Ala. Code § 15-22-28 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-28
Section 15-22-28 Investigation for Parole; Temporary Leave; Parole Restrictions; Parole Consideration Date
Status: in_force

(a) It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation of any and all prisoners confined in the jails and prisons of the state, through use of a validated risk and needs assessment as defined in Section 12-25-32, with a view of determining the feasibility of releasing the prisoners on parole and effecting their reclamation. Reinvestigations shall be made from time to time as the board may determine or as the Department of Corrections may request. The investigations shall include such reports and other information as the board may require from the Department of Corrections or any of its officers, agents, or employees.

(b) It shall be the duty of the Department of Corrections to cooperate with the Board of Pardons and Paroles for the purpose of carrying out this article.

(c) Temporary leave from prison, including Christmas furloughs, may be granted only by the Commissioner of Corrections to a prisoner for good and sufficient reason and may be granted within or without the state; provided, that Christmas furloughs shall not be granted to any prisoner convicted of drug peddling, child molesting, or rape, or to any maximum security prisoner. A permanent, written record of all temporary leaves, together with the reasons therefor, shall be kept by the commissioner. He or she shall furnish the Board of Pardons and Paroles with a record of each leave granted and the reasons therefor, and the same shall be placed by the board in the prisoner’s file.

(d) No prisoner shall be released on parole except by a majority vote of the board. The board shall not parole any prisoner for employment by any official of this state, nor shall any parolee be employed by an official of this state and be allowed to remain on parole; provided, however, that this provision shall not apply in the case of a parolee whose employer, at the time of the parolee’s original employment, was not a state official.

(e) The board shall set a prisoner’s initial parole consideration date according to the following schedules:

(1) For prisoners receiving sentence deductions pursuant to the Alabama Correctional Incentive Time Act, Article 3 of Chapter 9 of Title 14, the following schedule shall apply:

a. For terms of five years or less, the prisoner shall be scheduled for initial parole consideration on the current docket.

b. For terms over five years and up to 10 years, the prisoner shall be scheduled for initial parole consideration approximately 18 months prior to the minimum release date.

c. For terms of more than 10 years and up to 15 years, the prisoner shall be scheduled for initial parole consideration approximately two years and six months prior to the minimum release date.

(2) For prisoners convicted on or after March 21, 2001, of one or more of the following Class A felonies, the initial parole consideration date shall be set for a date once a prisoner has completed 85 percent of his or her total sentence or 15 years, whichever is less.

a. Rape in the first degree.

b. Kidnapping in the first degree.

c. Murder.

d. Attempted murder.

e. Sodomy in the first degree.

f. Sexual torture.

g. Robbery in the first degree with serious physical injury as defined in Section 13A-1-2.

h. Burglary in the first degree with serious physical injury as defined in Section 13A-1-2.

i. Arson in the first degree with serious physical injury as defined in Section 13A-1-2.

(3) For all other prisoners, the initial parole consideration date shall be set for a date following completion of one-third of the prisoner’s sentence or 10 years, whichever is less.

(4) If the prisoner is serving consecutive sentences, the initial parole consideration date may not be set for a date before the prisoner has separately served the time prescribed in this subsection for each consecutive sentence imposed.

(f)(1) The board may deviate from the initial parole consideration date established in subsection (e) or any reconsideration date prescribed by the board’s rules only in either of the following circumstances:

a. To comply with the policy and procedural guidelines in effect on or before January 1, 2019, issued by the board under Section 15-22-24(e).

b. If the prisoner shows, by clear and convincing evidence, that he or she is more likely than not to be granted parole and that he or she would have been considered for parole on an earlier date under generally applicable rules or policies previously in effect.

(2) Any decision by the board to invoke the procedures of this subsection shall be subject to legal review by the deputy Attorney General or assistant Attorney General assigned to the board, prior to the issuance of a parole certificate and the prisoner’s release. If it is determined that the grant of parole consideration failed to satisfy the requirements of this subsection or any rule adopted pursuant to this subsection, the decision shall be reversed and the prisoner shall be notified by the board.

(3) For purposes of paragraph (f)(1)b., the board shall adopt rules to determine whether a prisoner is more likely than not to be granted parole. These rules shall be designed to minimize the risk a prisoner will be prejudiced by any statutory or administrative changes in parole standards or procedures that have occurred since the date of the prisoner’s conviction and shall include, but are not limited to the following:

a. A requirement that the prisoner has completed a minimum total period of incarceration.

b. A requirement that the prisoner complete certain programs while in custody of the Department of Corrections.

c. A requirement that the prisoner provide a statement of support from a Department of Corrections staff member.

d. A requirement that the prisoner have no violent disciplinaries during a prescribed period preceding the prisoner’s current application for parole consideration.

e. A requirement that the prisoner have no disciplinaries of any kind within a prescribed period preceding the prisoner’s current application for parole consideration.

f. A requirement that the prisoner’s risk of re-offense is determined to be medium or low following the completion of a validated risk and needs assessment conducted by a trained probation and parole officer.

(4) A 30 days’ written notice shall be provided to the Governor and Attorney General for any parole consideration date set by the board under subdivision (f)(1). The Governor and Attorney General shall have 14 days from the time notice is received to object to the grant of parole. If the board grants parole consideration under subdivision (f)(1) and did not give adequate notice to the Governor or Attorney General or granted parole consideration despite an objection from the Governor or Attorney General, the decision shall be reversed and the prisoner shall be notified by the board.

(g)(1) Notwithstanding any law to the contrary, any prisoner who is charged with a new federal, state, or local offense punishable by a term of imprisonment exceeding 12 months shall not be considered for parole until after the charge has been disposed, whether by trial or other means.

(2) A prisoner shall immediately be notified by the Department of Corrections of any new charges pursuant to subdivision (1).
Ala. Code § 15-14-2 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-2
Section 15-14-2 Defendant Not to Be Tried until Case on Docket One Day
Status: in_force

No person shall be tried on an indictment presented by the grand jury until at least one entire day after the case has been placed upon the trial docket of the court, except with the consent of the defendant. This section shall not apply to cases where an indictment has been quashed or demurrer sustained thereto and a new indictment for identical offense is returned on the same day.
Ala. Code § 15-23-4 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-4
Section 15-23-4 Alabama Crime Victims Compensation Commission - Created; Composition; Meetings; Rules and Regulations; Bond; Compensation
Status: in_force

(a) The Alabama Crime Victims Compensation Commission is created and shall be composed of three residents of this state, who shall be appointed by the Governor with the advice and consent of the Senate, for terms of four years each or until their successors are appointed and qualified. Provided however, initial appointments shall be as follows: One member shall be appointed for two years, one member shall be appointed for three years, and one member shall be appointed for four years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for four-year terms. The membership of the board shall be inclusive and the Governor shall coordinate his or her appointments so that the diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(b) At least one member shall be a law enforcement officer with a minimum of 10 years’ experience in or with a law enforcement agency which has among its primary duties and responsibilities the investigation of violent crimes and the apprehension or arrest of the perpetrators.

(c) At least one member shall be a victim of a crime of violence who suffered serious personal injury as a result of the crime, a member of a victim’s immediate family or a member of a deceased victim’s immediate family if the deceased victim died as a result of a crime of violence, or an officer of a nonprofit charitable crime victims organization established pursuant to the laws of Alabama.

(d) Each year the commission shall elect a chair from its membership.

(e) The commission may appoint an executive director who shall serve at the pleasure of the commission and shall be paid a salary in an amount to be determined by the commission.

(f) The commission shall have its principal place of business in the county where the State Capitol is located.

(g) The commission shall hold, at its principal place of business, quarterly public meetings at times and places as its members may elect.

(h) Any two members of the commission shall constitute a quorum for purposes of transacting the business of the commission and two votes in favor shall be necessary for a decision by the commission at any meeting of the commission.

(i) The commission shall establish rules for the administration of its duties and responsibilities pursuant to this chapter.

(j) The chair of the commission shall keep a true record of all of the proceedings of the meetings of the commission. At the call of any member, the vote on any pending question shall be taken by ayes and nays, and the same shall be entered in the record. The record of the proceedings of the commission shall be open to any member of the commission and to the public. A copy of the record, certified by the chair, shall be competent evidence in all courts.

(k) The commission may not disclose the names and addresses of victims or claimants who have applied for compensation pursuant to this article or the facts or circumstances of the criminally injurious conduct perpetrated against them.

(l) All members and employees of the commission handling money or exercising authority over any property, before entering the discharge of their duties, shall provide a bond with a surety company authorized to do business in this state, as surety, payable to the commission in an amount or amounts sufficient to protect the commission against any loss with respect to the funds, money, or property handled, conditioned for the faithful discharge of their duties and responsibilities and further conditioned upon their faithfully accounting for all monies, funds, or properties coming into their possession in the capacity of their employment.

(m) The Attorney General or the district attorney of the county where the State Capitol is located, upon written request by the commission, shall represent the commission in all litigation where the commission is a party or in which the commission has an interest. The Attorney General shall serve as a legal advisor to the commission.

(n) All commission members shall be paid two hundred fifty dollars ($250) per day and mileage for attendance of commission meetings. Mileage and per diem shall be the same as allowed state employees when a commission member is traveling on official business of the commission and shall be paid from the Alabama Crime Victims Compensation Fund.
Ala. Code § 15-20-38 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-38
Section 15-20-38 Rules and Regulations
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-23-124 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-124
Section 15-23-124 Construction of Article
Status: in_force

Nothing in this article shall be construed to establish a standard of care for medical providers or physicians, or otherwise modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of these laws or judicial interpretation of these laws.
Ala. Code § 15-10-42 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-42
Section 15-10-42 Form of Writ - Misdemeanor
Status: in_force

When the indictment is for a misdemeanor, the writ of arrest may be in the same form as that set out in Section 15-10-41; except, that after the words “commit him to jail,” there must be added the words, “unless he gives bail to answer such indictment.”
Ala. Code § 15-12-44 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-44
Section 15-12-44 Recordkeeping; Confidentiality of Attorney-Client Communications
Status: in_force

The public defender shall keep such records and make such reports on matters related to the operation of the office of the public defender as are required by the director. The attorney-client communications involving the defender or attorneys employed by him or her shall remain confidential.
Ala. Code § 15-18-64.1 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-64.1
Section 15-18-64.1 Grace Period for Payment of Fines, Fees, and Costs Upon Release of Inmate from Physical Custody
Status: in_force

(a) During the 180-day period immediately after an inmate is released from the physical custody of the Alabama Department of Corrections, he or she shall not be required to pay any outstanding court-assessed fines, fees, or costs.

(b) Within 30 days of release from physical custody, an inmate shall contact the clerk of the court in the jurisdiction or jurisdictions in which he or she has financial obligations and shall enter into a repayment agreement for outstanding court-assessed fines, fees, or costs.

(c) Persons in the physical custody of the Alabama Department of Corrections shall not be required to pay any outstanding court-assessed fines, fees, or costs while incarcerated. This subsection shall not apply to an individual who has been sentenced to a community corrections punishment authority or community corrections program.

(d) This section shall not apply to any restitution owed to a victim or any supervision fees assessed as a condition of release from physical custody.
Ala. Code § 15-9-3 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-3
Section 15-9-3 Governor May Offer Reward for Apprehension or Rearrest of Perpetrator of Felony or Escaped, Etc., Felon
Status: in_force

Whenever a felony has been committed and the perpetrator thereof is unknown or when, being known, he absconds before being arrested or escapes from custody, either before or after conviction, the Governor is authorized, in his discretion, to offer by proclamation a reward not exceeding $5,000.00 for the apprehension or rearrest of such person within five years from the date of such proclamation, and to draw his warrant on the State Treasurer for the amount of such reward, when necessary to be paid.
Ala. Code § 15-20A-42 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-42
Section 15-20A-42 Collection and Dissemination of Information by Alabama State Law Enforcement Agency
Status: in_force

(a) Any jurisdiction or agency responsible for registering a sex offender shall immediately forward all required registration information and any changes to the required registration information received to the Alabama State Law Enforcement Agency in a manner determined by the Secretary of the Alabama State Law Enforcement Agency 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.

(b) Upon notification or discovery of the death of a sex offender, the registering agency shall immediately notify the Alabama State Law Enforcement Agency.

(c) The Alabama State Law Enforcement Agency shall immediately enter all registration information received into its sex offender database.

(d) All information received by the Alabama State Law Enforcement Agency shall be immediately forwarded to the following by the Alabama State Law Enforcement Agency:

(1) The National Criminal Information Center or any other law enforcement agency for any lawful criminal justice purpose.

(2) The Sex Offender Registration and Notification Act Exchange Portal.

(3) The National Sex Offender Registry.

(4) Each county and municipality where the sex offender resides, is an employee, or is a student.

(5) Each county and municipality from or to which a change of residence, employment, or student status occurs.

(6) The campus police in each county or jurisdiction where the sex offender is a student.

(7) The United States Marshals Service, if the sex offender is terminating residence in a jurisdiction to relocate to a foreign country.

(8) The Attorney General’s Office of Victim Assistance.

(e) Upon request, all registration information shall be available in electric form to all federal, state, county, and municipal law enforcement agencies, prosecuting attorneys, probation officers, and any agency responsible for conducting employment-related background checks under the National Child Protection Act of 1993 (42 U.S.C. §5119a).

(f) No existing state laws, including, but not limited to, statutes that would otherwise make juvenile and youthful offender records confidential, shall preclude the disclosure of any information requested by a responsible agency, a law enforcement officer, a criminal justice agency, the Office of the Attorney General, or a prosecuting attorney for purposes of administering, implementing, or enforcing this chapter. No state law shall preclude the disclosure of any information concerning a juvenile sex offender or youthful offender sex offender to the Department of Human Resources for the purpose of conducting an assessment with regard to a person as provided by law.

(g) The sheriff of each county shall maintain a register or roster of the names of all persons registered by him or her pursuant to this chapter. The information contained in the register or roster shall be made available, upon request, to all federal, state, county, and municipal law enforcement agencies, prosecuting attorneys, or probation officers for the administration, implementation, or enforcement of this chapter.

(h) Notwithstanding any other provision of law to the contrary, a sex offender’s Internet identifiers as described in subdivision (9) of subsection (a) of Section 15-20A-7, and a sex offender’s Internet service providers as described in subdivision (18) of subsection (a) of Section 15-20A-7, may only be disclosed pursuant to federal law or to law enforcement for the purpose of administering, implementing, or enforcing this chapter or to prevent or investigate a crime by the sex offender based on an articulable basis for suspicion. In no event shall such information be disclosed other than for one of the purposes identified in the preceding sentence. A violation of this subsection shall constitute a Class A misdemeanor.
Ala. Code § 15-14-4 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-4
Section 15-14-4 Court May Allow Omission in Testimony to Be Supplied Before Argument Concluded
Status: in_force

The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe.
Ala. Code § 15-22-21 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-21
Section 15-22-21 Board of Pardons and Paroles - Appointment and Duties of Director
Status: in_force

(a) The Governor shall appoint a Director of Pardons and Paroles, who shall serve at the pleasure of the Governor.

(b) The Director of Pardons and Paroles shall serve as the chief executive officer of the Board of Pardons and Paroles and be vested with all power necessary to perform the duties assigned to the board by law except the board’s power to adopt rules, guidelines, or other policies and to make individual determinations concerning the grant or denial of pardons, the grant or denial of paroles, the restorations of political and civil rights, the remission of fines and forfeitures, and the revocation of parole. As chief executive officer, the director shall be responsible for all of the following:

(1) Appointing and supervising, subject to the provisions of the Merit System, employees necessary to carry out the duties of the board.

(2) Performing, on behalf of the board, all fiscal and budgetary requirements imposed on the board by law.

(3) Developing and implementing, on behalf of the board, all policies and procedures for the effective supervision of parolees released to supervision by the board as well as those individuals granted probation by the sentencing court.

(4) Attending all meetings of the board, in person or by designee, to act as the board’s secretary, and to maintain a record of the board’s official actions.

(5) Preparing and recommending rules for consideration by the board as the director shall deem necessary for the effective and efficient performance of the board’s duties.
Ala. Code § 15-20A-15 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-15
Section 15-20A-15 Adult Sex Offender - Travel
Status: in_force

(a) Immediately before an adult sex offender temporarily leaves his or her county of residence for a period of three or more consecutive days, the adult sex offender shall report in person to the sheriff in each county of residence and complete and sign a travel notification document.

(b) The travel notification document shall be a form prescribed by the Alabama State Law Enforcement Agency to collect dates of travel, the intended destination or destinations, temporary lodging information, and any other information reasonably necessary to monitor a sex offender who plans to travel.

(c) If a sex offender intends to travel to another country, he or she shall report in person to the sheriff in each county of residence and complete a travel notification document at least 21 days prior to such travel. If the travel to another country is for a family or personal medical emergency or a death in the family, then the sex offender shall report in person to the sheriff in each county of residence immediately prior to travel. Any information reported to the sheriff in each county of residence shall immediately be reported to the United States Marshals Service and the Alabama State Law Enforcement Agency.

(d) The travel notification document shall explain the duties of the adult sex offender regarding travel as prescribed by the Alabama State Law Enforcement Agency and a certification that the adult sex offender understands the duties required of him or her and that the information he or she provided on the travel notification document is true and correct. No sex offender shall provide false information on the travel notification document.

(e) The sheriff in each county of residence shall immediately notify local law enforcement in the county or the jurisdiction to which the adult sex offender will be traveling.

(f) Upon return to the county of residence, the adult sex offender shall immediately report to the sheriff in each county of residence.

(g) All completed travel notification documents shall be included with the adult sex offender’s required registration information.

(h) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-16-69 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-69
Section 15-16-69 Specific Conditions for Conditional Release Must Be Stated; Periodic Reports Regarding Defendant’s Compliance; Periodic Reports Not Deemed Violative of Doctor-Patient Privilege
Status: in_force

If conditional release is ordered, the court shall state the specific conditions to be followed by the defendant. The order shall also direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of release and progress in treatment, with copies to the district attorney, to the defendant or his guardian or counsel, and to the individual or institution from which the defendant is released. Such reports shall not be deemed to be a violation of any doctor-patient, psychiatrist-patient, or psychologist-patient privilege.
Ala. Code § 15-22-30.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-30.1
Section 15-22-30.1 Establishment and Maintenance of Residential Transition Centers
Status: in_force

The Board of Pardons and Paroles may establish and maintain one or more residential transition centers for the housing of parolees and probationers ordered to serve a period of confinement pursuant to Section 15-22-32 or 15-22-54.
Ala. Code § 15-22-112 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-112
Section 15-22-112 Definitions
Status: in_force

The following words shall have the following meanings for purposes of this article:

(1) BOARD. State Board of Pardons and Paroles.

(2) CANDIDATE. A person who is considered for a posthumous pardon.

(3) PETITION. A document signed by a petitioner requesting the posthumous pardon of a person.

(4) PETITIONER. A judge in the judicial circuit where the person was tried and convicted or the district attorney in the person’s county of conviction.

(5) POSTHUMOUS PARDON. A pardon granted by the State Board of Pardons and Paroles to certain deceased felons.
Ala. Code § 15-5-61 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-61
Section 15-5-61 Seizure and Forfeiture of Proceeds, Property, Etc., Acquired through the Commission of Certain Criminal Offenses
Status: in_force

(a) Any property, proceeds, or instrumentality of every kind, used or intended for use in the course of, derived from, or realized through the commission of a felony offense, as defined in this article, or a misdemeanor offense under Article 3, Chapter 12, Title 13A, relating to prostitution offenses, or as inducement or attempt or conspiracy to commit such offenses, is subject to civil forfeiture.

(b) This article does not apply to or limit forfeiture under Sections 20-2-93, 13A-11-84, 13A-12-30, or 13A-12-198.
Ala. Code § 15-20A-23 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-23
Section 15-20A-23 Adult Sex Offender - Relief from Residency Restriction
Status: in_force

(a) A sex offender required to register under this chapter may petition the court for relief from the residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating medical condition requiring substantial care or supervision or requires placement in a residential health care facility.

(b) A petition for relief pursuant to this section shall be filed in the civil division of the circuit court of the county in which the sex offender seeks relief from the residency restriction.

(c) The sex offender shall serve a copy of the petition by certified mail on all of the following:

(1) The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.

(2) The prosecuting attorney of the county where the sex offender seeks relief from the residency restriction.

(3) Local law enforcement where the sex offender was adjudicated or convicted if the sex offender was adjudicated or convicted in this state.

(4) Local law enforcement where the adult sex offender seeks relief from the residency restriction.

(d) The petition and documentation to support the request for relief shall include all of the following:

(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense.

(2) A list of each county, municipality, and jurisdiction where the sex offender is required to register or has ever been required to register.

(3) The sex offender’s criminal record and an affidavit stating that the sex offender has no pending criminal charges.

(4) Notarized documentation of the sex offender’s condition by his or her medical provider.

(5) A release allowing the prosecuting attorney or the court to obtain any other medical records or documentation relevant to the petition.

(6) Any other information requested by the court relevant to the petition.

(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.

(f) The court shall hold a hearing within 30 days of the filing of the petition. Upon request of the prosecuting attorney, and for good cause shown, the hearing may be continued to allow the prosecuting attorney to obtain any relevant records pertinent to the hearing. At the hearing the prosecuting attorney and the victim shall have the opportunity to be heard.

(g) The court shall issue an order releasing the sex offender from the residency restrictions pursuant to subsection (a) of Section 15-20A-11 if the court finds by clear and convincing evidence that the sex offender (1) is terminally ill, permanently immobile, has a debilitating medical condition requiring substantial care or supervision, or requires placement in a residential health care facility and (2) does not pose a substantial risk of perpetrating any future sexual offense. The court may relieve a sex offender from any residency restrictions indefinitely or for a specific period of time.

(h) The court shall send a copy of any order releasing a sex offender from residency restrictions pursuant to subsection (a) of Section 15-20A-11 to the prosecuting attorney and the Alabama State Law Enforcement Agency.

(i) If the court finds that the sex offender still poses a risk, has provided false or misleading information in support of the petition, or failed to serve the petition and supporting documentation upon the parties as provided for in subsection (c), then the petition shall be denied.

(j) If the petition for release is denied, the sex offender may not file a subsequent petition for at least 12 months from the date of the final order on the previous petition unless good cause is shown and the sex offender’s mental or physical condition has severely changed.

(k) If at any time the sex offender is no longer terminally ill, permanently immobile, or no longer suffers from a debilitating medical condition requiring substantial care or supervision or no longer requires placement in a residential health care facility, the sex offender shall immediately register in person with local law enforcement in each county of residence, update all required registration information, and comply with the residency restriction pursuant to subsection (a) of Section 15-20A-11.

(l) No sex offender petitioning the court under this section for an order terminating the sex offender’s obligation to comply with the residency restrictions is entitled to publicly funded experts or publicly funded witnesses.

(m) Upon request of the state, the court may reinstate the restrictions pursuant to subsection (a) of Section 15-20A-11 for good cause shown, including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (g) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.

(n) Notwithstanding any state or local rule assigning costs and fees for filing and processing civil and criminal cases, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

(o) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

(p) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
Ala. Code § 15-13-110 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-110
Section 15-13-110 Professional Bondsmen - Right to Interview
Status: in_force

Sheriffs, chiefs of police, jailers, or other law enforcement officers having custody of defendants who have bail set, shall, upon the request of the defendant or upon request of a professional bondsman, provide a place of privacy for the defendant to be interviewed by a professional bondsman.
Ala. Code § 15-10-60 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-60
Section 15-10-60 Definition; Procedure
Status: in_force

A “bench warrant” is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue it within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the sheriff of the county where the accusation was found may receive the bail, fix the amount of the bond and approve the sureties, unless it is a case that is bailable only before some particular officer.
Ala. Code § 15-8-24 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-24
Section 15-8-24 When Alleged Act Done in Public Place Suffices
Status: in_force

When, to constitute the offense, an act must be done in a public place, and such public place is not more particularly defined in the statute, it is sufficient to allege in an indictment that the act was done “in a public place” generally.
Ala. Code § 15-10-40 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-40
Section 15-10-40 Issuance by Clerk, District Attorney or Judge
Status: in_force

A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.
Ala. Code § 15-16-26 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-26
Section 15-16-26 Temporary Relief from Criminal Confinement Under Certain Circumstances to Fulfill a Pending Commitment Order Under Chapter 52 of Title 22
Status: in_force

Notwithstanding Section 15-16-20, if a commitment order has been issued pursuant to Chapter 52 of Title 22, but cannot be fulfilled because the respondent is subsequently confined solely for misdemeanor charges or municipal ordinance violations, the judge of probate who issued the commitment order may communicate with the judge of the district, municipal, or circuit court who ordered the respondent to be confined to discuss whether he or she will issue an order to discharge the respondent from confinement and suspend the criminal proceedings temporarily so that the commitment order may be fulfilled. The court shall give the prosecuting attorney an opportunity to object to the discharge order.
Ala. Code § 15-5-17 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-17
Section 15-5-17 Searching of Person Charged with Felony for Weapon or Evidence in Judge’s or Magistrate’s Presence
Status: in_force

When a person charged with a felony is supposed by the judge or the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the judge or the magistrate may direct him to be searched in his presence and such weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried.
Ala. Code § 15-20-4 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-4
Section 15-20-4 Failure to Report Arrest or Conviction
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-11-11 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-11
Section 15-11-11 Amount of Bail to Be Endorsed on Commitment; Discharge of Defendant
Status: in_force

Whenever a person is committed to jail for a bailable offense under the provisions of this chapter, the court must endorse on the commitment the amount of bail required and sign his name thereto. The sheriff of the county to which the defendant is committed may discharge him on giving sufficient bail in the amount so endorsed and must, in such case, return the undertaking to the court to which such person is bound to appear within five days thereafter.
Ala. Code § 15-12-1 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-1
Section 15-12-1 Definitions
Status: in_force

When used in this chapter, the following terms shall have the following meanings:

(1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant.

(2) CONTRACT COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association, corporation, or partnership of lawyers so licensed, executing a contract for the provision of indigent defense services.

(3) DIRECTOR. The Director of the Office of Indigent Defense Services.

(4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding in the trial or appellate courts of the state for which proceeding representation by counsel is constitutionally required or is authorized or required by statute or court rule, including parents of children during the termination of parental rights hearings, who under oath or affirmation states that he or she is unable to pay for his or her representation, and who is found by the court to be financially unable to pay for his or her representation based on a written findings as further provided below that the person is indigent based on one of the following criteria:

a. A person that has an income level at or below 125 percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services, unless the court determines that the person is able to pay for the cost of an attorney to represent the person on the pending case.

b. A person that has an income level greater than 125 percent, but at or below 200 percent, of the most recently revised poverty income guidelines published by the United States Department of Health and Human Services and the court makes a written finding that not providing indigent defense services on the pending case would cause the person substantial hardship.

c. A person that has an income level greater than 200 percent of the most recently revised poverty income guidelines published by the United States Department of Health and Human Services and the person is charged with a felony, and the court makes a written finding that not providing indigent defense services would cause the person substantial hardship.

(5) INDIGENT DEFENSE SERVICES. Those legal services that are necessary for representation of an indigent defendant.

(6) INDIGENT DEFENSE SYSTEM. Any method or mixture of methods for providing legal representation to an indigent defendant, including use of appointed counsel, use of contract counsel, or use of public defenders.

(7) NONOVERHEAD EXPENSES. The reasonable expenses incurred during and directly related to an appointed counsel’s legal representation of an indigent defendant including, but not limited to, mileage, postage, and reasonable costs of photocopying. Nonoverhead expenses do not include fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant; office overhead expenses, such as professional license fees; malpractice, casualty, health, general disability, and workers’ compensation insurance; office salaries; ad valorem taxes; office supplies; office rent; depreciation of office equipment and furniture; continuing legal education expenses, including travel and lodging; utilities; bank fees and interest on loans; professional fees; and other overhead expenses or costs.

(8) OFFICE. The Office of Indigent Defense Services.

(9) PUBLIC DEFENDER. Any attorney licensed to practice law in the State of Alabama, other than contract counsel or appointed counsel, who receives a salary for representing an indigent defendant.

(10) TRIAL COURT. Any juvenile, district, or circuit court of the State of Alabama, not including municipal or probate courts of the State of Alabama.
Ala. Code § 15-8-27 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-27
Section 15-8-27 Allegation of Unknown Means
Status: in_force

When the means by which the offense was committed are unknown to the grand jury and do not enter into the essence of the offense, the indictment may allege that they are unknown to the jury.
Ala. Code § 15-13-101 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-101
Section 15-13-101 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(1) APPEARANCE BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions.

(2) JUDICIAL OFFICER. Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state.

(3) PROFESSIONAL BAIL COMPANY. A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration.

(4) PROFESSIONAL BONDSMAN. An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company.

(5) PROFESSIONAL SURETY COMPANY. An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Alabama Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the State of Alabama.
Ala. Code § 15-16-22 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-22
Section 15-16-22 Duty of Judge to Order Examination of Defendant in Capital Cases; Observation and Examination of Defendant by Commission on Lunacy; Report by Commission; Order of Clerk of Court; Expenses of Removal of Defendant
Status: in_force

(a) Whenever it shall be made known to the presiding judge of a court by which an indictment has been returned against a defendant for a capital offense, that there is reasonable ground to believe that such defendant may presently lack the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever said judge receives notice that the defense of said defendant may proceed on the basis of mental disease or defect as a defense to criminal responsibility; it shall be the duty of the presiding judge to forthwith order that such defendant be committed to the Department of Mental Health and Mental Retardation for examination by one or more mental health professionals appointed by the Commissioner of the Department of Mental Health and Mental Retardation. The commissioner shall place the defendant under the observation and examination of one or more mental health professionals, each of whom is either a licensed psychologist holding a Psy. D. or Ph.D degree or a licensed physician who specializes in psychiatry. The assigned mental health professional(s) shall examine the defendant with respect to determining the presence of any mental disease or defect which, if determined to be present, would affect the capacity of the defendant to proceed or continue to trial or which would affect the defendant’s criminal responsibility at the time of the commission of the crime.

(b) Such defendant shall be subject to the observation of and examination by the mental health professional(s) appointed by the commissioner for such length of time as may be necessary to determine the mental condition of the defendant so far as it affects his capacity to proceed or continue to trial or his criminal responsibility.

(c) As soon as the assigned mental health professional(s) has completed the examination of the defendant, said mental health professional(s) shall make a full written report thereof to the clerk of the court in which the indictment against said defendant is pending, which report shall be placed on file and be accessible to the court, to the district attorney and to the counsel for the defendant.

(d) It shall be the duty of the clerk of said court upon receipt of said report to issue an order to the sheriff of the county directing that such defendant be remanded and removed to jail and that the criminal proceedings against him be resumed or he be otherwise legally discharged.

(e) The expense of removing such defendant to and from the hospitals and of maintaining him while there confined shall be paid in the same manner as provided by law in the case of persons adjudged to be of unsound mind following inquisition in the probate court.
Ala. Code § 15-14-53 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-53
Section 15-14-53 Right of Victim to Be Present in Courtroom
Status: in_force

The victim of a criminal offense shall be entitled to be present in any court exercising any jurisdiction over such offense and therein to be seated at the counsel table of any prosecutor prosecuting such offense or other attorney representing the government or other persons in whose name such prosecution is brought.
Ala. Code § 15-8-71 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-71
Section 15-8-71 Withdrawal and Filing of Indictment with Leave to Reinstate Same
Status: in_force

In all criminal cases in the circuit court in which a capias or warrant of arrest has issued for two terms and has been returned “not found,” the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement. In all cases where a defendant is confined in one of the Alabama state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement.
Ala. Code § 15-24-6 — Alabama Code / Title 15 / Chapter 24 / Section 15-24-6
Section 15-24-6 Affidavit Part of Court Record; Use of Affidavit
Status: in_force

The verified affidavit shall become a part of the court record and shall be available for proper use in bail hearings, determination of place of detention, and ultimate disposition of such case.
Ala. Code § 15-20-33 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-33
Section 15-20-33 Exemptions from Article
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-2-25 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-25
Section 15-2-25 Duty of Clerk of Court to Forward Case Materials
Status: in_force

When an order for the removal of a trial is made, the clerk of court must make out a transcript of all the entries, orders and proceedings in the case, including the organization of the grand jury, the indictment, the endorsements thereon, all the entries relating thereto, the undertakings or recognizances of the defendant, all the orders and judgments thereon and the order for the removal of the trial. He must attach his certificate thereto and forward the package under seal by a special messenger, by express, by registered or certified mail or deliver it in person to the clerk of the court to which the trial is ordered to be removed. He must also enclose in the package and forward or deliver in the same manner the original subpoenas in the case.
Ala. Code § 15-27-14 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-14
Section 15-27-14 Applicability - Alabama Securities Commission
Status: in_force

Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is expunged under this chapter be considered nondisclosable or nonreportable to or by the Alabama Securities Commission. Any requirement for licensing or registration which includes information that has been otherwise expunged under this chapter shall remain reportable as required by the Alabama Securities Commission, applicable federal law, or adopted rules and regulations or as required by any securities-related self-regulatory organization rules, policies, or procedures.
Ala. Code § 15-25-3 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-3
Section 15-25-3 Prosecution for Physical, Sexual, or Violent Offense Involving Child or Protected Person - Use of Closed Circuit Equipment; Who May Be Present; Procedure; Competence of Victim as Witness; Appointment of Counsel
Status: in_force

(a) In those criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any alleged victim of the crime or a witness to the crime who is a child or protected person at the time of the order shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion the court shall take into consideration the nature of the offense, the nature of the 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.

(b) If the court orders that the victim’s or witness’s testimony in court shall be by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge’s chambers or in another suitable location designated by the judge.

(c) Examination and cross-examination of the victim or witness shall proceed as though he or she were testifying in the courtroom. Present in the room with the child or the protected person during his or her testimony shall be any of the following:

(1) The prosecuting attorney.

(2) The attorney of 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 protected person in a therapeutic setting regarding the abuse.

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

(d) All costs incurred by the district attorney to make it possible for the court and the trier of the fact to view the testimony of the victim or witness by closed circuit equipment as provided in this article shall be paid by the state. The district attorney shall submit all bills for costs to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.

(e) Notwithstanding any other provision of law or rule of evidence, a child or protected person victim of a physical offense, sexual offense, or violent offense, shall be considered a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall be permitted to determine the weight and credibility to be given to the testimony. The court may also allow leading questions of the child or protected person victim or witness in the interest of justice.

(f) The operators of the closed circuit equipment may also be in the room and shall make every effort to be unobtrusive.

(g) Only the court, the prosecuting attorney, and the attorney for the defendant may question the child or protected person. During the testimony by closed circuit equipment, the defendant, the judge, and the jury shall remain in the courtroom. The video feed showing the child or protected person shall remain visible to the defendant, the judge, and the jury at all times during the testimony and cross-examination of the child or protected person.

(h) The judge and the defendant shall be allowed to communicate with the attorneys in the room where the child or protected person is testifying by any appropriate electronic method. The party making the motion that the testimony shall be by closed circuit equipment shall make all necessary arrangements regarding the equipment and the operation thereof during the course of the proceeding.

(i) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time. The testimony shall be limited to purposes of identification only.

(j) 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 § 15-25-37 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-37
Section 15-25-37 Factors in Considering Trustworthiness of Statement
Status: in_force

In determining whether a statement possesses particularized guarantees of trustworthiness pursuant to Section 15-25-32, the court shall consider any of the following factors:

(1) The witness’s personal knowledge of the event.

(2) The age and maturity of the witness.

(3) Certainty that the statement was made, including the credibility of the person testifying about the statement ; .

(4) Any apparent motive the witness may have to falsify or distort the event, including bias, corruption, or coercion.

(5) The timing of the statement.

(6) Whether more than one person heard the statement.

(7) Whether the witness was suffering from pain or distress when making the statement.

(8) The nature and duration of any alleged abuse.

(9) Whether the witness’s young age or status as a protected person pursuant to Section 15-25-1 makes it unlikely that the witness fabricated a statement that represents a graphic, detailed account beyond the witness’s knowledge and experience.

(10) Whether the statement is spontaneous or directly responsive to questions.

(11) Whether the statement is suggestive due to improperly leading questions.

(12) Whether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the witness’s statement.
Ala. Code § 15-22-22 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-22
Section 15-22-22 Board of Pardons and Paroles - Furnishing of Offices and Supplies, Etc
Status: in_force

The necessary office quarters, supplies, stationery and equipment shall be provided for the Board of Pardons and Paroles in the manner that the same are furnished to other departments, boards, commissions, bureaus and offices of the state.
Ala. Code § 15-26-3 — Alabama Code / Title 15 / Chapter 26 / Section 15-26-3
Section 15-26-3 Electronic Filing of Documents
Status: in_force

Any documents filed during the audio-video communication may be transmitted electronically, including but not limited to, facsimile, personal computers, host computers, other terminal devices, and local, state, and national data networks. The electronic data transmission may be served or executed by the person to whom it is sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures on the electronic data transmission shall be treated as original signatures.
Ala. Code § 15-6-22 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-22
Section 15-6-22 Hearing; Discharge of Defendant; Continuation of Hearing
Status: in_force

When a person complained of is brought before the circuit, district or municipal court judge, he and his witnesses must be heard in his defense; and, if on hearing the witnesses on both sides it appears that there is no just reason to fear the commission of the offense, the defendant must be discharged. If the hearing is continued, the judge shall require the defendant to give bail for his appearance, and, failing to furnish the bail, the defendant must be committed to jail.
Ala. Code § 15-20A-25 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-25
Section 15-20A-25 Adult Sex Offender - Relief from Employment Restriction
Status: in_force

(a) A sex offender may petition at sentencing, or if after sentencing, a sex offender may file a petition in the civil division of the circuit court in the county where the sex offender seeks to accept or maintain employment for relief from the employment restrictions pursuant to subsection (b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following sex offenses shall not be entitled to relief under this section:

(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) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

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

(6) Any sex offense involving a child.

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

(8) Any offense committed in any other jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (7), inclusive.

(b)(1) The sex offender shall serve a copy of the petition by certified mail on all of the following:

a. The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.

b. The prosecuting attorney of the county in which the sex offender seeks to accept or maintain employment.

c. Local law enforcement where the sex offender was adjudicated or convicted, if the sex offender was adjudicated or convicted in this state.

d. Local law enforcement where the sex offender seeks to accept or maintain employment.

(2) Failure of the sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.

(c) The petition and documentation to support the petition shall include all of the following:

(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense, if the petition is filed after sentencing.

(2) A list of each registering agency in each county and jurisdiction in which the sex offender is required to register or has ever been required to register, if the petition is filed after conviction.

(3) The sex offender’s criminal record and an affidavit stating that the sex offender has no pending criminal charges.

(4) The location where the sex offender is employed or intends to obtain employment.

(5) Justification as to why the court should grant relief.

(6) Any other information requested by the court relevant to the petition.

(d) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.

(e) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.

(f) The court shall issue an order releasing the sex offender from the requirements of the employment restrictions pursuant to subsection (b) of Section 15-20A-13 if the court finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. The court may consider any of the following factors in determining whether to grant relief:

(1) The nature of the offense.

(2) Past criminal history of the sex offender.

(3) The location where the sex offender is employed or intends to obtain employment.

(4) Any other information deemed relevant by the court.

(g) If the court grants the petition, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney where the petition was filed and to the Alabama State Law Enforcement Agency.

(h) A sex offender is not eligible for relief under this section if he or she was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.

(i) Upon request of the state, the court may reinstate the restrictions pursuant to subsection (b) of Section 15-20A-13 for good cause shown, including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (f) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.

(j) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, except when this relief is sought at the time of sentencing, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

(k) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

(l) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
Ala. Code § 15-13-132 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-132
Section 15-13-132 Conditional Forfeiture Notice to Defendant and Sureties
Status: in_force

A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court’s conditional forfeiture order to the defendant and sureties. The notice may be in the following form:

You are hereby notified that your name appears as a surety on the bond in the above styled case. This case was called for trial on _______ (date) and the defendant was not present to answer. Therefore, a conditional forfeiture of _______ dollars was entered against you.

You shall file a written response within 30 days after you receive this notice and show cause to the court why this bond amount and the court cost incident to this forfeiture should not be made final.

If no action on your part is taken 30 days after the date you receive this notice, a final forfeiture may be entered against you by the court. The sheriff shall collect the amount of the bond and court cost from you or levy on your property to satisfy the forfeiture case. If you file a written response and the court is of the opinion your written response is not sufficient to set aside the conditional forfeiture, then the court shall set a final forfeiture hearing date and you will be notified at the address provided on the response.

This bond forfeiture is a court case against you separate from the defendant’s criminal case. The court has also ordered that the defendant be re-arrested in the original case.
Ala. Code § 15-13-102 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-102
Section 15-13-102 Definitions and Purpose of Bail
Status: in_force

As used in this article, “bail” is the release of a person who has been arrested and is being held in the custody of the State of Alabama or one of its subdivisions for the commission of a criminal offense. The primary purpose of bail is to procure the release of a person charged with an offense upon obtaining assurance, with or without security, of the defendant’s future appearance in court.
Ala. Code § 15-13-207 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-207
Section 15-13-207 Alabama Professional Bail Bonding Board - Rulemaking Authority; Canons of Ethics and Professional Standards; Personnel
Status: in_force

(a) The board may adopt rules necessary to implement this article and accomplish its objectives subject to the Alabama Administrative Procedure Act.

(b) The board may adopt and establish canons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.

(c) The board may hire personnel necessary or as advisable to carry out the purposes of this article.

(d) The Attorney General shall provide legal services to the board and its employees in connection with official duties and actions of the board or the board may employ legal counsel, when deemed necessary by the board, whose compensation shall be fixed by the board and paid in the same manner as the per diem and expenses of the board members are paid.
Ala. Code § 15-18-72 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-72
Section 15-18-72 Effect of Default by Defendant with Suspended Sentence, on Probation or on Parole
Status: in_force

(a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment, the court on motion of the victim or the district attorney or upon its own motion shall require the defendant to show cause why his default should not be treated as violation of a condition of his probation.

(b) When the defendant is sentenced to the penitentiary by the court, and the court orders restitution, it shall be made a condition of his parole that restitution be made. When the parolee defaults in the payment thereof or any installment, the parole board on motion of the victim or the district attorney or the supervising parole officer, may require the defendant to show cause why his default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and after due process may revoke his parole.

(c) The court shall cause all restitution payments to be transmitted in not less than 15 days of receipt of such payment.
Ala. Code § 15-8-23 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-23
Section 15-8-23 Manner of Stating Act Constituting Offense
Status: in_force

The manner of stating the act constituting the offense, as set forth in the forms given in Article 8 of this chapter, is sufficient in all cases in which the forms there given are applicable; in other cases, forms may be used as nearly similar as the nature of the case and the rules prescribed in this chapter will permit.
Ala. Code § 15-25-38 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-38
Section 15-25-38 Recorded Findings of the Court
Status: in_force

The court shall support with findings and record any rulings pertaining to the witness’s unavailability and the trustworthiness of the out-of-court statement.
Ala. Code § 15-23-62 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-62
Section 15-23-62 Law Enforcement Agency Required to Provide Victim with Information Concerning Services, Compensation Benefits, Etc
Status: in_force

Within 72 hours, unless the victim is unavailable or incapacitated as a result of the crime, after the initial contact between a victim of a reported crime and the law enforcement agency either responding to the report of the crime of the victim or another person, or having responsibility for investigating the crime, the law enforcement agency shall provide to the victim in a manner and form designed and produced for the appropriate governmental agency or office, the following information:

(1) The availability of emergency and crisis services.

(2) The availability of victims’ compensation benefits and the name, address, and telephone number of the Alabama Crime Victims Compensation Commission.

(3) The name of the law enforcement officer and telephone number of the law enforcement agency with the following statement attached: “If within 60 days you are not notified of an arrest in your case, you may call the telephone number of the law enforcement agency for the status of the case.”

(4) The procedural steps involved in a criminal prosecution.

(5) The rights authorized by the Alabama Constitution on rights of victims, including a form to invoke these rights.

(6) The existence and eligibility requirements of restitution and compensation pursuant to Section 15-18-65 et seq. and Section 15-23-1 et seq.

(7) A recommended procedure if the victim is subjected to threats or intimidation.

(8) The name and telephone number of the office of the prosecuting attorney to contact for further information.
Ala. Code § 15-27-20 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-20
Section 15-27-20 Release of Expunged Records for Use in Certain Civil Suits; Hearing
Status: in_force

Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject of the expungement. Upon a request from any party for the release of any records that have been expunged, the court having jurisdiction over the pending civil matter shall hold an in camera hearing to determine the following:

(1) If the request has been made in good faith.

(2) The nature and scope of the requested records.

(3) The relevance of the requested records to the pending civil matter.

Upon the completion of the in camera review, the court shall make a determination in writing whether to release the expunged records. In no way shall the release of expunged records bear any weight as to their admissibility at trial with respect to the Alabama Rules of Evidence. This section is to be applied retroactively.
Ala. Code § 15-18-172 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-172
Section 15-18-172 Establishment of Program; Funding; Rules and Regulations; Participation in Program; Alternatives
Status: in_force

(a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody of the county. The program shall be established by a county by resolution adopted by the county commission or by community punishment and corrections authorities or other nonprofit entities as provided herein. The program shall establish the maximum number of offenders who may participate in the program and participation shall be limited to space availability. No offenders may be sentenced or assigned to the program in excess of the maximum number established for the program. No county is obligated to fund any activities of a community corrections program established under this article without an affirmative vote of the affected county commission.

(b) The department may contract with such counties, authorities, or other nonprofit entities as provided herein concerning start-up costs and the costs of maintenance, including medical expenses, of state inmates participating in any program authorized under this article or under any county program functioning pursuant to any state or local act.

(c) The department shall promulgate rules and regulations pursuant to the Alabama Administrative Procedure Act establishing conditions for state inmates’ participation in the community punishment and corrections program, the observance of which may be a condition to such participation.

(d) A state inmate incarcerated in a state facility may be approved by the department for participation in a community punishment and corrections program established under this article and be assigned to a program in the county from which the inmate was sentenced if a community punishment and corrections program under this article has been established in that county and if the sentencing judge of the county authorizes the inmate to participate in the program. An inmate may be assigned to a community punishment and corrections program in another county if the presiding judge of the other county and the sentencing judge agree to the assignment and if the county has agreed in the contract to accept inmates originally sentenced in other counties. In the event the sentencing judge is unavailable due to death, retirement, or any other reason, the presiding judge from the sentencing circuit shall act in the sentencing judge’s stead. An inmate assigned to a community punishment and corrections program pursuant to this article shall not be eligible for parole consideration.

(e) The department shall annually identify alternatives to community punishment and corrections programs for those counties which have not established a community punishment and corrections program under this article. The department shall publish a list of such alternatives on its website and shall provide a list of such alternatives to each district and circuit court annually. The department shall include a list of referral services available for veterans and servicemen, and, when available and appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as an alternative.
Ala. Code § 15-17-4 — Alabama Code / Title 15 / Chapter 17 / Section 15-17-4
Section 15-17-4 Conviction If Any Result Charged Produced by Act
Status: in_force

When an act done may be attended by more results than one, either of which is sufficient to constitute the offense, the jury must convict if satisfied that any one of the results charged was produced by the act, although uncertain as to which.
Ala. Code § 15-18-8.1 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-8.1
Section 15-18-8.1 Rules and Regulations
Status: in_force

Any and all rules and regulations issued by the Commissioner of the Alabama Department of Corrections pursuant to the provisions of Section 15-18-8 shall be subject to the Alabama Administrative Procedure Act.
Ala. Code § 15-8-32 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-32
Section 15-8-32 Statement of Legal Presumptions and Matters Judicially Known Unnecessary
Status: in_force

Presumptions of law and matters of which judicial notice is taken need not be stated in an indictment.
Ala. Code § 15-10-9 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-9
Section 15-10-9 Rearrest After Escape or Rescue
Status: in_force

If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and retaken at any time and in any place in the state. If such officer or person is refused admittance, after notice of his intention, he may break open an outer or inner door or window of a dwelling house in order to retake the person so escaping or rescued.
Ala. Code § 15-21-16 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-16
Section 15-21-16 Service of Writ
Status: in_force

A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued or in which the person on whose behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom it is directed and showing the original, if demanded. If such person cannot be found, conceals himself or refuses admittance to the officer, the writ may be served by leaving a copy at the place where the party is confined with any person of full age who, for the time being, has charge of the party or by posting it in a conspicuous place on the outside of the house or building in which the party is confined.
Ala. Code § 15-24-1 — Alabama Code / Title 15 / Chapter 24 / Section 15-24-1
Section 15-24-1 Short Title
Status: in_force

This chapter shall be known as the “Intellectually Disabled Defendant Act.”
Ala. Code § 15-12-6 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-6
Section 15-12-6 Compensation of Appointed Counsel
Status: in_force

Compensation of counsel appointed to represent indigent defendants shall be paid by the state in such amounts as otherwise provided by law. The procedure for approval and payment for such services shall be as provided by law or rule as may be promulgated by the director.
Ala. Code § 15-20A-41 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-41
Section 15-20A-41 Victim Assistance
Status: in_force

(a) After a sex offender’s conviction or adjudication, and upon request of the Attorney General’s Office, the office of the prosecuting attorney or the clerk of the court shall immediately forward the victim’s name and most current address, if available, to the Attorney General’s Office of Victim Assistance.

(b) When providing notice of a parole hearing, the Board of Pardons and Paroles shall provide the Attorney General’s Office of Victim Assistance with any victim information on victims whose offenders are subject to this chapter.

(c) Upon request of the victim, the Attorney General’s Office of Victim Assistance shall send a notice to the victim notifying the victim of the pending release of the sex offender and the location at which the sex offender intends to reside. This request by the victim shall be made electronically or in writing to the Attorney General’s Office of Victim Assistance.

(d) It shall be the responsibility of the victim to inform the Attorney General’s Office of Victim Assistance of any change to the victim’s address or any other pertinent information. If the notice sent by the Attorney General’s Office of Victim Assistance is returned as undeliverable, no further action shall be required of the Attorney General’s Office of Victim Assistance.
Ala. Code § 15-20A-18 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-18
Section 15-20A-18 Adult Sex Offender - Identification Requirements
Status: in_force

(a) Every adult sex offender who is a resident of this state shall obtain from the Alabama State Law Enforcement Agency, and always have in his or her possession, a valid driver license or identification card issued by the Alabama State Law Enforcement Agency. If any adult sex offender is ineligible to be issued a driver license or official identification card, the Alabama State Law Enforcement Agency shall provide the adult sex offender some other form of identification card or documentation that, if it is kept in the possession of the adult sex offender, shall satisfy the requirements of this section. If any adult sex offender is determined to be indigent, an identification card, or other form of identification or documentation that satisfies the requirements of this section, shall be issued to the adult sex offender at no cost. Indigence shall be determined by order of the court prior to each issuance of a driver license or identification card.

(b) The adult sex offender shall obtain from the Alabama State Law Enforcement Agency a valid driver license or identification card bearing a designation that enables law enforcement officers to identify the licensee as a sex offender within 14 days of his or her initial registration following release, initial registration upon entering the state to become a resident, or immediately following his or her next registration after July 1, 2011.

(c) Whenever the Alabama State Law Enforcement Agency issues or renews a driver license or identification card to an adult sex offender, the driver license or identification card shall bear a designation that, at a minimum, enables law enforcement officers to identify the licensee as a sex offender.

(d) Upon obtaining or renewing a driver license or identification card bearing a designation that enables law enforcement officers to identify the licensee as a sex offender, the adult sex offender shall relinquish to the Alabama State Law Enforcement Agency any other driver license or identification card previously issued to him or her by a state motor vehicle agency which does not bear any designation enabling law enforcement officers to identify the licensee as a sex offender. Nothing in this section shall require an adult sex offender to relinquish, or preclude an adult sex offender from possessing, any form of identification issued to him or her by an entity other than a state motor vehicle agency, including, but not limited to, the United States, a federal department or agency, a municipal or county government entity, an educational institution, or a private employer.

(e) No adult sex offender shall mutilate, mar, change, reproduce, alter, deface, disfigure, or otherwise change the form of any driver license or identification card which is issued to the adult sex offender by the Alabama State Law Enforcement Agency and which bears any designation enabling law enforcement officers to identify the licensee as a sex offender. An adult sex offender having in his or her possession a driver license or identification card issued to him or her by the Alabama State Law Enforcement Agency bearing any designation enabling law enforcement officers to identify the licensee as a sex offender which has been mutilated, marred, changed, reproduced, altered, defaced, disfigured, or otherwise changed shall be prima facie evidence that he or she has violated this section.

(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-5-4 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-4
Section 15-5-4 Examination of Complainant and Witnesses; Contents of Depositions
Status: in_force

Before issuing a search warrant, a judge, or magistrate authorized by law to issue search warrants, must examine on oath the complainant and any witness he may produce, take their depositions in writing and cause them to be subscribed by the persons making them. Such depositions must set forth facts tending to establish the grounds of the application or probable cause for believing that they exist.
Ala. Code § 15-14-50 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-50
Section 15-14-50 Short Title
Status: in_force

This article shall be known as and may be cited as “The Alabama Crime Victims’ Court Attendance Act.”
Ala. Code § 15-18-184 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-184
Section 15-18-184 Authority to Maintain General Liability Insurance
Status: in_force

An authority or nonprofit entity contracting with the department under this article shall maintain appropriate liability insurance in an amount sufficient to insure against loss resulting from bodily injury, death or property damage, subject to the limitations on recovery of damages contained in this article and any other immunities from civil liability or defenses established under the Constitution of Alabama or any other section of the code or common law, to which the entities might be entitled. The insurance may be obtained through any source available to an approving county commission.
Ala. Code § 15-20-31 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-31
Section 15-20-31 Juvenile Criminal Sex Offender - When Treated as Adult
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-13-120 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-120
Section 15-13-120 Substitution of Bail
Status: in_force

After a defendant has been released on either one of the four different types of bail, as set out in Division 2, Section 15-13-111, and the defendant desires to substitute one form of bail for another, the defendant may do so by giving such bail to the clerk of the court having jurisdiction of the case. The clerk shall approve the bail being substituted so long as it conforms with this chapter.
Ala. Code § 15-15-23 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-23
Section 15-15-23 Hearing of Testimony; Receiving of Plea; Entry of Judgment; Sentencing of Defendant
Status: in_force

(a) Upon the date fixed for the formal plea of guilty by a defendant, the court shall proceed to hear the testimony of any witnesses who may be summoned or offered either by the state or by the defendant or whom the court may direct to be summoned, and it must hear also the testimony of the defendant.

(b) If after hearing the testimony the court believes beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense charged against him in the information provided for in Section 15-15-21, the court shall thereupon receive and enter the plea of guilty of such defendant, shall enter judgment of conviction thereon and shall sentence the defendant to such term in the penitentiary as is prescribed by law, any other provisions of the law to the contrary notwithstanding.
Ala. Code § 15-23-120 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-120
Section 15-23-120 Short Title
Status: in_force

This article shall be known and may be cited as the Sexual Assault Survivors Bill of Rights.
Ala. Code § 15-8-1 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-1
Section 15-8-1 “Indictment” Defined
Status: in_force

An “indictment” is an accusation in writing presented by the grand jury of the county, charging a person with an indictable offense. The distinction between indictments and presentments is abolished.
Ala. Code § 15-10-14 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-14
Section 15-10-14 Detention and Arrest of Person Suspected of Larceny of Goods Held for Sale
Status: in_force

(a) A peace officer, a merchant or a merchant’s employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant or merchant’s employee shall not render such police officer, merchant or merchant’s employee criminally or civilly liable for false arrest, false imprisonment or unlawful detention.

(b) Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.

(c) A merchant or a merchant’s employee who causes such arrest as provided for in subsection (a) of this section of a person for larceny of goods held for sale shall not be criminally or civilly liable for false arrest or false imprisonment where the merchant or merchant’s employee has probable cause for believing that the person arrested committed larceny of goods held for sale.
Ala. Code § 15-20-25.1 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-25.1
Section 15-20-25.1 Adult Criminal Sex Offender - Registration by Nonresident Workers and Students
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-11-8 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-8
Section 15-11-8 Duty of Court to Examine All Witnesses
Status: in_force

In a preliminary examination, it shall be the duty of the court to examine all witnesses having any knowledge of any facts relevant to such investigation, whether such witnesses were summoned in behalf of the state or of the defendant.
Ala. Code § 15-6-3 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-3
Section 15-6-3 Offense Committed or Threatened in Presence of Judge
Status: in_force

Any person who, in the presence of a judge, commits or threatens to commit an offense against the person or property of another or contends with another with angry words may be ordered, without process, to enter into an undertaking to keep the peace for a term not exceeding 12 months and, in event of refusal, may be committed as in other cases.
Ala. Code § 15-13-214 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-214
Section 15-13-214 Civil Penalty for False Statements to Board
Status: in_force

Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee as provided in Section 15-13-217.
Ala. Code § 15-22-31 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-31
Section 15-22-31 Warrant for Retaking Parolee; Arrest Without Warrant; Execution of Warrant and Fees Therefor
Status: in_force

(a) When the parole officer supervising a parolee or any member of the Board of Pardons and Paroles has reasonable cause to believe that the parolee has violated the conditions of his or her parole, the parole officer or board member may report the violation to the Department of Corrections and request the department to issue a warrant to arrest the parolee. Upon request, the department shall issue an arrest warrant, and the parolee shall be returned to the prison designated on the warrant.

(b) Any parole officer or a law enforcement officer with power of arrest may arrest a parolee without a warrant if the parolee violates the conditions of parole in the presence of the arresting officer . The arresting officer, or his or her agency, as soon as practicable, but no later than 24 hours following the arrest, shall notify the Board of Pardons and Paroles of the parolee’s arrest. The parolee may be detained in the county jail or other appropriate place of detention until the warrant issued by the Department of Corrections has been received at the place of his or her detention . A parolee shall not be held longer than 20 days awaiting the arrival of the warrant issued by the department . If a warrant is not issued within 20 days , the parolee shall be released from custody.

(c) If the parolee is presented to the county jail with a serious medical condition, if the admittance of the parolee would create a security risk to the county jail, or if the jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If while in custody of the county jail the parolee develops a serious medical condition, if the presence of the parolee creates a security risk to the county jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to his or her parole officer unless the Department of Corrections has issued an arrest warrant directing the return of the parolee to the department’s custody . A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail pursuant to this subsection .

(d) Any parole officer or law enforcement officer with power of arrest to whom the warrant, issued by the Department of Corrections pursuant to subsection (a), is delivered shall execute the warrant by arresting the parolee and returning him or her to the prison designated by the Department of Corrections . The parolee shall be held by the department awaiting the action of the Board of Pardons and Paroles.

(e) An officer, other than an officer of the prison or parole officer, shall receive fees for the execution of an arrest warrant . An officer who transports the parolee from the place of arrest to the designated prison shall receive fees for transporting the parolee to the prison. The fees shall be paid out of the funds standing to the credit of the Department of Corrections.
Ala. Code § 15-13-210 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-210
Section 15-13-210 Application for Licensure. (Amended by Act 2026-542)
Status: in_force

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

(a) An application and all information on an application for licensure pursuant to this article shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant:

(1) His or her full name.

(2) His or her date of birth.

(3) All residences during the immediate past five years.

(4) All employment or occupations engaged in during the immediate past five years.

(5) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.

(b) On or before September 1 each year, the board shall send an email reminder to each licensee stating that the last day for submitting an application for a license renewal is September 30 of that year.
Ala. Code § 15-18-63 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-63
Section 15-18-63 Imposition of Additional Hard Labor to Pay Costs; When Defendant Discharged
Status: reserved

Repealed by Act 2002-415, p. 1060, §2, effective April 17, 2002.
Ala. Code § 15-10-3 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-3
Section 15-10-3 Arrest Without Warrant - Generally; Written Report; Protection Orders
Status: in_force

(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances:

(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.

(2) When a felony has been committed, though not in the presence of the officer, by the person arrested.

(3) When a felony has been committed and the officer has probable cause to believe that the person arrested committed the felony.

(4) When the officer has probable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.

(5) When a charge has been made, upon probable cause, that the person arrested has committed a felony.

(6) When the officer has actual knowledge that a warrant for the person’s arrest for the commission of a felony or misdemeanor has been issued, provided the warrant was issued in accordance with this chapter. However, upon request the officer shall show the warrant to the arrested person as soon as possible. If the officer does not have the warrant in his or her possession at the time of arrest the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.

(7) When the officer has probable cause to believe that a felony or misdemeanor has been committed by the person arrested in violation of a protection order, including a domestic violence protection order or an elder abuse protection order, issued by a court of competent jurisdiction.

(8) When an offense involves a crime of domestic violence, including domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, or elder abuse as defined in Section 38-9F-3, and the arrest is based on probable cause.

(b) When a law enforcement officer investigates an allegation of domestic violence or elder abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complaint, and the disposition of the case.

(c) If the defendant is arrested under this section for committing an act of domestic violence, including domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, in violation of a domestic violence protection order, or an act of elder abuse in violation of an elder abuse protection order, the defendant shall be held in custody until brought before the court within 48 hours for the purpose of enforcing the protection order and for consideration of bail in accordance with Section 15-13-190 and the applicable rules of criminal procedure, pending a hearing. If the defendant is not brought before the court within 48 hours, the defendant shall be subject to bail according to the Alabama Rules of Criminal Procedure.
Ala. Code § 15-18-144 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-144
Section 15-18-144 Employment Income Withholding Order - Assets of Defendant to Be Withheld or Attached
Status: in_force

(a) Any provision of any 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 decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant’s restitution obligation. If the prison authority reasonably believes that the defendant’s outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant’s outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.

(b) The Alabama Department of Corrections may promulgate reasonable rules to effectuate the intent of this section.
Ala. Code § 15-20-27 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-27
Section 15-20-27 Juvenile Criminal Sex Offender - Treatment; Dna Sample
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-10-6 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-6
Section 15-10-6 Offense Committed in Presence of Judge or Magistrate
Status: in_force

When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person to arrest the offender and, when the offender has been arrested, may thereupon proceed as if such offender had been brought before him on a warrant of arrest.
Ala. Code § 15-18-84 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-84
Section 15-18-84 Rearrest and Execution of Person Escaping Before Execution
Status: in_force

(a) If a condemned person escapes after sentence and before his delivery to the warden from Holman prison and is not rearrested until after the time fixed for execution, any person may arrest and commit him to the jail of the county in which he was sentenced. Thereupon, the court by whom the condemned was sentenced, on notice of such arrest being given by the sheriff, shall again appoint a time for the execution, not less than 30 days from such appointment, which appointment shall be by the clerk of said court immediately certified to the warden of Holman prison. Such clerk shall place such certificate in the hands of the sheriff, who shall deliver the same, together with the warrant for execution and the condemned person to the warden, who shall receipt the sheriff for the same and proceed at the appointed time to carry the sentence of death into execution as hereinabove provided.

(b) If a condemned person escapes after his delivery to the warden and is not retaken before the time appointed for his execution, any person may arrest and commit him to Holman prison, whereupon the warden shall certify the fact of his escape and recapture to the court in which sentence was passed. The court shall again appoint a time for the execution, which shall be not less than 30 days from the date of such appointment. Thereupon, the clerk of such court shall certify such appointment to the warden, who shall proceed at the time so appointed to execute the condemned as hereinabove provided.
Ala. Code § 15-22-73 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-73
Section 15-22-73 Appointment of Parole Officers; Duties and Powers; Reports, Records, Etc., Privileged
Status: in_force

Parole officers may be appointed to investigate all cases referred by the board to such officers and shall furnish to each parolee under his supervision a written statement of the conditions of his parole, instruct each parolee regarding the same, and keep informed concerning the conduct and condition of each person on parole under his supervision. Each parole officer shall make such reports as the board may require. Each parole officer shall have, in the execution of his duties, the power of arrest and the authority to execute process as is given by law to police officers of such city. All reports, records and data assembled by any parole officer shall be privileged and shall not be available for public inspection except upon order of a court, except that in no case shall the right to inspect said reports be denied the defendant or his counsel.
Ala. Code § 15-15-4 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-4
Section 15-15-4 Forms of Pleas, Replications, Rejoinders and Demurrers
Status: in_force

The following forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they are applicable, but they are not exclusive, and any other form sufficient at common law, under the statutes or any analogous or kindred pleadings, where no form is provided in this Code, may be used:

(1) CAPTION. - The following caption may be used as a part of each of the following forms: The State of Alabama, v. In _____ court, ____County. A.B.

(2) GENERAL FORM OF PLEA. - Comes the defendant (in his own proper person, or by attorney) and for plea says: The state ought not further to prosecute this indictment against him because _____ (stating matter constituting the plea). And this the defendant is ready to verify and prays judgment that he be discharged (or it may conclude, “and of this he puts himself upon the country,” whenever appropriate).

(3) PLEA TO JURISDICTION. - Comes the defendant (in his own proper person, or by attorney) and for plea to the indictment says: This court has no jurisdiction (or should not take further cognizance) of this offense contained in the indictment because _____ (here state matter in substance of the plea). All of which the defendant is ready to verify and prays judgment that this court should take no further jurisdiction or cognizance of the indictment aforesaid and that he be discharged.

(4) PLEA OF MISNOMER. - Comes the defendant (in his own proper person, or by attorney) and for plea of misnomer says: His true name is A. B., and not C. D. as alleged in the indictment and that he has never been known or called by the name of C. D., which he is ready to verify, and prays judgment that the indictment be quashed.

(5) PLEA OF AUTREFOIS CONVICT. - Comes the defendant (in his own proper person, or by attorney) and for plea says: The state ought not to further prosecute this indictment against him because at _____ session of _____ court of _____ cCunty an indictment was found and presented against him charging _____ (here set out indictment or, if prosecution begun by affidavit or complaint, it may be so alleged, setting forth such affidavit or complaint, or if exact copy cannot be set out, the substance of, or as near as may be); that at _____ session of said court, on, to-wit: the _____ said offense, and was duly convicted by said court of said offense charged, which this defendant alleges was based upon and is of the same matters and transactions as is alleged in this indictment or prosecution, of which he is now charged. All of which the defendant is ready to verify and prays judgment that he should be discharged as to the present indictment.

(6) PLEA OF AUTREFOIS ACQUIT. - Comes the defendant (in his own proper person, or by attorney) and for plea says: He ought not to be required to answer this indictment and that the state ought not to prosecute the same against him because at the _____ session of _____ court of _____ County on to-wit: the _____ day of _____, he was charged and put upon trial under an indictment (complaint or affidavit) charging _____ (here set out the indictment, complaint or affidavit, or other charge; or if that cannot be done, state the substance thereof as near as may be) and that, after trial, hearing, and consideration as to said offense, the defendant was acquitted and discharged. And the defendant says that he is now charged in this indictment of this offense, which is based upon the same matter and transactions as that for which he was tried and acquitted as aforesaid in the first indictment (complaint or affidavit). All of which the defendant is ready to verify and prays that he be discharged in the present indictment.

(7) PLEA OF FORMER JEOPARDY. - Comes the defendant (in his own proper person, or by attorney) and for plea says: He has once been in jeopardy for the offense of which he is now charged in this indictment and that, at the_____ session of _____ court, to-wit: On the _____ day of _____, the defendant was in due form arraigned and pleaded not guilty to the said offense charged, which was in substance as follows: _____ (here set out the indictment, complaint or affidavit charging the offense or the substance thereof) and that the defendant was thus put upon trial for such offense and, after he had pleaded to the same and was thus in jeopardy, that _____ (here set out the matters and facts constituting the irregularity that would bar a subsequent prosecution for the same offense). All of which the defendant is ready to verify, and he prays judgment of this court that he be discharged from the premises in the present indictment specified.

_________________, defendant or attorney for defendant.

(8) GENERAL FORM OF REPLICATION. - Comes the district attorney, and for replication to the defendant’s plea says: that the state ought not to be precluded from prosecuting the said indictment against the defendant on account of any fact stated in said plea, because he says:______ (here set out the matter which constitutes the replication to the plea). All of which the district attorney is ready to verify, and he prays judgment that the defendant be convicted of the premises in said indictment alleged.

_________________, district attorney.

(9) REPLICATION TO PLEA OF JURISDICTION. - Comes the district attorney and for replication to the defendant’s plea to the jurisdiction of this court says: Notwithstanding any facts or matters alleged by the defendant in his said plea, this court ought not to be excluded from taking further cognizance of this indictment because _____ (here set out the matter constituting the replication to said plea). All of which the district attorney is ready to verify, and he prays that the defendant may answer said indictment.

(10) PLEAS OF GUILTY AND NOT GUILTY. - The pleas of guilty and not guilty may be made either orally or in writing.
Ala. Code § 15-23-14 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-14
Section 15-23-14 Award of Compensation Subrogates Commission to Rights of Claimant as to Collateral Source; Funds Recovered from Collateral Source Held in Trust for Commission; Disposition of Trust Funds; Notice of Action to Recover Damages; Restitution Hearings
Status: in_force

(a) If compensation is awarded, the commission shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that compensation was awarded.

(b) In the event the claimant recovers compensation, other than under the provisions of this article, for injuries or death resulting from criminally injurious conduct, the claimant shall retain, as trustee for the commission, so much of the recovered funds as necessary to reimburse the Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the claimant from that fund. The funds retained in trust shall be promptly paid over to the commission and deposited in the Alabama Crime Victims Compensation Fund.

Whenever the commission shall deem it necessary to protect, maintain or enforce the commission’s right to subrogation or to exercise any of its powers or to carry out any of its duties or responsibilities the commission may initiate legal proceedings or intervene in legal proceedings.

(c) If a claimant initiates any legal proceeding to recover restitution or damages related to the criminally injurious conduct upon which compensation is claimed or awarded, the claimant shall give the commission written notice within 15 days of the filing of the action. The commission may intervene in the proceeding as a complainant to recover the compensation awarded. If a claimant fails to give such written notice to the commission within the stated time period, or prior to any attempt by claimant to reach a negotiated settlement of claims for recovery of damages related to the criminally injurious conduct, the commission’s right of subrogation to receive or recover funds from claimant, to the extent that compensation was awarded by the commission, shall not be reduced in any amount or percentage by the costs incurred by claimant attributable to such legal proceedings or settlement; including, but not limited to, attorney’s fee, expert witness fees, investigative costs or cost of court. If such notice is given, attorney fees may be awarded in an amount not to exceed 15 percent of the amount subrogated to the commission.

(d) Whenever compensation is awarded to a claimant who is entitled to restitution from a criminal defendant, the commission may initiate restitution hearings in such criminal proceedings or intervene in the same. The commission shall be entitled to receive restitution in such proceedings to the extent that compensation was awarded. The commission shall be subrogated to all the rights and remedies of such claimant for the collection of restitution to the extent compensation was awarded; provided however, the commission shall be exempt from the payment of any fees or other charges for the recording of restitution orders in the offices of the judges of probate.
Ala. Code § 15-13-107 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-107
Section 15-13-107 Who May or Shall Accept, Take, and Approve Bail and Under What Circumstances
Status: in_force

(a) Judges of any court within the state may accept, take, and approve bail within the jurisdiction of their respective courts.

(b) Circuit, district, and municipal court clerks, including magistrates, may accept, take, and approve bail within the jurisdiction of their respective courts.

(c) Only judicial officers and circuit, district, and municipal court clerks or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however, that any person designated by the court to receive cash bonds, shall be bonded to receive court monies and have the written approval of their chief administrative officer. Clerks of the courts of Alabama may delegate to their employees the right to accept and approve appeal bonds and cash bonds.

(d) Sheriffs of the state and chiefs of police having custody of a defendant may accept, take, and approve property or professional surety bail. The authority may be delegated to their deputies and officers.

(e) The judicial officers and persons in subsections (a), (b), (c), and (d) shall accept and shall release the defendant when bail meets the requirements as set out in Division 10, applying to professional surety. The judicial officers and persons in subsection (c) shall accept, approve, and release the defendant when the bail meets the requirements as set out in Division 9, applying to cash bail. The judicial officers and persons in subsections (a), (b), (c), and (d) may accept, approve, and release the defendant when the officer or person, as designated, is of the opinion the bail meets the requirements as set out in Division 8 of this chapter, applying to property bail.

(f) A sheriff or jailer may accept the filing fee assessed under subsection (a) of Section 12-19-311, if payment has been physically attached to the bail bond form at the time of posting of the bail bond for the release of the defendant. The clerks may accept business checks, cashiers checks, certified checks, money orders, or cash. Any check or money order shall be cashed within 90 days of receipt.
Ala. Code § 15-9-41 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-41
Section 15-9-41 Arrest Without Warrant - When Authorized; Persons Authorized to Make Arrest; Appearance of Accused Before Judge
Status: in_force

(a) An officer or private citizen, without a warrant, may lawfully arrest an individual upon reasonable information that the individual stands charged in the courts of another state with any of the following:

(1) A crime punishable by death.

(2) A crime punishable by imprisonment for a term exceeding one year.

(3) Any crime otherwise punishable as a felony.

(b) Following an arrest pursuant to subsection (a), the arrestee must receive a hearing before a district or circuit court judge with all practicable speed. A complaint must be made against him or her under oath setting forth the ground for the arrest as in Section 15-9-40. Thereafter, his or her answer shall be heard as if he or she had been arrested on a warrant.
Ala. Code § 15-20A-34 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-34
Section 15-20A-34 Juvenile Sex Offender - Relief from Lifetime Registration Requirements
Status: in_force

(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex offender is released from the custody of the Department of Youth Services or sentenced, if the juvenile sex offender was placed on probation, for the sex offense requiring registration pursuant to this chapter.

(b) The petition shall be filed as follows:

(1) If the juvenile sex offender was adjudicated delinquent of a sex offense in this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated delinquent.

(2) If the juvenile sex offender was adjudicated delinquent of a sex offense in a jurisdiction outside of this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender resides.

(c)(1) The juvenile sex offender shall serve a copy of the petition by certified mail on all of the following:

a. The prosecuting attorney in the county of adjudication, if the juvenile sex offender was adjudicated delinquent in this state.

b. The prosecuting attorney of the county in which the juvenile sex offender resides.

c. Local law enforcement where the juvenile sex offender was adjudicated delinquent, if the juvenile sex offender was adjudicated delinquent in this state.

d. Local law enforcement where the juvenile sex offender resides.

(2) Failure of the juvenile sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.

(d) The petition and documentation to support the petition shall include all of the following:

(1) A certified copy of the adjudication of delinquency requiring registration.

(2) Documentation of the juvenile sex offender’s release date or sentencing date if the juvenile sex offender was placed on probation.

(3) Evidence that the juvenile sex offender has completed a treatment program approved by the Department of Youth Services.

(4) A list of each county and jurisdiction in which the juvenile sex offender is required to register or has ever been required to register.

(5) The juvenile sex offender’s criminal record and an affidavit stating that the juvenile sex offender has no pending criminal charges.

(6) Any other information requested by the court relevant to the petition.

(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the offense for which the juvenile sex offender is required to register of the petition and of the dates and times of any hearings or other proceedings in connection with the petition.

(f) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.

(g) The court may consider any of the following factors to determine whether to grant relief:

(1) Recommendations from the juvenile sex offender’s probation officer, including, but not limited to, the recommendations in the predisposition report and the juvenile sex offender’s compliance with supervision requirements.

(2) Recommendations from the juvenile sex offender’s treatment provider, including, but not limited to, whether the juvenile sex offender successfully completed a treatment program approved by the Department of Youth Services.

(3) Recommendations from the prosecuting attorney.

(4) Any written or oral testimony submitted by the victim or the parent, custodian, or guardian of the victim.

(5) The facts and circumstances surrounding the offense including, but not limited to, the age and number of victims, whether the act was premeditated, and whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.

(6) Any criminal behavior of the juvenile sex offender before and after the adjudication of delinquency that requires reporting.

(7) The stability of the juvenile sex offender in employment and housing and his or her community and personal support system.

(8) The protection of society.

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

(h) If the court is satisfied by clear and convincing evidence that the juvenile sex offender is rehabilitated and does not pose a threat to the safety of the public, the court shall grant relief.

(i) The court shall provide a copy of any order granting relief to the prosecuting attorney and to the Alabama State Law Enforcement Agency.

(j) Upon receipt of a copy of an order granting relief as provided in this section, the Alabama State Law Enforcement Agency shall remove the juvenile sex offender from the public registry website. If the registering agencies maintain a local registry of sex offenders who are registered with their agencies, the registering agencies shall remove the registration information of the juvenile sex offender from the local sex offender public registry, if notification applied.

(k) If the court denies the petition for relief, the juvenile sex offender shall wait at least 12 months from the date of the order denying the petition before petitioning the court again.

(l) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, the fee for filing the petition for relief under this section shall be two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

(m) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

(n) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
Ala. Code § 15-13-200 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-200
Section 15-13-200 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Bail Bond Regulatory Act.
Ala. Code § 15-2-23 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-23
Section 15-2-23 Examination of Prosecution Witnesses on Interrogatories Upon Change of Venue in Misdemeanor Cases
Status: in_force

When the defendant is charged with a misdemeanor, upon granting a change of venue, the court may provide that witnesses for the prosecution may be examined on interrogatories on such terms as the court may prescribe.
Ala. Code § 15-19-7 — Alabama Code / Title 15 / Chapter 19 / Section 15-19-7
Section 15-19-7 Effect of Determination; Access to Records of Youthful Offender
Status: in_force

(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime; provided, however, that if he is subsequently convicted of crime, the prior adjudication as youthful offender shall be considered.

(b) The fingerprints and photographs and other records of a person adjudged a youthful offender shall not be open to public inspection unless the person adjudged a youthful offender is treated as an adult sex offender according to Section 15-20A-35; provided, however, that the court may, in its discretion, permit the inspection of papers or records.

(c) Prosecutors representing the State of Alabama shall have access to fingerprints, photographs, and other records of a person adjudged a youthful offender contained in the court file regardless of the jurisdiction from which the file originates.
Ala. Code § 15-2-8 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-8
Section 15-2-8 Venue - Forcible Marriage, Prostitution, Detaining Child, Kidnapping, Etc
Status: in_force

For the offenses specified in Sections 13-1-20, 13-1-21, 13-1-22 or 13-1-23, venue is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense.
Ala. Code § 15-5-9 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-9
Section 15-5-9 Authority of Serving Officer to Break into House
Status: in_force

To execute a search warrant, an officer may break open any door or window of a house, any part of a house or anything therein if after notice of his authority and purpose he is refused admittance.
Ala. Code § 15-25-6 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-6
Section 15-25-6 Actions to Minimize Length of Proceedings Stressful to Victim or Witness
Status: in_force

In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, where the victim or a witness to the offense is a child or a protected person, the court and the prosecuting attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child or the protected person must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child or protected person.
Ala. Code § 15-27-5 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-5
Section 15-27-5 Objections; Hearing; Ruling
Status: in_force

(a)(1) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 30 days from the filing of the objection. The court shall notify the prosecuting authority, the victim, and the petitioner of the hearing date.

(2) If no objection to the petition is filed by the prosecuting authority or victim, the court having jurisdiction over the matter may set the matter for a hearing.

(b) In making its determination, the court shall consider all of the following factors:

(1) Nature and seriousness of the offense committed.

(2) Circumstances under which the offense occurred.

(3) Date of the offense.

(4) Age of the person when the offense was committed.

(5) Whether the offense was an isolated or repeated incident.

(6) Other conditions that may have contributed to the offense.

(7) An available probation or parole record, report, or recommendation.

(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and whether the petitioner pleaded guilty to another related or lesser offense.

(9) Evidence of rehabilitation, including good conduct in prison or jail or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community.

(10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner’s records.

(c) A hearing under subsection (a) shall be conducted in a manner prescribed by the trial judge and shall include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. The Alabama Rules of Evidence shall apply to the hearing. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.

(d) There is no right to the expungement of any criminal record, and any request for expungement of a criminal record may be denied at the sole discretion of the court.

(e) The court shall grant the petition if the court is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter. The court shall have discretion over the number of cases that may be expunged pursuant to this chapter after the first case is expunged.

(f) The ruling of the court shall be subject to appeal and may not be reversed absent a showing of an abuse of discretion.
Ala. Code § 15-23-18 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-18
Section 15-23-18 Penalties - Influence Peddling
Status: in_force

(a) Any person who confers, offers, or agrees to confer anything of value upon a member, agent or employee of the Alabama Crime Victims Compensation Commission with the intent that such member’s or agent’s or employee’s vote, opinion, judgment or exercise of discretion or other action in such member’s or agent’s or employee’s official capacity will thereby be influenced shall be guilty of a Class B felony.

(b) Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall solicit, accept, or agree to solicit or accept anything of value upon an agreement or understanding that such member’s or agent’s or employee’s vote, opinion, judgment or exercise of discretion or other action as such member, agent, or employee will thereby be influenced shall be guilty of a Class B felony.

(c) It shall not be a defense to a prosecution under this section that the member, agent or employee sought to be influenced was not qualified to act in the desired way because of a lack of jurisdiction or for any other reason.
Ala. Code § 15-20A-46 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-46
Section 15-20A-46 Disposition of Funds
Status: in_force

(a) The two hundred dollar ($200) filing fee paid by a sex offender who petitions the court for relief pursuant to Sections 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, or 15-20A-34 shall be distributed as follows:

(1) Fifty dollars ($50) to the Circuit Clerk’s Restitution Recovery Fund.

(2) Fifty dollars ($50) to the sheriff of the county subject to the following:

a. Any and all monies collected under this subdivision 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.

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

(4) Fifty dollars ($50) to Alabama Network of Children’s Advocacy Centers.

(b) The filing fee shall not be remitted.
Ala. Code § 15-13-139 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-139
Section 15-13-139 Remission After Final Judgment of Forfeiture
Status: in_force

In forfeiture cases where the sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture has been made final or absolute and there is no further litigation pending on the forfeiture, and the surety locates the defendant and causes the return of the defendant to the custody of the court where the bond was forfeited, and if the defendant was substantially procured by actions of the surety, and the administration of justice has not been thwarted nor the successful prosecution of the defendant has been affected, then the court that ordered the forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to this article and within a period of one year from the date of issuance of any final forfeiture judgment, to consider any costs to the state or its subdivisions which resulted as a cause of the default, if any, and upon giving consideration thereto, may, in the court’s discretion, remit the whole of the penalty of the bail, or undertaking, or any portion thereof, which is in excess of any costs to the state or its subdivisions, and render a new final judgment against the sureties appearing upon the bail bond or undertaking. In forfeiture cases, if the judgment has been paid into the State Treasury or a municipal treasury, the court may issue an order to the custodian of the treasury to make a refund to the sureties.
Ala. Code § 15-23-69 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-69
Section 15-23-69 Testimony Concerning Information About Victim; Information About Victim in Court File
Status: in_force

(a) Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor may petition the court to direct that the victim or any other witness not be compelled to testify during pre-trial proceedings or to any trial, facts that could divulge the identity, residence, or place of employment of the victim, or other related information without consent of the victim unless necessary to the prosecution of the criminal proceeding. If the court schedules a hearing on the merits of the petition, it shall be held in camera.

(b) The address, phone number, place of employment, and other related information about the victim contained in the court file shall not be public record.
Ala. Code § 15-18-6 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-6
Section 15-18-6 Credit Towards Sentence for Time Spent Incarcerated - Time Between Recapture and Return to Penal System for Recaptured Escapees
Status: in_force

An escapee from a state penal institution who is recaptured and returned to custody shall be credited with all of his actual time spent incarcerated within the State of Alabama prior to his transfer and return to the custody of Board of Corrections (penal system). The actual time spent incarcerated pending return to custody of the Board of Corrections (penal system) shall be certified by the sheriff on forms to be prescribed by the Board of Corrections.
Ala. Code § 15-18-181 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-181
Section 15-18-181 Administrative Costs; Uniform Accounting System; Reports and Records Audited Annually
Status: in_force

(a) Administrative costs connected with the expenditures of community punishment and corrections funds under this article shall not exceed a percentage amount established by the commissioner.

(b) The Chief Examiner of the Department of Examiners of Public Accounts is directed to develop a uniform accounting system conforming to generally accepted accounting principles. Such uniform accounting system shall be subject to the approval of the State Chief Examiner of Public Accounts. Community punishment and corrections programs shall establish and maintain the uniform accounting system.

(c)(1) The annual reports and all records of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts or the Department of Corrections, or both. The audit may be performed by a licensed independent certified public accountant approved by the Chief Examiner of the Department of Public Accounts. The cost of any such audit shall be paid by the contracting entity.

(2) All audits shall be completed as soon as practicable after the end of the fiscal year of the board. One copy of each audit shall be furnished to the board, if established, the Department of Corrections and the Chief Examiner of the Department of Public Accounts. Copies of each audit shall also be made available to the press.
Ala. Code § 15-1-1 — Alabama Code / Title 15 / Chapter 1 / Section 15-1-1
Section 15-1-1 Effect of Rules of Supreme Court of Alabama
Status: in_force

Any provisions of this title regulating procedure shall apply only if the procedural subject matter is not governed by rules of practice and procedure adopted by the Supreme Court of Alabama.
Ala. Code § 15-13-26 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-26
Section 15-13-26 When New Undertaking May Be Required
Status: in_force

The court before which any defendant is bound to appear may require him to enter into a new undertaking when it appears to the court that the original undertaking was insufficient when entered into or has since become insufficient from any cause whatever.
Ala. Code § 15-16-68 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-68
Section 15-16-68 Court-Imposed Conditions for Release
Status: in_force

The conditions that the court may impose upon release, if necessary and appropriate, include, the following:

(1) That the defendant take medication as prescribed by doctors in the department or in a regional or community mental health facility, or by some other doctor whose care the defendant is in;

(2) That the defendant submit to treatment and accept care from a duly authorized outpatient facility such as a regional or community mental health facility;

(3) That the defendant submit to mental or medical evaluation or testing as prescribed by the department, by a regional or community mental health facility, or by other appropriate person or facility;

(4) That the defendant submit to periodic or random drug testing designed to ensure that he is taking any prescribed drugs and avoiding any prescribed drugs including alcohol;

(5) That the defendant avoid specified activities, persons, or places that may be detrimental to his condition;

(6) Any other appropriate condition that is necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or to others while he is at large.
Ala. Code § 15-20A-43 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-43
Section 15-20A-43 Registration and Notification Requirements Mandatory
Status: in_force

(a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect.

(b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met:

(1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim.

(2) At the time of the commission of the sex offense, the victim was 13 years of age or older.

(3) The sex offense did not involve force and was only a crime due to the age of the victim.
Ala. Code § 15-16-43 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-43
Section 15-16-43 Commitment of Defendant Upon Finding of Mental Illness
Status: in_force

(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to another public facility as the court may order.

(2) If the court does not make a finding that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, then the defendant shall be released from custody.

(b) In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
Ala. Code § 15-23-8 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-8
Section 15-23-8 Compensation for Economic Loss Resulting from Criminal Conduct - Authorized; Procedure
Status: in_force

(a) The commission may award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.

(b) The commission shall hear and determine all matters relating to claims for compensation, and shall have the power to reinvestigate or reopen claims without regard to statutes of limitation.

(c) The commission shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence.
Ala. Code § 15-20-20 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-20
Section 15-20-20 Title of Article
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-18-141 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-141
Section 15-18-141 Legislative Findings, Etc
Status: in_force

The Legislature hereby finds, determines and declares that the right of crime victims to restitution is and ought to be intimately affected with the public interest.

The Legislature further hereby finds, determines, and declares that convicted criminals should be required to fully compensate the victims of their unlawful activity, and to that end, our judicial system should be empowered to strictly enforce judicial decrees or orders which require convicted criminals to pay restitution.

The Legislature further finds, determines, and declares that among such judicial powers should be the power of a court to order the withholding of a convicted criminal’s income, or the attachment of such criminal’s assets or a portion thereof for the purpose of satisfying such restitution orders.

Further, the Legislature finds, determines, and declares that the strict enforcement of restitution orders will and ought to serve as a real and meaningful deterrent to crime.

The provisions of this article are to be construed so as to accomplish these purposes and to promote the same which is hereby declared to be the public policy of this state.
Ala. Code § 15-2-20 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-20
Section 15-2-20 Application; Appeal from Denial; When Defendant’s Personal Presence Unnecessary
Status: in_force

(a) Any person charged with an indictable offense may have his trial removed to another county, on making application to the court, setting forth specifically the reasons why he cannot have a fair and impartial trial in the county in which the indictment is found. The application must be sworn to by him and must be made as early as practicable before the trial, or it may be made after conviction upon a new trial being granted.

(b) The refusal of such application may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment on the application as it may deem right without any presumption in favor of the judgment or ruling of the lower court on such application.

(c) If the defendant is in confinement, the application may be heard and determined without the personal presence of the defendant in court.
Ala. Code § 15-22-36 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-36
Section 15-22-36 Authority to Grant Pardons and Paroles, Remit Fines and Forfeitures, Etc.; Notice of Board Action
Status: in_force

(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines and forfeitures.

(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.

(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried the case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.

(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days’ notice that the prisoner is being considered has been given by the board to the Attorney General, the judge who presided over the case, the district attorney who tried the subject’s case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff, and one of the judges of the circuit in which the subject was convicted. The board also shall be required to provide the same notice to the Crime Victims Compensation Commission.

(e)(1) If a victim, victim’s representative, or any other interested individual has provided a preferred method of communication to the board, at least 45 days prior to the board’s actions, the board may not approve or order a parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave, or early release of a prisoner, unless a 30 days’ written notice of the board’s action to be considered has been provided to the victim named in the indictment, the victim’s representative, or any other interested individuals.

(2) To foster notification, the victim, victim’s representative, or other interested individuals should have a preferred mode or modes of notification on file with the board, submitted through the automated victim notification system or by direct request to the board or another authorized individual.

(3) If the victim, victim’s representative, or other interested individual has not been registered for notice through the automated victim notification system or otherwise made a direct request to the board for notice or to another authorized individual, if the victim’s information has not been updated, or particular modes of notification have not been requested at least 45 days in advance of the board’s action to be considered, the board, working with the appropriate district attorney and the Attorney General’s Office, shall exercise due diligence in locating the victim or the victim’s immediate family members. If all attempts to locate a victim or his or her immediate family members have failed, and the agent of the board certifies that due diligence has been exercised, the board shall not be limited in power or authority in any way to approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave, or early release of a prisoner.

(4) The notice shall be given by U.S. certified mail, return receipt requested, U.S. mail, electronic transmission, or by other commonly accepted method of delivery, upon a request made through the automated victim notification system or otherwise upon direct request made to the board or other authorized individual 45 days or more in advance of the board’s action to be considered and shall include:

a. The name of the prisoner or defendant involved.

b. The crime for which the prisoner or defendant was convicted.

c. The date of the sentence.

d. The court in which the conviction occurred.

e. The sentence imposed.

f. The actual time the prisoner has been held in confinement and the prisoner’s minimum release date, as computed by the Department of Corrections.

g. The action to be considered by the board.

h. The date, time, and location of the board meeting at which the action is to be considered.

i. The right of the victim named in the indictment, a victim’s representative, or if the victim is deceased as a result of the offense, the victim’s immediate family, as defined by the board’s operating rules, or, in the event there is no immediate family, a relative of a victim, if any, to present his or her views to the board in person or in writing.

Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.

(5) If a victim, victim’s representative, or otherwise interested individual requests not to be notified, the request shall be made to the Board of Pardons and Paroles in writing or by electronic signature. Confirmation of a request to not be notified shall be provided to the victim so requesting. After a request is received, the board shall provide no further notifications, unless the victim, victim’s representative, and otherwise interested individual subsequently requests future notifications, at least 45 days in advance of the board’s action to be considered through the automated victim notification system or by contacting the board or other authorized individual in writing, in person, or by telephone.

(6) After the most recent victim information has been furnished to the board, pursuant to Section 12-17-184(9), the probation and parole officer assigned to prepare a pre-sentence or post-sentence investigation report shall at that time register the most recent information for the victim named in the indictment into the automated victim notification system. In case of a homicide, the information of immediate family members shall be entered into the automated victim notification system. If a surviving victim is a minor, information for parents or guardians shall be entered into the automated victim notification system. The probation and parole officer assigned to prepare a pre-sentence or post-sentence investigation report shall then report to the sentencing court that all most current victim information has been registered. The sentencing court shall then record into the case record that the victim information has been entered into the automated victim notification system.

(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who timely requested notice, pursuant to this section as to the action taken by the board and the conditions, if any, of any such parole or pardon via electronic notification through the automated victim notification system and posting publicly on a state agency website.

(g) Electronic notices as required by this section, Section 14-14-5, Section 15-22-23, Section 15-22-36.2, Section 15-22-36.3, and Section 15-22-26.2 shall be produced through the automated notification system developed and maintained by the Alabama State Law Enforcement Agency. All data and records required to produce the notices shall be provided to the Alabama State Law Enforcement Agency to be incorporated into the automated notification system. Board records and information accessible to the public through the automated notification system shall be limited to those notification items specified in subdivision (4) of subsection (e), as well as the offender’s age, sex, race, and unique identifiers. Records concerning the status of supervised offenders on probation and parole shall also be made available to the public, including information on when supervision began, the date the supervision term will end, and information on whether or how supervision was terminated. Otherwise, access to board records and information through the automated notification system shall be limited in use to the legitimate law enforcement purpose of entering and updating contact information on behalf of crime victims, assisting victims with registration, and ensuring victims receive notice. Information and records of the board accessible for law enforcement purposes through the automated notification system, in addition to that available to the public as specified above, shall be limited to the offender’s date of birth, the supervising officer’s name, the county of residence for those offenders currently supervised in Alabama, and the supervising officer’s phone number. Misuse of the automated notification system or records or information contained in the automated notification system shall be subject to criminal prosecution under Article 5A of Chapter 8 of Title 13A, as well as Section 41-9-601, Section 41-9-602, and any other law of this state.
Ala. Code § 15-21-2 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-2
Section 15-21-2 Persons Entitled to Prosecute Writ - Persons Confined for Failure to Enter into Undertaking to Keep the Peace
Status: in_force

Any person confined in jail for failing to enter into an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this chapter; but such writ can be heard only by a judge of the circuit court, who may discharge the applicant, remand him to jail or reduce the amount of the undertaking as may seem right. If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon the entering into the undertaking in the sum fixed by such judge.
Ala. Code § 15-6-61 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-61
Section 15-6-61 Forfeiture; Remittance of Amount Specified
Status: in_force

(a) An undertaking to keep the peace is forfeited by the commission by the defendant of any offense upon the person or property of another, which may be ascertained by a jury, without the conviction of the defendant therefor, in the circuit court on 10 days’ notice to the parties against whom the forfeiture is sought.

(b) On a forfeiture of an undertaking to keep the peace, the court may remit any portion of the amount specified therein, according to the circumstances of the case.
Ala. Code § 15-2-6 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-6
Section 15-2-6 Venue - Offense Committed in More Than One County
Status: in_force

When an offense is committed partly in one county and partly in another or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, venue is in either county.
Ala. Code § 15-20A-40 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-40
Section 15-20A-40 Public Records - Certified Copies of Adjudication or Conviction
Status: in_force

(a) It is the intent of the Legislature that a duplicate of a certified copy of a public record be admissible and is not dependent on the original custodian of record to gain admissibility. Further, the Legislature finds that the certification by the clerk of the court and the certification by the Alabama State Law Enforcement Agency assures reliability and trustworthiness.

(b) The clerk of the court shall forward a certified copy of a sex offender’s adjudication or conviction to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication or conviction of any of the offenses listed in Section 15-20A-5.

(c) Any state, county, or municipal law enforcement agency, the Attorney General, or a district attorney may request a duplicate of the sex offender’s adjudication or conviction from the Alabama State Law Enforcement Agency.

(d) Upon the request of any of the agencies listed in subsection (c), the custodian of records, or its designee, of the Alabama State Law Enforcement Agency shall immediately certify all of the following:

(1) That the Alabama State Law Enforcement Agency received the certified copy of the sex offender’s conviction or adjudication from the clerk of the court pursuant to subsection (b).

(2) That the original certified copy received from the clerk of the court remains in the possession of the Alabama State Law Enforcement Agency.

(3) That no changes or alterations have been made to the original certified copy.

(e) Upon certification by the Alabama State Law Enforcement Agency, as provided in subsection (d), the Alabama State Law Enforcement Agency shall immediately forward the certified documents to the requesting agency.

(f) Notwithstanding any other law or rule of evidence, a certified copy of the record of adjudication or conviction as defined in subsection (b), provided by the Alabama State Law Enforcement Agency, as provided in subsection (d), shall be proof of the sex offender’s adjudication or conviction of a sex offense and shall be admissible into evidence, without further proof, in any court in this state.

(g) For the purpose of this section, the term conviction or adjudication shall mean a final conviction or adjudication, regardless of whether the conviction or adjudication is on appeal.

(h) Any clerk of a court, who willfully or intentionally fails to report any such conviction or adjudication in his or her court shall be guilty of a Class A misdemeanor.
Ala. Code § 15-15-1 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-1
Section 15-15-1 Entry of Not Guilty Plea for Defendant Upon Refusal to Plead
Status: in_force

If a defendant, when arraigned, refuses or neglects to plead or stands mute, the court must cause the plea of not guilty to be entered for him.
Ala. Code § 15-18-177 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-177
Section 15-18-177 Drafting of Plan
Status: in_force

The proposed community punishment and corrections plan may be drafted by an authority established under this article, or in lieu of the establishment of an authority, a county or another qualifying nonprofit entity as described in subsection (b) of Section 15-18-178.
Ala. Code § 15-6-41 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-41
Section 15-6-41 Return on Appeal; Contempt for Failure
Status: in_force

Any undertaking given under any provision of this chapter must be returned by the judge taking the same to the clerk of the court to which an appeal is taken, within 10 days after taking it; and, failing to do so, he may be attached for contempt.
Ala. Code § 15-10-73 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-73
Section 15-10-73 Application for Guard in Removal of Prisoner; Endorsement by Court If Application Granted; Guards for Prisoners Charged with Misdemeanors
Status: in_force

Whenever a sheriff makes application for the employment of a guard in the removal of a prisoner from another county, such application must be in writing and briefly set forth the facts necessitating the employment of a guard, which shall be verified by oath and filed in the district court of the county to which such removal is made. The district court making the order of removal, if it grants the application for a guard, shall endorse thereon that it has investigated the facts and believes a guard to be necessary. No guard shall be obtained for the removal of a prisoner charged with a misdemeanor, except upon the order of the Governor or a circuit judge in cases when it is necessary to protect the prisoner from violence.
Ala. Code § 15-15-2 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-2
Section 15-15-2 Judgment May Be Pleaded Without Averring Jurisdictional Facts
Status: in_force

In pleading a judgment or other judicial proceeding or determination of any court or officer, such judgment, proceeding or determination may be alleged to have been duly made or rendered without stating the facts conferring jurisdiction; but the facts necessary to show jurisdiction must be proved on the trial.
Ala. Code § 15-9-84 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-84
Section 15-9-84 Time Within Which Indictment, Etc., to Be Brought to Trial; Continuances; Failure to Bring Indictment, Etc., to Trial Within Specified Time
Status: in_force

Within 90 days after the receipt of the request and certificate by the court and district attorney or within such additional time as the court for good cause shown in open court may grant, the prisoner or his counsel being present, the indictment, information or complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the attorney of record and opportunity for him to be heard. If, after such a request, the indictment, information or complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information or complaint be of any further force or effect, and the court shall dismiss it with prejudice.
Ala. Code § 15-18-73 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-73
Section 15-18-73 Restitution by Corporation, Partnership, Etc.; Default as Forfeiture of Right to Do Business
Status: in_force

When an order of restitution is imposed upon a defendant which is a corporation, unincorporated association, partnership or other business entity, it shall be the duty of the person or persons authorized to make disbursements from the assets of such defendant to make restitution from those assets and a failure to do so by such person or persons may be held to be in contempt of court unless a showing be made to the contrary as pursuant to the provisions of Section 15-18-72.

Any corporation, unincorporated association, or other business entity which fails to make restitution as ordered by the court shall forfeit its rights to do business within the State of Alabama and its charter or other legal grant of the right to do such business may be dissolved by the court.
Ala. Code § 15-23-79 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-79
Section 15-23-79 Submission of Victim’s Statement into Prisoner’s Records
Status: in_force

(a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner’s Department of Corrections records. The statement shall be considered during any review for community status of the prisoner or prior to release of the prisoner.

(b) The victim shall have the right to be notified by the Board of Pardons and Paroles and allowed to be present and heard at a hearing when parole or pardon is considered pursuant to Section 15-22-36 et seq.
Ala. Code § 15-10-13 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-13
Section 15-10-13 When Arrest Warrant Endorsed by Judge or Magistrate; Liability of Judge or Magistrate on Endorsement
Status: reserved

Repealed by Act 2006-547, p. 1264, §2, effective July 1, 2006.
Ala. Code § 15-9-30 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-30
Section 15-9-30 Duty of Governor to Have Arrested and Deliver Foreign Fugitive
Status: in_force

Subject to the qualifications of this division, the controlling provisions of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime who has fled from justice and is found in this state.
Ala. Code § 15-22-51 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-51
Section 15-22-51 Investigation by Probation Officer
Status: in_force

(a)(1) When directed by the court, a probation officer or specialist shall conduct an investigation, using a validated risk and needs assessment as defined in Section 12-25-32, and provide a written report to the court containing all of the following information:

a. The circumstances of the offense.

b. The defendant’s criminal record.

c. The defendant’s social history.

d. The defendant’s present condition.

e. If practicable, a physical and mental examination of the defendant.

(2) No defendant, unless otherwise directed by the court, shall be placed on probation or released under suspension of sentence until the report of investigation, as required in subdivision (1), is presented to and considered by the court.

(3)a. After conviction, the court may continue the case for any amount of time reasonably necessary to enable the probation officer or specialist to conduct the investigation and generate the written report of investigation.

b. If a defendant was on bond prior to the trial and an application for probation was made to the court, the judge may suspend the execution of the sentence pending the disposition of the application for probation and may allow the defendant to remain under the same bond or the judge may raise or lower the bond.

(b) If the defendant is sentenced to the custody of the Department of Corrections, a copy of the report of investigation shall be provided to the department when the department takes custody of the defendant.
Ala. Code § 15-12-46 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-46
Section 15-12-46 Applicability of Article to Establishment of Appointed Counsel or Contract Counsel Systems, Etc
Status: in_force

Nothing in this article shall be construed to exclude establishment of appointed counsel or contract counsel systems parallel to a public defender system or to preclude judges from appointing counsel for indigent defendants where there is a conflict of interest involving the public defender or if the public defender is unable to provide prompt and adequate representation, and the indigent defense systems chosen do not provide any other alternative.
Ala. Code § 15-20-36 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-36
Section 15-20-36 Name Change of Offender
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-18-8 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-8
Section 15-18-8 Terms of Confinement, Etc.; Probation
Status: in_force

(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that is a Class A or Class B felony offense, and receives a sentence of 30 years or less, the judge presiding over the case may order:

(1) In cases where the defendant is convicted of a Class A, Class B, Class C, or Class D felony and the imposed sentence is not more than 15 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.

(2) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 15 years but not more than 20 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period of three to five years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.

(3) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 20 years but not more than 30 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a minimum period of 10 years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court. The minimum period of confinement provided by this subdivision may not be served in a county jail. Notwithstanding subsection (c), the court shall not suspend or alter the minimum period of confinement ordered.

(b) Probation may not be granted for a sex offense involving a child as defined in Section 15-20A-4 that is a Class A or Class B felony. Otherwise, probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.

(c) Regardless of whether the defendant has begun serving the minimum period of confinement ordered under subsection (a) or (h), the court shall retain jurisdiction and authority to suspend that portion of the minimum sentence that remains and place the defendant on probation, notwithstanding any provision of the law to the contrary, and the court may revoke or modify any condition of probation or may change the period of probation.

(d) While incarcerated or on probation and among the conditions thereof, the defendant may be required to do any of the following:

(1) Pay a fine in one or several sums.

(2) Make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had.

(3) Provide for the support of any persons for whose support he or she is legally responsible.

(4) Complete an accountability court, including, but not limited to, a drug court, veterans court, mental health court, or theft court.

(e) Except as otherwise provided pursuant to Section 15-18-64, the defendant’s liability for any fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.

(f) During any term of probation, the defendant shall report to the probation authorities at a time and place as directed by the judge imposing the sentence.

(g) No defendant serving a minimum period of confinement ordered under subsection (a) or (h) shall be entitled to parole or to deductions from his or her sentence under the Alabama Correctional Incentive Time Act, during the minimum period of confinement so ordered; provided, however, that this subsection shall not be construed to prohibit application of the Alabama Correctional Incentive Time Act to any period of confinement which may be required after the defendant has served the minimum period.

(h) When a defendant is convicted of a misdemeanor or convicted of a municipal ordinance, the judge presiding over the case may impose a sentence in accordance with Section 13A-5-7. The court may order a portion of the sentence to be suspended and the defendant be placed on probation for a period not exceeding two years.

(i) Nothing in this section shall be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.
Ala. Code § 15-18-82.1 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-82.1
Section 15-18-82.1 Methods of Execution; Election of Method; Constitutionality
Status: in_force

(a) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution or nitrogen hypoxia. The sentence shall be executed pursuant to Section 15-18-82.

(b) A person convicted and sentenced to death for a capital crime at any time shall have one opportunity to elect that his or her death sentence be executed by electrocution or nitrogen hypoxia.

(1) The election for death by electrocution is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death or, if a certificate of judgment is issued before July 1, 2002, the election must be made and delivered to the warden within 30 days after July 1, 2002. If a warrant of execution is pending on July 1, 2002, or if a warrant is issued within 30 days after July 1, 2002, the person sentenced to death who is the subject of the warrant shall waive election of electrocution as the method of execution unless a written election signed by the person is submitted to the warden of the correctional facility no later than 48 hours after a new date for execution of the death sentence is set.

(2) The election for death by nitrogen hypoxia is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death. If a certificate of judgment is issued before June 1, 2018, the election must be made and delivered to the warden within 30 days of that date. If a warrant of execution is pending on June 1, 2018, or if a warrant is issued within 30 days of that date, the person who is the subject of the warrant shall waive election of nitrogen hypoxia as the method of execution unless a written election signed by the person is submitted to the warden of the correctional facility not later than 48 hours after June 1, 2018, or after the warrant is issued, whichever is later.

(c) If electrocution, nitrogen hypoxia, and lethal injection are all held to be unconstitutional by the Alabama Supreme Court under the Constitution of Alabama of 1901, or held to be unconstitutional by the United States Supreme Court under the United States Constitution, or if the United States Supreme Court declines to review any judgment holding a method of execution to be unconstitutional under the United States Constitution made by the Alabama Supreme Court or the United States Court of Appeals that has jurisdiction over Alabama, then all persons sentenced to death shall be executed by any constitutional method of execution based on the sole discretion of the Commissioner of the Department of Corrections.

(d) The provisions of the opinion and all points of law decided by the United States Supreme Court in Malloy v. South Carolina, 237 U.S. 180 (1915), finding that the Ex Post Facto Clause of the United States Constitution is not violated by a legislatively enacted change in the method of execution for a sentence of death validly imposed for previously committed capital murders, are adopted by the Legislature as the law of this state.

(e) A change in the method of execution shall not increase the punishment or modify the penalty of death for capital murder. Any legislative change to the method of execution for the crime of capital murder shall not violate Section 22 of Article I of the Constitution of Alabama of 1901.

(f) Notwithstanding any law to the contrary, a person authorized by state law to prescribe medication and designated by the Department of Corrections may prescribe the drug or drugs necessary to compound a lethal injection. Notwithstanding any law to the contrary, a person authorized by state law to prepare, compound, or dispense medication and designated by the Department of Corrections may prepare, compound, or dispense a lethal injection. For purposes of this section, prescription, preparation, compounding, dispensing, and administration of a lethal injection shall not constitute the practice of medicine, nursing, or pharmacy. Notwithstanding any law to the contrary, a person designated by the Department of Corrections to participate in an execution in any capacity shall be exempt from criminal liability for necessary actions taken to carry out the execution.

(g) The policies and procedures of the Department of Corrections for execution of persons sentenced to death shall be exempt from the Alabama Administrative Procedure Act, Chapter 22 of Title 41.

(h) No sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the Constitution of Alabama of 1901, or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.

(i) An election for a choice of a method of execution made by a convict shall at no time supersede the means of execution available to the Department of Corrections.

(j) Nothing contained in this section is intended to require any physician, nurse, pharmacist, or employee of the Department of Corrections or any other person to assist in any aspect of an execution which is contrary to the person’s moral or ethical beliefs.
Ala. Code § 15-13-124 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-124
Section 15-13-124 Bondsman’s Process
Status: in_force

A bondsman’s process is that document which is issued by the clerk of the court that has jurisdiction over the defendant and sureties for the arrest of the defendant.
Ala. Code § 15-23-102 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-102
Section 15-23-102 Order to Submit to Testing; Designation of Attending Physician; Additional Testing; Access to Results; Post-Test Counseling
Status: in_force

(a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity by force or threat of force and the transmission of body fluids was involved.

(2) If a warrant, information, or indictment has been issued and the defendant is in custody or has been served with the warrant, information, or indictment, the test shall be performed within 48 hours of service of the court order requiring the defendant to submit to testing.

(b) When a test is ordered under Section 15-23-101, the victim of the crime or a parent or guardian of the minor victim shall designate an attending physician who has agreed in advance to accept the victim as a patient to receive information on behalf of the victim.

(c) If any sexually transmitted disease test results in a negative reaction, the court shall order the person to submit to any follow-up tests at the intervals and in the manner as shall be determined by the State Board of Health.

(d) The result of any test ordered under this section is not a public record and shall be available only to the following:

(1) The victim.

(2) The parent or guardian of the minor victim.

(3) The attending physician of the victim.

(4) The person tested.

(e) If any sexually transmitted disease test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling. Counseling and referral for appropriate health care, testing, and support services as directed by the State Health Officer shall be provided to the victim at the request of the victim or the parent or guardian of the minor victim.
Ala. Code § 15-11-10 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-10
Section 15-11-10 When Defendant Committed to Bail or Jail; Form of Commitment
Status: in_force

(a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if the offense is not bailable, he must be committed to jail by an order in writing.

(b) The form of commitment may be in substance as follows: “The State of Alabama, _____ County. To the jailer of _____ County:

On the examination of A. B., charged with the offense of murder (or other offense, as the case may be, describing it by name, or so that it may be clearly inferred), it appearing that such offense has been committed and that there is sufficient cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him into your custody and to detain him until he is legally discharged.

Dated this ____ day of _____, 20__
Ala. Code § 15-8-29 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-29
Section 15-8-29 General Allegation of Intent to Injure or Defraud
Status: in_force

When an intent to injure or defraud is necessary to constitute an offense, it is sufficient to allege in an indictment an intent to injure or defraud generally, without naming the particular person, corporation or government intended to be injured or defrauded.
Ala. Code § 15-26-6 — Alabama Code / Title 15 / Chapter 26 / Section 15-26-6
Section 15-26-6 Location of Television Monitors
Status: in_force

For any proceeding which is required to be open to the public, television monitors shall be situated in the courtroom and at the place of incarceration to ensure the public, the court, and the defendant a clear view of the proceedings.
Ala. Code § 15-20A-20 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-20
Section 15-20A-20 Adult Sex Offender - Electronic Monitoring
Status: in_force

(a) The Alabama State Law Enforcement Agency shall implement a system of active and passive electronic monitoring that identifies the location of a monitored person and that can produce upon request reports or records of the person’s presence near or within a crime scene or prohibited area, the person’s departure from specified geographic limitations, or curfew violations by the offender. The Director of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement and administer this system of active electronic monitoring including establishing policies and procedures to notify the person’s probation and parole officer or other court-appointed supervising authority when a violation of his or her electronic monitoring restrictions has occurred.

(b) The Board of Pardons and Paroles or a court may require, as a condition of release on parole, probation, community corrections, court referral officer supervision, pretrial release, or any other community-based punishment option, that any person charged or convicted of a sex offense be subject to electronic monitoring as provided in subsection (a).

(c) Any person designated a sexually violent predator pursuant to Section 15-20A-19, upon release from incarceration, shall be subject to electronic monitoring supervised by the Board of Pardons and Paroles, as provided in subsection (a), 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 sentence of the sexually violent predator in accordance with subsection (c) of Section 13A-5-6.

(d) Any person convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4, upon release from incarceration, shall be subject to electronic monitoring supervised by the Board of Pardons and Paroles, as provided in subsection (a), for a period of no less than 10 years from the date of the sex offender’s release. This requirement shall be imposed by the sentencing court as a part of the sex offender’s sentence in accordance with subsection (c) of Section 13A-5-6.

(e) Anyone subject to electronic monitoring pursuant to this section, unless he or she is indigent, shall be required to reimburse the supervising entity a reasonable fee to defray supervision costs. The Board of Pardons and Paroles, the sentencing court, or other supervising entity shall determine the amount to be paid based on the financial means and ability to pay of the person, but such amount shall not exceed fifteen dollars ($15) per day.

(f) The supervising entity shall pay the Alabama State Law Enforcement Agency a fee, to be determined by the center, but not exceeding ten dollars ($10) per day, to defray monitoring equipment and telecommunications costs.

(g) It shall constitute a Class C felony for any person to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this section.

(h) The procurement of any product or services necessary for compliance with Act 2005-301, including any system of electronic monitoring, any equipment, and the building of a website, shall be subject to the competitive bid process.
Ala. Code § 15-13-43 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-43
Section 15-13-43 Deposit of Federal or State Bonds in Lieu of Cash; Sale of Bonds
Status: in_force

In lieu of a deposit of money, a defendant may deposit negotiable bonds of the United States or of the State of Alabama of the face value of the cash deposit required. Such bonds shall be treated in the same manner as a deposit of money, except that the clerk shall, under order of the court, when occasion arises therefor, sell the said bonds and apply the proceeds of such sale in the manner that a deposit of cash may be required to be applied.
Ala. Code § 15-20-28 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-28
Section 15-20-28 Juvenile Criminal Sex Offender - Risk Assessment; Notification
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-20A-11 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-11
Section 15-20A-11 Adult Sex Offender - Prohibited Residence Locations, Etc
Status: in_force

(a) No adult sex offender shall establish a residence or maintain a residence after release or conviction within 2,000 feet of the property on which any school, childcare facility, or resident camp facility is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24. For the purposes of this section, a resident camp facility includes any place, area, parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping owned by a business, church, or nonprofit organization used primarily for educational, recreational, or religious purposes for minors and the location of the resident camp has been provided to local law enforcement. Resident camp does not include a private residence, farm, or hunting or fishing camp.

(b) No adult sex offender shall establish a residence or maintain a residence after release or conviction within 2,000 feet of the property on which his or her former victim, or an immediate family member of the victim, resides unless otherwise exempted pursuant to Section 15-20A-24 or Section 15-20A-16.

(c) Changes to property within 2,000 feet of a registered address of an adult sex offender which occur after the adult sex offender establishes residency shall not form the basis for finding that the adult sex offender is in violation of this section unless the sex offender has been released or convicted of a new offense after establishing residency.

(d) No adult sex offender shall reside or conduct an overnight visit with a minor. Notwithstanding the foregoing, an adult sex offender may reside with a minor if the adult sex offender is the parent, grandparent, stepparent, sibling, or stepsibling of the minor, unless one of the following conditions applies:

(1) Parental rights of the adult sex offender have been or are in the process of being terminated as provided by law.

(2) The adult sex offender has been convicted of any sex offense in which any of the minor children, grandchildren, stepchildren, siblings, or stepsiblings of the adult sex offender was the victim.

(3) The adult sex offender has been convicted of any sex offense in which a minor was the victim and the minor resided or lived with the adult sex offender at the time of the offense.

(4) The adult sex offender has been convicted of any sex offense involving a child, regardless of whether the adult sex offender was related to or shared a residence with the child victim.

(5) The adult sex offender has been convicted of any sex offense involving forcible compulsion in which the victim was a minor.

(e)(1) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender shall be deemed to have established a residence wherever he or she resides following release, regardless of whether the adult sex offender resided at the same location prior to the time of conviction.

(2) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender has transferred his or her residence for purposes of Section 15-20A-10(e)(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 obtaining a travel notification document pursuant to Section 15-20A-15.

(f) An adult sex offender is exempt from subsections (a) and (b) during the time the adult sex offender is in the facility of a licensed health care provider or is incarcerated in a jail, prison, mental health facility, or any other correctional placement facility wherein the adult sex offender is not allowed unsupervised access to the public.

(g) An adult sex offender shall not be found in violation of subsection (a) on the basis of any address, street number, place, or parcel that has been approved in writing by local law enforcement prior to establishing a residence. Local law enforcement shall promulgate, publicize, and enforce a policy that affords sex offenders a reasonable opportunity to obtain preapproval of a proposed residence.

(h) For the purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest property line to nearest property line.

(i) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-19-2 — Alabama Code / Title 15 / Chapter 19 / Section 15-19-2
Section 15-19-2 Investigations for Court by Probation Officers
Status: in_force

It shall be the duty of all probation officers of the State of Alabama to make such investigations for the court as requested by the court for the purpose of determining whether or not the person shall be charged as a youthful offender.
Ala. Code § 15-22-57 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-57
Section 15-22-57 Promulgation of Regulations and Guidelines
Status: in_force

The Board of Pardons and Paroles shall adopt and promulgate regulations and guidelines to:

(1) Establish a program of limited supervision for probationers who qualify addressing eligibility using validated risk and needs assessments, transfers among levels of supervision, to include the transfer of lower-risk individuals to an administrative form of probation, and reporting requirements;

(2) Develop policies and procedures for screening, assessment, and referral for probationers 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 under the provisions of subsections (f) and (g) of Section 15-22-54 in response to corresponding violations of probation terms or conditions imposed; and

(4) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of probationers.
Ala. Code § 15-18-170 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-170
Section 15-18-170 Short Title
Status: in_force

This article shall be known as the “Alabama Community Punishment and Corrections Act.”
Ala. Code § 15-2-1 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-1
Section 15-2-1 All Persons Liable for Offenses Committed in Alabama; Exception
Status: in_force

Every person, whether an inhabitant of the State of Alabama or of any other state or country, is liable to punishment by the laws of Alabama for an offense committed in the state, except when it is by law exclusively cognizable in the United States courts.
Ala. Code § 15-5-12 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-12
Section 15-5-12 Warrant to Be Executed and Returned Within 10 Days
Status: in_force

A search warrant must be executed and returned to the judge or the magistrate by whom it was issued within 10 days after its date; if not executed after such time, it is void.
Ala. Code § 15-10-4 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-4
Section 15-10-4 Arrest Without Warrant - Duty of Arresting Officer; Authority of Officer to Break and Enter Dwelling House
Status: in_force

When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer has authority to break open an outer or inner door or window of a dwelling house if, after notice of his office and purpose, he is refused admittance.
Ala. Code § 15-27-4 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-4
Section 15-27-4 Administrative Filing Fee; Indigency
Status: in_force

(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of five hundred dollars ($500) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter. The administrative filing fee shall be distributed as follows:

(1) Seventy-five dollars ($75) to the State Judicial Administrative Fund.

(2) Twenty-five dollars ($25) to the Alabama Department of Forensic Sciences.

(3) Fifty dollars ($50) to the district attorney’s office.

(4) Fifty dollars ($50) to the clerk’s office of the circuit court having jurisdiction over the matter, for the use and benefit of the circuit court clerk.

(5) Fifty dollars ($50) to the Public Safety Fund.

(6) Fifty dollars ($50) to the general fund of the county where the arresting law enforcement agency is located if the arrest was made by the sheriff’s office to be used for law enforcement purposes, or, if the arrest was made by another law enforcement agency, to the municipality or other entity or state agency funding the law enforcement activity.

(7) One hundred dollars ($100) to the state General Fund.

(8) Fifty dollars ($50) to the Education Trust Fund.

(9) Fifty dollars ($50) to the Fair Trial Tax Fund.

(b)(1) When a petitioner is seeking the expungement of multiple charges arising from one arrest, the petitioner shall only be required to pay one filing fee pursuant to subsection (a).

(2) When a petitioner is seeking the expungement of multiple charges arising from multiple arrests, the petitioner shall be required to pay a filing fee for each arrest pursuant to subsection (a).

(c) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court shall waive the filing fee provided in subsection (a).

(d) If a petitioner seeks expungement of an arrest or conviction record and the court in the original case made a clear and unequivocal judicial finding on the record that the arrest had no foundation of probable cause, the court, in the expungement proceeding, shall waive all docket fees and court costs, except for the filling fee in subsection (a).
Ala. Code § 15-4-1 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-1
Section 15-4-1 Duty of Coroner to Take Sworn Statement on Death; Direction to Summon Jury; Service, Compensation, and Oath of Jurors
Status: in_force

(a) When a coroner has been informed that a person has been killed or suddenly died under such circumstances as to afford a reasonable ground for belief that such death has been occasioned by the act of another by unlawful means, he must forthwith make inquiry of the facts and circumstances of such death by taking the sworn statement in writing of the witnesses having personal knowledge thereof and submit the same to a judge of a court of record or a district attorney.

(b) If, upon such preliminary inquiry, the judge or district attorney is satisfied from the evidence that there is reasonable ground for believing that such death has been occasioned by the act of another by unlawful means, he must direct the coroner to forthwith summon a jury of six qualified jurors of the county to appear before him forthwith at a specified place and inquire into the cause of such death; but no person shall be liable to serve as a juror more than one time during any one year, and no person shall be paid compensation for services as a juror on more than one inquest during any one year.

(c) When five or more of the jurors appear, they must be sworn to inquire who the person was and when, where and by what means he came to his death, and to render a true verdict thereon according to the evidence offered them or arising from the inspection of the body.
Ala. Code § 15-8-5 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-5
Section 15-8-5 Construction of Words Used
Status: in_force

The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which must be construed according to their legal meanings.