HB264 Alabama 2011 Session

Summary

Primary Sponsor

Mike Hill

Republican

Co-Sponsors

Mac McCutcheonMike BallHoward SanderfordAllen TreadawayMary Sue McClurkin

Session

Regular Session 2011

Title

Court-ordered restitution, victim compensation assessments, fines, collection fee paid first out of funds collected, Sec. 12-17-225.4 am'd.

Summary

HB264 would change how a 30% collection fee from court-ordered restitution and fines is distributed, making the fee paid first and split 75% to the district attorney's fund and 25% to the circuit clerk's fund, with remittance by agreement including the judge.

What This Bill Does

If enacted, the 30% collection fee would be distributed before any other costs, fines, restitution, or victim compensation are paid. Of that fee, 75% goes to the county district attorney's fund for DA operating expenses and 25% goes to the circuit clerk's fund for clerk operating expenses; both funds are kept in separate accounts and audited, and their use cannot reduce other funding. The remaining funds, after the collection fee deduction, are disbursed monthly according to existing law. Remittance of the collection fee would require agreement among the district attorney, the circuit clerk, and the judge, and local law could adjust the distribution amounts.

Who It Affects

• County district attorneys' offices receiving 75% of the collection fee to fund DA operations
• County circuit clerks' offices receiving 25% of the collection fee to fund clerk operations

Key Provisions

• A 30% collection fee is added to funds due and is distributed first from collected funds before any other payments.
• 75% of the collection fee is distributed to the county district attorney's fund for DA operations and is not counted against other funding for the DA.
• 25% of the collection fee is distributed to the circuit clerk's fund for clerk operations and is kept in a separate account for clerk-related expenses.
• Funds for the DA and clerk are audited like other state funds and may not reduce funding allocated by law for their offices.
• The remainder of the fees (after the collection deduction) is disbursed monthly as provided by law.
• The collection fee can only be remitted by agreement among the district attorney, the judge, and the circuit clerk.
• The Legislature may, by local law, adjust the distribution of the collection fee.
• The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court Costs