reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 17 - Verdict. › Section 15-17-2 - When Jury Cannot Agree Upon Verdict as to All Jointly Tried Defendants.

Section 15-17-2
When jury cannot agree upon verdict as to all jointly tried defendants.
When several persons are indicted and tried jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they agree, on which a judgment must be entered accordingly, and the case as to the other defendants may be tried by another jury.
(Code 1852, §652; Code 1867, §4204; Code 1876, §4909; Code 1886, §4483; Code 1896, §5307; Code 1907, §7316; Code 1923, §8698; Code 1940, T. 15, §324.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 17 - Verdict. › Section 15-17-3 - Conviction Where Act May Be Committed by Different Intents, Modes or Means.

Section 15-17-3
Conviction where act may be committed by different intents, modes or means.
When the intent with which, the mode in or the means by which an act is done is essential to the commission of the offense and such offense may be committed with different intents, in different modes or by different means, if the jury is satisfied that the act was committed with one of the intents, in one of the modes or by either of the means charged, it is sufficient; and the jury must convict, although uncertain as to which of the intents charged existed, in which mode or by which of the means charged such act was committed.
(Code 1852, §644; Code 1867, §4196; Code 1876, §4898; Code 1886, §4480; Code 1896, §5304; Code 1907, §6874; Code 1923, §4020; Code 1940, T. 15, §313.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 17 - Verdict. › Section 15-17-4 - Conviction if Any Result Charged Produced by Act.

Section 15-17-4
Conviction if any result charged produced by act.
When an act done may be attended by more results than one, either of which is sufficient to constitute the offense, the jury must convict if satisfied that any one of the results charged was produced by the act, although uncertain as to which.
(Code 1852, §645; Code 1867, §4197; Code 1876, §4899; Code 1886, §4481; Code 1896, §5305; Code 1907, §6875; Code 1923, §4021; Code 1940, T. 15, §314.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 17 - Verdict. › Section 15-17-5 - Grounds for Granting New Trials; Costs Thereof.

Section 15-17-5
Grounds for granting new trials; costs thereof.
(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair trial;
(2) Misconduct of the jury or state;
(3) Accident or surprise which ordinary prudence could not have guarded against;
(4) That the verdict or decision is not sustained beyond a reasonable doubt or is contrary to law;
(5) Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial; and
(6) Error of law occurring at the trial properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same at the costs of the party applying therefor or in the costs abiding the event of the case, or a portion of the costs, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 7, §276.)
2023 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.

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 jail, imprisonment in the penitentiary, which includes hard labor for the state, and death.
(b) In all cases in which the period of imprisonment in the penitentiary or hard labor for the county is more than three years, the judge shall sentence the party to imprisonment in the penitentiary. In all cases of conviction for felonies in which imprisonment or hard labor is for more than 12 months and not more than three years, the judge may sentence the party to imprisonment in the penitentiary, confinement in the county jail, or to hard labor for the county, at his or her discretion, any other provision of law to the contrary notwithstanding. In all cases in which the imprisonment or sentence to hard labor is 12 months or less, the party shall be sentenced to imprisonment in the county jail or to hard labor for the county. No misdemeanor prisoner may be sentenced to the penitentiary.
(c) This section shall not be construed to relieve the Department of Corrections of any responsibility imposed upon it by law to make payment of costs under any provisions of law applicable thereto.
(Code 1852, §208; Code 1867, §3750; Code 1876, §4450; Code 1886, §4492; Code 1896, §5412; Code 1907, §7620; Code 1923, §5265; Code 1940, T. 15, §325; Acts 1943, No. 433, p. 401; Acts 1957, No. 61, p. 100, §§1, 2; Acts 1975, 4th Ex. Sess., No. 87, §1; Act 2002-492, p. 1243, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 1 - General Provisions. › Section 15-18-4 - Service of State Sentence Concurrently With Federal Sentence in Federal Penal System.

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 a sentence to be served concurrently with the federally imposed sentence, in the federal penal system.
(Acts 1975, 2nd Ex. Sess., No. 86, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 1 - General Provisions. › Section 15-18-5 - Credit Towards Sentence for Time Spent Incarcerated - Pending Trial.

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 or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.
(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth Services in a juvenile court for a felony or a misdemeanor for a set period of time or as a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile court shall order that the delinquent child be credited with all of his or her actual time spent detained prior to or subsequent to adjudication for the offense. The actual time spent detained shall be certified by a juvenile probation officer on forms to be prescribed by the Department of Youth Services.
(Acts 1975, 2nd Ex. Sess., No. 58, §1; Acts 1976, No. 677, p. 926; Act 2018-525, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 1 - General Provisions. › Section 15-18-6 - Credit Towards Sentence for Time Spent Incarcerated - Time Between Recapture and Return to Penal System for Recaptured Escapees.

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 within the State of Alabama prior to his transfer and return to the custody of Board of Corrections (penal system). The actual time spent incarcerated pending return to custody of the Board of Corrections (penal system) shall be certified by the sheriff on forms to be prescribed by the Board of Corrections.
(Acts 1975, 2nd Ex. Sess., No. 58, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 1 - General Provisions. › Section 15-18-7 - Applicability of Sections 15-18-5 and 15-18-6 to Prisoners Presently 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.
(Acts 1976, No. 677, p. 926.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 1 - General Provisions. › Section 15-18-8.1 - Rules and Regulations.

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 subject to the Alabama Administrative Procedure Act.
(Acts 1988, No. 88-163, p. 261, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 1 - General Provisions. › Section 15-18-9 - Penalties for Persons Previously Convicted of Felonies.

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 felony, he must be punished as follows:
(1) On conviction of a Class C felony, he must be punished for a Class B felony;
(2) On conviction of a Class B felony, he must be punished for a Class A felony; and
(3) On conviction of a Class A felony, he must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(Acts 1977, No. 643, p. 1091.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 2 - Punishment Fixed by Court. › Section 15-18-21 - Offense Punishable by Imprisonment in County Jail.

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 on the jury.
(Code 1852, §235; Code 1867, §3783; Code 1876, §4485; Code 1886, §4498; Code 1896, §5419; Code 1907, §7627; Code 1923, §5283; Code 1940, T. 15, §333.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4 - Costs and Fines. › Section 15-18-60 - When Prosecutor Liable for Costs.

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 the costs.
(Code 1852, §556; Code 1867, §4106; Code 1876, §4779; Code 1886, §4355; Code 1896, §5041; Code 1907, §7302; Code 1923, §8684; Code 1940, T. 15, §337.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4 - Costs and Fines. › Section 15-18-61 - Confession of Judgment by Prosecutor for Costs.

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 or to pay the same presently, he must be imprisoned in the county jail or sentenced to hard labor for the county for 10 days.
(Code 1852, §215; Code 1867, §3762; Code 1876, §4457; Code 1886, §4501; Code 1896, §5422; Code 1907, §7631; Code 1923, §5287; Code 1940, T. 15, §338.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4 - Costs and Fines. › Section 15-18-62 - Imprisonment for Failure to Pay Fines and Costs.

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 the court, sentenced to hard labor for the county as follows:
(1) If the fine and costs do not exceed two hundred fifty dollars ($250), no more than 10 days;
(2) If the fine and costs exceed two hundred fifty dollars ($250) but do not exceed five hundred dollars ($500), no more than 20 days;
(3) If the fine and costs exceed five hundred dollars ($500), but do not exceed one thousand dollars ($1,000), no more than 30 days; and
(4) For every additional one hundred dollars ($100) or fractional part thereof, 4 days.
(Code 1852, §213; Code 1867, §3760; Code 1876, §4455; Code 1886, §4503; Code 1896, §5425; Code 1907, §7634; Code 1923, §5290; Code 1940, T. 15, §341; Act 2002-415, p. 1060, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4 - Costs and Fines. › Section 15-18-63 - Imposition of Additional Hard Labor to Pay Costs; When Defendant Discharged.

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.
(Code 1852, §511; Code 1867, §4061; Code 1876, §4731; Code 1886, §4504; Code 1896, §5426; Code 1907, §7635; Code 1923, §5291; Code 1940, T. 15, §342; Acts 1961, No. 1017, p. 1596.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4 - Costs and Fines. › Section 15-18-64 - Court to Retain Jurisdiction for Purposes of Collecting Court-Ordered Fines, Fees, Costs, or Restitution.

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 supervised or unsupervised parole or supervised or unsupervised probation, or in any way has completed all terms of his or her sentence or incarceration pursuant to Act 2015-185 or any other provision of law for the purposes of the enforcement of a court order related to uncollected court-ordered fines, fees, costs, or restitution, pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
(b) All interest, fees, or penalties prescribed by law must be attached to any unpaid sums pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
(Act 2015-185, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-65 - Legislative Findings; Purpose and Construction of Article.

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 or injury as a direct or indirect result thereof. The provisions of this article shall be construed so as to accomplish this purpose and to promote the same which shall be the public policy of this state.
(Acts 1980, No. 80-588, p. 928, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-66 - Definitions.

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 against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities; the term shall include, but not be limited to the money or other equivalent of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel, medical, dental or burial expenses and wages including but not limited to wages lost as a result of court appearances.
(3) RESTITUTION. Full, partial or nominal payment of pecuniary damages to the victim or to its equivalent in services performed or work or labor done for the benefit of the victim as determined by the court of record.
(4) VICTIM. Any person whom the court determines has suffered a direct or indirect pecuniary damage as a result of the defendant's criminal activities. "Victim" shall not include any participant in the defendant's criminal activities.
(Acts 1980, No. 80-588, p. 928, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-67 - Restitution Hearing; Order of Restitution; Persons Entitled to Be Heard.

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 defendant's criminal acts. Such restitution hearings shall be held as a matter of course and in addition to any other sentence which it may impose, the court shall order that the defendant make restitution or otherwise compensate such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the administrator of any victim's estate as well as the district attorney shall have the right to be present and be heard upon the issue of restitution at any such hearings.
(Acts 1980, No. 80-588, p. 928, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-68 - Criteria for Determining Restitution.

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 the defendant.
(2) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court.
(3) The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment.
(4) Any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts.
(5) The mental, physical, and financial well-being of the victim.
(b) When a defendant has been convicted of the following offenses after February 1, 2009, the court may consider the factors enumerated in subsection (a) and shall order restitution to be paid as follows:
(1) When a defendant has been convicted of a capital offense under subsection (a) of Section 13A-5-40, the court shall order restitution for an amount not less than fifty thousand dollars ($50,000) for each conviction under subsection (a) of Section 13A-5-40.
(2) When a defendant has been convicted of rape in the first degree under Section 13A-6-61 and the person has one or more prior convictions under Section 13A-6-61, the court shall order restitution for an amount not less than ten thousand dollars ($10,000) for each conviction under Section 13A-6-61.
(c) Nothing in this section shall limit or impair 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 pursuant to this section may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in the civil action.
(Acts 1980, No. 80-588, p. 928, §4; Act 2009-632, p. 1937, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-69 - Objections to Order; Statement of Findings.

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 of record. The court shall thereafter enter its order upon the record stating its findings and the underlying facts and circumstances thereof.
(Acts 1980, No. 80-588, p. 928, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-70 - Method of Payment of Restitution; Payment as Condition of Sentence Suspension or Probation.

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 be made within a specified period of time or in specified installments to the circuit clerk as a condition of suspension of execution of sentence or as a condition of probation.
(Acts 1980, No. 80-588, p. 928, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-71 - Enforceability of Order When Defendant Imprisoned; Condition of Parole.

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. The Board of Pardons and Paroles shall be notified of the amount of restitution by its parole officers and when and if the defendant is paroled, it shall be made a condition of the parole to continue the restitution payments to the victim. If during the period of the defendant's parole, he or she fails to make restitution as ordered by the original court, it shall be grounds for revocation of parole.
(Acts 1980, No. 80-588, p. 928, §7; Act 2009-632, p. 1937, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-72 - Effect of Default by Defendant With Suspended Sentence, on Probation or on Parole.

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 attorney or upon its own motion shall require the defendant to show cause why his default should not be treated as violation of a condition of his probation.
(b) When the defendant is sentenced to the penitentiary by the court, and the court orders restitution, it shall be made a condition of his parole that restitution be made. When the parolee defaults in the payment thereof or any installment, the parole board on motion of the victim or the district attorney or the supervising parole officer, may require the defendant to show cause why his default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and after due process may revoke his parole.
(c) The court shall cause all restitution payments to be transmitted in not less than 15 days of receipt of such payment.
(Acts 1980, No. 80-588, p. 928, §8; Acts 1982, No. 82-556.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-73 - Restitution by Corporation, Partnership, etc.; Default as Forfeiture of Right to Do Business.

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 defendant to make restitution from those assets and a failure to do so by such person or persons may be held to be in contempt of court unless a showing be made to the contrary as pursuant to the provisions of Section 15-18-72.
Any corporation, unincorporated association, or other business entity which fails to make restitution as ordered by the court shall forfeit its rights to do business within the State of Alabama and its charter or other legal grant of the right to do such business may be dissolved by the court.
(Acts 1980, No. 80-588, p. 928, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-74 - Supervision of Parolee's Restitution.

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 in full.
(Acts 1980, No. 80-588, p. 928, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-75 - Civil Action by Victim of Crime; Credit for Restitution 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 pursuant to this article may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.
If conviction in a criminal trial necessarily decides the issue of a defendant's liability for pecuniary damages for a victim, that issue is conclusively determined as to the defendant, if it is involved in a subsequent civil action.
(Acts 1980, No. 80-588, p. 928, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-76 - Restitution Centers - Establishment and Operation; Cooperation of Counties and Municipalities.

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 Pardons and Paroles. County or municipal property may be utilized with the approval of the county commission or municipal governing authority for the construction, renovation, and maintenance of facilities owned by the state or a local political subdivision. Such a facility may be furnished or leased to the Board of Pardons and Paroles for a period of time for use as a restitution center.
(b) It is the intent of this section that county and local governments contribute only to the establishment, renovation, furnishing, and maintenance of the physical plant of the restitution center and that the Board of Pardons and Paroles support the operation of and have the responsibility of offenders in such centers. Provided, however, that no provision of this article shall operate so as to deprive the court of its power to revoke probation of residence or the State Board of Pardons and Paroles' power to revoke parolees housed in the center.
(Acts 1980, No. 80-588, p. 928, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-77 - Restitution Centers - Services; Powers of Board of Pardons and Paroles, Counties and Municipalities.

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 Pardons and Paroles, the county commissions and the governing authorities of municipalities are authorized jointly:
(1) To seek funding from federal or other sources to provide the maximum supportive services for offenders and the families of offenders who are participating in the restitution program;
(2) To develop additional programs whereby the offenders may be afforded the opportunity to contribute to society and the support of their families through restitution programs; and
(3) To develop pilot programs of counseling, training and job placement whereby restitution may be accomplished; such programs may be residential or nonresidential as appropriate.
(Acts 1980, No. 80-588, p. 928, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 4A - Restitution to Victims of Crimes. › Section 15-18-78 - Effect of Restitution Order; Rights of Victim, etc.; Section Cumulative and in Pari Materia With Other Statutes.

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. The victim on whose behalf restitution is ordered, the executor or administrator of the victim's estate, or anyone else acting on behalf of the victim, shall be entitled to all the rights and remedies to which a plaintiff would be entitled in a civil action under the laws of this state as well as any other right or remedy pertaining to such restitution order as may be provided by law.
(b) The provisions of this section shall be read and deemed in pari materia with other provisions of law. Provided however, the provisions of this section are cumulative and shall not be construed so as to deprive any victim of any other remedy or relief to which a victim may now or hereafter be entitled pursuant to law.
(Acts 1983, No. 83-508, p. 716.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › 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.

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 has been pronounced, issue a warrant under the seal of the court for the execution of the sentence of death, which warrant shall recite the fact of conviction, setting forth specifically the offense, the judgment of the court and the time fixed for his execution, and which shall be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding him to proceed, at the time and place named in the sentence, to carry the same into execution, as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of the county in which such judgment of conviction was had, to be by him delivered to the said warden, together with the condemned person as provided in subsection (b) of this section; provided, however, that in case of appeal to the Supreme Court of Alabama by the defendant and the suspension of execution of sentence by the trial court, said condemned person shall remain in the county jail of the county in which the conviction was had unless the court in which the case is tried orders otherwise, in which case, upon the affirmation of the appeal by the Supreme Court, said warrant for the execution of the death sentence, under seal of the court, together with the person of the condemned shall be delivered within 10 days after such affirmation to the warden of Holman prison as provided above.
(b) Immediately upon the receipt of such warrant, the sheriff shall transport such condemned person to the William C. Holman unit of the prison system at Atmore, shall there deliver him and the warrant aforesaid into the hands of the warden and shall take from the warden his receipt for such person and such warrant, which receipt the sheriff shall return to the office of the clerk of the court where the judgment of death was rendered. For his services, the sheriff shall be entitled to the same compensation as now provided by law to sheriffs for removing or conveying prisoners.
(Acts 1923, No. 587, p. 759; Code 1923, §§5311, 5312; Acts 1935, No. 518, p. 1106; Code 1940, T. 15, §§345, 346; Acts 1971, No. 2360, p. 3792.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 5 - Death Penalty. › Section 15-18-81 - Confinement Until Execution; Certain Persons May Visit Condemned Person.

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; and, while so confined, all persons outside the said prison shall be denied access to him, except his physician and lawyer, who shall be admitted to see him when necessary to his health or for the transaction of business, and the relatives, friends and spiritual advisors of the condemned person, who shall be admitted to see and converse with him at all proper times, under such reasonable rules and regulations as may be made by the Board of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §5313; Code 1940, T. 15, §347; Acts 1971, No. 2360, p. 3792.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 5 - Death Penalty. › Section 15-18-82 - When, Where, and by Whom Executions Conducted.

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 execution, not less than 30 nor more than 100 days from the date of sentence, as the court may adjudge, by lethal injection unless the convict elects execution by electrocution or nitrogen hypoxia as provided by law. If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection. If lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia.
(b) Executions shall take place at the William C. Holman unit of the prison system at Atmore in a room or area arranged for that purpose. It shall be the duty of the Department of Corrections of this state to provide the necessary facilities, instruments, and accommodations to carry out the execution.
(c) The warden of the William C. Holman unit of the prison system at Atmore or, in case of his or her death, disability, or absence, his or her deputy, shall be the executioner. In the case of execution by lethal injection, the warden, or in the case of his or her death, disability, or absence, his or her deputy, may designate an employee of the unit to administer the lethal injection. In the event of the death or disability or absence of both the warden and deputy, the executioner shall be that person appointed by the Commissioner of the Department of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §§5309, 5310, 5314; Code 1940, T. 15, §§343, 344, 348; Acts 1953, No. 759, p. 1021; Acts 1971, No. 2360, p. 3792; Act 2002-492, p. 1243, §2; Act 2018-353, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 5 - Death Penalty. › Section 15-18-83 - Persons Who May Be Present at Execution.

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 execution.
(2) The Commissioner of Corrections or his or her representative.
(3) Two physicians, including the prison physician.
(4) The spiritual advisor of the condemned.
(5) The chaplain of Holman Prison.
(6) Such newspaper reporters as may be admitted by the warden.
(7) Any of the relatives or friends of the condemned person that he or she may request, not exceeding six in number.
(8) The immediate family of the victim, over the age of 19, not exceeding eight in number and apportioned equally among the victim's immediate family members. If there are fewer than eight total immediate family members of the victim, additional non-immediate family members of the victim, over the age of 19, not to exceed eight total immediate and non-immediate family members.
(9) If there are fewer than eight total family members of the deceased victim under subdivision (8), additional immediate family members of a victim, for whose death the inmate is not sentenced to death.
(b) No convict shall be permitted by the prison authorities to witness the execution.
(Acts 1923, No. 587, p. 759; Code 1923, §5315; Code 1940, T. 15, §349; Acts 1971, No. 2360, p. 3792; Acts 1996, No. 96-670, p. 1134, §1; Act 2009-511, p. 958, §1; Act 2019-188, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 5 - Death Penalty. › Section 15-18-84 - Rearrest and Execution of Person Escaping Before Execution.

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 time fixed for execution, any person may arrest and commit him to the jail of the county in which he was sentenced. Thereupon, the court by whom the condemned was sentenced, on notice of such arrest being given by the sheriff, shall again appoint a time for the execution, not less than 30 days from such appointment, which appointment shall be by the clerk of said court immediately certified to the warden of Holman prison. Such clerk shall place such certificate in the hands of the sheriff, who shall deliver the same, together with the warrant for execution and the condemned person to the warden, who shall receipt the sheriff for the same and proceed at the appointed time to carry the sentence of death into execution as hereinabove provided.
(b) If a condemned person escapes after his delivery to the warden and is not retaken before the time appointed for his execution, any person may arrest and commit him to Holman prison, whereupon the warden shall certify the fact of his escape and recapture to the court in which sentence was passed. The court shall again appoint a time for the execution, which shall be not less than 30 days from the date of such appointment. Thereupon, the clerk of such court shall certify such appointment to the warden, who shall proceed at the time so appointed to execute the condemned as hereinabove provided.
(Acts 1923, No. 587, p. 759; Code 1923, §§5316, 5317; Code 1940, T. 15, §§350, 351; Acts 1971, No. 2360, p. 3792.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 5 - Death Penalty. › Section 15-18-85 - Return of Execution Warrant, Certificate and Statements; Payment for Transportation of Body.

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 arrival of such date the warden shall proceed with such execution, but if the condemned person should be pardoned or his sentence commuted by the Governor, no execution shall be had; and, in such case, as well as when the sentence is executed, the warden shall return the warrant and certificate with a statement of any such act and with his proceedings endorsed thereon, together with the statement, where appropriate, that the body of the convict was decently buried or delivered to his relatives or friends, naming them, or to some other person by consent of the convict, naming such person and naming two or more witnesses to the fact that the convict consented that his body might be delivered to such person to the clerk of the court in which sentence was passed, who shall record said warrant and return in the minutes of the court.
(b) The state shall pay transportation charges of the body back to the home of the condemned person when his or her family or friends cannot pay such expenses, this fact to be determined by the Commissioner of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §5318; Code 1940, T. 15, §352.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 5 - Death Penalty. › Section 15-18-86 - Procedure When Condemned Female Believed Pregnant.

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 court, summon a jury of six disinterested persons, as many of whom must be physicians as practicable. The sheriff must also give notice to the district attorney or, in his absence, to any attorney who may be appointed by a circuit judge to represent the state and who has authority to issue subpoenas for witnesses.
(b) The jury, under the direction of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy and must state their conclusion in writing, signed by them and the sheriff. If such jury is of opinion, and so find, that the convict is with child, the sheriff or officer acting in his place must suspend the execution of the sentence and transmit the finding of the jury to the Governor.
(c) Whenever the Governor is satisfied that such convict is no longer with child, he must issue his warrant to the sheriff appointing a day for her to be executed according to her sentence, and the sheriff or other officer must execute the sentence of the law on the day so appointed.
(Code 1852, §§374-377; Code 1867, §§3922-3925; Code 1876, §§4620-4623; Code 1886, §§4670-4673; Code 1896, §§5435-5438; Code 1907, §§7644-7647; Code 1923, §§5300-5303; Code 1940, T. 15, §§353-356.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 6 - Stay of Execution. › Section 15-18-100 - Postponing Execution of Sentence Pending Commutation or Pardon.

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 such defendant should be pardoned, may postpone the execution of the sentence for such time as may appear necessary to obtain the action of the Governor on an application for commutation of the death sentence and action of the Board of Pardons and Paroles on an application for pardon.
(Code 1852, §775; Code 1867, §4326; Code 1876, §5003; Code 1886, §4525; Code 1896, §5452; Code 1907, §7653; Code 1923, §5321; Code 1940, T. 15, §357.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-110 - Short Title.

Section 15-18-110
Short title.
The short title of this article is "The Inmate Community Reintegration Under SIR Act."
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-111 - Definitions.

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 Department of Corrections.
(2) COMMISSIONER. The Commissioner of the Department of Corrections
(3) STATE CORRECTIONAL INSTITUTION. Any correctional institution under the jurisdiction of the department.
(4) INMATE. A person who has served at least 90 days in any jail or penal facility, either male or female, who has been convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.
(5) PROGRAM. Supervised Intensive Restitution (SIR) program.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §2; Acts 1990, No. 90-555, p. 945.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-112 - Extension of Limits of Confinement Authorized.

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 to aid in the reintegration of the inmate into society, the department is authorized to adopt rules, regulations and policies permitting the commissioner to extend the limits of confinement of an inmate where there is reasonable cause to believe the inmate will honor the trust placed in such inmate by authorizing such inmate, under prescribed conditions, to leave a state correctional institution and reside in the community under the intensive supervision of a correctional officer in the community.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 18 - Sentence and Punishment. › Article 7 - Inmate Community Reintegration Program. › Section 15-18-113 - Eligibility.

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 of confinement. However, no inmate who has ever been convicted of murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, selling or trafficking in controlled substances, robbery in the first degree, burglary in the first degree, sexual abuse in the first degree or assault in the first degree if said assault leaves the victim permanently disfigured or disabled, shall be eligible for such inmate community reintegration under the Supervised Intensive Restitution program.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §4; Acts 1984, 2nd Ex. Sess., No. 85-43, p. 67.)