Alabama 2023 Regular Session

Alabama House Bill HB281 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB281INTRODUCED
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3	3	2WGQKI-1
4	4	By Representative Estes
5	5	RFD: County and Municipal Government
6	6	First Read: 11-Apr-23
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11	11	5 2WGQKI-1 03/15/2023 THR (F)THR 2023-950
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13	13	SYNOPSIS:
14	14	Under existing law, a court is required to order
15	15	a defendant convicted of a misdemeanor to pay for
16	16	housing and maintenance costs associated with his or
17	17	her incarceration in a county or city jail in an amount
18	18	not to exceed $20 per day, with exceptions.
19	19	This bill would require a court to order a
20	20	defendant convicted of a misdemeanor to pay up to the
21	21	actual expenses incurred on behalf of the defendant for
22	22	housing and maintenance associated with the defendant's
23	23	incarceration in a county or city jail.
24	24	This bill would also make nonsubstantive,
25	25	technical revisions to update the existing code to
26	26	current style.
27	27	A BILL
28	28	TO BE ENTITLED
29	29	AN ACT
30	30	Relating to detention facilities; to amend Section
31	31	14-6-22, Code of Alabama 1975, to require a defendant
32	32	convicted of a misdemeanor to pay housing and maintenance
33	33	associated with his or her incarceration in a county or city
34	34	jail; and to make nonsubstantive, technical revisions to
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62	62	28 HB281 INTRODUCEDHB281 INTRODUCED
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64	64	update the existing code language to current style.
65	65	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
66	66	Section 1. Section 14-6-22, Code of Alabama 1975, is
67	67	amended to read as follow:
68	68	"§14-6-22
69	69	(a)(1) A court shall require a convicted defendant in a
70	70	misdemeanor case to pay housing, maintenance , and medical
71	71	costs associated with the defendant's incarceration in a
72	72	county or city jail , except as otherwise provided hereinin
73	73	this section. Such The costs shall not exceed $20 per day that
74	74	the defendant has been incarcerated plus actual medical
75	75	expenses the actual expenses incurred on behalf of the
76	76	defendant. Such The costs shall be taxed as costs of court and
77	77	shall be in addition to any and all other costs of court.
78	78	(2) At the time of sentencing such the defendant may
79	79	petition the court for remission of the payment of these costs
80	80	or of any portion thereof. If it appears to the satisfaction
81	81	of the court that payment of the amount due will impose
82	82	manifest hardship on the defendant or his or her immediate
83	83	family, the court may remit all or part of the amount due in
84	84	such costs.
85	85	(3) In determining the amount and method of payment of
86	86	these costs, the court shall take into account the financial
87	87	resources of the defendant and the nature of the burden that
88	88	payment of the costs will impose. A defendant who has been
89	89	ordered to pay the housing, maintenance , and medical costs and
90	90	who is not in contumacious willful default in the payment
91	91	thereof may at any time petition the court which that
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121	121	sentenced him or her for remission of the payment of these
122	122	costs or of any unpaid portion thereof. If it appears to the
123	123	satisfaction of the court that payment of the amount due will
124	124	impose manifest hardship on the defendant or his or her
125	125	immediate family, the court may remit all or part of the
126	126	amount due in such costs or modify the method of payment.
127	127	(b)(1) When a defendant is ordered to pay housing,
128	128	maintenance, and medical costs, the court may grant permission
129	129	for payment to be made in a specified period of time or in
130	130	specified installments. If permission is not included in the
131	131	order these costs shall be payable forthwithimmediately.
132	132	(2) When a defendant ordered to pay housing,
133	133	maintenance, and medical costs is also placed on probation , or
134	134	imposition or execution of sentence is suspended , the court
135	135	may make payment of the costs a condition of probation or
136	136	suspension of sentence.
137	137	(c) A default in the payment of the housing,
138	138	maintenance, and medical costs , or any installment thereof ,
139	139	may be collected by any means authorized by law for the
140	140	enforcement of a judgment.
141	141	(d) Moneys Monies collected for the housing,
142	142	maintenance, and medical costs of a convicted defendant in a
143	143	misdemeanor case shall be collected by the clerk of the
144	144	sentencing court and shall be payable to the county or city in
145	145	whose jail the defendant was incarcerated."
146	146	Section 2. This act shall become effective on the first
147	147	day of the third month following its passage and approval by
148	148	the Governor, or its otherwise becoming law.
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