HB281INTRODUCED
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2WGQKI-1
By Representative Estes
RFD: County and Municipal Government
First Read: 11-Apr-23
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5 2WGQKI-1 03/15/2023 THR (F)THR 2023-950
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SYNOPSIS:
Under existing law, a court is required to order
a defendant convicted of a misdemeanor to pay for
housing and maintenance costs associated with his or
her incarceration in a county or city jail in an amount
not to exceed $20 per day, with exceptions.
This bill would require a court to order a
defendant convicted of a misdemeanor to pay up to the
actual expenses incurred on behalf of the defendant for
housing and maintenance associated with the defendant's
incarceration in a county or city jail.
This bill would also make nonsubstantive,
technical revisions to update the existing code to
current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to detention facilities; to amend Section
14-6-22, Code of Alabama 1975, to require a defendant
convicted of a misdemeanor to pay housing and maintenance
associated with his or her incarceration in a county or city
jail; and to make nonsubstantive, technical revisions to
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update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 14-6-22, Code of Alabama 1975, is
amended to read as follow:
"ยง14-6-22
(a)(1) A court shall require a convicted defendant in a
misdemeanor case to pay housing, maintenance , and medical
costs associated with the defendant's incarceration in a
county or city jail , except as otherwise provided hereinin
this section. Such The costs shall not exceed $20 per day that
the defendant has been incarcerated plus actual medical
expenses the actual expenses incurred on behalf of the
defendant. Such The costs shall be taxed as costs of court and
shall be in addition to any and all other costs of court.
(2) At the time of sentencing such the defendant may
petition the court for remission of the payment of these costs
or of any portion thereof. If it appears to the satisfaction
of the court that payment of the amount due will impose
manifest hardship on the defendant or his or her immediate
family, the court may remit all or part of the amount due in
such costs.
(3) In determining the amount and method of payment of
these costs, the court shall take into account the financial
resources of the defendant and the nature of the burden that
payment of the costs will impose. A defendant who has been
ordered to pay the housing, maintenance , and medical costs and
who is not in contumacious willful default in the payment
thereof may at any time petition the court which that
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sentenced him or her for remission of the payment of these
costs or of any unpaid portion thereof. If it appears to the
satisfaction of the court that payment of the amount due will
impose manifest hardship on the defendant or his or her
immediate family, the court may remit all or part of the
amount due in such costs or modify the method of payment.
(b)(1) When a defendant is ordered to pay housing,
maintenance, and medical costs, the court may grant permission
for payment to be made in a specified period of time or in
specified installments. If permission is not included in the
order these costs shall be payable forthwithimmediately.
(2) When a defendant ordered to pay housing,
maintenance, and medical costs is also placed on probation , or
imposition or execution of sentence is suspended , the court
may make payment of the costs a condition of probation or
suspension of sentence.
(c) A default in the payment of the housing,
maintenance, and medical costs , or any installment thereof ,
may be collected by any means authorized by law for the
enforcement of a judgment.
(d) Moneys Monies collected for the housing,
maintenance, and medical costs of a convicted defendant in a
misdemeanor case shall be collected by the clerk of the
sentencing court and shall be payable to the county or city in
whose jail the defendant was incarcerated."
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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