984, No. 84-370, p. 859, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-149 - Employment Income Withholding Order - Person Complying Protected From Actions for Wrongful Conversion, Etc.

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 liable to the defendant or other person claiming any rights derived from the defendant for wrongful withholding or wrongful conversion of any asset or income.
(Acts 1984, No. 84-370, p. 859, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-150 - Employment Income Withholding Order - Priority.

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 income, other income, or asset or requiring the attachment thereof, shall have priority over any writ or notice of garnishment or process or writ of attachment subsequently served on such person; provided, however, an employment income withholding order issued pursuant to this article shall not have priority over any employment income withholding order or notice of garnishment for the support of a defendant's dependent children; and provided further, that any court order for employment income withholding issued pursuant to this article may exceed the maximum amounts which is or may be hereafter prescribed by law for garnishment proceeding in Alabama.
(Acts 1984, No. 84-370, p. 859, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 8 - Alabama Restitution Withholding. › Section 15-18-151 - Employment Income Withholding Order - Alteration, Modification, Etc.

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 defendant, district attorney, or the victim for good and sufficient cause shown by a preponderance of the evidence.
(Acts 1984, No. 84-370, p. 859, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-170 - Short Title.

Section 15-18-170
Short title.
This article shall be known as the "Alabama Community Punishment and Corrections Act."
(Acts 1991, No. 91-441, p. 795, §1; Act 2003-353, p. 930, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-171.1 - Community Corrections Division.

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 of law relating to the operation and management of a community-based sentencing program. The division shall employ an executive management staff consisting of a director and such other necessary employees for which funds are available. The director of the division and staff shall be Merit System employees of the state and the director shall report directly to the Commissioner of the Department of Corrections.
(Act 2003-353, p. 930, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-173 - Goals.

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 to be made to victims of crime and that community service be made to local governments and community agencies representing the community;
(2) To provide a safe, cost-efficient, community punishment and correctional program which provides punishments through the development of a range of sanctions and community services available for the judge at sentencing;
(3) To reduce the number of offenders committed to correctional institutions and jails by punishing such offenders in alternative punishment settings;
(4) To provide opportunities for offenders demonstrating special needs to receive services that enhance their abilities to provide for their families and become contributing members of their community; and
(5) To encourage the involvement of local officials and leading citizens in their local punishment and correctional system.
(Acts 1991, No. 91-441, p. 795, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-174 - Powers, Duties, Authority of Department.

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 program within the goals and mandates established herein.
(2) Conduct statewide public education programs concerning the purposes and goals as established herein and make an annual report to the Prison Oversight Committee of the Legislature and the Alabama Sentencing Commission regarding the effectiveness of diversion of offenders from state and local correctional institutions. This annual report should also include data showing the impact of diversion of offenders by race, gender, and location of the offender.
(3) Provide technical assistance to local governments, authorities and other nonprofit entities and agencies, and local community punishment and corrections advisory boards regarding development of a community punishment and corrections program.
(4) Develop minimum standards, policies, and administrative rules for the statewide implementation of this article.
(5) Develop and implement by rule an application process and procedure.
(6) Review community punishment and corrections plans and award contracts or grants.
(7) Conduct an audit and annual program evaluation of programs receiving contracts or grants to ensure program accountability.
(8) Require community punishment and corrections plans and programs to incorporate uniform statewide evidence-based practices as defined in Section 12-25-32, subject to available resources, when supervising, treating, or providing for the treatment of offenders.
(9) Provide training for community punishment and corrections programs and employees relating to offender supervision and the utilization of evidence-based practices as defined in Section 12-25-32 in the supervision and treatment of offenders.
(10) Require community punishment and corrections programs to provide particular treatment and supervision based on the offender's risk of reoffending through use of a validated risk and needs assessment, as defined in Section 12-25-32, conducted by the program and, to the extent practicable, to prioritize treatment and supervision resources, as well as behavioral health assessment and treatment referral services, on those offenders who have the highest risk of reoffending as determined by a validated risk and needs assessment. The department shall utilize services available for veterans and servicemen and shall annually collaborate with the Department of Veterans Affairs to confirm behavioral and treatment services that are appropriate for referral.
(Acts 1991, No. 91-441, p. 795, §5; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-177 - Drafting of Plan.

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 authority, a county or another qualifying nonprofit entity as described in subsection (b) of Section 15-18-178.
(Acts 1991, No. 91-441, p. 795, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-178 - Eligibility for Contracts or Grants; Common Facilities and Cost Sharing.

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 contracts and grants under the article.
(b) A nonprofit entity other than a community punishment and corrections authority may be eligible under the provisions of this article to receive grants or contracts to carry out the provisions and purposes of this article only in a county that has not established a local community punishment and corrections authority or which does not intend to apply for funding directly. The county commission may elect to endorse the community punishment and corrections plan submitted by the nonprofit entity after the commission has received notice that the nonprofit entity desires to seek a grant to carry out this article and the county does not establish a community punishment and corrections authority or pass a resolution that it will apply for grant funding within 60 days after the notification. In this event, the nonprofit entity shall perform the same duties, obligations, and functions as a community punishment and corrections planning authority together with performing the other corrections functions provided for in this article. Nothing in this article shall prohibit a nonprofit entity from receiving funds indirectly for such a program; however, a nonprofit entity shall have no authority to obligate county funds.
(c) Nothing in this article shall prevent an entity eligible for funding under this article to utilize common facilities or personnel and to share other overhead costs with county correctional or work release programs.
(Acts 1991, No. 91-441, p. 795, §9; Act 2003-353, p. 930, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-180.1 - Utilization of Faith-Based or Nonprofit Treatment Services.

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 to subdivision (5) of subsection (b) of Section 15-18-180 for counseling, education, or other rehabilitation services.
(Act 2015-185, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-181 - Administrative Costs; Uniform Accounting System; Reports and Records Audited Annually.

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 commissioner.
(b) The Chief Examiner of the Department of Examiners of Public Accounts is directed to develop a uniform accounting system conforming to generally accepted accounting principles. Such uniform accounting system shall be subject to the approval of the State Chief Examiner of Public Accounts. Community punishment and corrections programs shall establish and maintain the uniform accounting system.
(c)(1) The annual reports and all records of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts or the Department of Corrections, or both. The audit may be performed by a licensed independent certified public accountant approved by the Chief Examiner of the Department of Public Accounts. The cost of any such audit shall be paid by the contracting entity.
(2) All audits shall be completed as soon as practicable after the end of the fiscal year of the board. One copy of each audit shall be furnished to the board, if established, the Department of Corrections and the Chief Examiner of the Department of Public Accounts. Copies of each audit shall also be made available to the press.
(Acts 1991, No. 91-441, p. 795, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-182 - Eligibility for Continued Grant Funding; Additional Incentive Funding; Noncompliance With Plan.

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 administrative regulations of the department promulgated pursuant to the Administrative Procedure Act defining program effectiveness. Each recipient will participate in a substantive evaluation to determine local and state program effectiveness. The form of this evaluation will be determined in collaboration with the Office of the Governor. The standards, regulations, and evaluations of the department are public records and shall be made available for inspection and copying upon request.
(b) Continued grant funding shall be based on demonstrated effectiveness in either reducing the number of commitments of eligible offenders to state penal institutions or local jails which would likely have occurred without the programs funded under this article or maintaining and operating the program in accordance with evidence-based practices as defined in Section 12-25-32.
(c) Subject to funding availability, each county, participating authority, or other nonprofit entity is eligible to receive additional incentive funding for extending programs if such programs exceed the objectives of this article and the approved community punishment and corrections plan based upon criteria developed by the division and promulgated under its rules pursuant to the Administrative Procedure Act.
(d) If the director of the division determines that there are reasonable grounds to believe that a participating county, authority, or other nonprofit entity is not complying with its plan, or the minimum standards, the director shall give 30 days' written notice to the participating entity, as well as to the county commission in the affected county. If the director finds that such a participating entity is not complying with its plan or the minimum standards established in this article, the director shall require the entity to provide a letter of intent as to how and when specific deficiencies identified by the director will be corrected. If no letter is submitted to the director within the time limit specified, or if the deficiencies are not corrected within 45 days after a letter has been submitted to the entity, the director, with the approval of the commissioner and the Office of the Governor, may suspend any part or all of the funding until compliance is achieved.
(Acts 1991, No. 91-441, p. 795, §13; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-183 - Recovery of Damages; Exemption From Civil Liability.

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) for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or judgments against an authority shall be limited to three hundred thousand dollars ($300,000) in the aggregate where more than two persons have claims or judgments on account of bodily injury or death arising out of any single occurrence. Recovery of damages under any judgment or judgments against an authority shall be limited to one hundred thousand dollars ($100,000) damages or loss of property arising out of any single occurrence. Counties shall be exempt from civil liability for any injury or loss to any person resulting from the operation of a community punishment and corrections program established under this article. This section shall not be construed as limiting any other immunities from civil liability or defenses established under the Constitution of Alabama or any other section of the code or common law, to which counties, authorities, state departments, agencies, courts, or nonprofit entities might be entitled.
(Acts 1991, No. 91-441, p. 795, §14; Act 2003-353, p. 930, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-184 - Authority to Maintain General Liability Insurance.

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 resulting from bodily injury, death or property damage, subject to the limitations on recovery of damages contained in this article and any other immunities from civil liability or defenses established under the Constitution of Alabama or any other section of the code or common law, to which the entities might be entitled. The insurance may be obtained through any source available to an approving county commission.
(Acts 1991, No. 91-441, p. 795, §15; Act 2010-734, p. 1846, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-185 - Inmate With Medical Condition in Which Treatment Exceeds $2,000 to Be Transferred to Department.

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 the opinion of a physician licensed to practice medicine in this state, would require treatment, the cost for which would exceed $2,000.00, such inmate shall be transferred within three days to the custody of the department and shall receive treatment as other state inmates.
(Acts 1991, No. 91-441, p. 795, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 9 - Community Punishment and Corrections. › Section 15-18-186 - State-County Community Corrections Partnership Fund.

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 to the credit of the fund by legislative appropriation, grant, gift, or otherwise for the development, implementation, and maintenance of community-based punishment programs established or operating pursuant to Act 2003-353. All monies in the fund shall be subject to withdrawal by the Department of Corrections, utilized for the implementation and operation of the community-based punishment programs, and shall be used to award grants to establish or expand community-based punishment programs for eligible felony offenders. The funds shall not be used for the operating costs, construction, or any other costs associated with local jail confinement, or for any purpose other than the development and operation of community-based punishment programs. Revenue appropriated to the division to fund community-based punishment programs shall not revert to the General Fund at the end of the fiscal year, but shall remain in the account for expenditures in the following fiscal year. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriation acts.
(b) The provisions of Act 2003-353 requiring the creation and maintenance of a Community Corrections Division within the Department of Corrections for the purpose of carrying out the responsibilities under Act 2003-353 shall be effective only in those years in which the Legislature provides an annual appropriation in the minimum amount of $5.5 million to the State-County Community Corrections Partnership Fund. In any year in which the appropriation to the fund falls below $5.5 million, the duties and responsibilities of the division or its director may be carried out by employees of the Department of Corrections as determined by the commissioner.
(Act 2003-353, p. 930, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-1 - Investigation and Examination by Court to Determine How Tried; Consent of Minor to Trial Without Jury; Arraignment as Youthful Offender; Notice and Hearing.

Section 15-19-1
Investigation and examination by court to determine how tried; consent of minor to trial without jury; arraignment as youthful offender; notice and hearing.
(a) A person charged with a crime which was committed in his or her minority but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall, and, if charged with a lesser crime may be investigated and examined by the court to determine whether he or she should be tried as a youthful offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to the defendant. If the defendant consents and the court so decides, no further action shall be taken on the indictment or information unless otherwise ordered by the court as provided in subsection (b).
(b) After such investigation and examination, the court, in its discretion, may direct that the defendant be arraigned as a youthful offender, and no further action shall be taken on the indictment or information; or the court may decide that the defendant shall not be arraigned as a youthful offender, whereupon the indictment or information shall be deemed filed.
(c) In addition to the provisions of subsections (a) and (b), when the defendant is charged with a crime that contains as an element of the crime or an allegation related to the charge that the defendant intentionally inflicted serious physical injury or intentionally killed the victim in the commission of the crime, prior to conducting a hearing or examination on whether the defendant will be arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall conduct an evidentiary hearing on the allegations of the crime and the extent of injuries of the victim and shall consider the evidence prior to determining youthful offender status. The failure to provide a right, privilege, or notice to a victim under this subsection shall not be grounds for the defendant or victim to seek to have the disposition of the case set aside.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §1; Act 2012-465, p. 1286, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-2 - Investigations for Court by Probation Officers.

Section 15-19-2
Investigations for court by probation officers.
It shall be the duty of all probation officers of the State of Alabama to make such investigations for the court as requested by the court for the purpose of determining whether or not the person shall be charged as a youthful offender.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-3 - Trial - Sessions to Be Separate From Adult Trials.

Section 15-19-3
Trial - Sessions to be separate from adult trials.
The trial of youthful offenders and proceedings involving them shall be conducted at court sessions separate from those for adults charged with crime.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-4 - Trial - Without Jury.

Section 15-19-4
Trial - Without jury.
If a defendant does not plead guilty, the trial of the charge as a youthful offender shall be before the judge without a jury.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-5 - Inadmissibility of Examination and Investigation Statements, Admissions and Confessions; Consideration of Statements, etc., at Time of Sentencing.

Section 15-19-5
Inadmissibility of examination and investigation statements, admissions and confessions; consideration of statements, etc., at time of sentencing.
No statement, admission or confession made by a defendant to the court or to any officer thereof during the examination and investigation referred to in Section 15-19-1 shall be admissible as evidence against him or his interest; provided, however, that the court may take such statement, admission or confession into consideration at the time of sentencing after the defendant has been found guilty of a crime or adjudged a youthful offender.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-6 - Disposition Upon Adjudication.

Section 15-19-6
Disposition upon adjudication.
(a) If a person is adjudged a youthful offender and the underlying charge is a felony, the court shall:
(1) Suspend the imposition or execution of sentence with or without probation;
(2) Place the defendant on probation for a period not to exceed three years;
(3) Impose a fine as provided by law for the offense with or without probation or commitment;
(4) Commit the defendant to the custody of the Board of Corrections for a term of three years or a lesser term.
(b) Where a sentence of fine is not otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized in this section, the court may impose a fine of not more than $1,000. In imposing a fine the court may authorize its payment in installments.
(c) In placing a defendant on probation, the court shall direct that he be placed under the supervision of the appropriate probation agency.
(d) If the underlying charge is a misdemeanor, a person adjudged a youthful offender may be given correctional treatment as provided by law for such misdemeanor.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 19 - Youthful Offenders. › Section 15-19-7 - Effect of Determination; Access to Records of Youthful Offender.

Section 15-19-7
Effect of determination; access to records of youthful offender.
(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime; provided, however, that if he is subsequently convicted of crime, the prior adjudication as youthful offender shall be considered.
(b) The fingerprints and photographs and other records of a person adjudged a youthful offender shall not be open to public inspection unless the person adjudged a youthful offender is treated as an adult sex offender according to Section 15-20A-35; provided, however, that the court may, in its discretion, permit the inspection of papers or records.
(c) Prosecutors representing the State of Alabama shall have access to fingerprints, photographs, and other records of a person adjudged a youthful offender contained in the court file regardless of the jurisdiction from which the file originates.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §6; Act 2014-432, p. 1593, §1; Act 2015-463, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20 - Sex Offenders. › Article 1 - Sex Offenders Reporting Requirements. › Section 15-20-1 - Applicability of Chapter.

Section 15-20-1
Applicability of chapter.
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20 - Sex Offenders. › Article 1 - Sex Offenders Reporting Requirements. › Section 15-20-2 - Law Enforcement Officers to Report Arrests to Department of Public Safety.

Section 15-20-2
Law enforcement officers to report arrests to Department of Public Safety.
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20 - Sex Offenders. › Article 1 - Sex Offenders Reporting Requirements. › Section 15-20-3 - Courts to Forward Records of Convictions to Director of Public Safety.

Section 15-20-3
Courts to forward records of convictions to Director of Public Safety.
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20 - Sex Offenders. › Article 1 - Sex Offenders Reporting Requirements. › Section 15-20-4 - Failure to Report Arrest or Conviction.

Section 15-20-4
Failure to report arrest or conviction.
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20 - Sex Offenders. › Article 1 - Sex Offenders Reporting Requirements. › Section 15-20-5 - Reported Information to Be Recorded and Indexed by Department of Public Safety; Information Available to Law Enforcement Officers, Etc.

Section 15-20-5
Reported information to be recorded and indexed by Department of Public Safety; information available to law enforcement officers, etc.
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §4.)