Ala. Code § 15-22-36.2 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-36.2
Section 15-22-36.2 Victim Notification Implementation Task Force
Status: in_force

(a) There is hereby created the Victim Notification Implementation Task Force to guide and support the implementation of a statewide automated victim notification system in Alabama. The task force shall be composed of four crime victims’ rights advocates designated by the Attorney General and one designee from each of the following: The Board of Pardons and Paroles, the Department of Corrections, the Alabama Law Enforcement Agency, the Alabama Crime Victims Compensation Commission, the District Attorneys Association or a district attorney representative, the Attorney General, the Administrative Office of Courts, the Alabama Circuit Judges’ Association, the Office of Prosecution Services, the Alabama Circuit Clerk’s Association, and any other entity or organization as deemed appropriate by a majority vote of the current representatives composing the task force. The task force shall elect a chair to function as the administrative head. The task force shall meet initially by March 1, 2012, at the call of the Attorney General. The task force shall meet not less than quarterly after January 1, 2012, and otherwise at the call of the chair or a majority vote of the current task force representatives. Pursuant to this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2, the task force shall be responsible for overseeing the development of the automated victim notification system by the Alabama Law Enforcement Agency and integration of a process to automatically update victim information into the automated victim notification system on a continual basis. The task force shall also oversee a statewide public education and awareness campaign for the implementation of the automated victim notification system and shall be charged with confirming, by majority vote, that the automated victim notification system complies with the requirements of this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2. Approval from the task force shall not be required for the validity of any action taken by any entity represented on the task force in the exercise of any of the power or authority granted to it by the Legislature.

(b) Immediately upon approval from the task force by majority vote that the automated notification system complies with the requirements of this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2, the task force shall automatically convert to the Victim Notification Oversight Council for the purpose of continuing to provide direction to the Alabama Law Enforcement Agency on development, support, expansion, and maintenance of the automated notification system. The council shall consist of those task force representatives serving on the task force, including appointees, at the time of conversion. Upon conversion, representatives from partner agencies may be added by majority vote of the council. The appointees designated by the Attorney General shall serve four year terms to ensure that a variety of victim advocates are included in the oversight of the system. The Attorney General shall designate a replacement as required at the expiration of the term of a victim advocate. No victim advocate may be appointed for more than two consecutive terms.

(c) The Board of Pardons and Paroles shall have authority to carry out the enforcement of Sections 15-22-23 and 15-22-36, and the Department of Corrections shall have authority to carry out the enforcement of Section 14-14-5, Section 15-22-36.3, and Section 15-22-26.2.

(d) The Alabama Law Enforcement Agency shall be required to develop, support, house, and maintain the automated notification system referenced in this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2 for the use of the Board of Pardons and Paroles and the Department of Corrections to make automated notices as required. The system shall additionally be used to make notices of an offender’s change in status or custody, or notices regarding criminal justice proceedings deemed to be in the best interest of Alabama crime victims and public safety, by a majority vote of the task force or, after its conversion, the Victim Notification Oversight Council. The automatic notification system created by the Alabama Law Enforcement Agency shall be the automated notification system used by the state in making notifications to the Alabama crime victims.

(e) There is hereby created a Victim Notification System Fund in the State Treasury. The fund shall consist of all monies appropriated for the development, expansion, support, and maintenance of the automated victim notification system by the Alabama Law Enforcement Agency. Any monies in the fund may be expended solely for the use of the victim notification system. The Secretary of the Alabama Law Enforcement Agency may expend monies in the Victim Notification System Fund solely at the request and direction of the Victim Notification Implementation Task Force or, after its conversion, the Victim Notification Oversight Council, created by this section.
Ala. Code § 15-18-5 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-5
Section 15-18-5 Credit Towards Sentence for Time Spent Incarcerated - Pending Trial
Status: in_force

(a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.

(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth Services in a juvenile court for a felony or a misdemeanor for a set period of time or as a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile court shall order that the delinquent child be credited with all of his or her actual time spent detained prior to or subsequent to adjudication for the offense. The actual time spent detained shall be certified by a juvenile probation officer on forms to be prescribed by the Department of Youth Services.
Ala. Code § 15-13-128 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-128
Section 15-13-128 Form for Bondsman’s Process
Status: in_force

The following shall be substantially the form to be used for a bondsman’s process.

BONDSMAN’S PROCESS

STATE OF ALABAMA

COUNTY OF ___________.

(or)

CITY OF ______________.

WHEREAS, the Sureties on the bail of the defendant _____, in case number _____, have expressed their desire to surrender the defendant to the custody of _____ of (City or County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the City/County of _____, Alabama, and,

WHEREAS, the clerk has checked the records and case number _____ is still pending and the defendant nor his or her sureties have been discharged of their obligations, or the records of case number _____ reflect that the defendant has failed to appear on the obligation of bail as required and a warrant has been issued for the arrest of the defendant.

NOW, THEREFORE, this document is issued, as required by law, and the document gives the right to the Sureties (bondsmen) to arrest the defendant, _____ at any place in the State of Alabama, or the sureties may authorize another person to arrest the defendant by an endorsement in writing on this document or attached to this document and the surety or bondsman shall forthwith, after the arrest, take the defendant to the _____ jail of _____, custodian thereof.

Executed this _____ day of _____, 20__. ________________ CLERK OF COURT

SEAL:

Bondsman Return

On this _____ day of ___________, 20__, I ___________ agent for ___________ surrender the above named defendant to the ___________ jail of ___________.

Time: _____

Bondsman’s or Recovery License Number: __________.
Ala. Code § 15-20A-4 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-4
Section 15-20A-4 Definitions
Status: in_force

For purposes of this chapter, the following words shall have the following meanings:

(1) ADULT SEX OFFENDER. A person convicted of a sex offense.

(2) CHILD. A person who has not attained the age of 12.

(3) CHILDCARE FACILITY. A licensed child daycare center, a licensed childcare facility, or any other childcare service that is exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has been provided to local law enforcement.

(4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United States territory, a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian reservation or other federal property, a conviction in any state of the United States or a conviction in a foreign country if the foreign country’s judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) of Public Law 109-248. Cases on appeal are deemed convictions until reversed or overturned.

(5) EMPLOYMENT. Compensated work or a volunteer position for any period of time, regardless of whether the work is full-time, part-time, self-employment, or as an independent contractor or day laborer, provided that employment does not include any time spent traveling as a necessary incident to performing the work.

(6) FIXED RESIDENCE. A building or structure, having a physical address or street number, that provides shelter in which a person resides.

(7) HOMELESS. The state of lacking a fixed residence.

(8) IMMEDIATE FAMILY MEMBER. A parent or grandparent; child, grandchild, or sibling of any age by blood, adoption, or marriage; or spouse.

(9) IMMEDIATELY. Within three business days.

(10) JURISDICTION. Any state of the United States, any United States territory, the District of Columbia, or any federally recognized Indian tribe.

(11) JUVENILE SEX OFFENDER. An individual who has not attained the age of 18 at the time of the offense and who is adjudicated delinquent of a sex offense.

(12) LOCAL LAW ENFORCEMENT. The sheriff of the county and the chief of police if the location subject to registration is within the corporate limits of any municipality, or, if applicable, the chief law enforcement officer for a federally recognized Indian tribe.

(13) MINOR. A person who has not attained the age of 18.

(14) OVERNIGHT VISIT. Any presence between the hours of 10:30 p.m. and 6:00 a.m.

(15) PREDATORY. An act directed at a stranger, a person of casual acquaintance, or with whom no substantial relationship exists, or a person with whom a relationship has been established or promoted for the purpose of victimization of that person or individuals over whom that person has control.

(16) PRIOR CONVICTION. The person has served and has been released or discharged from, or is serving, a separate period of incarceration, commitment, or supervision for the commission of a sex offense, as defined by Section 15-20A-5, prior to, or at the time of, committing another sex offense.

(17) REGISTERING AGENCY. Any agency with whom the sex offender registers required registration information.

(18) RELEASE. Release from a state prison, county jail, municipal jail, mental health facility, release or discharge from the custody of the Department of Youth Services or other juvenile detention, or placement on an appeal bond, probation, parole, or aftercare, placement into any facility or treatment program that allows the sex offender to have unsupervised access to the public, or release from any other facility, custodial or noncustodial, where the sex offender is sentenced or made a ward of that facility by a circuit, district, or juvenile court.

(19) REQUIRED REGISTRATION INFORMATION. Any information required pursuant to Section 15-20A-7.

(20) RESIDE. To be habitually or systematically present at a place. Whether a person is residing at a place shall be determined by the totality of the circumstances, including the amount of time the person spends at the place and the nature of the person’s conduct at the place. The term reside includes, but is not limited to, spending more than four hours a day at the place on three or more consecutive days; spending more than four hours a day at the place on 10 or more aggregate days during a calendar month; or spending any amount of time at the place coupled with statements or actions that indicate an intent to live at the place or to remain at the place for the periods specified in this sentence. A person does not have to conduct an overnight visit to reside at a place.

(21) RESIDENCE. A fixed residence as defined by this section or other place where the person resides, regardless of whether the person declares or characterizes such place as a residence.

(22) RESPONSIBLE AGENCY. The person or government entity whose duty it is to obtain information from a sex offender and to transmit that information to the Alabama State Law Enforcement Agency, police departments, and sheriffs. For a sex offender being released from state prison, the responsible agency is the Department of Corrections. For a sex offender being released from a county jail, the responsible agency is the sheriff of that county. For a sex offender being released from a municipal jail, the responsible agency is the chief of police of that municipality. For a sex offender being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court or designee of the sentencing court. For a juvenile sex offender being released from the Department of Youth Services, the responsible agency is the Department of Youth Services. For a sex offender who is being released from a jurisdiction outside this state and who is to reside in this state, the responsible agency is the sheriff of the county in which the offender intends to establish a residence.

(23) RISK ASSESSMENT. A written report on the assessment of risk for sexually re-offending conducted by a sex offender treatment program or provider approved by the Department of Youth Services. The report shall include, but not be limited to, the following regarding the juvenile sex offender: Criminal history, mental status, attitude, previous sexual offender treatment and response to treatment, social factors, conditions of release expected to minimize risk of sexual re-offending, and characteristics of the sex offense.

(24) SCHOOL. A licensed or accredited public, private, or church school that offers instruction in grades pre-K-12 if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has been provided to local law enforcement. The definition does not include a private residence in which students are taught by parents or tutors or any facility dedicated exclusively to the education of adults unless that facility has a childcare facility as defined in subdivision (3).

(25) SENTENCING COURT. The court of adjudication or conviction.

(26) SEX OFFENDER. Includes any adult sex offender, any youthful offender sex offender, and any juvenile sex offender.

(27) SEX OFFENSE INVOLVING A CHILD. A conviction for any sex offense in which the victim was a child or any offense involving child pornography.

(28) SEX OFFENSE INVOLVING A MINOR. A conviction for any sex offense in which the victim was a minor or any offense involving child pornography.

(29) SEXUALLY VIOLENT PREDATOR. A person who has been convicted of a sexually violent offense and who is likely to engage in one or more future sexually violent offenses or is likely to engage in future predatory sex offenses.

(30) STUDENT. A person who is enrolled in or attends, on a full-time or part-time basis, any public or private educational institution, including a secondary school, trade or professional school, or institution of higher education.

(31) TEMPORARY LODGING INFORMATION. Lodging information including, but not limited to, the name and address of any location where the person is staying when away from his or her residence for three or more days and the period of time the person is staying at that location.

(32) VOLUNTEER POSITION. An arrangement whereby a person works without compensation for any period of time on behalf of a business, school, charity, child care facility, or other organization or entity, provided that a volunteer position does not include any time spent traveling as a necessary incident to performing the uncompensated work.

(33) YOUTHFUL OFFENDER SEX OFFENDER. An individual adjudicated as a youthful offender for a sex offense who has not yet attained the age of 21 at the time of the offense.
Ala. Code § 15-13-126 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-126
Section 15-13-126 Return of Bondsman’s Process
Status: in_force

(a) All bondsman’s processes, when executed by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of police, or other authorized law enforcement officer to the clerk of the court from which they were issued once the defendant is returned to the custody of the court of jurisdiction with the proper return thereon endorsed.

(b) If the bondsman’s process is executed, the return shall be made within five days after service.

(c) When any writ of arrest or other warrant issued by the clerk of the court, in the same case as a bondsman’s process, to any law enforcement officer and the warrant has been executed and returned to the clerk of the court, the clerk shall notify the surety which obtained the bondsman’s process, and if the bondsman’s process has not been executed at the time of the notice, then the surety shall return the process to the clerk of the court within five days and the surety shall endorse thereon, “not executed”; or the surety after notice from the clerk, if the surety desires to be relieved of further obligation of bail, shall surrender the defendant by executing the bondsman’s process and producing it to the jailor having custody of the defendant. The sheriff or chief of police shall return it to the clerk as specified in subsection (a).

(d) In any case where the clerk of the court has issued a bondsman’s process to the surety and the case is disposed of by the court or by operation of law, the clerk of the court shall notify the surety to whom the process was issued and the surety shall return the process to the clerk of the court within five days and endorse thereon, “not executed.”

(e) Any surety who fails to comply with subsections (c) and (d) within the prescribed time, may be compelled to make the return by attachment and forfeit to the state or municipality $50. The $50 shall be paid to the clerk within three days notice of the default from the clerk. If the penalty is not paid within three days, the clerk shall not issue any further bondsman’s processes to the surety until it is paid.
Ala. Code § 15-18-123 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-123
Section 15-18-123 Legislative Review Authorized
Status: in_force

The provisions of this article, and the activities herein authorized, shall be subject to the review and recommendations of an oversight committee which shall be composed of the Chief Examiner of Public Accounts, the State Finance Director, and the chairman of the permanent legislative committee on the Board of Corrections management and performance evaluation as created by Act No. 76-84 of the Legislature of Alabama, as amended, which said committee shall continue and function for so long as the provisions of this article are in effect.
Ala. Code § 15-23-3 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-3
Section 15-23-3 Definitions
Status: in_force

As used in this article the following words shall include, but are not limited to the following meanings unless the context clearly requires a different meaning:

(1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section 15-23-4.

(2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the following acts:

a. An act occurring or attempted within the geographical boundaries of this state which results in serious personal injury or death to a victim for which punishment by fine, imprisonment, or death may be imposed.

b. An act occurring or attempted outside the geographical boundaries of this state in another state of the United States of America which is punishable by fine, imprisonment, or death and which results in personal injury or death to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331 of Title 18, United States Code, committed outside of the United States, against a resident of this state; provided however, the citizen at the time such act was committed had a permanent place of residence within the geographical boundaries of this state, and in addition thereto any of the following circumstances apply, that the citizen:

1. Had a permanent place of employment located within the geographical boundaries of this state.

2. Was a member of the regular Armed Forces of the United States of America; or the United States Coast Guard; or was a full-time member of the Alabama National Guard, Alabama Air National Guard, U.S. Army Reserve, U.S. Naval Reserve, or U.S. Air Force Reserve.

3. Was retired and receiving Social Security or other retirement income.

4. Was 60 years of age or older.

5. Was temporarily in another state of the United States of America for the purpose of receiving medical treatment.

6. Was temporarily in another state of the United States of America for the purpose of performing employment-related duties required by an employer located within the geographical boundaries of this state as an express condition of employment or employee benefits.

7. Was temporarily in another state of the United States of America for the purpose of receiving occupational, vocational, or other job-related training or instruction required by an employer located within the geographical boundaries of this state as an express condition of employment or employee benefits.

8. Was a full-time student at an academic institution, college, or university located in another state of the United States of America.

9. Had not departed the geographical boundaries of this state for a period exceeding 30 days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state.

The term “criminally injurious conduct” shall not mean: An act committed outside the geographical boundaries of this state upon a person who was not at the time a citizen of Alabama, or an act committed outside the geographical boundaries of this state upon a person who at the time had departed the geographical boundaries of this state for the purpose of becoming a citizen of, or establishing a permanent place of residence in, another state.

(3) VICTIM. A person who suffered serious personal injury or death as a result of criminally injurious conduct.

(4) DEPENDENT. A natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct.

(5) CLAIMANT. Any of the following persons applying for compensation under this article:

a. A victim.

b. A dependent of a deceased victim, if such victim died as a result of criminally injurious conduct.

c. A person authorized to act on behalf of a victim or a dependent of a deceased victim if such victim died as a result of criminally injurious conduct.

(6) ALLOWANCE EXPENSE. Charges incurred for needed products, services, and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational rehabilitation, rehabilitative occupational training, and other remedial treatment and care. It also includes a total charge not in excess of seven thousand dollars ($7,000) for expenses related to funeral, cremation, or burial.

(7) WORK LOSS. Loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work which he or she was capable of performing but unreasonably failed to undertake. Work loss also includes loss of income of an offender charged with domestic violence under Sections 13A-6-130, 13A-6-131, and 13A-6-132 when the victim was residing with the offender at the time of commission of the offense and the offender’s income was a significant source of direct support for the victim.

(8) REPLACEMENT SERVICES LOSS. Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, not for income, but for the benefit of self or family, if the victim had not been injured or died.

(9) ECONOMIC LOSS OF A DEPENDENT. A loss after the death or injury of the victim of contributions of things of economic value to the dependent, not including services which would have been received from the victim if he or she had not suffered the fatal injury, less expenses of the dependent avoided by reason of death or injury of the victim.

(10) REPLACEMENT SERVICES LOSS OF DEPENDENT. The loss reasonably incurred by dependents after death of the victim in obtaining ordinary and necessary services in lieu of those the deceased victim would have performed for their benefit had the deceased victim not suffered the fatal injury, less expenses of the dependent avoided by reason of death of the victim and not subtracted in calculating the economic loss of the dependent.

(11) ECONOMIC LOSS. Monetary detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, economic loss and replacement services loss of a dependent, but shall not include noneconomic loss or noneconomic detriment.

(12) NONECONOMIC LOSS or DETRIMENT. Pain, suffering, inconvenience, physical impairment, and nonpecuniary damage.

(13) COLLATERAL SOURCE. Source of income, financial or other benefits or advantages for economic loss other than the compensation paid by the compensation commission which the claimant has received or is entitled to receive or is readily available to the claimant, from any one or more of the following:

a. The offender.

b. The government of the United States or any agency thereof, in the form of benefits, such as Social Security, Medicare and Medicaid, a state or any of its political subdivisions or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excessive or secondary to benefits under this article.

c. Any temporary nonoccupational disability insurance.

d. Workers’ compensation.

e. Wage continuation programs of any employer.

f. Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct.

g. A contract providing prepaid hospital and other health care services or benefits for disability.

(14) OFFICE OF PROSECUTION SERVICES. The Office of Prosecution Services as established by Section 12-17-230.
Ala. Code § 15-20A-10 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-10
Section 15-20A-10 Adult Sex Offender - Registration with Local Law Enforcement; Residence Restrictions
Status: in_force

(a)(1) Immediately upon release from incarceration, or immediately upon conviction if the adult sex offender is not incarcerated, the adult sex offender shall appear in person and register all required registration information with local law enforcement in each county in which the adult sex offender resides or intends to reside, accepts or intends to accept employment, accepts or intends to accept a volunteer position, and begins or intends to begin school attendance.

(2) An adult sex offender who registers pursuant to subdivision (1) shall have seven days from release to comply with the residence restrictions pursuant to subsection (a) of Section 15-20A-11.

(b) Immediately upon establishing a new residence, accepting employment, accepting a volunteer position, or beginning school attendance, the adult sex offender shall appear in person to register with local law enforcement in each county in which the adult sex offender establishes a residence, accepts employment, accepts a volunteer position, or begins school attendance.

(c)(1) Immediately upon transferring or terminating any residence, employment, or school attendance, the adult sex offender shall appear in person to notify local law enforcement in each county in which the adult sex offender is transferring or terminating residence, employment, or school attendance.

(2) Whenever a sex offender transfers his or her residence, as provided in subdivision (1) from one county to another county, the sheriff of the county from which the sex offender is transferring his or her residence shall immediately notify local law enforcement in the county in which the sex offender intends to reside. If a sex offender transfers his or her residence, as provided in subdivision (1) from one county to another jurisdiction, the sheriff of the county from which the sex offender is transferring his or her residence shall immediately notify the chief law enforcement agency in the jurisdiction in which the sex offender intends to reside.

(d) Immediately upon any name change, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county in which the adult sex offender is required to register.

(e)(1) Upon changing any required registration information, including by transferring or terminating a residence the adult sex offender shall immediately appear in person and update the information with local law enforcement in each county in which the adult sex offender resides. Provided, however, any changes in telephone numbers, email addresses, instant message addresses, or other on-line identifiers or Internet service providers may be reported to local law enforcement in person, electronically, or telephonically as required by the local law enforcement agency.

(2) Notwithstanding any other provision of law regarding the establishment of residence, an adult sex offender has transferred or terminated his or her residence for purposes of subdivision (1) whenever the adult sex offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or completing a travel notification document pursuant to Section 15-20A-15.

(f) An adult sex offender shall appear in person to verify all required registration information during the adult sex offender’s birth month and every three months thereafter, regardless of the month of conviction, for the duration of the adult sex offender’s life with local law enforcement in each county in which the adult sex offender resides.

(g) At the time of registration, the adult sex offender shall be provided a form explaining any and all duties and restrictions placed on the adult sex offender. The adult sex offender shall read and sign this form stating that he or she understands the duties and restrictions imposed by this chapter. If the adult sex offender refuses to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the adult sex offender and that the adult sex offender refused to sign.

(h) For purposes of this section, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

(i) If an adult sex offender was convicted and required to register prior to July 1, 2011, then the adult sex offender shall begin quarterly registration after his or her next biannual required registration date.

(j) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-8-21 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-21
Section 15-8-21 Statutory Language Unnecessary
Status: in_force

Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning.
Ala. Code § 15-8-28 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-28
Section 15-8-28 Name of Defendant When Unknown
Status: in_force

The indictment must be certain as to the person charged; but when his name is unknown to the grand jury, it may be so alleged without further identification.
Ala. Code § 15-20A-7 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-7
Section 15-20A-7 Registration Information - Required
Status: in_force

(a) The following registration information, unless otherwise indicated, shall be provided by the sex offender when registering:

(1) Name, including any aliases, nicknames, ethnic, or tribal names.

(2) Date of birth.

(3) Social Security number.

(4) Address of each residence.

(5) Name and address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

(6) Name and address of any employer where the sex offender works or will work, including any transient or day laborer information.

(7) The license plate number, registration number or identifier, description, and permanent or frequent location where all vehicles are kept for any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.

(8) Any telephone number used, including land line and cell phone numbers.

(9) Any email addresses or instant message address or identifiers used, including any designations or monikers used for self-identification in Internet communications or postings other than those used exclusively in connection with a lawful commercial transaction.

(10) A current photograph.

(11) A physical description of the sex offender including physical appearance, physical characteristics, and identifying marks such as scars and tattoos.

(12) Fingerprints and palm prints.

(13) A DNA sample. The DNA sample may be collected by the probation officer, sheriff, chief of police, or other responsible agency. Prior to collecting a DNA sample, the responsible agency shall determine if a DNA sample has already been collected for the sex offender by checking the Dru Sjodin National Sex Offender Public Registry website, the Alabama Department of Forensic Sciences DNATracker site, or with the Alabama State Law Enforcement Agency. If a DNA sample has not been previously collected for the sex offender, the responsible agency shall coordinate for the collection of a DNA sample with the sheriff of the county in which the registration is occurring. The collection of a DNA sample should be performed using materials recommended or provided by the Alabama Department of Forensic Sciences. The DNA sample shall be immediately forwarded by the entity collecting the sample to the Department of Forensic Sciences.

(14) A photocopy of the valid driver license or identification card.

(15) A photocopy of any and all passport and immigration documents.

(16) Any professional licensing information that authorizes the sex offender to engage in an occupation or carry out a trade or business.

(17) A full criminal history of the sex offender, including dates of all arrests and convictions, status of parole, probation, or supervised release, registration status, and outstanding arrest warrants.

(18) A list of any and all Internet service providers used by the sex offender.

(19) Any other information deemed necessary by the Secretary of the Alabama State Law Enforcement Agency.

(b) The registering agency is not required to obtain any of the following information each time the sex offender verifies his or her required registration information if the registering agency verifies the information has already been collected and has not been changed or altered:

(1) A current photograph.

(2) Fingerprints or palm prints.

(3) A DNA sample.

(4) A photocopy of the valid driver license or identification card.

(5) A photocopy of any and all passport and immigration documents.

(c) The registration information shall be transmitted to the Alabama State Law Enforcement Agency in a manner determined by the secretary of the department and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association, and the Alabama State Law Enforcement Agency. The advisory board members shall not receive any compensation or reimbursement for serving on the advisory board.

(d) The required registration information shall include a form explaining all registration and notification duties, including any requirements and restrictions placed on the sex offender. This form shall be signed and dated by the sex offender. If the sex offender fails to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the sex offender and that the sex offender refused to sign.

(e) All required registration information shall be stored electronically in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and shall be available in a digitized format by the Alabama State Law Enforcement Agency to anyone entitled to receive the information as provided in Section 15-20A-42.

(f) Any person who knowingly fails to provide the required registration information, or who knowingly provides false information, pursuant to this section shall be guilty of a Class C felony.
Ala. Code § 15-23-65 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-65
Section 15-23-65 Prosecuting Attorney Required to Confer with Victim Before Commencement of Trial
Status: in_force

The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
Ala. Code § 15-21-22 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-22
Section 15-21-22 Admission to Bail If Charged with Bailable Offense; Procedure When Sufficient Bail Not Offered; Transmission of Bail to Clerk of Court; Forfeiture of Bail
Status: in_force

(a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which is bailable, he must be admitted to bail on offering sufficient bail.

(b) If sufficient bail is not offered, the amount of bail required must be endorsed on the warrant, and the court to which he is required to appear, and the detained party may be afterwards discharged by the sheriff of the county on giving sufficient bail in the amount so required.

(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section must be transmitted by him to the clerk of the court before which the party is bound to appear by the first day of the next succeeding session and may be forfeited, and the same proceedings thereon had, as against other bail in criminal cases.
Ala. Code § 15-22-52.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-52.1
Section 15-22-52.1 Reporting Requirements for Conditions of Probation
Status: in_force

(a) A sentencing court who places an individual on probation, pursuant to Section 15-22-50, shall report to the Alabama State Law Enforcement Agency, in a manner prescribed by the Alabama State Law Enforcement Agency, a probationer’s conditions of probation ordered pursuant to Section 15-22-52.

(b) The Alabama State Law Enforcement Agency shall ensure that the conditions of probation received by a court may be viewed by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.
Ala. Code § 15-18-112 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-112
Section 15-18-112 Extension of Limits of Confinement Authorized
Status: in_force

In order to provide for the individual supervision and placement of an inmate in the community to obtain employment and place of residence in order to aid in the reintegration of the inmate into society, the department is authorized to adopt rules, regulations and policies permitting the commissioner to extend the limits of confinement of an inmate where there is reasonable cause to believe the inmate will honor the trust placed in such inmate by authorizing such inmate, under prescribed conditions, to leave a state correctional institution and reside in the community under the intensive supervision of a correctional officer in the community.
Ala. Code § 15-12-20 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-20
Section 15-12-20 Matters to Be Ascertained by Trial Judges as to Representation of Defendants Prior to Arraignment
Status: in_force

In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any court of this state created by authority of the Constitution of Alabama of 1901, as amended, when a defendant is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain from the accused, or otherwise:

(1) Whether or not the defendant has arranged to be represented by counsel;

(2) Whether or not the defendant desires the assistance of counsel; and

(3) Whether or not the defendant is able financially or otherwise to obtain the assistance of counsel in accordance with policies and procedures established by the Office of Indigent Defense Services.
Ala. Code § 15-18-75 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-75
Section 15-18-75 Civil Action by Victim of Crime; Credit for Restitution Paid
Status: in_force

Nothing in this article limits or impairs the right of a person injured by a defendant’s criminal activities to sue or recover damages from the defendant in a civil action. Evidence that the defendant has paid or has been ordered to pay restitution pursuant to this article may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.

If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for pecuniary damages for a victim, that issue is conclusively determined as to the defendant, if it is involved in a subsequent civil action.
Ala. Code § 15-13-159 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-159
Section 15-13-159 Qualifications - Professional Surety Company. (Amended by Act 2026-542)
Status: in_force

AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

No professional surety company shall execute or become surety on any appearance bond in this state, unless it has an order granting authorization to become professional surety on any bail. The order granting the authorization shall be reissued annually, prior to January 1 of each year, by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds. Prior to the judge’s issuance of the original order and no later than December 1 of each year, thereafter, professional surety companies shall submit annually to the presiding circuit judge the following:

(1) An original or certified copy of a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the company is qualified to write a bail line of insurance and that the company is in good standing with the department.

(2) An original qualifying power of attorney issued by the professional surety company, specifying any applicable limitations and the names of the agents that may execute and bind the company to a bail undertaking. The qualifying power of attorney shall not name any company, corporation, or other entity as an agent except a person as defined as a professional bondsman in Division 1, Section 15-13-100, and that person shall be an agent of the company licensed with the Department of Insurance.

(3) A copy of the license issued by the Department of Insurance of each agent who is named in or appointed by the qualifying power of attorney in subdivision (2) or a letter or other documentation from the department indicating that the appointed agents are temporarily licensed as agents of the professional surety company for those lines of insurance.

(4) An affidavit or certification in writing, under oath, executed by a licensed agent of the professional surety company who is the manager or an owner or president of a corporation, company, partnership, or other entity that represents the professional surety company, filed with the clerk of the circuit court of each county in which the professional surety company executes or becomes surety on appearance bonds, stating the following:

a. That all appearance bonds shall be executed in the name of the professional surety company as surety by the agents listed or appointed in the qualifying power of attorney presented to the court or any other qualifying powers of attorney filed with the circuit clerk of the county.

b. That all agents listed or appointed in the qualifying powers of attorney shall be licensed by the Department of Insurance, prior to their appointments.

c. That any agency, company, corporation, or other entity that represents the professional surety company in the county, has no owners or other persons having a direct or indirect financial interest in such agency, company, corporation, or other entity, that have been convicted of a felony or a crime involving moral turpitude. If any person having a direct or indirect financial interest in such agency, company, corporation, or other entity has been convicted of a felony or a crime involving moral turpitude, then the affidavit or certification shall certify that there has been such conviction, providing the name of the person convicted, and certify that the person convicted has been pardoned or has had a restoration of civil rights.

d. That the professional surety company has no knowledge of forfeitures that have been final for more than 30 days that have not been paid to the clerk of the court arising out of surety undertaking, and that the professional surety company has no petitions, motions, or other litigation matters pending.

e. That no agents of the professional surety company who have the authority to execute appearance bonds in its behalf or any person having a financial interest, direct or indirect, in the ownership or management of any agency, company, corporation, or other entity that represents the professional surety company in the execution of appearance bonds, is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.

f. The names and addresses of all persons, officers, employees, and agents of the agency, company, corporation, or other entity that represents the professional surety company becoming surety on appearance bonds who have a direct or indirect financial interest in the agency, company, corporation, or other entity representing the professional surety company and the nature and extent of each interest.

g. That those persons stated in this section have not, within a period of two years, violated any provisions of this chapter or any rules adopted by the Supreme Court of Alabama in accordance with this chapter.

(5) A copy of the current license issued by the Alabama Professional Bail Bonding Board pursuant to the Alabama Bail Bond Regulatory Act, Article 8.
Ala. Code § 15-10-44 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-44
Section 15-10-44 Execution of Writ by Sheriff or Deputy
Status: in_force

A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing a warrant of arrest.
Ala. Code § 15-13-164 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-164
Section 15-13-164 Misrepresentation as Surety; Providing False Information to the Court; Exchange of Sexual Services for Bail Bond Services
Status: in_force

(a) Any person who becomes surety on any bail for a defendant in this state and receives something of value or charges a fee therefor, and who is not authorized as a professional surety or bail company under this chapter shall be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state for such an offense.

(b) Any defendant, or other individual who provides false information to the court or to the surety on any bail bond forms or contracts shall be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state.

(c) Any surety who exchanges sexual services in exchange for bail bond services shall be guilty of a Class C felony and, upon conviction, shall be sentenced in accordance with the laws of this state.
Ala. Code § 15-15-42 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-42
Section 15-15-42 Verification
Status: in_force

No plea in abatement or other dilatory plea to an indictment must be received unless it is verified by oath or unless its truth appears by some matter of record or other written evidence accompanying it.
Ala. Code § 15-23-17 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-17
Section 15-23-17 Assessment of Additional Costs and Penalties; Collection and Disposition of Additional Assessments, Etc
Status: in_force

(a) In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances which are tried in any court or tribunal in this state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there is imposed an additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each proceeding where the offense constitutes a felony , but there shall be no additional costs imposed for violations relating to parking of vehicles.

The amount of all costs shall be remitted by the person or authority collecting the costs to the chair of the commission on the tenth day of each month next succeeding that in which the cost is paid. It shall be the duty of the clerk or other authority collecting the court costs to keep accurate records of the amounts due the commission for the benefit of the fund under this section.

(b) In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted or pleading guilty to a felony or a misdemeanor or a violation for which the person is adjudicated a juvenile delinquent, or a youthful offender, shall be ordered to pay a victim compensation assessment of not less than fifty dollars ($50), nor more than ten thousand dollars ($10,000), for each felony for which the person was convicted or adjudicated and not less than twenty-five dollars ($25), nor more than one thousand dollars ($1,000), for each misdemeanor or violation for which the person was convicted, adjudicated, or otherwise disposed of when the court orders that costs be paid. In imposing this penalty, the court shall consider factors such as the severity of the crime, the prior criminal record, and the ability of the defendant to pay, as well as the economic impact of the victim compensation assessment on the dependents of the defendant. Any person adjudicated a juvenile delinquent shall be ordered to pay a victim compensation assessment of not less than twenty-five dollars ($25), nor more than one thousand dollars ($1,000), for each adjudication, regardless of the underlying charge, but the assessment or penalty authorized by this subsection shall not be assessed or collected for any conservation, forestry, or water safety offense, nor any traffic offense, except those that are punishable as a felony offense or involve the operation or actual physical control of any vehicle while intoxicated or under the influence of drugs, or reckless driving. If a court fails to specifically impose an assessment required by this section, the clerk of court shall automatically assess a victim compensation assessment in the minimum amount provided herein. The additional assessment or penalty shall be collected by the clerk of court insuring that the first twenty-five dollars ($25) of each felony assessment and twelve dollars and fifty cents ($12.50) of each misdemeanor assessment shall be promptly paid over to the commission. The second twenty-five dollars ($25) of each felony assessment and twelve dollars and fifty cents ($12.50) of each misdemeanor assessment shall be promptly paid to the Office of Prosecution Services. Any victim assessment fees ordered above the minimum shall be paid to the commission fund.

(c) The Office of Prosecution Services shall create a Victim Services Fund and the assessments received by the Office of Prosecution Services shall be deposited into the Victim Services Fund. The funds received by the Office of Prosecution Services shall be distributed by the Executive Committee of the Alabama District Attorneys Association to the various district attorneys’ offices to employ a minimum of one full-time victim service officer in each circuit and to provide other direct services to victims as needed.
Ala. Code § 15-2-24 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-24
Section 15-2-24 Removal to Nearest County; Only One Removal Allowed
Status: in_force

When a change of venue is authorized, the trial must be removed to the nearest county free from exception, and it can be removed but once.
Ala. Code § 15-8-50 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-50
Section 15-8-50 Allegation of Different Means or Intents
Status: in_force

When an offense may be committed by different means or with different intents, such means or intents may be alleged in an indictment in the same count in the alternative.
Ala. Code § 15-13-160 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-160
Section 15-13-160 Qualifications - Professional Bail Companies. (Amended by Act 2026-542)
Status: in_force

AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) No professional bail company shall execute or become surety on any appearance bond in this state, unless the company has an order granting authorization to become professional surety on any bail. The order granting authorization shall be reissued annually prior to January 1 of each year by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds. Prior to the judge’s issuance of the original order and no later than December 1 of each year, thereafter, professional bail companies shall submit annually to the presiding circuit judge the following:

(1)a. An original corporate surety bond or escrow agreement, filed and approved by the presiding circuit judge of the county in which the professional bail company executes or becomes surety on appearance bonds, in the amount of twenty-five thousand dollars ($25,000), guaranteeing the payment of all sums of money that may become due by virtue of any judgment absolute that may be rendered against the professional bail company on a forfeiture entered by any court in the county. Corporate surety bonds shall be executed only by a surety company authorized to do business in this state and qualified to write bonds by the Department of Insurance. The corporate surety bond shall provide that it may be cancelled as to any future liability by the corporate surety company or the professional bail company giving 30 days prior written notice of the cancellation to the clerk of the circuit court in which the bond or instrument was filed. A bank in this state shall be a party to all escrow agreements, and those agreements shall provide that the agreement may be cancelled as to any future liability only by the professional bail company and bank giving 30 days prior written notice of the cancellation to the clerk of the circuit court in which the escrow agreement or instrument is filed. Once a professional bail company has filed an original continuous corporate surety bond or escrow agreement with the circuit clerk and it has been approved by the presiding circuit judge, then the professional bail company does not have to file any other original continuous corporate surety bond or escrow agreement upon annual recertification. The professional bail company shall submit an original certificate from the insurance company that executed the corporate surety bond reflecting that it is still in force or an original letter from the bank stating the escrow agreement is still effective and the monies are still held in trust. When any professional bail company is annually recertifying, the circuit clerk shall send the original corporate surety bond or original escrow agreement with any cancellations received by the circuit clerk to the presiding circuit judge for review and approval.

b. Any new original corporate surety bond or escrow agreement made on or after September 1, 2023, in a county with a population of 200,000 or more, shall require a surety bond or escrow agreement in the amount of fifty thousand dollars ($50,000). This paragraph does not affect any corporate surety bond or escrow agreement made before September 1, 2023. Current escrow agreements and corporate surety bonds shall remain at twenty-five thousand dollars ($25,000) for any renewal thereafter.

(2) An original qualifying power of attorney, letter, or other document issued by the professional bail company specifying any applicable limitations and specifying the agents who are authorized to execute and bind the professional bail company to a bail undertaking or to appearance bonds. The qualifying power of attorney, letter, or other document may only name persons as agents.

(3) An original affidavit or certificate in writing, under oath, executed by an owner or officer of a professional bail company, to the clerk of the circuit court of the county in which the professional bail company shall execute or become surety on appearance bonds which contains all of the following:

a. That all appearance bonds shall be executed in the name of the professional bail company as surety by the agents listed or appointed in the qualifying power of attorney, letter, or other document presented to the court or any other person so named in any future qualifying powers of attorney, letters, or documents filed with the circuit clerk of the county.

b. That the professional bail company is qualified to do business in this state and its resident address.

c. That the professional bail company has sufficient financial net worth to satisfy its obligations as a surety.

d. That no person having a direct or indirect financial interest in the professional bail company has been convicted of a felony or a crime involving moral turpitude. Notwithstanding the foregoing, if any person having a direct or indirect financial interest in the bonding business has been convicted of a felony or a crime involving moral turpitude, then the person making the certification shall certify that there has been a conviction, provide the name of the person convicted, and certify that the person convicted has been pardoned or has had a restoration of civil rights.

e. That the professional bail company has no knowledge of any forfeiture that has been made final for more than 30 days that has not been paid arising out of surety undertakings and as to which the professional bail company has no petitions, motions, or other litigation matters pending.

f. That there are no persons, including employees, agents, or persons with a financial interest in the professional bail company, who, within a period of two years, violated this chapter, or any rules adopted by the Supreme Court governing the qualifications of professional surety or bail companies.

g. That no employee, agent, or any other person having a direct or indirect financial interest in the professional bail company is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.

h. The names and addresses of all officers, employees, and agents of the professional bail company who have a direct or indirect financial interest in the professional bail company and the nature and extent of each interest.

(b) A professional bondsman may not own a professional bail company until he or she has been licensed as a professional bondsman for at least three years. If the owner of a professional bail company dies or becomes completely incapacitated, as determined by the board, his or her professional bail bond company may be sold to an unlicensed individual. The unlicensed individual shall have 90 calendar days, from date of purchase, to obtain a license and shall employ a minimum of one employee who has been licensed for at least three consecutive years.
Ala. Code § 15-21-30 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-30
Section 15-21-30 Attachment to Compel Obedience and Punish for Contempt
Status: in_force

(a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect on the part of the person to whom it is directed, to proceed forthwith against him by process of attachment, as for contempt, to compel obedience to the writ and to punish him for such contempt.

(b) When such attachment is issued against the sheriff or his deputy, it may be directed to the coroner or to any constable and may be executed by such coroner or constable.
Ala. Code § 15-18-175 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-175
Section 15-18-175 Eligibility; Exclusion; Sentencing
Status: in_force

(a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article:

(1) Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correctional institution.

(2) Persons who are convicted of misdemeanors.

(b) The following offenders are excluded from consideration for punishment in the community:

(1) Persons who are convicted of offenses as listed in subdivision (14) of Section 15-18-171.

(2) Persons who demonstrate a pattern of violent behavior. In reaching this determination, the court may consider prior convictions and other acts not resulting in conviction or criminal charges, and the offender’s behavior while in state or county confinement.

(c) The eligibility criteria established in this section shall be interpreted as guidelines for the benefit of the court in making a determination of eligibility of offenders and assessment of funds under this article.

(d)(1) Except as provided in subsection (a) of Section 15-18-172, the court may sentence an eligible offender as defined in this section directly to any appropriate community-based alternative provided, either as a part of or in conjunction with a split sentence as provided for in Section 15-18-8, or otherwise as an alternative to prison; or as a condition for a defendant to meet in conjunction with probation; and under such additional terms and conditions as the court may prescribe. Notwithstanding the foregoing, a defendant may only be sentenced to participate in community punishment and corrections programs when adequate space and staff are available. No program shall be required to operate beyond its staffing and design capabilities as provided in Section 15-18-172.

(2) In sentencing an eligible offender to any community-based alternative to incarceration, the court shall possess the authority to set the duration of the sentence for the offense committed to any period of time up to the maximum sentence within the appropriate sentence range for the particular offense. A court may not sentence an eligible offender to any community punishment and corrections program if the sentencing would cause the offender participation level to exceed the maximum participation level established for that program in its community punishment and corrections plan as provided in Section 15-18-172.

(3) After a hearing on the violation, the court may alter the sentence imposed for a violation of the conditions imposed by the court, as follows:

a. If the defendant violates a condition of the sentence at any time prior to the expiration or termination of the term of the sentence, the court may implement one or more of the following options:

1. Continue the offender on the existing sentence.

2. Issue a formal or informal warning to the offender that further violations may result in revocation of the sentence.

3. Conduct a formal or informal warning to reemphasize the necessity of compliance with the conditions of the sentence.

4. Modify the conditions of serving the sentence, possibly including the inclusion of short periods of confinement in local facilities for time for which supervision of sentence was formerly given.

5. Revoke the sentence as listed in paragraph b. below.

In lieu of a formal hearing, the court may issue a standing court order authorizing program administrators to impose the disciplinary sanctions listed in subparagraphs 1., 2., and 3. or any preapproved sanction that does not include a period of confinement. All instances of noncompliance and disciplinary actions shall be immediately reported to the court.

b. A revocation hearing shall be conducted before the court prior to revocation of the community corrections sentence. The court shall apply the same due process safeguards as a probation revocation proceeding and may modify or revoke the community punishment sentence and impose the sentence that was suspended at the original hearing or any lesser sentence, including any option listed in subdivision (1) of subsection (d).

c. If revocation results in a sentence of confinement, credit shall be given for all time spent in custody prior to revocation. Full credit shall be awarded for full-time confinement in facilities such as city or county jails, state prisons, and boot camps.

d. The court shall not revoke the sentence and order the confinement to prison of the offender unless the court finds, on the basis of the original offense and the offender’s intervening conduct, that either of the following apply:

1. No measure short of confinement will adequately protect the community from further criminal activity by the offender.

2. No measure short of confinement will avoid depreciating the seriousness of the violation.

e. The willful failure of an inmate to remain within the extended limits of his or her confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution in the case of a state inmate and an escape from the custody of the sheriff in the case of a county inmate and shall be punishable accordingly.

f. The victim will be notified in accordance with procedures established in the community punishment and corrections plan prior to sentencing under this article.

g. Restitution, when appropriate, shall be ordered by the court as a condition for a community-based sentence under this article in addition to any mandatory victim assessment fees.

1. Nothing herein shall prevent a court from sentencing an eligible defendant to community-based punishment in conjunction with a suspended sentence confinement pursuant to the split sentences or probation.

2. The State of Alabama and any county or municipality may become employers of community punishment and corrections inmates under this article, and as such, may employ inmates to perform any state or county or municipal job available, including, but not limited to, road or bridge work, garbage collection, and public grounds maintenance. Inmates so employed shall not be eligible to participate in group health, accident, and life insurance programs, or retirement programs provided regular state or county or municipal employees. Worker’s compensation benefits may be provided the inmates at the discretion of the state or employing county or municipality.

3. Inmates employed under this section shall be paid at least the federally established minimum wage.

4. Counties may utilize inmates or others required by a court of competent jurisdiction to perform community service in county work, including, but not limited to, removal of debris or trash from roads and rights-of-way, road or bridge work, garbage collection, and public grounds maintenance.

5. State and county inmates performing community service shall not be entitled to any compensation.
Ala. Code § 15-22-70 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-70
Section 15-22-70 Mayor May Appoint Parole Board; Membership, Terms, Etc
Status: in_force

The mayor, or the chief executive officer if there is no mayor, of any municipality of this state having a municipal court may appoint a parole board consisting of five members, one of whom he shall designate to serve at his pleasure as chairman, and such chairman, shall if in attendance, preside at all meetings of the board. In the chairman’s absence, an acting chairman shall be selected by a majority of the members present. One member of the initial board shall be appointed to serve a term of six years. Two members of the initial board shall be appointed to serve four-year terms and two members of the initial board shall be appointed to service two-year terms. Thereafter all members of the board shall be appointed for six-year terms.
Ala. Code § 15-13-216 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-216
Section 15-13-216 Application of Administrative Procedure Act
Status: in_force

The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case.
Ala. Code § 15-13-144 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-144
Section 15-13-144 Notice to Prosecutor
Status: in_force

Prior to the hearing, the judicial officer shall have the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose, or the prosecuting officer of the municipal court in municipal court cases, that a person seeks to be released on judicial public bail and notice shall stipulate the time of the hearing. No person shall be released on judicial public bail unless notice is given. Upon receipt of the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled to be heard at the hearing on the merits of the conditions of release, and the hearing shall be at a time, date, and place certain wherein all parties shall appear and proceedings shall be a matter of record. Nothing contained in this chapter shall be construed as granting or affording the defendant an absolute right to be released on judicial public bail, but release shall be in the discretion of the judicial officer and within the terms of this article.
Ala. Code § 15-13-146 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-146
Section 15-13-146 Judicial Public Bail Release
Status: in_force

Any person charged with an offense other than an offense exempted by Section 15-13-145, may be ordered released pending trial on judicial public bail upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines that a release will not reasonably assure the appearance of the person as required or the safety of any other persons or the community. If that determination is made, a judicial officer may either in lieu of, or in addition to, the above method of release, impose restrictions on the travel, association, or place of abode of the person during the period of release or any other conditions specified in Rule 7 of the Alabama Rules of Criminal Procedure on the actions of the defendant while on bail.
Ala. Code § 15-13-122 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-122
Section 15-13-122 Bondsman’s Process - Detainer
Status: in_force

In instances in which the surety or sureties have in their possession a bondsman’s process for the defendant and the surety wishes to place a detainer against the defendant with the officer having custody of the defendant, all law enforcement officers of the State of Alabama, or its subdivisions, who have custody of any defendant under bail within the terms of this chapter, shall accept the bondsman’s process as a detainer and hold the defendant in custody until the case pending against the defendant in the jurisdiction having custody, has been discharged or until the defendant is authorized to be released from custody by other means set out by law. Upon discharge or release, the officer having custody shall notify the surety that the defendant is ready to be released and the surety shall arrest the defendant and return the defendant to the court of jurisdiction. After the officer has given the surety notice of the release, the surety shall appear before the officer to receive the defendant within 24 hours or the defendant shall be released and detainer cancelled.
Ala. Code § 15-23-77 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-77
Section 15-23-77 Right to Have Property Returned
Status: in_force

(a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.

(b) If the property of the victim has been admitted as evidence during a trial or hearing, the court may, upon request of the district attorney or the Attorney General, order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the attorney for the defendant or investigator may inspect and independently photograph the evidence before it is released.
Ala. Code § 15-5-6 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-6
Section 15-5-6 Form
Status: in_force

A search warrant may be substantially in the following form: The State of Alabama, } To the sheriff or any constable of ____________ County} __________ County.

Proof by affidavit having this day been made before me by A. B., that, (stating the particular ground on which the warrant issued out; or, if the affidavits are not positive, that there is probable ground for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of the day or night, as the case may be) to make immediate search on the person of C. D. (or in the house of C. D., as the case may be), for the following property: (particularly describing it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc., (stating place).

Dated the _____ day of _____, 20__
Ala. Code § 15-6-60 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-60
Section 15-6-60 Upon Conviction
Status: in_force

The court may, on the conviction of any person for an offense against the person or property of another and when necessary for the public good, require the defendant to enter into an undertaking, with sufficient sureties, to keep the peace for a period not exceeding 12 months and, on his failure to do so, may commit him.
Ala. Code § 15-9-37 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-37
Section 15-9-37 Authority of Arresting Officer to Command Assistance; Refusal to Assist Arresting Officer
Status: in_force

Every officer or other person empowered to make an arrest pursuant to a warrant issued under this division shall have the same authority in arresting an accused to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Ala. Code § 15-21-5 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-5
Section 15-21-5 Description of Party If Name Uncertain or Unknown
Status: in_force

If the name of the person on whose behalf an application for a writ of habeas corpus is made or the officer or person by whom he is imprisoned or detained is uncertain or unknown, he may be described in any way that is sufficient to identify him.
Ala. Code § 15-18-171.1 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-171.1
Section 15-18-171.1 Community Corrections Division
Status: in_force

The Community Corrections Division is created in the Department of Corrections. The division shall be responsible for implementing and administering this article and any provisions of law relating to the operation and management of a community-based sentencing program. The division shall employ an executive management staff consisting of a director and such other necessary employees for which funds are available. The director of the division and staff shall be Merit System employees of the state and the director shall report directly to the Commissioner of the Department of Corrections.
Ala. Code § 15-4-11 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-11
Section 15-4-11 Fees of Physician or Surgeon for Postmortem, Autopsy and Internal Examinations; Recovery of Costs by County Against Estate
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 15-5-14 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-14
Section 15-5-14 Disposition of Taken Property by Court If Property Stolen or Embezzled
Status: in_force

When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his title and the payment by him of all fees. If the warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2, the officer effecting the warrant must retain the property in his possession, subject to the order of the court to which he is required to return the proceedings or of the court in which the offense is triable in respect to which the property was taken.
Ala. Code § 15-21-7 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-7
Section 15-21-7 When Petition May Be Addressed to Another Judge; Justifying Proof Required; Ouster of Jurisdiction of Nearest Judge
Status: in_force

(a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is absent, is incapable of acting, has refused to grant the writ, has refused to grant the writ returnable within five days or has granted the writ returnable in five days but has failed or refused to rule therein within five days from the return date, it may be addressed to any other circuit court judge. In such case, before the writ is granted, proof must be made, either by the oath of the applicant or other sufficient evidence, of the particular facts which justify such address.

(b) The jurisdiction of the nearest circuit court judge shall be ousted when the petition is filed with any other circuit court judge.
Ala. Code § 15-18-8.2 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-8.2
Section 15-18-8.2 Discretion of Sentencing Judge to Determine Probation Revocation Sentence
Status: in_force

(a) Notwithstanding any other law to the contrary, if a defendant’s probation is revoked, and the defendant was sentenced pursuant to Section 15-18-8, the sentencing judge may determine the length of revocation sentence, including the ability to resplit the sentence within the remainder of the sentence pursuant to Section 15-18-8. If the revocation sentence imposed is less than the length of time remaining on the original sentence, the remainder of the sentence shall be suspended and the defendant may be placed on probation for a period and upon terms as the court deems best.

(b) This section shall apply to any defendant who is subject to probation without regard to when he or she was sentenced for or committed the crime.
Ala. Code § 15-18-67 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-67
Section 15-18-67 Restitution Hearing; Order of Restitution; Persons Entitled to Be Heard
Status: in_force

When a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary damages or loss to a victim, the court shall hold a hearing to determine the amount or type of restitution due the victim or victims of such defendant’s criminal acts. Such restitution hearings shall be held as a matter of course and in addition to any other sentence which it may impose, the court shall order that the defendant make restitution or otherwise compensate such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the administrator of any victim’s estate as well as the district attorney shall have the right to be present and be heard upon the issue of restitution at any such hearings.
Ala. Code § 15-2-5 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-5
Section 15-2-5 Venue - Stolen Property Brought into State
Status: in_force

When property is stolen elsewhere and brought into the State of Alabama, venue is in any county into which the property is brought.
Ala. Code § 15-8-2 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-2
Section 15-8-2 Indictable Offenses
Status: in_force

All felonies and all misdemeanors originally prosecuted in the district court or circuit court are indictable offenses.
Ala. Code § 15-18-200 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-200
Section 15-18-200 Motion by Persons Convicted of Capital Offense for Forensic Dna Testing and Analysis
Status: in_force

(a) An individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution of a sentence of death, through written motion to the circuit court that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic acid (DNA) testing on specific evidence, if that evidence was secured in relation to the investigation or prosecution that resulted in the conviction of the applicant, is still available for testing as of the date of the motion, forensic DNA testing was not performed on the case at the time of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate the convicted individual’s factual innocence of the offense convicted. The filing of a motion as provided in this subsection shall not automatically stay an execution.

(b) Upon receipt of a motion for DNA testing, the circuit court shall notify the state and shall afford the state an opportunity to respond to the motion.

(c) After notice to the state and an opportunity to respond, the circuit court may order forensic DNA testing and analysis if the court finds that all of the following apply:

(1) The specific evidence which the petitioner has requested be subject to forensic DNA testing and analysis is still in existence and is in a condition that allows forensic DNA testing and analysis to be conducted which would yield accurate and reliable results.

(2) The evidence was not previously subjected to nuclear forensic DNA testing or was not subjected to another forensic DNA technology, and which may resolve an issue not previously resolved by any prior forensic DNA testing and analysis. The type of forensic DNA testing requested must be generally accepted in the forensic community with the results eligible for inclusion in the National DNA Index System of the Federal Bureau of Investigation (FBI).

(d) Upon receipt of a motion for DNA testing or notice of a motion for DNA testing, the state and the circuit court shall take any steps reasonably necessary to ensure that any remaining biological material in the possession of either the state or the court is preserved pending the completion of proceedings under this section. In the event biological material is not available or that reliable testing is not possible due to the condition or absence of the biological material, the court shall dismiss the application without prejudice.

(e) A motion for DNA testing shall contain all of the following items:

(1) A clear and specific statement of how the requested forensic DNA testing would prove the factual innocence of the petitioner of the offense for which the petitioner was convicted, under penalty of perjury.

(2) A statement of the specific evidence that was secured in relation to the investigation or prosecution that resulted in the conviction of the petitioner to be tested, which shall include a statement that:

a. The evidence, which potentially contains DNA, was obtained in relation to the crime and subsequent indictment, which resulted in the petitioner’s conviction.

b. The evidence was not subjected to DNA testing because the existence of the evidence was unknown to the petitioner or to the petitioner’s trial attorney prior to trial or because the technology for the testing was not available at the time of trial.

c. A description of the evidence to be tested and, if known, its present location, its origin and the date, time, and means of its original collection.

d. The results of any DNA or other biological evidence testing that was conducted in relation to the investigation or prosecution that resulted in the conviction of the petitioner and entered as evidence at trial by either the prosecution or the defense, if known.

e. If known, the names, addresses, and telephone numbers of all persons or entities who are known or believed to have possession of any evidence described by paragraph a. or b., and any persons or entities who have provided any of the information contained in the petitioner’s motion, indicating which person or entity has which items of evidence or information.

f. The names, addresses, and telephone numbers of all persons or entities who may potentially testify for the petitioner and a description of the subject matter and summary of the facts to which each person or entity may testify in the event the circuit court determines an evidentiary hearing would be appropriate.

(3) Prima facie evidence demonstrating that the identity of the perpetrator was at issue in the trial that resulted in the conviction of the petitioner and that DNA testing of the specified evidence would, assuming exculpatory results, demonstrate the factual innocence of the applicant of the offense for which the petitioner was convicted.

(f)(1) Except as provided in subdivision (2), the circuit court shall order the testing requested in a motion for DNA testing, under reasonable conditions designed to protect the interest of the state and the integrity of the evidence and testing process, upon a determination, after review of the record of the trial of the applicant, of all of the following:

a. That the requirements of subsection (c) have been met.

b. That the evidence to be tested is in the possession of the state or the court and has been subject to a chain of custody sufficient to establish that it has not been altered in any material respect.

c. That the motion is made in a timely manner pursuant to the Alabama Rules of Criminal Procedure Rule 32.2(c), or within 12 months of August 1, 2009.

d. That the motion is for the purpose of demonstrating the actual innocence of the applicant and not to delay the execution of sentence or administration of justice.

(2) The court may not order the testing requested in a motion for DNA testing if, after review of the petition, the state’s response, if required, and the record of the trial of the applicant, the court determines that there is no reasonable possibility that the testing will produce exculpatory evidence that would exonerate the applicant of the offense for which the applicant was convicted.

(g)(1) Any DNA testing ordered under this section shall be conducted by the Department of Forensic Sciences or a laboratory mutually selected by the state and the petitioner, or if the state and the applicant are unable to agree on a laboratory, a laboratory selected by the court that ordered the testing. Any laboratory selected to conduct the testing shall be accredited by a national forensic organization and operate in compliance with the Quality Assurance Standards for Forensic DNA Testing Laboratories issued by the Director of the FBI.

(2) The costs of any testing ordered under this section shall be paid by the applicant, or in the case of an applicant who is indigent, and if the testing is not performed by the Department of Forensic Sciences, by the State Fair Trial Tax Fund as ordered by the court. If an applicant is deemed by the circuit court to be indigent and the circuit court orders the Department of Forensic Sciences to perform the forensic DNA testing and analysis, then the costs of testing ordered under this section shall be paid from the Alabama DNA Database Fund, as created in Section 36-18-32.

(3) The circuit court may appoint counsel for an indigent petitioner solely for the purpose of proceeding under this provision providing for post-conviction DNA testing. This provision is not to be construed as creating the right to the appointment of counsel for an Alabama Rules of Criminal Procedure Rule 32 post-conviction appeal and is to be limited to the sole issue of petitioning for possible post-conviction DNA testing.

(h)(1) If the DNA testing conducted under this section produces inconclusive evidence or evidence that is unfavorable to the petitioner, the court shall dismiss the petition.

(2) If the DNA testing conducted under this section produces conclusive evidence of the petitioner’s factual innocence of the offense convicted, the petitioner, during a 60-day period beginning on the date on which the petitioner is notified of the test results, may file a petition to the circuit court that ordered the testing for post-conviction relief pursuant to Rule 32.1 of the Alabama Rules of Criminal Procedure. Upon receipt of a petition, the circuit court that ordered the testing shall consider the petition pursuant to Rule 32, et seq. of the Alabama Rules of Criminal Procedure.
Ala. Code § 15-23-44 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-44
Section 15-23-44 Other Testimonial Privilege Not Limited by Provisions
Status: in_force

Nothing in this article shall be construed to limit any other testimonial privilege available to any person under other statutes or rules.
Ala. Code § 15-18-118 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-118
Section 15-18-118 Legal Status of Inmate Involved in Free Community, Etc
Status: in_force

No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department while involved in the free community or while going to and from employment or other specified areas.
Ala. Code § 15-20A-28 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-28
Section 15-20A-28 Juvenile Sex Offender - Lifetime Registration and Notification
Status: in_force

(a) A juvenile adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time of the offense, shall be subject to registration and notification, if applicable, for life:

(1) Rape in the first degree, as provided by Section 13A-6-61.

(2) Sodomy in the first degree, as provided by Section 13A-6-63.

(3) Sexual abuse in the first degree, as provided by Section 13A-6-66.

(4) Sexual torture, as provided by Section 13A-6-65.1.

(5) Any offense committed in any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (4), inclusive.

(6) Any offense, committed in this state or any other jurisdiction, comparable to or more severe than aggravated sexual abuse as described in 18 U.S.C. § 2241(a) or (b).

(7) Any attempt or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.

(b) A juvenile sex offender subject to lifetime registration may petition the sentencing juvenile court for relief from registration and notification, if notification was ordered, 25 years after the juvenile sex offender is released from the offense subjecting the juvenile sex offender to registration in accordance with this chapter, pursuant to Section 15-20A-34.

(c) A juvenile sex offender who is not subject to lifetime registration pursuant to subsection (a), shall be subject to this chapter for a period of 10 years from the date of first registration.

(d) The sentencing court or the juvenile court where the juvenile sex offender resides, if the juvenile sex offender’s adjudication of delinquency occurred in another jurisdiction, may give a juvenile sex offender credit for the time the juvenile sex offender was registered in another jurisdiction.

(e) A juvenile sex offender who is subsequently adjudicated as a youthful offender sex offender or convicted of another sex offense during his or her registration period shall be considered solely an adult sex offender.
Ala. Code § 15-18-179 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-179
Section 15-18-179 Application for Incorporation; Certificate of Incorporation; Amendment; Board of Directors; Dissolution; Funding; Competitive Bidding Laws Not Applicable
Status: in_force

(a) A public corporation may be organized as a community punishment and corrections authority pursuant to this article in any county or group of counties located in one or more judicial circuits. In order to incorporate the public corporation, any number of natural persons, not less than three, who are duly qualified electors of a proposed county or counties shall first file a written application with the county commission or any two or more thereof. The application shall contain all of the following:

(1) The names of each county commission with which the application is filed.

(2) A statement that the applicants propose to incorporate an authority pursuant to this article.

(3) The proposed location of the principal office of the authority.

(4) A statement that each of the applicants is a duly qualified elector of the county, or if there is more than one, at least one thereof.

(5) A request that the governing body of the determining subdivision adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed, approving its certificate of incorporation, and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with this article. Every application shall be accompanied by a form of certification of incorporation of the proposed authority and by any other supporting documents or evidence as the applicants may consider appropriate.

As promptly as may be practicable after the filing of the application with the county commission in accordance with this section, the county commission with which the application was filed shall review the contents of the application, and the accompanying form of certificate of incorporation. The county commission shall thereafter adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed, and that a community punishment and corrections program be established in such jurisdiction, approving the form of its certificate of incorporation, and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with this article. While it shall not be necessary that the resolution be published in a newspaper or posted, each governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.

(b) Within 40 days following the adoption of an authorizing resolution, or if there is more than one, the last adopted thereof, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the county in which the principal office of the authority is to be located, a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner as provided in this article and as approved by the governing body of each determining subdivision.

(c) The certificate of incorporation of the authority shall state all of the following:

(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the county, or if there is more than one, at least one thereof.

(2) The name of the authority, which may be a name indicating in a general way the area proposed to be served by the authority and shall include the words “____ Community Punishment and Corrections Authority,” or “The Community Punishment and Corrections Authority of _____,” the blank spaces to be filled in with the name of one or more of the counties or other geographically descriptive word or words, such descriptive word or words not, however, to preclude the authority from exercising its powers in other geographical areas unless the Secretary of State shall determine that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty, in which case the incorporators may insert additional identifying words so as to eliminate duplication or similarity.

(3) The period for duration of the authority; if the duration is to be perpetual, subject to subsection (g), that fact shall be stated.

(4) The name of each county together with the date on which the governing body adopted an authorizing resolution.

(5) The location of the principal office of the authority, which shall be within the boundaries of the county, or if more than one, at least one thereof.

(6) That the authority is organized pursuant to this article.

(7) The number of members of the board of directors of the authority, which shall be an odd number not less than five; the duration of their respective terms of office, which shall not be in excess of six years; and subject to the provisions of subsection (e), the manner of their election or appointment.

(8) Any provisions, not inconsistent with subsection (g), relating to the vesting of title to its properties upon its dissolution.

(9) Any other related matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this article or with the laws of the state.

(10) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it:

a. A copy of the application as filed with the county commission or county commissions in accordance with subsection (a).

b. A certified copy of the authorizing resolution adopted by the county commission or county commissions.

c. A certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.

(d) Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.

(e) The certificate of incorporation of any authority incorporated under this article may be amended at any time in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and may include any matters which might have been included in the original certificate of incorporation.

After adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chair of the board and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the county commission or county commissions, requesting the county commission or county commissions to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendments to the certificate of incorporation, together with such documents in support of the application as the chair of the board may consider appropriate. As promptly as may be practicable after the filing of the application pursuant to the foregoing provisions of this section, the county commission or county commissions shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. While it shall not be necessary that the resolution be published in a newspaper or posted, the county commission or county commissions with which the application is filed shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the county commission at which final action upon the application is taken. The certificate of incorporation of an authority may be amended only after the filing of an application for amendment and adoption by the county commission of each county of an approving resolution.

Within 40 days following the adoption by the county commission of a resolution approving the proposed amendment, or if there is more than one, the last adopted of the approving resolutions, the chairman of the board of the authority and the secretary of the authority shall sign and file for record in the office of the judge of probate with which the certificate of incorporation of the authority was originally filed, a certificate in the name of and in behalf of the authority, reciting the adoption of the respective resolutions by the board and by the county commission or county commissions and setting forth the proposed amendment. The judge of probate shall thereupon record the certificate in an appropriate book in his or her office. When the certificate has been filed and recorded, the amendment shall become effective, and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of an authority shall be amended except in the manner provided in this section.

(1) Each authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, except the board shall consist of at least five directors who shall be appointed by the county commission or county commissions of the counties involved. Unless provided to the contrary in its certificate of incorporation, all powers of the authority shall be exercised, and the authority shall be governed by the board or pursuant to its authorization. The directors or persons shall serve the terms of office as shall be specified in the certificate of incorporation of the authority. Any county commissioner or other county officer or employee shall be eligible for appointment to the board.

(2) If, at the expiration of any term of office of any director, a successor thereto shall not have been elected or appointed, then the director whose term of office shall have expired shall continue to hold office until a successor shall be so elected or appointed. If at any time there should be a vacancy on the board, whether by death, resignation, incapacity, disqualification, or otherwise, a successor director to serve for the unexpired term applicable to the vacancy shall be elected or appointed by the entity which appointed the member whose absence has created the vacancy. Each election or appointment of a director, whether for a full term or to complete an unexpired term, shall be made not earlier than 30 days prior to the date on which the director is to take office. Any director, irrespective of how elected or appointed, shall be eligible for reelection or reappointment.

(3) Each director shall serve without compensation but may be reimbursed for expenses actually incurred in and about the performance of his or her duties. A majority of the directors shall constitute a quorum for the transaction of business, but any meeting of the board may be adjourned from time to time by a majority of the directors present or may be so adjourned by a single director if the director is the only director present at the meeting. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and perform all the duties of the board. The board shall hold regular meetings at the times as may be provided in the bylaws of the authority. The board may hold other meetings at any time upon providing notice as required by the bylaws of the authority, and, upon call of the chair of the authority or a majority of the total number of directors, shall hold a special meeting. The meetings of the authority shall not be subject to the provisions of Section 13A-14-2, or other similar law.

(f) Every authority shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this article, including, without limiting the generality of the foregoing, the powers granted nonprofit corporations under the Alabama Nonprofit Corporation Act.

(g) A board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Notwithstanding the foregoing, an authority may not dissolve if there are any offenders participating in a community punishment and corrections program under its supervision. Upon filing for record of a certified copy of the resolution in the office of the judge of probate with which the authority’s certificate of incorporation is filed, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the authorizing counties.

(h) Where a group of counties combine and approve the creation of an authority as provided herein, or otherwise establish a community punishment and corrections program, the application for funding to the department shall contain a cooperative agreement indicating the willingness of each county to collaborate on the proposed program and to meet specific objectives. In addition, multi-jurisdictional applications shall provide for appointment of one fiscal agent to coordinate the financial activities of the grant.

(i) Articles 2 and 3 of Chapter 16 of Title 41, or other similar laws, shall not apply to an authority organized under this article, its directors, or any of its officers, agents, or employees in their capacities as such.
Ala. Code § 15-27-12 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-12
Section 15-27-12 Prerequisites to Expungement
Status: in_force

No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
Ala. Code § 15-21-17 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-17
Section 15-21-17 When Return to Be Made; Form and Contents of Return
Status: in_force

(a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified if practicable; and, if no day is specified therein and the place to which the return is to be made is not more than 30 miles from the place where the party is imprisoned or detained, the return must be made within two days after service, but if more than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days after service.

(b) The return must be signed by the person making it and be verified by his oath, unless he is a sworn public officer and makes the return in his official capacity, and it must state, plainly and unequivocally whether or not he has the party in his custody or power or under his restraint and, if so, by what authority and the cause thereof, setting out the same fully, together with a copy of the writ, warrant or other written authority, if any; and, if he has had the party in his custody or power or under his restraint at any time before or after the date of the writ but has transferred such custody or restraint to another, the return must state to whom, at what time, for what cause and by what authority such transfer was made.
Ala. Code § 15-11-12 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-12
Section 15-11-12 Requiring Witnesses to Enter Undertaking; Form of Undertaking
Status: in_force

(a) The court may require the witnesses for the prosecution to enter into an undertaking, in the sum of $100.00 each, to appear and testify at the court having cognizance of the offense and, if requested by the defendant, may require his witnesses to enter into such undertaking.

(b) The undertaking of the witnesses for the prosecution or defense may be in substance as follows:

charged with a public offense, do each agree to appear at the district court of _____ County, to give evidence against (or for, as the case may be) him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking is for the defendant’s witnesses) $100.00.

(c) Whenever the court has good reason to believe that a witness for the prosecution will not appear to testify, it may order such witness to enter into an undertaking to appear and testify in a larger sum and with sufficient sureties, but such surety must not be required from any witness who does not reside in this state and within 50 miles of the place where the examination takes place.
Ala. Code § 15-13-41 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-41
Section 15-13-41 Deposit Permitted After Bail Given and Prior to Forfeiture; Exoneration of Bail
Status: in_force

If a defendant has given bail, he may, at any time before the forfeiture of the undertaking, deposit the sum mentioned in the recognizance with the clerk of the court in which he is held to answer; and, upon the deposit’s being made, the bail is exonerated.
Ala. Code § 15-20-37 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-37
Section 15-20-37 Construction
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-2-21 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-21
Section 15-2-21 Change on Motion of Trial Judge
Status: in_force

On his own motion, a trial judge may, with the consent of the defendant, direct and order a change of venue as is authorized in Section 15-2-20 whenever, in his judgment, there is danger of mob violence, and it is advisable to have a military guard to protect the defendant from mob violence.
Ala. Code § 15-12-43 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-43
Section 15-12-43 Compensation and Expenses
Status: in_force

(a) The public defender shall receive a salary set by the director. The salary shall not exceed the state salary paid to a district attorney and shall be paid in the same manner as employees of the state.

(b) All salary and expenses of a public defender shall be paid by the state out of the Fair Trial Tax Fund or other funds appropriated by the Legislature for such purposes; except, that in counties authorized to impose a court cost for defender services, the county shall fund defender services from the revenues from the court cost, and the state shall pay a reasonable share of the cost of maintaining such office, such reasonable share to be determined by the director.
Ala. Code § 15-15-40 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-40
Section 15-15-40 Objection to Formation of Grand Jury or Indictment Generally
Status: in_force

(a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken to the indictment except by a plea in abatement to the indictment, and no objection can be taken to an indictment by a plea in abatement except upon the ground that the grand jurors who found the indictment were not drawn by the officer designated by law to draw the same; but neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.

(b) No objection can be taken to an indictment, by plea in abatement or otherwise, on the ground that any member of the grand jury was not legally qualified, that the grand jurors were not legally drawn or summoned or on any other ground going to the formation of the grand jury except that the jurors were not drawn in the presence of the officers designated by law; and neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.
Ala. Code § 15-14-52 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-52
Section 15-14-52 Definitions
Status: in_force

Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, the following terms, whether used in the singular or plural shall be given the following respective interpretations:

(1) PERSON. A human being, a public or private corporation, an unincorporated association, a partnership, or other entity established by law, and/or a government or a governmental instrumentality, including, but not limited to, the State of Alabama or any political subdivision thereof.

(2) CRIMINAL OFFENSE. Conduct which is alleged in any summons, complaint, warrant of arrest, information, presentment, or indictment and for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.

(3) VICTIM. A person who is a victim of the defendant’s criminal offense.
Ala. Code § 15-22-111 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-111
Section 15-22-111 Purpose
Status: in_force

The purpose of this article is to establish a process for the consideration of posthumous pardons by the State Board of Pardons and Paroles for certain felons.
Ala. Code § 15-8-111 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-111
Section 15-8-111 Utilization of Record Copy
Status: in_force

When it is shown to the court that an original indictment, recorded as required by law, has been lost, destroyed or so mutilated as to be illegible, the court shall direct the clerk to make and certify a copy thereof from such record, upon which the defendant may be arraigned and tried as upon the original indictment.
Ala. Code § 15-13-111 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-111
Section 15-13-111 Kinds of Bail
Status: in_force

For persons arrested and taken into custody, there shall be four kinds of bail used in this state. No other form of bail may be approved and accepted by any judicial officer, court clerk, magistrate, or any other person designated to accept and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive. The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional surety bail. Their definitions are as follows:

(1) CASH BAIL. Cash bail is when the defendant or some person on behalf of the defendant deposits cash in an amount equal to the total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction over the case. Acceptance of cash bail shall conform to Division 9.

(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the release of any defendant without any condition of an undertaking relating to, or a deposit of, security. Judicial public bail shall be granted to persons subjected to custodial arrest only by a judicial officer having jurisdiction over the defendant and in accordance with the procedures established in Division 7 .

(3) PROFESSIONAL SURETY BAIL. Professional surety bail is when a defendant is released on bail by having a professional surety or professional bail company execute a bond on behalf of the defendant and becoming surety on the bail. Professional surety or professional bail companies shall meet the qualification requirements of Division 10.

(4) PROPERTY BAIL. Property bail is when a defendant is released on bail by having at least one or more real property owners that own real property in the state , execute or become bail or surety for the defendant. Real property owners shall qualify and meet requirements applying to property bail as set out in Division 8.
Ala. Code § 15-21-13 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-13
Section 15-21-13 Notice to District Attorney, Prosecutor or Arrestor Required When Criminal Charge; Bail Without Notice
Status: in_force

If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned and detained on any criminal charge or accusation, the officer issuing the writ must endorse thereon an order requiring the applicant, or someone else for him, to give notice to the district attorney of the circuit or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and of the time and place at which it is returnable. If such notice is not given when the district attorney or other person entitled to it is within 50 miles of the place of examination, the party who is imprisoned must not be discharged. But, if the party is charged with an offense which is bailable and he waives an examination into the facts, the judge may fix the amount of bail, without notice to the district attorney or prosecutor, and in so doing, he must act on the presumption that the offense is of the highest grade.
Ala. Code § 15-11-6 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-6
Section 15-11-6 Examination of Complainant and Witnesses
Status: in_force

The court before whom any person is brought charged with a public offense must examine the complainant and the witnesses for the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the testimony for the prosecution is heard, the witnesses for the defendant must be sworn and examined.
Ala. Code § 15-5-50 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-50
Section 15-5-50 Warrant for Tracking Device Installation; Requirements; Procedures
Status: in_force

(a) Any circuit or district court judge in this state is authorized to issue a warrant to install a tracking device. The term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object.

(b) Upon the written application, under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure 1.4, district attorney, or Attorney General of the state, including assistant and deputy district attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device. The warrant application shall do all of the following:

(1) State facts sufficient to show probable cause that a crime is being, has been, or is about to be committed in the jurisdiction of the issuing judge.

(2) Identify the person, if reasonably determinable, or object, or both, that is, was, or will be involved in the commission of the alleged offense.

(3) Describe, with particularity, the item or person, or both, to be tracked by use of a tracking device.

(c)(1) A warrant for a tracking device shall identify the person, if reasonably determinable, or the object to be tracked, or both, and specify a reasonable length of time that the tracking device may be used, not to exceed 45 days from the date that the warrant was issued unless the issuing judge grants one or more extensions for a reasonable time not to exceed 45 days each, based on new, renewed, or ongoing probable cause.

(2) The warrant shall include the authorization for access to and into the object that will be tracked and any building, dwelling, structure, or curtilage in which the object is located for the limited purpose of installing the tracking device or for maintenance, repair, or retrieval of the tracking device. The warrant shall state that the tracking device may be installed, repaired, maintained, or retrieved at any time during the day or night. However, access to and into any building, dwelling, structure, or curtilage in which the object is located shall be limited to the daytime unless the affidavit sets out that the purpose of the tracking device is to investigate a crime involving a controlled substance, an explosive device or material used or to be used in creating an explosive device, or chemical, biological, or nuclear materials used or to be used in creating an explosive device or a weapon of mass destruction, or an emergency situation involving danger to a person, at which point access to and into any building, dwelling, structure, or curtilage in which the object is located may be allowed at any time of the day or night. The time of day for access to and into any building, dwelling, structure, or curtilage shall be set out in the warrant. The device may be monitored at any time of the day or night.

(3) The warrant shall command the officer to do all of the following:

a. Install the tracking device upon the person or object to be tracked while the person or object is within the jurisdiction of the judge issuing the warrant.

b. Complete the installation within 10 days from the date the warrant is issued.

c. Require that the law enforcement officer make a written return of the warrant within 10 days after the use of the tracking device has ceased, and the device removed if possible, to the judge issuing the warrant or other authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available setting out the time period or time periods that surveillance occurred. If the device was not able to be removed, require an explanation as to why the device was not removed.

(d) The law enforcement officer executing the warrant shall do all of the following:

(1) Enter on the warrant the date and time the device was installed and the period during which it was used.

(2) Within 10 days after the use of the tracking device has ended, return the warrant with a copy of the inventory that sets out the time period for which the tracking device was active, a statement that the device was removed, or an explanation as to why the device was not removed, to be listed on the inventory, to the issuing judge or other authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available, and serve a copy of the warrant on the person who was tracked or whose property was tracked. Service may be accomplished by delivering a copy of the warrant to the person who was tracked or whose property was tracked, leaving a copy at that person’s residence or usual place of abode with an individual of suitable age and discretion who resides at that location, or mailing a copy to the person’s last known address. Upon request of the state, the judge may delay notice as provided in subsection (f).

(e) The law enforcement officers involved in the investigation shall retrieve or cause to be retrieved the tracking device as soon as it is practicable prior to the expiration of the warrant. If retrieval is not practicable, monitoring of the mobile tracking device shall cease on expiration of the warrant.

(f) With respect to a warrant issued pursuant to this section, notice to the person who was tracked or whose property was tracked may be delayed upon the request of the applicant if the following applies:

(1) The court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result. An adverse result means any of the following:

a. Endangerment to the life or physical safety of an individual.

b. Flight from prosecution.

c. Destruction of or tampering with evidence.

d. Intimidation of potential witnesses.

e. Any occurrence that would otherwise seriously jeopardize an investigation or unduly delay a trial.

(2) The warrant provides that notice shall be given within a reasonable period not to exceed 90 days after the date the warrant was returned to the issuing judge or authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available. The delay may be extended by the court if the court determines that there is a continuous finding of an adverse result, subject to the condition that an extension shall only be granted upon an updated showing of the need for further delay. Each additional delay shall be limited to a period of 90 days or less, unless the facts of the case justify a longer period, provided, however, that the delayed notification shall be no later than the date of arrest of the individual who was tracked or whose property was tracked if the arrest is based wholly or in part upon the results of the tracking device or other information discovered as part of the investigation in which the tracking device was used.

(g) The warrant shall direct that the affidavit, application, warrant, inventory, and return be sealed until notice is given to the person who was tracked or whose property was tracked.

(h) If an authorized judge issues a warrant for a tracking device in accordance with this section, the device shall be installed in any county within the jurisdiction of the issuing judge.

(i) Upon obtaining a warrant for a tracking device or any other electronic device for which location information may be obtained as authorized by Section 15-5-40, the device may be monitored from, or information regarding the device obtained while in, any location within this state regardless of the location of the device itself, even if the device is transported throughout or outside of this state, unless otherwise prohibited by federal law.
Ala. Code § 15-15-44 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-44
Section 15-15-44 When Plea on Ground Grand Jurors Improperly Drawn to Be Filed; Procedure When Plea Sustained
Status: in_force

A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and, if the accused has not been arrested, it must be filed at the first session at which it is practicable after the defendant’s arrest; and, in all cases before a plea to the merits, if sustained, the defendant must not be discharged but must be held in custody or bailed, as the case may be, to answer another indictment at the same or the next session of the court, and the time elapsing between the first and second indictments, in such case, must not be computed as a part of the period limited by law for the prosecution of the offense.
Ala. Code § 15-9-83 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-83
Section 15-9-83 Action by Official Having Custody of Prisoner Upon Receipt of Request for Final Determination
Status: in_force

The request shall be delivered to the warden or other like official having custody of the prisoner, who shall forthwith:

(1) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the prisoner and any decisions of the State Board of Pardons and Paroles relating to the prisoner; and

(2) Send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to the district attorney to whom it is addressed.
Ala. Code § 15-18-117 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-117
Section 15-18-117 Supervision Charge Authorized
Status: in_force

The department is authorized to charge each inmate participating in the program a weekly amount for supervision costs, which shall not exceed 25 percent of the adjusted gross weekly income of the inmate. Such sums shall be retained by the department and placed in a fund in the State Treasury to defray the expense of administering this program and is hereby appropriated therefor.
Ala. Code § 15-25-30 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-30
Section 15-25-30 Short Title
Status: in_force

This article shall be entitled “The Child and Protected Person Physical and Sexual Abuse, and Violent Offense Victim Protection Act.”
Ala. Code § 15-22-29.2 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-29.2
Section 15-22-29.2 Notification Requirements Upon Arrest of Parolee for New Offense
Status: in_force

If a parolee is arrested for a new offense, before he or she may bond out on the new offense, the Board of Pardons and Paroles shall be notified of the parolee’s arrest. The parolee may be held as long as necessary, but no longer than four hours after arrest, to give the board the opportunity to subject the parolee to the electronic monitoring required pursuant to Section 15-22-29.
Ala. Code § 15-22-91 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-91
Section 15-22-91 Grant of Pardon Upon Application or Affidavit; Notice; Hearing
Status: in_force

(a) A person who, while protesting or challenging within the state a state law or municipal ordinance the purpose of which was to maintain racial segregation or racial discrimination of individuals, was convicted for the protest or challenge, upon application to the State Board of Pardons and Paroles, or if the conviction was for violation of a municipal ordinance, to the municipal parole board, or if no municipal parole board, to the mayor of the municipality, shall be granted a pardon of the conviction. The State Board of Pardons and Paroles or the municipal parole board or, if no municipal parole board, the mayor shall provide notice of the application to the district attorney of the county or the appropriate municipal official where the violation occurred within 60 days after its submission. The pardon shall be granted within 42 days after the submission of the application unless it is objected to by the state on the grounds that the conviction did not result from a violation of a law the purpose of which was to maintain racial segregation or racial discrimination of individuals. In lieu of the above, the State Board of Pardons and Paroles or municipal parole board may grant a pardon to a person who files a sworn affidavit stating that he or she while protesting or challenging a state law or municipal ordinance the purpose of which was to maintain racial segregation or racial discrimination of individuals was convicted for the protest or the challenge. If the information in the affidavit is later found to be false, then the pardon shall be void. If the state or municipality objects, a hearing shall be scheduled as soon as practical with notice of the hearing to all interested parties.

(b) If the convicted person is deceased, the application may be filed by a person who can show legal authority to act on behalf of the deceased person.
Ala. Code § 15-4-7 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-7
Section 15-4-7 Rendition of Verdict by Jury and Certification by Inquisition; Contents of Inquisition
Status: in_force

After inspecting the body and hearing the evidence, a jury summoned under this chapter must render its verdict and certify it by an inquisition in writing signed by it, setting forth who the person is and when, where and by what means he came to his death and, if the death was occasioned by the act of another by unlawful means, who is guilty thereof; but if the person, means or manner of his death or the person by whose act he came to his death are not discovered by the evidence, the inquisition must so state, and if there is no evidence tending to show that the deceased came to his death by the unlawful act of another, the inquisition must also state that fact.
Ala. Code § 15-9-62 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-62
Section 15-9-62 Payment of Expenses Incurred in Transporting an Accused Individual
Status: in_force

(a) Expenses incurred in transporting an accused individual shall be paid as follows:

(1) When the individual is accused of a crime punishable by confinement with the Department of Corrections or death, the expenses shall be paid out of the State Treasury, on the certificate of the Governor and warrant of the Comptroller.

(2) In all other cases, the expenses shall be paid out of the county treasury in the county in which the crime is alleged to have been committed.

(b) Notwithstanding any other provision of law regulating expenses of state officers and employees, the sheriff or other agent of the state shall receive all of the following:

(1) One hundred dollars ($100) per day while going to and returning from the place where the prisoner is arrested or confined.

(2) Actual necessary expenses.

(3) Transportation expenses, which shall be reimbursed as provided under Article 2 of Chapter 7 of Title 36.

(c) Any expenses incurred by an agent of another state may also be paid pursuant to subsection (a).
Ala. Code § 15-16-65 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-65
Section 15-16-65 Appointed Counsel; Payment
Status: in_force

Where the defendant does not have an attorney, the court shall appoint him one for purposes of the hearing. Payment of appointed counsel for indigent defendants shall be at the same rates and with the same limitations as would apply if the hearing were a criminal prosecution.
Ala. Code § 15-13-40 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-40
Section 15-13-40 When Deposit Authorized in Lieu of Bail
Status: in_force

At any time after an order admitting him to bail, a defendant, instead of giving bail, may deposit with the clerk of the court in which he is held to answer the sum mentioned in the order; and, upon delivering to the officer in whose custody he is a certificate of the deposit, he must be discharged from custody.
Ala. Code § 15-2-22 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-22
Section 15-2-22 Witnesses
Status: in_force

When an application for a change of venue is presented to the court, the judge shall have authority to, and may, direct the issue of subpoenas for such number of witnesses for either the defendant or the state as he may deem just and proper to appear before the court on the hearing of such application to testify as to the facts concerning the issues made by such application. The number and names of such witnesses shall be subject to the control and discretion of the court, and the costs are to be taxed as provided in Section 12-19-233. This section shall not prevent the presentation of facts by affidavit.
Ala. Code § 15-9-31 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-31
Section 15-9-31 Form of Demand
Status: in_force

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found, or by an information supported by affidavit, in the state having jurisdiction of the crime or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
Ala. Code § 15-9-49 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-49
Section 15-9-49 Recall of Warrant or Issuance of Alias
Status: in_force

Under this division, the Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Ala. Code § 15-17-2 — Alabama Code / Title 15 / Chapter 17 / Section 15-17-2
Section 15-17-2 When Jury Cannot Agree Upon Verdict as to All Jointly Tried Defendants
Status: in_force

When several persons are indicted and tried jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they agree, on which a judgment must be entered accordingly, and the case as to the other defendants may be tried by another jury.
Ala. Code § 15-23-64 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-64
Section 15-23-64 Prosecuting Attorney Required to Confer with Victim Prior to Final Disposition of Offense
Status: in_force

The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.
Ala. Code § 15-8-51 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-51
Section 15-8-51 Charging Different Results from Same Act
Status: in_force

When an act is criminal, if producing different results, such results may be charged in an indictment in the same count in the alternative.
Ala. Code § 15-26A-1 — Alabama Code / Title 15 / Chapter 26A / Section 15-26A-1
Section 15-26A-1 Video Deposition of a Victim of or Witness to a Human Trafficking Crime
Status: in_force

(a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a video deposition of a victim of or witness to a crime without regard to the age of the victim or witness.

(b) On any motion for a video deposition of the victim or witness, the court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by rule of the Supreme Court.

(c) During the recording of a video deposition authorized pursuant to this section, the following persons shall be in the room with the victim or witness:

(1) The prosecuting attorney.

(2) The attorney for the defendant.

(3) A person whose presence, in the judgment of the court, contributes to the well-being of the victim or witness and who has dealt with the victim or witness in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution.

(4) Additional persons, other than the defendant, in the discretion of the court.

(d) Examination and cross-examination of the victim or witness shall proceed at the taking of the video deposition as though the victim or witness were testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition at a suitable and reasonable time prior to the trial of the case. The court shall enter a protective order prohibiting the attorney for the defendant from copying, reproducing, or distributing the video deposition. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the victim or witness and shall be viewed and heard at the trial of the case.

(e) For the purposes of this section, “video deposition” means the recording of video, with sound, of witness testimony made under oath to be entered in the record in a judicial proceeding.

(f) The Supreme Court may adopt rules of procedure regarding the taking and use of video depositions in criminal proceedings and juvenile cases, as well as transcription of video depositions in appeals of those cases.

(g) All costs associated with the recording of a deposition ordered pursuant to this section shall be paid by the state. The district attorney or Attorney General shall submit all related cost bills to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.

(h) All recordings of video depositions ordered pursuant to this section shall be subject to any protective order of the court for the purpose of protecting the privacy of the victim or witness of the offense.

(i) When necessary, the operator of the equipment used to record video depositions may also be in the room during the taking of the deposition and the operator shall make every effort to be unobtrusive.

(j) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the testimony of the victim or witness, the defendant shall be provided access to view the testimony out of the presence of the victim or witness and shall be allowed to communicate with his or her attorney by any appropriate election method.

(k) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question the victim or witness on behalf of the pro se defendant if the court finds that there is a substantial likelihood that the victim or witness would experience emotional harm if the defendant were allowed to question the victim or witness.
Ala. Code § 15-5-65 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-65
Section 15-5-65 Disposition of Proceeds
Status: in_force

(a) Unless by other agreement of the primary law enforcement agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of or custody, advertising, prosecution, and court costs. The remaining proceeds from the sale or distribution shall be awarded by the court pursuant to recommendation of the prosecutorial entity on a pro rata share to the participating law enforcement agencies, the prosecutorial entity that pursued the action, and as payment of restitution to any victims of the underlying offense. Any proceeds from sales authorized by this section awarded by the court to a county or municipal law enforcement agency shall be deposited into the respective county or municipal general fund and made available to the appropriate law enforcement agency upon requisition of the chief law enforcement official of the agency. Any monies or proceeds authorized by this article and ordered by the court to be distributed to the district attorney shall be deposited into the district attorney’s solicitor’s fund to be expended for lawful law enforcement purposes.

(b) Upon motion of any party, a proceeding instituted under this article shall be stayed pending the disposition of the underlying criminal action.

(c) Any applicable filing fee, court process, or other costs associated with the filing of an action or lien pursuant to this article may not be waived, and shall be payable at the conclusion of the action and deducted from the total award ordered by the court. In the event the plaintiff does not prevail in the action, all filing fees and court costs shall be paid within 15 days from the court’s order denying relief.
Ala. Code § 15-7-2 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-2
Section 15-7-2 Examination of Complainant and Witnesses; Taking of Depositions
Status: in_force

(a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to be subscribed by the person making them.

(b) The depositions must set forth the facts stated by the complainant and his witnesses tending to establish the commission of the offense and the guilt of the defendant.
Ala. Code § 15-23-63 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-63
Section 15-23-63 Prosecuting Attorney Required to Notify Victim of Charges and Proceedings; Request for Notice
Status: in_force

(a) Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant, criminal proceedings, except initial appearances, as soon as practicable, including any changes that may occur.

(b) The victim shall provide to and maintain with the office of the prosecuting attorney a request for notice on a form provided by the agency. The form shall include the telephone number and address of the victim. If the victim fails to keep this information current, his or her request for notice shall be considered withdrawn and void. Except as otherwise provided, all notices provided to a victim pursuant to this article shall be on forms developed and produced for the appropriate government agency or office.
Ala. Code § 15-11-7 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-7
Section 15-11-7 Appearance by Counsel for Defendant; Separation of Witnesses; Control of Hearing
Status: in_force

In a preliminary examination, the defendant may appear by counsel and, on application, the court may direct the witnesses for the prosecution or defense, or both, to be kept separate so that they cannot hear the evidence or converse with each other until examined. Such an examination is under the control of the court and should be so conducted as to elicit the facts of the case.
Ala. Code § 15-4-8 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-8
Section 15-4-8 Return of Inquisition and Preliminary Investigation to Circuit Court; Undertaking of Witnesses to Appear in Court
Status: in_force

(a) An inquisition taken under this chapter must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit court of the county.

(b) The coroner must also require all the material witnesses to enter into an undertaking to appear at the circuit court, if in session, or, if not, at the next session thereof; he may require surety to such undertaking and, on the failure of a witness to enter therein, may commit him until he enters into the same.
Ala. Code § 15-26-5 — Alabama Code / Title 15 / Chapter 26 / Section 15-26-5
Section 15-26-5 Conduct of Grand Jury Proceeding Involving Sworn Police Officers by Audio-Video Communication Device
Status: in_force

At the discretion of the district attorney, any grand jury proceeding involving sworn police officers may be conducted by an audio-video communication device. The audio-video communication shall enable the district attorney, the grand jury, and the sworn police officer to see and converse simultaneously with each other. The signal of the audio-video communication shall be transmitted live and shall be secure from interception or eavesdropping by anyone other than the persons communicating.
Ala. Code § 15-22-90 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-90
Section 15-22-90 Short Title
Status: in_force

This article may be known and cited as “The Rosa Parks Act.”
Ala. Code § 15-3-8 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-8
Section 15-3-8 Crimes Punishable Under Different Provisions
Status: in_force

Any act or omission declared criminal and punishable in different ways by different provisions of law shall be punished only under one of such provisions, and a conviction or acquittal under any one shall bar a prosecution for the same act or omission under any other provision.
Ala. Code § 15-26-4 — Alabama Code / Title 15 / Chapter 26 / Section 15-26-4
Section 15-26-4 Utilization of Audio-Video Communication by Law Enforcement Officer
Status: in_force

Any law enforcement officer issuing a Uniform Traffic Ticket and Complaint or a Uniform Non-Traffic Citation and Complaint within the jurisdiction of the court may utilize audio-video communication equipment to acknowledge under oath facts alleged on the complaint. The audio-video communication shall operate in a manner which will allow the judge or magistrate and the law enforcement officer to simultaneously view and verbally communicate with each other.
Ala. Code § 15-20A-35 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-35
Section 15-20A-35 Youthful Offender Treated as Juvenile or Adult
Status: in_force

For the purposes of this chapter, a youthful offender sex offender who has not been previously adjudicated or convicted of a sex offense and who has not yet attained the age of 18 at the time of the offense shall be considered a juvenile sex offender. A youthful offender sex offender who has been previously adjudicated or convicted of a sex offense as a juvenile sex offender, youthful offender sex offender, or adult sex offender, or who has attained the age of 18 at the time of the offense shall be treated as an adult sex offender convicted of a sex offense. A youthful offender sex offender who is treated as a juvenile sex offender for purposes of this chapter may not be released from the jurisdiction of the sentencing court until the youthful offender sex offender has undergone sex offender treatment and a risk assessment as required by Section 15-20A-26.
Ala. Code § 15-25-2 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-2
Section 15-25-2 Prosecution for Physical, Sexual, or Violent Offense Involving Child or Protected Person - Videotaped Deposition; Who May Be Present; Procedure; Protective Order; Appointment of Counsel
Status: in_force

(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a video deposition of an alleged victim of or witness to the crime who is a child or a protected person at the time of the order.

(b) On any motion for a video deposition of the victim or a witness, the court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.

(c) During the recording of a video deposition, the following persons shall be in the room with the child or the protected person:

(1) The prosecuting attorney.

(2) The attorney for the defendant.

(3) A person whose presence, in the judgment of the court, contributes to the well-being of the child or protected person and who has dealt with the child or the protected person in a therapeutic setting regarding the abuse.

(4) Additional persons, other than the defendant, may be admitted into the room in the discretion of the court.

(d) Examination and cross-examination of the alleged victim or witness shall proceed at the taking of the video deposition as though the alleged victim or witness were testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition at a suitable and reasonable time prior to the trial of the case. The court shall enter a protective order prohibiting the attorney for the defendant from copying, reproducing, or distributing the video deposition. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the alleged victim or witness and shall be viewed and heard at the trial of the case.

(e) For the purposes of this section, “video deposition” means the recording of video, with sound, of witness testimony made under oath to be entered in the record in a judicial proceeding.

(f) The Supreme Court may adopt rules of procedure regarding the taking and use of video depositions in criminal proceedings and juvenile cases, as well as transcription of video depositions in appeals of those cases.

(g) All costs associated with the recording of a deposition ordered pursuant to this article shall be paid by the state. The district attorney shall submit all related cost bills to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.

(h) All recordings of video depositions ordered pursuant to this article shall be subject to any protective order of the court for the purpose of protecting the privacy of the victim of the offense.

(i) When necessary, the operator of the equipment used to record video depositions may also be in the room during the taking of the deposition and the operator shall make every effort to be unobtrusive.

(j) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the testimony of the child or protected person, the defendant shall be provided access to view the testimony out of the presence of the child or protected person and shall be allowed to communicate with his or her attorney by any appropriate election method.

(k) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question a child or a protected person on behalf of the pro se defendant if the court finds that there is substantial likelihood that the child or protected person would experience emotional harm if the defendant were allowed to question the child or protected person.
Ala. Code § 15-14-51 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-51
Section 15-14-51 Legislative Findings; Purpose of Article
Status: in_force

(a) The Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or hearing or any portion thereof conducted by any court which in any way pertains to such offense.

(b) Further, the Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense not be excluded from any hearing or trial or any portion thereof conducted by any court which in any way pertains to such offense, merely because the victim has been or may be subpoenaed to testify at such hearing or trial or because of any arbitrary or invidious reason.

(c) The provisions of this article are to be construed so as to accomplish these purposes and to promote the same which are hereby declared to be the public policy of this state.
Ala. Code § 15-23-19 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-19
Section 15-23-19 Penalties - Failure of Commission Member to Disclose Conflict of Interest
Status: in_force

(a) A member, agent or employee of the Alabama Crime Victims Compensation Commission commits the crime of failing to disclose a conflict of interest if such member, agent or employee exercises any discretionary function in connection with a commission contract, purchase, payment or other pecuniary transaction pertaining to the commission without advance public disclosure of a known potential conflicting interest in the transaction.

(b) A “potential conflicting interest” exists, but is not limited to, when the member, agent or employee of the commission is a director, president, general manager or similar executive officer, or owns directly or indirectly a substantial portion of any nongovernmental entity participating in the transaction.

(c) Public disclosure shall mean a public announcement and written notification to the Attorney General.

(d) Failing to disclose a conflict of interest is a Class C felony.
Ala. Code § 15-22-55 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-55
Section 15-22-55 Assessment and Payment of Court Costs of Termination of Probation Proceedings
Status: in_force

All costs of court, including witness fees, relating to a termination of probation proceeding shall be assessed and paid in the same manner as if no suspension of execution of sentence had intervened.
Ala. Code § 15-3-1 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-1
Section 15-3-1 Felonies Generally
Status: in_force

Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense.
Ala. Code § 15-20A-45 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-45
Section 15-20A-45 Penalties
Status: in_force

(a) A sex offender who is convicted of any offense specified in this chapter, in addition to any imprisonment or fine, or both, and in addition to any other fees, costs, and assessments, imposed for the commission of the underlying offense, shall be punished by a fine of two hundred fifty dollars ($250).

(b) The fines collected in subsection (a) shall be distributed as follows:

(1) Fifty dollars ($50) to the Highway Traffic Safety Fund in the Alabama State Law Enforcement Agency.

(2) Twenty-five dollars ($25) to the Circuit Clerk’s Restitution Recovery Fund.

(3) Twenty-five dollars ($25) to the State General Fund.

(4) Fifty dollars ($50) to the District Attorney’s Fund or the fund prescribed by law for district attorney fees.

(5) Fifty dollars ($50) to the Office of Prosecution Services for the Alabama Computer Forensics Labs.

(6) Fifty dollars ($50) to the law enforcement agency who requested the warrant subject to the following:

a. If the warrant was requested by the sheriff, or his or her designee, any and all monies collected under this subsection shall be deposited in the county general fund earmarked for use by the sheriff and shall be paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.

b. The monies provided in this subdivision and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.

c. If the warrant was requested by a municipality, any proceeds from this subdivision shall be deposited into the municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of such agency or department and shall be used for any lawful purpose related to sex offender registration notification, tracking, or apprehension. The monies provided in this paragraph shall in no way diminish or take the place of any other reimbursement or other source of income established for the chief of police for the operation of his or her office.

(c) Fines ordered pursuant to this section shall not be waived, suspended, or remitted.
Ala. Code § 15-13-106 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-106
Section 15-13-106 Illegal Commitment
Status: in_force

Except in cases where there is no right to release on bail pursuant to Section 15-13-3, no person or defendant shall be committed to any jail in the State of Alabama on a warrant unless there is an amount of bail affixed to the warrant. No person or defendant shall remain in jail anywhere in this state for more than 24 hours for any felony or misdemeanor case without an order of bail, unless bail is not authorized by law.
Ala. Code § 15-20-5 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-5
Section 15-20-5 Reported Information to Be Recorded and Indexed by Department of Public Safety; Information Available to Law Enforcement Officers, Etc
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-25-7 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-7
Section 15-25-7 Allowance of Leading Questions; Scope and Extent
Status: in_force

In any criminal prosecution referred to in Section 15-25-1, the court may allow leading questions at trial by the prosecution or defense of any victim or witness in a case who is under the age of 12 or is a protected person, if the court determines that the allowance of leading questions will further the interests of justice. The court, on motion of the prosecution or the defense, or on its own motion, may limit the scope and extent of any leading questions.
Ala. Code § 15-22-76 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-76
Section 15-22-76 Discharge; Arrest for Violation of Parole, with or Without Warrant; Brought Before Parole Officer; Hearing; Serving Sentence Upon Revocation
Status: in_force

Upon the expiration of the period of parole the parolee shall be discharged. At any time during the period of parole the parolee may be arrested for the violation of any condition of his parole, and after a hearing by the board his parole shall be subject to revocation. Any parole officer, police officer or other law enforcement officer may arrest a parolee with or without a warrant for the violation of any condition of his parole. In case of an arrest without a warrant, the arresting officer shall have a written statement by a parole officer setting forth that parolee has, in the judgment of the parole officer, violated the conditions of his parole. Such statement shall be sufficient warrant for the detention of said parolee until he can be brought before a parole officer. Such parole officer, after advising said parolee in writing of the charged violation and hearing any evidence or explanation offered by parolee in his defense shall, if not satisfied from the evidence or explanation of the parolee, forthwith submit to the board a written report of such violation. Upon receipt of such report the board shall set a hearing date to determine if such parole shall be revoked. The parolee at such hearing may be represented by counsel and present evidence in his defense, In the event such parole is revoked, the board shall prepare a written opinion stating the evidence relied upon and the reason for such revocation. The parolee, upon such revocation, shall serve his sentence as though no parole had been granted him, notwithstanding his sentence would have ended but for the suspension thereof by parole.
Ala. Code § 15-21-6 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-6
Section 15-21-6 To Whom Petition Addressed
Status: in_force

(a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an indictment for felony, the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.

(b) When the person is confined in the penitentiary or under a sentence, judgment or order of the supreme court or the circuit court, other than an indictment for felony, the petition must be addressed to the nearest circuit court judge.

(c) In all other cases, it may be addressed to any one of them, and when the person is confined in any other place than the county jail or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit court judge.
Ala. Code § 15-15-41 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-41
Section 15-15-41 When Filed Generally
Status: in_force

Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has been arrested; or, if the accused has not been arrested, such a plea in abatement must be filed at the first session at which it is practicable after the defendant has been arrested, but in all cases such a plea in abatement must be filed before the plea to the merits.
Ala. Code § 15-8-90 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-90
Section 15-8-90 When Allowed
Status: in_force

An indictment may be amended, with the consent of the defendant entered of record, when the name of the defendant is incorrectly stated or when any person, property or matter therein stated is incorrectly described.
Ala. Code § 15-5-62 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-62
Section 15-5-62 Definitions
Status: in_force

For the purposes of this article, the following words shall have the following meanings:

(1) FELONY OFFENSE. Any act that could be charged as a felony criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent proceeding began at the time the forfeiture was initiated.

(2) FINANCIAL INSTITUTION. A bank, credit union, or savings and loan association.

(3) INNOCENT OWNER. A bona fide purchaser or lienholder of property that is subject to forfeiture, including any of the following:

a. A person who has a valid claim, lien, or other interest in the property seized who did not know or consent to the conduct that caused the property to be forfeited, seized, or abandoned under subdivision (1) of Section 15-5-63.

b. A person who did not participate in the commission of a crime or delinquent act giving rise to the forfeiture.

c. A victim of an alleged criminal offense.

(4) INSTITUTED PROMPTLY. The filing by the district attorney or prosecutorial entity of a civil in rem proceeding in a court of competent jurisdiction within 42 days of seizure, unless good cause is shown for delay.

(5) INSTRUMENTALITY. Property otherwise lawful to possess that is used in or intended to be used in a criminal offense. The term includes, but is not limited to, a firearm, a mobile instrumentality, a computer, a computer network, a computer system, computer software, a telecommunications device, money, or any other means of exchange.

(6) LAW ENFORCEMENT AGENCY. Any municipal, county, or state agency the personnel of which have the power of arrest and to perform law enforcement functions, including prosecutorial entities.

(7) PROCEEDS. Includes both of the following:

a. In cases involving unlawful goods, services, or activities, proceeds includes any property derived directly or indirectly from an offense. The term includes, but is not limited to, money or any other means of exchange. The term is not limited to the net gain or profit realized from the offense.

b. In cases involving lawful goods or services that are sold or provided in an unlawful manner, proceeds are the amount of money or other means of exchange acquired through the illegal transaction resulting in the forfeiture, less the direct costs lawfully incurred in providing the goods or services. The lawful costs deduction does not include any part of the overhead expenses of, or taxes paid by, the entity providing the goods or services. The alleged offender or delinquent has the burden to prove that any costs are lawfully incurred.

(8) PROPERTY. Any real or personal property and any benefit, privilege, claim, position, interest in an enterprise, or right derived, directly or indirectly, from the criminal offense.
Ala. Code § 15-13-209 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-209
Section 15-13-209 Licensing Violations
Status: in_force

(a) Except as otherwise provided in this article, it shall be unlawful for any individual to act as a professional bondsman or recovery agent, or transact business as either, without first obtaining a license from the board, but a professional surety bondsman shall obtain a license from the Department of Insurance and shall comply with all licensing requirements issued by the Department of Insurance.

(b) Any individual who willfully violates subsection (a) or any other provision of this article, or a rule adopted or order issued by the board pursuant to this article, upon conviction, shall be guilty of a Class D felony.

(c) Each individual licensed in accordance with this article shall designate to the board a physical address where his or her records are to be kept.
Ala. Code § 15-18-83 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-83
Section 15-18-83 Persons Who May Be Present at Execution
Status: in_force

(a) The following persons may be present at an execution and none other:

(1) The executioner and any persons necessary to assist in conducting the execution.

(2) The Commissioner of Corrections or his or her representative.

(3) Two physicians, including the prison physician.

(4) The spiritual advisor of the condemned.

(5) The chaplain of Holman Prison.

(6) Such newspaper reporters as may be admitted by the warden.

(7) Any of the relatives or friends of the condemned person that he or she may request, not exceeding six in number.

(8) The immediate family of the victim, over the age of 19, not exceeding eight in number and apportioned equally among the victim’s immediate family members. If there are fewer than eight total immediate family members of the victim, additional non-immediate family members of the victim, over the age of 19, not to exceed eight total immediate and non-immediate family members.

(9) If there are fewer than eight total family members of the deceased victim under subdivision (8), additional immediate family members of a victim, for whose death the inmate is not sentenced to death.

(b) No convict shall be permitted by the prison authorities to witness the execution.
Ala. Code § 15-20A-19 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-19
Section 15-20A-19 Adult Sex Offender - Sexually Violent Predator
Status: in_force

(a) The state, upon conviction and prior to sentencing, may petition the sentencing court to enter an order declaring a person convicted in this state of a sexually violent or predatory offense as a sexually violent predator.

(b) At sentencing, a court may declare a person to be a sexually violent predator. For the purposes of this section, a person is a sexually violent predator if either of the following applies:

(1) The person is a repeat sexually violent offender.

(2) The person commits a sexually violent offense and is likely to engage in one or more sexually violent offenses in the future.

(c) A person is a repeat sexually violent offender for the purposes of this section if the person is convicted of more than one sexually violent offense.

(d) For the purposes of this section, a sexually violent offense is any of the following:

(1) A sex offense committed by forcible compulsion, violence, duress, menace, fear of immediate bodily injury to the victim or another person, or threatening to retaliate in the future against the victim or any other person.

(2) A sex offense involving a child.

(3) Any sex offense involving the enticement or solicitation of a minor for sexual purposes.

(4) Any sex offense that is predatory in nature.

(5) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (4), inclusive.

(6) Any other offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person’s offense should be considered a sexually violent offense.

(e) Any of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one or more sexually violent offenses:

(1) The person has been convicted two or more times, in separate criminal actions, of a sexually violent offense. For purposes of this subdivision, convictions that result from or are connected with the same act or result from offenses committed at the same time are one conviction.

(2) The person has been convicted of a sexually violent offense involving two or more victims regardless of when the acts or convictions occurred.

(3) Available information or evidence suggests that the person chronically commits offenses with a sexual motivation.

(4) The person has committed one or more offenses in which the person has tortured or engaged in ritualistic acts with one or more victims.

(5) The person has committed one or more sex offenses in which one or more victims were physically harmed to the degree that the particular victim’s life was in jeopardy.

(6) Any other evidence deemed relevant by the court.

(f) If the state so petitions, it shall present clear and convincing evidence that the sex offender is likely to engage in one or more future sexually violent offenses or is likely to engage in future predatory sex offenses.

(g) Any sex offender determined in any other state to be a sexually violent predator shall be considered a sexually violent predator in this state.

(h) A sexually violent predator, as a condition of the sex offender’s release from incarceration, shall be subject to electronic monitoring and be required to pay the costs of such monitoring, as set forth in Section 15-20A-20, for a period of no less than 10 years from the date of the sexually violent predator’s release. This requirement shall be imposed by the sentencing court as a part of the sexually violent predator’s sentence, as provided in subsection (c) of Section 13A-5-6 and Section 15-20A-20.
Ala. Code § 15-20A-27 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-27
Section 15-20A-27 Juvenile Sex Offender - Community Notification
Status: in_force

(a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense:

(1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision.

(2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness.

(3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior.

(4) Whether psychological or psychiatric profiles indicate a risk of recidivism.

(5) The relationship between the juvenile sex offender and the victim.

(6) The particular facts and circumstances surrounding the offense.

(7) The level of planning and participation in the offense.

(8) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.

(9) The number, date, and nature of prior offenses.

(10) The response to treatment of the juvenile sex offender.

(11) Recent behavior, including behavior while confined or while under supervision in the community.

(12) Recent threats against persons or expressions of intent to commit additional crimes.

(13) The protection of society.

(14) Any other factors deemed relevant by the court.

(b) If the sentencing court determines that the juvenile sex offender shall be subject to notification, the level of notification shall be applied as follows:

(1) If the risk of re-offense is low, notification that the juvenile sex offender will be establishing or has established a fixed residence shall be provided by local law enforcement to the principal of the public or nonpublic school where the juvenile sex offender will attend after release and, if a public school, to the local superintendent of education with jurisdiction over that school. This notification shall include the name, actual living address, date of birth of the juvenile sex offender, and a statement of the sex offense for which he or she has been adjudicated delinquent, including the age and gender of the victim. This information shall be considered confidential by the school and the local superintendent of education and be shared only with the teachers and staff with supervision over the juvenile sex offender. Whoever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a juvenile sex offender described in this section, upon conviction thereof, shall be guilty of a Class C felony within the jurisdiction of the juvenile court.

(2) If the risk of re-offense is moderate, notification that the juvenile sex offender will be establishing, or has established, a fixed residence shall be provided by local law enforcement to all schools and childcare facilities within three miles of the declared fixed residence of the juvenile sex offender. A community notification flyer shall be mailed by regular mail or hand delivered to all schools or childcare facilities as required by this subsection. No other method may be used to disseminate this information.

(3) If the risk of re-offense is high, the public shall receive notification as though the juvenile sex offender were an adult sex offender in accordance with Section 15-20A-21.

(c) The sentencing court shall enter an order stating whether the juvenile sex offender shall be subject to notification and the level of notification that shall be applied. The court shall provide a copy of the order to the prosecuting attorney and to the Alabama State Law Enforcement Agency.

(d) The determination of notification by the sentencing court shall not be subject to appeal.
Ala. Code § 15-18-143 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-143
Section 15-18-143 Employment Income Withholding Order - Generally
Status: in_force

(a)(1) Any provision of Section 8-5-21, or any other 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 original decree, judgment or order issued by any court for the payment of restitution may, on motion of the victim, district attorney, probation or parole officer, or the court, include an order directing any employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due the defendant at each pay period, an amount ordered to be paid as restitution.

(2) Such order shall recite the amount of the restitution obligation and shall require the employer to withhold a definite amount from such income due or becoming due at each pay period and pay such amount to the clerk of the court. Provided, if the restitution is ordered to be paid monthly and the defendant’s pay periods are at more frequent intervals, the order shall require that the employer shall withhold, at each pay period an amount cumulatively sufficient to equal the total monthly restitution obligation and pay over to the clerk of the court, once each month, the total monthly restitution obligation.

(3) The order shall also recite a duty of the defendant and the employer to notify the court of any change in employment of the defendant as provided in this article.

(b)(1) Any provision of Section 8-5-21, or any other 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 of a restitution order a court may, on its own motion or upon the filing of a petition by the victim, district attorney or probation or parole officer, and a finding that previously ordered restitution payments are delinquent, issue an order directing any employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due to the defendant at each pay period, an amount the court finds necessary to comply with the original order of restitution plus an amount reasonably sufficient to satisfy any accumulated arrearage.

(2) Provided, that the defendant shall be:

a. Served with a copy of the petition;

b. Afforded such cause as he would be entitled in a probation revocation hearing; and

c. Afforded an opportunity to be heard at a hearing set on the merits of the petition.

(3) Upon the filing of a written agreement and waiver, the defendant may waive any of the rights provided herein and the court may enter the order provided in this section without the necessity of a hearing.

(4) An order entered pursuant to this section shall recite the amount required to be withheld as restitution at each pay period and, if so ordered, the total amount of all accumulated arrearages and the amount required to be withheld at each pay period in order to satisfy the arrearage. The order shall require withholding from such income due or becoming due the defendant at each pay period and payment to the clerk of the court, of the amounts ordered pursuant to this section. If the defendant’s restitution obligation is required to be paid on a monthly basis and his or her pay periods are at more frequent intervals, the order shall require that the employer shall withhold, at each pay period, amounts cumulatively sufficient to equal the total monthly arrearage due, if ordered, and the total monthly restitution obligation and pay over to the clerk of the court, once each month, the total amount of any court ordered arrearage and restitution.

(5) A defendant who is the subject of an employment income withholding order and any employer upon whom such order is served shall promptly notify the court or the clerk of the court as to any layoff, suspension, discharge, or resignation of such defendant or other change of employment including the name and address, if known, of any new or successor employer.

(6) Upon notice that such defendant is employed at a new or different place of employment the clerk of the court shall cause a copy of such employment income withholding order to be served upon such new or different employer.

(7) An employer shall not discharge an employee or a person solely because of any court order or other process issued pursuant to the provisions of this article. Any employer who violates this section may be deemed to be in contempt of court and may be compelled by the court to reinstate such employee.
Ala. Code § 15-6-1 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-1
Section 15-6-1 Sheriff Principal Conservator of the Peace
Status: in_force

The sheriff is the principal conservator of the peace in his county, and it is his duty to suppress all riots, unlawful assemblies and affrays. In the execution of such duty, he may summon to his aid as many of the men of his county as he thinks proper.
Ala. Code § 15-25-36 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-36
Section 15-25-36 Court to Inform Jury as to Out-of-Court Statement
Status: in_force

The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of the out-of-court statement.
Ala. Code § 15-9-36 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-36
Section 15-9-36 Arrest Warrant - Authorization to Arresting Officer
Status: in_force

A warrant of arrest issued by the Governor under this division shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this division to the duly authorized agent of the demanding state.
Ala. Code § 15-22-37 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-37
Section 15-22-37 Rulemaking Authority
Status: in_force

(a) The Board of Pardons and Paroles may adopt rules, not inconsistent with the provisions of this article, touching upon all matters dealt with in this article, including, among others, practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule adopted by the board shall have the effect of denying to any person whose application for parole or the revocation of whose parole is being considered by the board from having the benefit of counsel or witnesses upon the hearing.

(b) The Board of Pardons and Paroles shall adopt rules to do the following:

(1) Establish a program of limited supervision for parolees who qualify addressing eligibility using validated risk and needs assessments, as defined in Section 12-25-32, transfers among levels of supervision, to include guidelines for the transfer of lower-risk individuals to an administrative form of parole, and reporting requirements.

(2) Develop policies and procedures for screening, assessment, and referral for parolees to connect with recidivism reduction services including, but not limited to, cognitive behavioral intervention and substance abuse treatment.

(3) Establish a matrix of rewards for compliance and pro-social behaviors and swift, certain, and graduated sanctions to be imposed by the board, as provided under subsections (e) and (f) of Section 15-22-32, in response to corresponding violations of parole terms or conditions imposed.

(4) Establish clear guidelines and procedures that retain the board’s discretion in individual parole release cases. The guidelines shall provide that, if a prisoner convicted of a nonviolent offense, as defined in Section 12-25-32, with a sentence of 20 years or less is denied parole, the board shall reconsider releasing the prisoner on parole no more than two years after such parole release denial. The guidelines shall allow a current validated risk and needs assessment as defined in Section 12-25-32, past criminal history, program completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future to be factored into the release decision while working to allocate prison space for the most violent and greatest risk prisoners.

(5) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of parolees.

(6) Establish criteria, guidelines, and procedures to discharge parolees from parole supervision requirements prior to the expiration of the full maximum term for which the parolee was sentenced, unless the parolee was convicted of a violent offense as defined in Section 12-25-32, which shall include review of a parolee for discharge from parole supervision at least every two years if the parolee has satisfied all financial obligations owed to the court, including restitution, and has not had his or her supervision revoked.

(c) Notwithstanding any other provision of law to the contrary, Section 41-22-5(a)-(c), Section 41-22-5.1(b), Section 41-22-6, and Section 41-22-23(a)-(e), (g) of the Alabama Administrative Procedure Act shall apply to the board’s adoption, amendment, or repeal of rules, procedures, guidelines, or other policies, except rules, procedures, guidelines, or other policies concerning the supervision of parolees or probationers. The Alabama Administrative Procedure Act shall not otherwise apply to the board. The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, and notice shall be given to the Governor and Attorney General or their designees.

(d) The Director of Pardons and Paroles shall post on the board’s website the board’s existing rules, procedures, guidelines, or other policies concerning the grant or denial of pardons, the grant or denial of paroles, the restoration of political and civil rights, the remission of fines and forfeitures, and the revocation of parole.
Ala. Code § 15-4-5 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-5
Section 15-4-5 Refusal of Witness to Answer Questions
Status: in_force

In an inquest under this chapter, any witness who refuses to answer any question in relation to the cause of death, except on the ground that it may criminate himself, is guilty of a misdemeanor and must be committed to jail by the coroner, unless he gives bail in the sum of $500.00 to appear at the circuit court and answer such offense, and, on conviction thereof, shall be fined not less than $200.00 nor more than $500.00, and may be imprisoned not exceeding three months.
Ala. Code § 15-27-17 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-17
Section 15-27-17 Filing Under False Pretenses
Status: in_force

Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges.
Ala. Code § 15-13-129 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-129
Section 15-13-129 Arrest of Principal by Out-of-State Surety
Status: in_force

All bondsmen or sureties from out of the State of Alabama who come to this state to make an arrest shall be exempt from having a bondsman’s process to arrest a person for which he or she is a surety on bail in another state; but he or she shall have a certified copy of the undertaking of bail for which he or she is surety. His or her right to arrest shall otherwise be in conformity with the common law.
Ala. Code § 15-13-104 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-104
Section 15-13-104 Order of Bail to Be Affixed to Warrants
Status: in_force

Judicial officers shall see that the amount of bail is affixed to any warrants of arrests issued by the judicial officer at the time of their issuance for which the defendant is arrested and taken into custody. If arrested for an offense for which the defendant is not entitled to release on bail pursuant to Section 15-13-3, the judicial officer shall confirm that “no bail” is affixed on the warrant. Judicial officers may delegate the affixation to lawful employees of the court, but the amount shall be set by the judicial officer.
Ala. Code § 15-10-2 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-2
Section 15-10-2 When Officer May Execute Warrant; Authority of Officer to Break and Enter Dwelling House
Status: in_force

An officer may execute a warrant of arrest on any day and at any time; but in doing so, he must inform the defendant of his authority and, if required, must show the warrant. If an officer executing an arrest warrant is refused admittance after notice of his authority and purpose, he may break an outer or inner door or window of a dwelling house in order to make the arrest.
Ala. Code § 15-9-87 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-87
Section 15-9-87 Notice to Prisoners of Provisions of Article
Status: in_force

The warden or other like official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this article, and for a record thereof to be placed in the prisoner’s file.