§ 15-18-72 — Effect of Default by Defendant with Suspended Sentence, on Probation or on Parole

Alabama § 15-18-72

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 18: Sentence and Punishment
• Art. 4A: Restitution to Victims of Crimes

Text

(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.

Legislative History

(Acts 1980, No. 80-588, p. 928, §8; Acts 1982, No. 82-556.)