§ 15-18-144 — Employment Income Withholding Order - Assets of Defendant to Be Withheld or Attached

Alabama § 15-18-144

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 18: Sentence and Punishment
• Art. 8: Alabama Restitution Withholding

Text

(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.

Legislative History

(Acts 1984, No. 84-370, p. 859, §5; Act 2009-632, p. 1937, §1.)