Ala. Code § 15-13-190 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-190
Section 15-13-190 Procedures Upon Arrest; Conditions of Release or Bail
Status: in_force

(a) A person arrested for 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 a violation of a domestic violence protection order, may not be admitted to bail until after an appearance before a judge or magistrate within 24 hours of the arrest, and if the person is not taken before a judge or magistrate within 24 hours of the arrest, he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules of Criminal Procedure.

(b) The judge or magistrate may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or the person protected by a protection order, and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include, but need not be limited to, the following:

(1) Enjoining the person from threatening to commit or committing acts of domestic violence against the alleged victim.

(2) a. Restraining and enjoining the defendant from contacting the victim.

b. For the purposes of this subsection, contacting includes, but is not limited to, communicating with the victim verbally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person.

(3) Prohibiting the person from possessing a firearm or other weapon specified by the court, except when such weapon is necessary for employment as a peace officer or military personnel.

(4) Issuing any other order or modification of orders required in this section to protect the safety of the alleged victim or to ensure the appearance of the person in court.

(c) If conditions of release are imposed, the judge or magistrate shall issue a written order for conditional release, immediately distribute a copy of the order to the law enforcement agency having custody of the arrested or charged person, place information pertaining to the order in the domestic violence protection order registry, and provide the law enforcement agency with any available information concerning the location of the alleged victim in a manner that protects the safety of the victim. Law enforcement shall provide a copy of the written order to the victim within 24 hours of receipt, provided that the victim provides law enforcement with current and accurate contact information.

(d) In cases in which the defendant has been placed on conditional release or bail pursuant to this section or is in violation of probation from another case and is arrested on a probation violation warrant, a violation of written condition of release pursuant to this section, or a violation of a prior protection order, the court shall consider revocation of probation, conditional release, or bail. Should the court order continue probation, conditional release, or bail, the court shall order additional conditions imposed on the defendant to provide protection to the victim of domestic violence or the person protected by a protection order. Additional conditions shall be included in a written order.

(e) A person who willfully violates a condition of pretrial release provided in this section, when the original arrest was for an act of domestic violence, shall be subject to the penalties provided in Section 13A-6-142, and shall receive an enhanced penalty and additional sentence of imprisonment in accordance with Section 13A-6-142.
Ala. Code § 15-20A-14 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-14
Section 15-20A-14 Adult Sex Offender - Requirements Upon Entering State
Status: in_force

(a) Any adult sex offender who declares he or she is entering the state to establish a residence or who enters this state to establish a residence shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender intends to establish or establishes a residence.

(b) Any adult sex offender who enters this state to accept employment or a volunteer position or to become a student shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender accepts employment or the volunteer position or becomes a student.

(c) Whenever an adult sex offender registers pursuant to this section, he or she shall be subject to the requirements of this chapter.

(d) Within 30 days of initial registration, the adult sex offender shall provide each registering agency with a certified copy of his or her sex offense conviction; however, an adult sex offender shall be exempt from this subsection if the adult sex offender provides adequate documentation that the certified record is no longer available or has been destroyed.

(e) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-18-146 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-146
Section 15-18-146 Employment Income Withholding Order - Service
Status: in_force

(a) A copy of any order issued pursuant to the provisions of this article shall be served by the clerk of the court wherein such order was issued or by another person designated by such court.

(b) A copy of any order issued pursuant to the provisions of this article may be served by certified mail, return receipt requested. When served by certified mail, return receipt requested, the actual cost thereof shall be taxed or assessed against the defendant at the time such order is issued.
Ala. Code § 15-3-2 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-2
Section 15-3-2 Misdemeanors
Status: in_force

Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense.
Ala. Code § 15-23-100 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-100
Section 15-23-100 Definitions
Status: in_force

As used in this article, the following words shall have the following meanings:

(1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the alleged crime.

(2) PARENT OR GUARDIAN OF THE ALLEGED VICTIM. A parent or legal guardian of an alleged victim who is a minor or incapacitated person.

(3) POSITIVE REACTION. A positive test with a positive confirmatory test result as specified by the Department of Public Health.

(4) SEXUALLY TRANSMITTED DISEASE. Those diseases designated by the State Board of Health as sexually transmitted diseases for the purposes of this article.

(5) TRANSMISSION OF BODY FLUIDS. The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially broken skin of the victim.
Ala. Code § 15-13-119 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-119
Section 15-13-119 Surrender of Defendant to His or Her Original Custodians Necessary to Exonerate Bail; When New Bail Is Allowed
Status: in_force

To exonerate the bail, the surrender of the defendant, other than that in Section 15-13-116, shall be made to the original custodian of the county or municipality in which the court is held and to which the defendant is bound to appear, or to which the trial has been removed. If there is no warrant of arrest pending for the defendant’s arrest, then the original approving officer may discharge the defendant on his or her giving new bail in the same amount.
Ala. Code § 15-21-31 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-31
Section 15-21-31 Penalty for Transferring Custody, Etc., so as to Elude Service or Effect of Writ
Status: in_force

Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either before or after the issue of such writ with intent to elude the service or effect thereof, transfers such person to the custody of another, places him under the control of another, conceals him or changes his place of confinement forfeits to the party aggrieved the sum of $500.00 and is also guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50.00 and may also be imprisoned in the county jail not more than 12 months.
Ala. Code § 15-13-81 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-81
Section 15-13-81 Conditional Judgment - Entry; Notice to Defendant; Execution and Return of Notice; Alias Notices
Status: in_force

(a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead of bail, a conditional judgment must be entered by the court in favor of the state against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:

It appearing to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case; and the said A. B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered that the State of Alabama recover of the said A. B., C. D. and E. F. on said undertaking the sum of _____ dollars (the sum specified in the undertaking) unless they appear at the next session of this court and show cause why this judgment should not be made absolute.

(b) Notice of the entry of a judgment set forth in subsection (a) of this section must be issued by the clerk to each defendant, which notice may be in the following form:

of said county, a judgment was entered against you, of which the following is a copy: (setting out the conditional judgment); and the said judgment will be made absolute against you on the _____ day of _____ of said court, during the session of said court, unless you then and there appear and show cause against the same.

(c) The notice required by subsection (b) of this section may be executed by the sheriff of any county in the state and must be returned by the officer executing it, with his proper return thereon endorsed, on or before the day and date fixed or specified in the notice.

(d) If the notice required by subsection (b) of this section is not served on any of the parties to the undertaking, such other notices as are necessary may from time to time be issued; but two returns of “not found” by the proper officer are equivalent to personal service.
Ala. Code § 15-8-26 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-26
Section 15-8-26 Charging of Unknown Facts
Status: in_force

Any fact which is unknown to the grand jury and which is not a material ingredient of the offense may be so charged in the indictment.
Ala. Code § 15-8-130 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-130
Section 15-8-130 Permission of Court Required to Quash, Dismiss, Etc., Indictment
Status: in_force

An indictment must not be quashed, dismissed, discontinued or abandoned without the permission of the court, and such permission must be entered of record.
Ala. Code § 15-27-15 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-15
Section 15-27-15 Applicability - Right to Ship, Transport, Possess, or Receive Firearm
Status: in_force

An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles.
Ala. Code § 15-18-70 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-70
Section 15-18-70 Method of Payment of Restitution; Payment as Condition of Sentence Suspension or Probation
Status: in_force

When a defendant is sentenced or ordered to make restitution, the court may order payment to be made forthwith to be paid to the circuit clerk as other fines and costs are made. The court may also order restitution to be made within a specified period of time or in specified installments to the circuit clerk as a condition of suspension of execution of sentence or as a condition of probation.
Ala. Code § 15-20A-31 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-31
Section 15-20A-31 Juvenile Sex Offender - Employment Restrictions
Status: in_force

(a) During the time a juvenile sex offender is subject to the registration requirements of this chapter, the juvenile sex offender shall not accept or maintain employment or a volunteer position at any school, childcare facility, or any other business or organization that provides services primarily to children.

(b) It shall be unlawful for the owner or operator of any childcare facility or any other organization that provides services primarily to children to knowingly provide employment or a volunteer position to a juvenile sex offender.

(c)(1) No juvenile sex offender shall accept or maintain employment or a volunteer position as a first responder.

(2) For the purposes of this section, a “first responder” means a paramedic, firefighter, rescue squad member, emergency medical technician, or other individual who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies, whether compensated or not.

(d) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-23-72 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-72
Section 15-23-72 Right to Pre-sentence Information
Status: in_force

The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:

(1) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.

(2) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:

a. The existence and function of the pre-sentence report.

b. The name, address, and telephone number of the office of the Board of Pardons and Paroles which is preparing the pre-sentence report.

c. The right to make a victim impact statement.

d. The right of the defendant to view the pre-sentence report.

e. The right to be present and be heard at any sentencing proceeding.

f. The time, place, and date of the sentencing proceeding.

g. If the court orders restitution, the right to pursue collection of the restitution as provided by Section 15-18-65 et seq.
Ala. Code § 15-7-21 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-21
Section 15-7-21 Discharge of Defendant - by Judge or Magistrate; Certification and Delivery of Warrant with Undertaking
Status: in_force

(a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant’s request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the county in which the warrant was executed; and such judge or magistrate may, without examination, discharge such defendant, upon sufficient bail for his appearance before the court having cognizance of the offense.

(b) The judge or magistrate admitting a defendant to bail under the provisions of subsection (a) of this section must certify the same upon the warrant and deliver such warrant, with the undertaking, to the officer who executed the warrant, who must cause the same to be delivered without unnecessary delay to the clerk of the court in which the defendant is bound by his undertaking to appear.
Ala. Code § 15-10-41 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-41
Section 15-10-41 Form of Writ - Felony
Status: in_force

When the indictment is for a felony, the writ of arrest may be substantially in the following form:

State of Alabama,

_____ County.

To any sheriff of the state:

An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ County, for the offense of ______ (describing the offense so as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said defendant and commit him to jail; and that you return this writ according to law.
Ala. Code § 15-13-130 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-130
Section 15-13-130 Cash Bail - Undertaking of Bail: Basis of and When Forfeited
Status: in_force

The basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, writ of error, or in any other case, is to ensure the appearance of the defendant in court, and the undertaking is forfeited by the failure of the defendant to appear.

If, by reason of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the officer, official, or employee authorized by law to receive fines levied by the court. The court shall then, without any notice to defendant, render judgment absolute for the entire sum deposited and the money shall then become public money of the State General Fund or in bail forfeiture cases pending in the municipal courts the sums shall become public money of the municipality. The state shall remit one-half of the funds it receives to the county in which the defendant was charged. The funds shall be deposited into the general fund of the county and used for the maintenance and operation of the county jail.
Ala. Code § 15-18-182 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-182
Section 15-18-182 Eligibility for Continued Grant Funding; Additional Incentive Funding; Noncompliance with Plan
Status: in_force

(a) In order to remain eligible for continued grant funding, a recipient must substantially comply with the requirements of this article and the standards and administrative regulations of the department promulgated pursuant to the Administrative Procedure Act defining program effectiveness. Each recipient will participate in a substantive evaluation to determine local and state program effectiveness. The form of this evaluation will be determined in collaboration with the Office of the Governor. The standards, regulations, and evaluations of the department are public records and shall be made available for inspection and copying upon request.

(b) Continued grant funding shall be based on demonstrated effectiveness in either reducing the number of commitments of eligible offenders to state penal institutions or local jails which would likely have occurred without the programs funded under this article or maintaining and operating the program in accordance with evidence-based practices as defined in Section 12-25-32.

(c) Subject to funding availability, each county, participating authority, or other nonprofit entity is eligible to receive additional incentive funding for extending programs if such programs exceed the objectives of this article and the approved community punishment and corrections plan based upon criteria developed by the division and promulgated under its rules pursuant to the Administrative Procedure Act.

(d) If the director of the division determines that there are reasonable grounds to believe that a participating county, authority, or other nonprofit entity is not complying with its plan, or the minimum standards, the director shall give 30 days’ written notice to the participating entity, as well as to the county commission in the affected county. If the director finds that such a participating entity is not complying with its plan or the minimum standards established in this article, the director shall require the entity to provide a letter of intent as to how and when specific deficiencies identified by the director will be corrected. If no letter is submitted to the director within the time limit specified, or if the deficiencies are not corrected within 45 days after a letter has been submitted to the entity, the director, with the approval of the commissioner and the Office of the Governor, may suspend any part or all of the funding until compliance is achieved.
Ala. Code § 15-22-53 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-53
Section 15-22-53 Powers and Duties of Probation Officers; Restrictions on Inspection of Records, Reports, Etc., of Probation Officers
Status: in_force

(a) A probation officer, or a specialist, shall investigate all cases referred to him or her for investigation by any court or by the Board of Pardons and Paroles and shall report in writing thereon. The probation officer shall furnish to persons released on probation under his or her supervision a written statement of the conditions of probation and shall instruct them regarding the same. The probation officer shall monitor the conduct and condition of each person on probation under his or her supervision by visiting, requiring reports, and in ways necessary, based on the offender’s measured risk of offending. Additionally, the probation officer shall provide written reports as often as the court or the board may require. The probation officer shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32, not inconsistent with the provisions imposed by the court, to aid and encourage persons on probation and to bring about improvements in their conduct and condition. The probation officer shall keep detailed records of his or her work and shall provide written reports to the court and the board as often as they may require. A probation officer shall have, in the execution of his or her duties, the powers of arrest and the same right to execute process as is now given or may hereafter be given by law to the sheriffs of this state. Supervision and treatment of probationers shall be conducted pursuant to and consistent with the provisions of subsections (k) and (l) of Section 15-22-24 and Section 15-22-57.

(b) All reports, records, and data assembled by any probation officer or specialist and referred to the court shall be privileged and shall not be available for public inspection except upon order of the court to which the same was referred.

(c) In no case shall the right to inspect the report be denied the defendant or his or her counsel after the report has been completed or filed.
Ala. Code § 15-13-4 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-4
Section 15-13-4 Prisoners Entitled to Opportunity to Give Bail; Release of Prisoner on Own Recognizance
Status: in_force

All judges or magistrates, when authorized by law to grant bail, shall take care that every prisoner in jail shall have an opportunity to give bail in cases in which a prisoner is entitled to bail. Any judge or magistrate, when authorized by law to grant bail, may approve any bond presented to him at any time, which in his judgment is reasonably good, and may, in his discretion, release on his own recognizance any prisoner charged with a misdemeanor.
Ala. Code § 15-13-134 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-134
Section 15-13-134 Service of Forfeiture Notice
Status: in_force

A conditional forfeiture notice may be served by any law enforcement officer, at the law enforcement office in the same manner as a summons in a civil action, except that service may not be by publication. At the law enforcement officer’s discretion and expense, the notice may be served by certified mail, requiring a signed receipt or some equivalent thereof. In the event the notice is served by certified mail, return of the receipt properly signed shall be prima facie evidence of service. A surety may sign for the forfeiture with the clerk of the court. The notice required by this subsection shall be returned by the individual serving it, with his or her proper return endorsed thereon, within 30 days of the date of issuance or within five days of service, whichever period of time is shorter.
Ala. Code § 15-22-92 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-92
Section 15-22-92 Transfer of Records
Status: in_force

The record of a person pertaining only to the conviction for which a pardon is granted under this article shall be ordered transferred by a court of competent jurisdiction to the Alabama Department of Archives and History for confidential keeping upon petition by the person to whom the pardon was granted, or if deceased, by his or her legal representative who can show proof that the transfer was requested or desired by the deceased person prior to his or her death. The court shall order the transfer on a form provided by the Administrative Office of Courts. Every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge or relating to the conviction or other matters arising out of the conviction that are ordered to be transferred shall certify to the court within 60 days of the entry of the transfer order that the required transfer action has been completed. All orders enforcing the transfer procedure shall remain a matter of record. Records or documents subject to transfer which are utilized exclusively for educational purposes and are displayed in public museums, libraries, and buildings are exempt from the transfer requirement. The person whose record is transferred may not be required to disclose the fact of the record or any matter relating to the conviction.
Ala. Code § 15-7-4 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-4
Section 15-7-4 Warrant of Arrest - Defined; Contents; Form
Status: in_force

(a) A “warrant of arrest” is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant.

(b) Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed “to any lawful officer of the state,” and, if executed by any lawful officer having authority to execute it, it is valid without regard to its direction.

(c) A warrant of arrest may be in substance as follows: The State of Alabama, __________ County.

To any lawful officer of the state:

Complaint on oath having been made before me that the offense of (designating or describing it) has been committed and accusing C. D. thereof, you are, therefore, commanded forthwith to arrest C. D., and bring him before me.
Ala. Code § 15-13-5 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-5
Section 15-13-5 Discharge of Defendant by Sheriff or Deputy After Indictment for Misdemeanor
Status: in_force

(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no case be less than $50.00.

(b) If an indictment charges a misdemeanor and the defendant is committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving bail in the amount required.
Ala. Code § 15-15-24 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-24
Section 15-15-24 Determination of Degree of Offense and Fixing of Punishment; When Jury Impaneled
Status: in_force

(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the intervention of a jury, shall determine the degree of the offense and fix the punishment therefor the same as a jury might fix or impose it if the case were being tried by a jury, unless, in the discretion of the trial judge, a jury should be impaneled to determine the degree of the offense or to fix the punishment therefor or unless the defendant at the time of entering such plea demands a jury in writing. The court shall not in any event, however, impose capital punishment without the intervention of a jury.

(b) Whenever, in the discretion of the trial judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed in subsection (a) of this section, no special venire need be drawn, but the court must cause the punishment to be determined by a jury, except where the punishment is required by law to be fixed by the court.

(c) The court may in all cases in which a plea of guilty is entered cause witnesses to be examined to ascertain the character of the offense.

(d) Nothing contained in this section shall be construed as authorizing an accused who has entered a plea of guilty to demand a jury to determine any issue or to fix punishment in regard to any offense unless the right to have a jury determine such issue or to fix the punishment in regard to the offense with which he is charged is granted under some other applicable provisions of law.
Ala. Code § 15-11-4 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-4
Section 15-11-4 Default of Defendant Admitted to Bail Certified to Circuit Court; District Court’s Certificate as Presumptive Evidence of Default
Status: in_force

If the defendant does not appear before the district court at the time to which an examination is adjourned, the default on the undertaking of bail shall be certified by the district court to the circuit court, and the like proceedings must be had thereon as upon the breach of an undertaking in that court, the certificate being presumptive evidence of the default of the defendant.
Ala. Code § 15-22-27.4 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-27.4
Section 15-22-27.4 Parole of Persons Convicted of Sex Offense Involving Person Under 13 Years of Age - Chemical Castration Treatment
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) CHEMICAL CASTRATION TREATMENT. The receiving of medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person’s body.

(2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF 13 YEARS. A sex offense, as described in Section 15-20A-5, that is committed against a person who has not attained the age of 13 years.

(b) Subject to Section 15-22-27.3, as a condition of parole, a court shall order a person convicted of a sex offense involving a person under the age of 13 years to undergo chemical castration treatment, in addition to any other punishment prescribed for that offense or any other provision of law.

(c) A person required to undergo chemical castration treatment shall begin the treatment not less than one month prior to his or her release from custody of the Department of Corrections and shall continue receiving treatment until the court determines the treatment is no longer necessary. The treatment shall be administered by the Department of Public Health.

(d)(1) The parolee shall pay for all of the costs associated with the chemical castration treatment. The cost of the treatment shall be in addition to any court costs; assessments for crime victim’s compensation fund; Department of Forensic Sciences assessments; drug, alcohol, or anger management treatments required by law; restitution; or costs of supervision of the treatment. A person may not be denied parole based solely on his or her inability to pay for the costs associated with the treatment required under this section.

(2) If a person required to receive chemical castration treatment under this section, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the person proves to the reasonable satisfaction of the court that the person is not capable of paying the fees or costs within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender’s indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.

(e) In addition to any condition of parole under subsection (b), as a condition of parole, a parolee released on parole under this section shall authorize the Department of Public Health to share with the Board of Pardons and Paroles all medical records relating to the parolee’s chemical castration treatment. A parolee may elect to stop receiving the treatment at any time and may not be forced to receive the treatment; provided, the refusal shall constitute a violation of his or her parole and he or she shall be immediately remanded to the custody of the Department of Corrections for the remainder of the sentence from which he or she was paroled.

(f) Prior to the administration of any chemical castration treatment, the court shall inform the parolee about the effect of the treatment and any side effects that may result from it. The parolee shall sign a written acknowledgment of receipt of the information.

(g) Only a bona fide employee of the Alabama Department of Public Health may administer the treatment.

(h) A parolee who intentionally stops receiving the treatment required under this section shall be guilty of a Class C felony.
Ala. Code § 15-27-11 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-11
Section 15-27-11 Personal Information Subject to Expungement
Status: in_force

An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner’s true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to be expunged.
Ala. Code § 15-15-26 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-26
Section 15-15-26 No Right of Appeal
Status: in_force

After the court has heard and considered a plea of guilty by a defendant and has permitted the filing of such plea and sentenced the defendant, such defendant shall not have the right of appeal from the action of the court.
Ala. Code § 15-10-111 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-111
Section 15-10-111 Use of Facial Recognition Technology Match Results to Establish Probable Cause or to Make an Arrest
Status: in_force

(a) A state or local law enforcement agency may not use facial recognition technology match results as the sole basis to establish probable cause in a criminal investigation or to make an arrest.

(b) To establish probable cause in a criminal investigation or to make an arrest, a state or local law enforcement agency may use facial recognition technology match results only in conjunction with other lawfully obtained information and evidence.
Ala. Code § 15-23-7 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-7
Section 15-23-7 Audit of Financial Affairs of Commission Authorized
Status: in_force

The Director of the Department of Examiners of Public Accounts shall at least once a year and at such other times as such director shall deem appropriate cause to be performed a detailed audit of the financial affairs of the commission and shall promptly notify the appropriate grand jury as to any possible violations of law.
Ala. Code § 15-9-82 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-82
Section 15-9-82 Right of Prisoner to Final Disposition of Untried Indictments, Etc., Pending Against Him; Duty of Official Having Custody of Prisoners to Inform Prisoners of Untried Indictments, Etc.; Failure to Notify Prisoners of Filing of Detainers
Status: in_force

(a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information or complaint pending against him in this state. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the district attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.

(b) The warden or other like official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information or complaint against him of which the warden or other like official had knowledge or notice, and of his right to make a request for final disposition thereof.

(c) Failure of the warden or other like official to inform a prisoner, as required by this section, within one year after a detainer has been filed at the institution, shall entitle him to a final dismissal of the indictment, information or complaint with prejudice.
Ala. Code § 15-18-85 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-85
Section 15-18-85 Return of Execution Warrant, Certificate and Statements; Payment for Transportation of Body
Status: in_force

(a) When execution of sentence is suspended or respited to another date, the same shall be noted on the warrant for execution, and on the arrival of such date the warden shall proceed with such execution, but if the condemned person should be pardoned or his sentence commuted by the Governor, no execution shall be had; and, in such case, as well as when the sentence is executed, the warden shall return the warrant and certificate with a statement of any such act and with his proceedings endorsed thereon, together with the statement, where appropriate, that the body of the convict was decently buried or delivered to his relatives or friends, naming them, or to some other person by consent of the convict, naming such person and naming two or more witnesses to the fact that the convict consented that his body might be delivered to such person to the clerk of the court in which sentence was passed, who shall record said warrant and return in the minutes of the court.

(b) The state shall pay transportation charges of the body back to the home of the condemned person when his or her family or friends cannot pay such expenses, this fact to be determined by the Commissioner of Corrections.
Ala. Code § 15-27-6 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-6
Section 15-27-6 Order of Expungement; Certification; Inspection of Expunged Records
Status: in_force

(a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, except privileged presentence or postsentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. On July 7, 2014, and for 18 months thereafter, every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge that is ordered to expunge the records shall certify to the court within 180 days of the entry of the expungement order that the required expungement action has been completed.

(b) After the expungement of records pursuant to subsection (a), the proceedings regarding the charge shall be deemed never to have occurred. Except as provided in this chapter, the court and other agencies shall reply to any inquiry that no record exists on the matter. The petitioner whose record was expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing notice with the court.
Ala. Code § 15-9-85 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-85
Section 15-9-85 Escape by Prisoner After Request Filed
Status: in_force

Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request.
Ala. Code § 15-6-4 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-4
Section 15-6-4 Refusal, Etc., of Municipal Official to Comply with Order of Governor
Status: in_force

Any official of a municipality who fails, refuses or neglects to comply with any order or direction of the Governor of the State of Alabama which is made by the Governor under the laws of Alabama authorizing him to enforce the laws and preserve the peace of the state shall be guilty of a misdemeanor, and shall be fined not less than $50.00 upon conviction and may, in the discretion of the court trying the case, be punished by imprisonment for a term not exceeding 12 months at hard labor for the county.
Ala. Code § 15-16-62 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-62
Section 15-16-62 Defendant Not Released from Custody Unless Authorized by Court Order
Status: in_force

When a defendant in a criminal case has been committed to the custody of the commissioner of the department or another facility as provided by Section 15-16-43, such department or facility may not release such defendant from custody unless authorized to do so by court order as provided in this article.
Ala. Code § 15-12-29 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-29
Section 15-12-29 Contract Counsel System - Construction of Sections
Status: in_force

Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent defendants, or from assigning representation of an indigent defendant to other contract counsel where there is a conflict of interest involving the contract counsel, or if the contract counsel is unable to provide prompt and adequate representation, and the indigent defense systems chosen do not provide any other alternative. Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to supersede any provision of the Alabama Rules of Criminal Procedure or any other provision of law relating to public defenders.
Ala. Code § 15-23-80 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-80
Section 15-23-80 Facility with Custody of Defendant to Send Victim Release Opinion
Status: in_force

Upon written request of the victim, the Alabama Department of Mental Health and Mental Retardation, or other facility with custody of the criminal defendant, shall send the victim a copy to the address stated in the request, of its release opinion which was provided to the appropriate court pursuant to Section 15-16-63 et seq.
Ala. Code § 15-18-100 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-100
Section 15-18-100 Postponing Execution of Sentence Pending Commutation or Pardon
Status: in_force

When any defendant is convicted and sentenced to death or to imprisonment in the penitentiary, the presiding judge, if he is of the opinion that such defendant should be pardoned, may postpone the execution of the sentence for such time as may appear necessary to obtain the action of the Governor on an application for commutation of the death sentence and action of the Board of Pardons and Paroles on an application for pardon.
Ala. Code § 15-22-29.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-29.1
Section 15-22-29.1 High Intensity Probation
Status: in_force

Prior to January 30, 2016, the Board of Pardons and Paroles shall collaborate with the Alabama Sentencing Commission to define and establish the fundamental terms and conditions of high intensity probation.
Ala. Code § 15-2-9 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-9
Section 15-2-9 Venue - Carrying Stolen Property into Another County
Status: in_force

When property is stolen in one county and carried into another, venue is in either county.
Ala. Code § 15-21-27 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-27
Section 15-21-27 Penalty - Unlawful Detention or Arrest After Discharge Order; Civil Action for Damages
Status: in_force

Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal and proper cause, warrant or other process shall be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible in a civil action for any damages the party may have sustained.
Ala. Code § 15-22-114 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-114
Section 15-22-114 Validity of Posthumous Pardon
Status: in_force

For the public welfare, a pardon granted by the board pursuant to this article shall not require formal delivery to and acceptance by the candidate’s family or legal heirs in order to be considered valid.
Ala. Code § 15-13-211 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-211
Section 15-13-211 Licensure Requirements. (Amended by Act 2026-542)
Status: in_force

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

Each individual applicant shall meet all of the following criteria, demonstrating that he or she:

(1) Is at least 21 years of age.

(2) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.

(3) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.

(4) Has not been convicted of a felony.

(5) Has successfully completed pre-licensure education administered by an educational provider approved by the board.
Ala. Code § 15-13-1 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-1
Section 15-13-1 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:

(1) ADMISSION TO BAIL. The order of a competent court or magistrate, when authorized by law to grant bail, that a defendant be discharged from actual custody on bail.

(2) TAKING OF BAIL. The acceptance by a competent court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking or for the payment to the state of a certain specified sum if he does not appear.
Ala. Code § 15-13-157 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-157
Section 15-13-157 Collection - Property Bail Forfeitures
Status: in_force

The clerks of all courts of the State of Alabama and its subdivisions shall make every effort to collect forfeitures. All clerks may issue executions, as ordered by the courts, to the sheriff of the county where the court is located for the sheriff to execute on properties belonging to the sureties. The issuance of executions shall be as prescribed by laws of this state.
Ala. Code § 15-18-185 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-185
Section 15-18-185 Inmate with Medical Condition in Which Treatment Exceeds $2,000 to Be Transferred to Department
Status: in_force

In the event a state inmate, as defined in this article, participating in a community punishment and corrections program develops a medical condition which, in the opinion of a physician licensed to practice medicine in this state, would require treatment, the cost for which would exceed $2,000.00, such inmate shall be transferred within three days to the custody of the department and shall receive treatment as other state inmates.
Ala. Code § 15-13-114 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-114
Section 15-13-114 Obligation of Sureties Continues During Trial
Status: in_force

The obligation of the sureties continues throughout every stage of trial, from the time the defendant is entered thereon until the rendition of the verdict by the jury or judge. The finding of the defendant guilty by a jury or judge discharges the sureties. The obligation of the sureties are also discharged when the judge takes any of the following actions:

(1) Sentences the defendant.

(2) Grants the prosecutor’s motion to nol pros the case.

(3) Dismisses the case.

(4) Issues any order to the defendant to attend driving-under-the-influence school, mental health counseling, or any similar order of which the court would only have had the authority to do so , if there had been an adjudication of guilt or in cases where there has been an adjudication of guilt.

(5) Issues any order of restitution .

(6) Announces or orders sentence prior to any probation determination.
Ala. Code § 15-20-30 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-30
Section 15-20-30 Juvenile Criminal Sex Offender - Verification of Residence
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-22-26.3 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-26.3
Section 15-22-26.3 Sharing Electronic Monitoring Gps Data with Law Enforcement Agencies Authorized Under Certain Circumstances
Status: in_force

(a) During an active investigation, a law enforcement agency may request the Board of Pardons and Paroles for probative electronic monitoring GPS data pertaining to the investigation.

(b) The Board of Pardons and Paroles may share the requested electronic monitoring GPS data pursuant to subsection (a).
Ala. Code § 15-22-26 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-26
Section 15-22-26 Standards for Release of Prisoners on Parole. (Amended by Act 2026-372)
Status: in_force

AMENDED BY ACT 2026-372, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the Board of Pardons and Paroles is of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner’s fitness for parole and to ensure public safety. The guidelines shall serve as an aid in the parole process and shall promote the use of prison space for the most violent and greatest risk offenders, while recognizing that the board’s paramount duty is to protect public safety. The guidelines shall be structured, actuarially based, reviewed every three years by the board, after a specified open comment period determined by the board, and posted on the website of the board and include, but not be limited to, the following:

(1) The prisoner’s risk to reoffend, based upon a validated risk and needs assessment as defined in Section 12-25-32.

(2) Progress by the prisoner and the Department of Corrections to plan for reentry.

(3) Input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities.

(4) Participation in risk-reduction programs while incarcerated.

(5) Institutional behavior of the prisoner while incarcerated.

(6) Severity of the underlying offense for which the prisoner was sentenced to incarceration.

(b) Except as provided in Section 15-22-37, if the board grants a prisoner parole, the prisoner shall be released from prison upon the terms and conditions set by the board, and while released on parole, shall remain in the legal custody of the warden of the prison from which he or she is paroled until the expiration of the maximum term specified in his or her sentence or until he or she is fully pardoned.

(c) The board shall clearly articulate its reasons for approval or denial of parole for each prisoner, based on its established guidelines, and shall provide the reasons for approval or denial to the prisoner, the victim, the Department of Corrections, or any other interested party upon written request submitted to the board. The use of established guidelines for parole consideration shall not create a right or expectation by a prisoner to parole release. Additionally, the articulated reasons for denial of parole release shall not create a right or expectation for parole release. The guidelines shall serve as an aid in the parole decisionmaking process, and the decision concerning parole release shall be at the complete discretion of the board.
Ala. Code § 15-23-6 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-6
Section 15-23-6 Alabama Crime Victims Compensation Commission - Annual Report Required
Status: in_force

The commission shall publish annually a report showing the fiscal transactions of the commission for the preceding year, the amount of the accumulated cash and securities of the commission and a balance sheet showing the financial condition of the commission by means of an actuarial evaluation of the assets and liabilities of the commission.
Ala. Code § 15-18-9 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-9
Section 15-18-9 Penalties for Persons Previously Convicted of Felonies
Status: in_force

In all cases when it is shown that a criminal defendant has been previously convicted of any felony and after such conviction has committed another felony, he must be punished as follows:

(1) On conviction of a Class C felony, he must be punished for a Class B felony;

(2) On conviction of a Class B felony, he must be punished for a Class A felony; and

(3) On conviction of a Class A felony, he must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
Ala. Code § 15-22-36.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote
Status: in_force

(a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met:

(1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g).

(2) The person has no criminal felony charges pending against him or her in any state or federal court.

(3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases.

(4) Any of the following are true:

a. The person has been released upon completion of sentence.

b. The person has been pardoned.

c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity.

(b) The Certificate of Eligibility to Register to Vote shall be granted upon a determination that all of the requirements in subsection (a) are fulfilled.

(c) Upon receipt of an application under this section, investigation of the request shall be assigned forthwith to an officer of the state Board of Pardons and Paroles. The assigned officer shall verify, through court records, records of the board, and records of the Department of Corrections, that the applicant has met the qualifications set out in subsection (a). Within 30 days of the initial application for a Certificate of Eligibility to Register to Vote, the officer shall draft a report of his or her findings including a statement as to whether the applicant has successfully completed his or her sentence and has complied with all the eligibility requirements provided in subsection (a).

(d) After completing the investigation set out in subsection (c), the officer shall submit his or her report of investigation to the Executive Director of the Board of Pardons and Paroles.

(e) If the report created pursuant to subsection (c) states that the applicant has met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall issue a Certificate of Eligibility to Register to Vote to the applicant within 14 days of receipt of the report by the executive director.

(f) If the report created pursuant to subsection (c) states that the applicant has not met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall not issue a Certificate of Eligibility to Register to Vote and shall notify the applicant of the decision and reason or reasons for the decision within 14 days of receipt of the report by the executive director. The applicant, upon completion of the eligibility requirement in subsection (a) for restoration of his or her rights, may submit a new application at any time if he or she has met the certification criteria.

(g) A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason.

(h) This section shall not affect the right of any person to apply to the board for a pardon with restoration of voting rights pursuant to Section 15-22-36.

(i) Each state or county correctional facility, prison, or jail shall post materials to be prepared by the Secretary of State and the Board of Pardons and Paroles notifying incarcerated individuals of the requirements and procedures for having one’s voting rights restored.
Ala. Code § 15-13-118 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-118
Section 15-13-118 Arrest of Defendant by Surety After Conditional Forfeiture
Status: in_force

After the entry of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest the defendant as provided in Section 15-13-117, and the arrest and delivery of the defendant to the authorized jail as stated in Section 15-13-117 shall not exonerate the surety unless, in the judgment of the court, a good and sufficient cause is given for the failure of the defendant to appear at the time the conditional judgement was entered.
Ala. Code § 15-22-38 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-38
Section 15-22-38 Duties of Board Mandatory; Powers Strictly Construed
Status: in_force

The duties imposed upon the members of the Board of Pardons and Paroles by this article are mandatory, and the limitations and restrictions on the powers of the board or the members thereof shall be strictly construed.
Ala. Code § 15-22-1.2 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-1.2
Section 15-22-1.2 Compacts with Other States
Status: in_force

The Governor is authorized and directed to enter into a compact on behalf of the State of Alabama with any state in the United States legally joining the compact in the form as substantially provided for in Section 15-22-1.1.
Ala. Code § 15-9-63 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-63
Section 15-9-63 Exemption from Process in Civil Actions
Status: in_force

A person brought into this state on extradition based upon a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer when he is returned until he has been convicted in the criminal proceeding or, if acquitted, until he has had ample opportunity to return to the state from which he was extradited.
Ala. Code § 15-25-39 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-39
Section 15-25-39 “A Child Physical Offense, Sexual Offense, or Violent Offense” Defined
Status: in_force

For purposes of this article, “a physical offense, sexual offense, or violent offense” is defined to include the following crimes, when one or more of the victims or witnesses is a child under 12 years of age or is a protected person as provided in Section 15-25-1:

(1) A sex offense pursuant to Section 15-20A-5.

(2) A violent offense pursuant to Section 12-25-32.

(3) Aggravated child abuse as provided in Section 26-15-3.1.

(4) Assault in any degree.

(5) Any offense involving domestic violence, elder abuse, or a violation of a protection order.

(6) Any attempt to commit any of the offenses listed in subdivisions (1) to (5), inclusive.
Ala. Code § 15-18-113 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-113
Section 15-18-113 Eligibility
Status: in_force

The department may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of the limits of confinement. However, no inmate who has ever been convicted of murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, selling or trafficking in controlled substances, robbery in the first degree, burglary in the first degree, sexual abuse in the first degree or assault in the first degree if said assault leaves the victim permanently disfigured or disabled, shall be eligible for such inmate community reintegration under the Supervised Intensive Restitution program.
Ala. Code § 15-13-203 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-203
Section 15-13-203 (Amended by Act 2026-542) Alabama Professional Bail Bonding Board - Creation; Composition; Adoption and Enforcement of Rules; Compensation
Status: in_force

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

(a) The Alabama Professional Bail Bonding Board is created to administer and enforce this article. The board shall consist of all of the following members:

(1) Seven professional bondsmen, one from each of the seven congressional districts of the state, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of not more than four nominees for each position on the board. For the initial terms of office, the President of the Alabama Bail Bond Association shall be the professional bondsman member of the board who represents the congressional district in which he or she resides. Each professional bondsman member appointed to the board shall be the owner of a professional bail bond company with at least five years of experience. Except as otherwise provided, no two professional bondsman members shall reside in the same congressional district. If no professional bondsman is available for nomination by the Alabama Bail Bond Association for a congressional district, the Alabama Bail Bond Association shall provide a list of four professional bondsman nominees from the state at large to the Governor for that congressional district, and the Governor shall appoint one of those nominees to fill that position on the board.

(2) One serving circuit, district, or municipal court judge, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of four nominees.

(3) One serving circuit or municipal court clerk, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of four nominees.

(b) The appointments to the board shall be for terms of four years. The nominating and appointing authorities shall coordinate their nominations and appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. Vacancies shall be filled by appointment of the Governor for the unexpired portion of the term.

(c) The board, pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, shall adopt and enforce reasonable rules as the board determines necessary to effectively and efficiently carry out its official duty of licensing and regulating professional bail bond companies and professional bondsmen.

(d) Each member of the board shall receive travel and per diem compensation for expenses incurred in the conduct of official duties while attending meetings and transacting the business of the board, in accordance with applicable state travel and per diem paid to state employees. The compensation of members shall be paid from funds available to the board in the same manner as other expenses are paid.
Ala. Code § 15-13-202 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-202
Section 15-13-202 License Requirements; Apprentice License. (Amended by Act 2026-542)
Status: in_force

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

(a) An individual may not hold himself or herself out to the public as a professional bondsman or a professional surety bondsman, operate as a recovery agent, or use any term, title, or abbreviation that expresses, infers, or implies that the individual is licensed as a professional bondsman unless the individual at the time holds a valid license as a professional bondsman as provided in this article.

(b) All applicants shall pass an examination, unless exempted by this article, based on criteria established by the Alabama Professional Bail Bonding Board and established under Section 15-13-203 and shall comply with the continuing education requirements established by this article.

(c) The board may issue an apprentice license, which expires 120 days after issuance, to any applicant who satisfies all criteria for licensure except passing the examination. The board may require an applicant for licensure as an apprentice to sign an affidavit, on a form provided by the board, attesting that the applicant has no felony convictions. The board, by rule, may also provide an age exception to allow any applicant who is 19 or 20 years of age to work as an apprentice until he or she reaches the age of 21 years. The board may charge a fee, not exceeding fifty dollars ($50), for an apprentice license.
Ala. Code § 15-18-111 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-111
Section 15-18-111 Definitions
Status: in_force

As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) DEPARTMENT. The Department of Corrections.

(2) COMMISSIONER. The Commissioner of the Department of Corrections

(3) STATE CORRECTIONAL INSTITUTION. Any correctional institution under the jurisdiction of the department.

(4) INMATE. A person who has served at least 90 days in any jail or penal facility, either male or female, who has been convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.

(5) PROGRAM. Supervised Intensive Restitution (SIR) program.
Ala. Code § 15-25-31 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-31
Section 15-25-31 Out-of-Court Statement - When Admissible. (Amended by Act 2026-375)
Status: in_force

AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

An out-of-court statement made by a child under 12 years of age at the time the statement is made, or by a protected person as defined in Section 15-25-1, concerning an act that is a material element of any crime involving a physical offense, sexual offense, or violent offense, as defined in Section 15-25-39, which statement is not otherwise admissible in evidence, is admissible in evidence in criminal proceedings, if the requirements of Section 15-25-32 are met.
Ala. Code § 15-14-56 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-56
Section 15-14-56 Designation of Representative When Victim Unable to Attend
Status: in_force

(a) Whenever a victim is unable to attend such trial or hearing or any portion thereof by reason of death; disability; hardship; incapacity; physical, mental, or emotional condition; age; or other inability, the victim, the victim’s guardian or the victim’s family may select a representative who shall be entitled to exercise any right granted to the victim, pursuant to the provisions of this article.

(b) Provided, however, in the event of a dispute, the court in its discretion may designate such representative.
Ala. Code § 15-13-23 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-23
Section 15-13-23 Lunatics and Infants
Status: in_force

It is not necessary that lunatics or infants should themselves execute or acknowledge the undertaking of bail, but any other person may enter into an undertaking for their appearance.
Ala. Code § 15-20A-38 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-38
Section 15-20A-38 Escape from Correctional Facility
Status: in_force

(a) If a sex offender escapes from a state or local correctional facility, juvenile detention facility, or any other facility that would not permit unsupervised access to the public, the responsible agency, within 24 hours, shall notify the Alabama State Law Enforcement Agency, local law enforcement who had jurisdiction at the time of adjudication or conviction of the sex offense, the sheriff of the county and each chief of police of every municipality in the county where the sex offender escaped, and the United States Marshals Service.

(b) The responsible agency shall provide each law enforcement agency listed in subsection (a) with the following information:

(1) The name and aliases of the sex offender.

(2) The amount of time remaining to be served by the sex offender.

(3) The nature of the crime for which the sex offender was incarcerated.

(4) A copy of the fingerprints and current photograph of the sex offender and a summary of the criminal record of the sex offender.
Ala. Code § 15-10-47 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-47
Section 15-10-47 Return of Writs by Sheriff; Duty of Clerks to Accept Returns by Mail; Failure of Sheriffs to Comply with Section
Status: in_force

(a) All writs of arrest, with the undertaking of bail when given, must be returned by the sheriff to the clerk of the court from which they were issued, with the proper return thereon endorsed.

(b) If the writ of arrest is executed, the return must be made within five days after service; but if executed out of the county in which the indictment was found, the return may be made by depositing the writ in the post office within five days after service in a sealed envelope, postage prepaid, directed to the clerk of the court at the courthouse of his county, with the title of the case and the character of the process endorsed on the envelope.

(c) When any writ of arrest is not executed, it must be returned by the sheriff to the clerk of the court from which it was issued; and when the return is made by the sheriff of any other county than that in which the indictment was found, it may be made by mail, as prescribed by subsection (b) of this section.

(d) The clerk of the court must take from the post office all packages addressed to him which are endorsed according to the provisions of subsection (b) of this section, and the expense of the same must be paid by the county.

(e) Any sheriff who fails to comply with the provisions of subsections (b) and (c) of this section may be compelled to make the return by attachment and also forfeits to the state, for the use of the county, $50.00, which may be recovered with costs against him and his sureties, or any of them, having three days’ notice thereof by motion in the court in which the indictment was found. On the trial of such motion, the certificate of the postmaster is presumptive evidence of the deposit of the writ of arrest, the superscription and endorsement on the envelope.
Ala. Code § 15-8-91 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-91
Section 15-8-91 Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record
Status: in_force

If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order another indictment to be preferred at a subsequent time, in which case an entry of record must be made to the effect following: “The State ) In this case, it appeared from the evidence that there was a variance between the allegations of the indictment and the “The State proof in this (setting out the variance); or it appeared from the evidence that the defendant’s name was …(stating it); and the defendant not consenting to allow the indictment to be amended, the prosecution was dismissed before the jury retired, and another indictment was ordered to be preferred.” v.) A. B.)
Ala. Code § 15-13-8 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-8
Section 15-13-8 Limitation on Number of Applications; Appeals to Court of Criminal Appeals; Procedure Upon Order of Court of Criminal Appeals Admitting Defendant to Bail
Status: in_force

(a) When an application for bail is made to any circuit judge and is refused, no subsequent application can be made, but the evidence in such case may be preserved for review on application to the Court of Criminal Appeals.

(b) When an order is made by the Court of Criminal Appeals admitting a defendant to bail, the order must fix the amount of bail required and direct the same to be taken by the court to whom the primary application was made or by the sheriff of the county in which the defendant is confined. When such bail is ordered to be taken by a judge, the sheriff having the custody of the defendant must carry him before such judge for that purpose.
Ala. Code § 15-14-1 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-1
Section 15-14-1 Duty of Circuit Clerk to Set Cases for Trial
Status: in_force

It is the duty of the clerk of the circuit court to set for trial all criminal cases in his court, except capital cases and cases of parties in custody, for particular days, and no case so set shall be called for trial before such day.
Ala. Code § 15-21-26 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-26
Section 15-21-26 Reimprisonment for Same Cause After Discharge
Status: in_force

When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, unless he is indicted therefor or, after a discharge for defect of proof, is again arrested on sufficient proof and committed by legal process.
Ala. Code § 15-16-44 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-44
Section 15-16-44 Order for Involuntary Commitment Entered by Circuit Judge; Reporting Requirements
Status: in_force

If a circuit judge enters an order for involuntary commitment pursuant to Section 15-16-20, or any other provision of law, he or she shall immediately report the order to the Alabama State Law Enforcement Agency, in a manner prescribed by the agency, for entry into the state firearms prohibited person database and the National Instant Criminal Background Check (NICS) system.
Ala. Code § 15-13-62 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-62
Section 15-13-62 Exoneration of Bail by Surrender of Defendant Prior to Conditional Judgment; Bail May Arrest or Authorize Arrest of Principal
Status: in_force

Bail may, at any time before a conditional judgment is entered against them, exonerate themselves by surrendering the defendant; and for that purpose, they may arrest the defendant on a certified copy of the undertaking at any place in the state, or may authorize another person to arrest him by an endorsement in writing on such copy.
Ala. Code § 15-5-3 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-3
Section 15-5-3 Probable Cause and Affidavit Required
Status: in_force

A search warrant can only be issued on probable cause, supported by an affidavit naming or describing the person and particularly describing the property and the place to be searched.
Ala. Code § 15-13-206 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-206
Section 15-13-206 Alabama Professional Bail Bonding Board - Alabama Bail Bond Board Fund
Status: in_force

(a) There is created in the State Treasury for the use of the Alabama Professional Bail Bonding Board a fund to be known as the Alabama Bail Bond Board Fund.

(b) All application, apprentice, and license fees, penalties, fines, late fees, and any other fees or funds collected by the board under this article are to be deposited in this fund and used only to carry out the operations of the board.

(c) For the purpose of carrying out the objectives of this article and for the exercise of the powers granted in this article, the board may direct the disbursement of the funds from the Alabama Bail Bond Board Fund necessary to cover reasonable and necessary operating costs and board member compensation and expenses as provided by this article, which shall be paid on warrant of the Comptroller upon certificate or voucher of the secretary of the board, approved by the president or vice president of the board. Funds may not be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41.
Ala. Code § 15-21-21 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-21
Section 15-21-21 When Party to Be Discharged or Remanded
Status: in_force

Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a court or judge of the United States in a case of which such court or judge has exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy of the United States or, being subject to the rules and articles of war is confined by anyone legally acting by authority thereof, or is in custody for any public offense committed in any other state or territory for which, by the Constitution and laws of the United States, he should be delivered up to the authority of such state or territory or that he is otherwise legally detained, he must be remanded.
Ala. Code § 15-23-101 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-101
Section 15-23-101 Motion to Order Person Charged to Be Tested for Sexually Transmitted Diseases
Status: in_force

When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force, and it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, upon the request of the victim or the parent or guardian of a minor victim, the district attorney shall file a motion with the court for an order requiring the person charged to submit to a test for any sexually transmitted disease.
Ala. Code § 15-9-60 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-60
Section 15-9-60 Warrant for Fugitives from Alabama
Status: in_force

Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state or of the District of Columbia, he shall issue a warrant under the seal of this state to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
Ala. Code § 15-2-26 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-26
Section 15-2-26 Trial on Certified Copy of Indictment; Correction of Transcript Mistakes and Certification of Omitted Portion of Record
Status: in_force

The defendant must be tried in the court to which the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and such court may, if necessary and on a proper showing, order the clerk of the court in which the indictment was found to correct any mistake in the transcript or to certify any portion of the record which he may have omitted.
Ala. Code § 15-9-1 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-1
Section 15-9-1 Information Leading to Arrest and Conviction - Crimes Punishable by Death or Life Imprisonment
Status: in_force

When any of the following crimes have been committed: (1) Kidnapping with the intent of obtaining money or property for release of the person kidnapped; (2) Attempt to kidnap with the intent to obtain money or property for the release of the person attempted to be kidnapped; (3) Arson in the first degree which produces death or maiming of any person; (4) Arson in the second degree which produces death or maiming of any person; (5) Burglary in the first degree; (6) Sabotage or attempt to sabotage any property, facility or service that is being used in connection with national defense, with intent to injure the United States, the State of Alabama or any facilities or property used for national defense, where loss of life occurs by reason of such sabotage or attempt; (7) Exploding or setting off dynamite or other explosives in certain places as described in Section 13-2-61; (8) First degree murder; (9) Rape; (10) Carnal knowledge of a girl under 12 years of age; (11) Carnal knowledge of a woman or girl by administering a drug, etc.; (12) Robbery; (13) Train robbery; (14) Treason; or (15) Any other crime which is punishable by death; the Governor, upon application of the district attorney in the county in which it shall have been committed, may offer publicly a reward not exceeding $10,000.00 to the person who shall give information leading to the arrest and conviction of the guilty person; provided, however, that in cases involving murder, attempted murder, assassination or attempted assassination of any member of the judiciary, public or state official or any law enforcement officer, the Governor may increase the reward up to a maximum of $10,000.00. Any such reward shall be paid to the informer by the state by order of the court before which such conviction is had.
Ala. Code § 15-13-2 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-2
Section 15-13-2 Allowance as Matter of Right Prior to Conviction
Status: in_force

In all cases other than those specified in Section 15-13-3, a defendant, before conviction, is entitled to bail as a matter of right.
Ala. Code § 15-13-148 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-148
Section 15-13-148 Additional Conditions
Status: in_force

A judicial officer ordering the release of a person on any condition may at any time amend the order to impose additional or different conditions of release.
Ala. Code § 15-21-12 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-12
Section 15-21-12 Notice to Any Other Person Having Interest Required
Status: in_force

If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned or detained by virtue of any process under which any other person has an interest in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon an order requiring the applicant, or someone else for him, to give notice to such person, or to his attorney, of the issue of the writ and of the time and place at which it is returnable, in order that he may, if he thinks proper, appear and object to the discharge of the party who is imprisoned. If such notice is not given, when the party who is entitled to it is within 50 miles of the place of examination, the party who is imprisoned must not be discharged.
Ala. Code § 15-3-3 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-3
Section 15-3-3 Conversion of Public Revenues
Status: in_force

A prosecution for conversion of the state or county revenue must be commenced within six years after the conversion.
Ala. Code § 15-18-119 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-119
Section 15-18-119 Annual Report Required
Status: in_force

The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administration and suggestions as deemed advisable.
Ala. Code § 15-12-24.1 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-24.1
Section 15-12-24.1 Withdrawals from Fair Trial Tax Fund to Pay Expenses
Status: reserved

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
Ala. Code § 15-8-72 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-72
Section 15-8-72 Recording and Safekeeping; When Record Book Required to Be Produced; Use of Photograph or Photostat Machines
Status: in_force

(a) The clerk of the court in which indictments are returned shall, forthwith and without allowing them to be taken out of his custody or control, record the same, with the endorsement thereon, in a well-bound book which shall be properly indexed and kept secret, as indictments are required to be kept secret, before the arrest of the defendant; and, if the office of the clerk is furnished with an iron safe or vault, it shall be kept therein.

(b) The court may require the production of such book on the trial of the defendant for comparison of the indictment against the defendant with the record thereof only in cases where the trial is had on a certified copy of the indictment as provided by law.

(c) Indictments may be recorded by means of a photograph or photostat machine.
Ala. Code § 15-24-2 — Alabama Code / Title 15 / Chapter 24 / Section 15-24-2
Section 15-24-2 Definitions
Status: in_force

For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section:

(1) COURT. The court having jurisdiction over the offense charged.

(2) DEFENDANT. Any person accused of a criminal offense against state laws.

(3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period, as measured by appropriate standardized testing instruments.
Ala. Code § 15-22-39 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-39
Section 15-22-39 Penalty for Neglecting or Failing to Perform Duty
Status: in_force

Any member of the Board of Pardons and Paroles who knowingly or willfully neglects or fails to perform any duty enjoined upon him by the provisions of this article is guilty of a felony and, upon his conviction, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, and any offense as defined by Section 36-10-14 by a member of the board shall also be a felony and be punishable as provided in this section.
Ala. Code § 15-13-136 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-136
Section 15-13-136 Failure to Issue and Serve Conditional Forfeiture in 90 Days
Status: in_force

In forfeiture cases where the clerk of the court has failed to issue the conditional forfeiture notice as stipulated in Section 15-13-132 and where there has been no service as set out in Section 15-13-134 made within 90 days after the order of the court as set out in Section 15-13-131, and where the sureties have complied with Section 15-13-133, then the sureties shall be discharged from all liability of the bail and the conditional judgment shall be set aside against those sureties.
Ala. Code § 15-16-64 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-64
Section 15-16-64 Date of Hearing; Notice
Status: in_force

The court shall set a hearing to be held within 30 days of its receipt of the notice described in Section 15-16-63, unless an order of release either with or without conditions is stipulated by the department and all the parties to whom notice is required in Section 15-16-63. The court shall give notice of the date of that hearing to the department and to all the parties to whom notice is required in Section 15-16-63.
Ala. Code § 15-22-71 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-71
Section 15-22-71 Board Meetings, Quorum; Number Required for Approval
Status: in_force

Meetings of the board shall be held on the first and third Wednesdays of each month and at the call of the chairman, when the business of the board shall warrant additional meetings. Three members of the board shall constitute a quorum for the transaction of the business of the board, and no action shall be taken by the board without the approval of at least two of its members.
Ala. Code § 15-13-212 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-212
Section 15-13-212 Denial of Licensure; Application for Reconsideration; Issuance and Display of License
Status: in_force

(a)(1) If an application for a license is denied, the board shall notify the applicant in writing and specify the grounds for denial. If the grounds are subject to correction by the applicant, the notice shall so state and specify a reasonable period of time within which the applicant shall make the required correction.

(2) The applicant may submit an application for reconsideration to the board within 30 days from the date of receipt of the denial.

(b) The board shall issue a license to all licensees that shall be at least 8″ x 10″ in size and shall be displayed on a wall of the workplace of the licensee. This license shall be deemed property of the state and subject to forfeiture to the state upon revocation.

(c) All licenses issued or renewed under this article shall be valid for a period from the date of issuance until October 31.
Ala. Code § 15-10-46 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-46
Section 15-10-46 Copy of Arrest Writ to Be Delivered to Jailer
Status: in_force

When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of the writ, which copy is as good authority for the detention of the defendant as the original writ.
Ala. Code § 15-10-110 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-110
Section 15-10-110 Definitions
Status: in_force

(a) For the purposes of this article the following terms shall have the following meanings:

(1) FACIAL BIOMETRIC DATA. A unique numerical representation of an individual’s face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.

(2) FACIAL RECOGNITION TECHNOLOGY. Any computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric data, searches for matching facial biometric data in a database populated with many individuals’ facial biometric data linked to personally identifiable information, and provides match results based on the similarity between the unknown individual’s facial biometric data and the facial biometric data in the database.
Ala. Code § 15-13-215 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-215
Section 15-13-215 Suspension, Revocation, Etc., of License; Renewal of Suspended License
Status: in_force

(a) The board may suspend, revoke, or refuse to issue or renew any license issued by it upon finding that the holder or applicant has committed any of the following acts:

(1) A violation of this article or any rule adopted pursuant to this article.

(2) Fraud, deceit, or misrepresentation regarding an application or license.

(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.

(4) A conviction by a court of competent jurisdiction of a felony.

(5) A conviction by a court of competent jurisdiction of a Class A misdemeanor, if the board finds that the conviction reflects unfavorably on the fitness of the individual for the license.

(6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.

(b) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.
Ala. Code § 15-21-25 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-25
Section 15-21-25 Remand or Commitment to Custody or Restraint for Public Offense When Commitment Irregular
Status: in_force

In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of such an offense, although his commitment was irregular, he may be remanded to the custody or restraint from which he was taken if the person under whose custody or restraint he was is legally entitled thereto; but, if not so entitled, he must be committed to the custody or restraint of the proper officer or person.
Ala. Code § 15-22-36.3 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-36.3
Section 15-22-36.3 Notification of Participation by Inmate in Furlough, Leave, or Program
Status: in_force

Prior to an inmate’s participation in a work release program or supervised reentry program established under Chapter 8 of Title 14, participation in a community punishment and corrections program established under Article 9 of Chapter 18 of this title, participation in the Supervised Intensive Restitution program established under Article 7 of Chapter 18 of this title, or any temporary leave from prison or furlough, notification of the inmate’s participation in such program, leave, or furlough shall be provided to the district attorney and to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 and under the provisions of Section 15-22-36.
Ala. Code § 15-13-6 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-6
Section 15-13-6 Fixing of Bail for Felony; Discharge of Defendant by Sheriff Upon Posting of Bail
Status: in_force

(a) When an indictment is filed in court charging the defendant with a bailable felony and the defendant fails to give bail in open court, the judge of the court must forthwith endorse on such indictment the amount of bail to be required of the defendant. When an application for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has authority, and it is his duty, to discharge such defendant on his giving bail as required.

(b) This section shall not have the effect of preventing application for bail or for reduction of bail in any other manner provided by law.
Ala. Code § 15-13-22 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-22
Section 15-13-22 Qualifications for Bail; Bond Required for Bondsmen; Qualification When Sufficiency of Bail Doubtful
Status: in_force

(a) Each person signing as surety an undertaking of bail must be: (1) A resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount expressed in the undertaking; but the court or magistrate, in taking bail, may allow more than two persons to justify severally as bail in amounts less than that expressed in the undertaking, provided the whole is equivalent to two sufficient bails.

(b) The court or magistrate in taking bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to do a bonding business in this state and authorized to execute the undertaking of bail, to execute such bail.

(c) Every person engaged in the business of making bail bonds and charging therefor, except corporations qualified to do a bonding business in this state, shall be required, in addition to all other requirements of this section, to furnish a bond with corporate surety in the amount of $25,000.00 ($10,000.00 in Cullman County), to be approved by the probate judge of each county in which such person engages in such business, conditioned to guarantee the payment of all sums of money that may become due the state or any political subdivision thereof by virtue of any judgment absolute being rendered against such person on a forfeiture of bail.

(d) Only one such bond set forth in subsection (c) of this section shall be required in each county where such person does business, and the liability of the surety company executing a bond under this section shall not exceed the face amount of such surety bond; provided, however, that the bond may be cancelled as to any future liability at any time by the surety’s giving 30 days’ written notice of such cancellation to the probate judge of the county in which the bond is filed.

(e) When there is a reasonable doubt as to the sufficiency of the bail, they may be required by the court or magistrate to answer fully on oath as to their qualifications.
Ala. Code § 15-21-32 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-32
Section 15-21-32 Proceedings Against Defaulting Witnesses
Status: in_force

If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver it to the clerk of the circuit court of the county in which the examination is had; and the same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement being presumptive evidence of such default.
Ala. Code § 15-9-64 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-64
Section 15-9-64 Trial for Crimes Other Than Those Specified in Requisition
Status: in_force

After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed in Alabama, in addition to those specified in the requisition for his extradition.
Ala. Code § 15-27-13 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-13
Section 15-27-13 Annual Report
Status: in_force

Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report shall not include any case specific identifying information.
Ala. Code § 15-23-66 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-66
Section 15-23-66 No Right to Direct Prosecution
Status: in_force

The rights of the victim do not include the authority to direct the prosecution of the case.
Ala. Code § 15-20-25.2 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-25.2
Section 15-20-25.2 Adult Criminal Sex Offender - Notice of Employment, Enrollment, Etc., at School or Institution of Higher Education
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-13-80 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-80
Section 15-13-80 Failure of Defendant to Appear; Forfeiture of Money Deposited in Lieu of Bail
Status: in_force

(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, appeal or in any other case, is the appearance of the defendant at court; and the undertaking is forfeited by the failure of the defendant to appear, although the offense, judgment or other matter is incorrectly described in such undertaking, the particular case or matter to which the undertaking is applicable being made to appear to the court.

(b) If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to such officer, official or employee authorized by law to receive fines levied by such court. Thereupon the court shall, without any notice to the defendant, enter judgment absolute for the entire sum deposited, and thereupon such money shall become public money of the State General Fund.
Ala. Code § 15-9-34 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-34
Section 15-9-34 Surrender of Person Committing Act in Alabama Resulting in Crime in Another State
Status: in_force

On demand of the executive authority of any other state, the Governor of this state may also surrender any person in this state charged in the other state in the manner provided in Section 15-9-31 with committing an act intentionally resulting in a crime in the other state, and the provisions of this division not otherwise inconsistent shall apply in such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled from that state.
Ala. Code § 15-10-30 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-30
Section 15-10-30 Arrest Without Process When Defendant Present
Status: in_force

After an indictment has been returned by the grand jury, the court may order any defendant who is present and who has not been arrested to be taken into custody without process. When the defendant has given bail prior to the return of an indictment against him for a capital offense, the court may, in its discretion, likewise order him into custody.
Ala. Code § 15-8-131 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-131
Section 15-8-131 Preferring of New Indictment Where Judgment Arrested or Original Indictment Quashed; Entry of Record
Status: in_force

When a judgment is arrested or an indictment quashed on account of any defects therein, because it was not found by a grand jury regularly organized, because it charged no offense or for any other cause, the court may order another indictment to be preferred for the offense charged or intended to be charged, and in such case, an entry of record must be made setting forth the facts.
Ala. Code § 15-21-19 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-19
Section 15-21-19 Proceedings When Person Not Produced on Account of Sickness or Infirmity
Status: in_force

When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the court or judge before whom the writ is returnable may proceed to decide on the return as if the party had been produced if satisfied of such sickness or infirmity, may proceed to the place where he is imprisoned or detained and there make the examination or may adjourn the examination to another time.
Ala. Code § 15-20A-17 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-17
Section 15-20A-17 Adult Sex Offender - Loitering in Certain Areas; Requirements for Entering K-12 School Property or Attending K-12 School Events
Status: in_force

(a)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall loiter on or within 500 feet of the property line of any property on which there is a school, childcare facility, playground, park, athletic field or facility, school bus stop, college or university, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.

(2) Under this subsection, loiter means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose. An adult sex offender does not violate this subsection unless he or she has first been asked to leave a prohibited location by a person authorized to exclude the adult sex offender from the premises. An authorized person includes, but is not limited to, any law enforcement officer, security officer, any owner or manager of the premises, a principal, teacher, or school bus driver if the premises is a school, childcare facility, or bus stop, a coach, if the premises is an athletic field or facility, or any person designated with that authority.

(3) For purposes of this subsection, a school bus stop is any location where a motor vehicle owned or operated by or on behalf of a public or private school stops on a regular basis for the purpose of transporting children to and from school.

(b)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall enter onto the property of a K-12 school while school is in session or attend any K-12 school activity unless the adult sex offender does all of the following:

a. Notifies the principal of the school, or his or her designee, before entering onto the property or attending the K-12 school activity.

b. Immediately reports to the principal of the school, or his or her designee, upon entering the property or arriving at the K-12 school activity.

c. Complies with any procedures established by the school to monitor the whereabouts of the sex offender for the duration of his or her presence on the school property or attendance at the K-12 school activity. For a public K-12 school, the local school board shall adopt a policy to effectuate this section.

(2) Procedures established to effectuate this subsection are limited to rules that allow the principal of the school, or his or her designee, to discreetly monitor the adult sex offender.

(3) For the purposes of this subsection, a K-12 school activity is an activity sponsored by a school in which students in grades K-12 are the primary intended participants or for whom students in grades K-12 are the primary intended audience including, but not limited to, school instructional time, after school care, after school tutoring, athletic events, field trips, school plays, or assemblies.

(c) Any person who knowingly violates subsection (a) or subsection (b) shall be guilty of a Class C felony.
Ala. Code § 15-8-52 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-52
Section 15-8-52 Joinder of Offenses in Same Count
Status: in_force

When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative.
Ala. Code § 15-20-32 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-32
Section 15-20-32 Procedures Upon Escape of Criminal Sex Offender
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-22-115 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-115
Section 15-22-115 Liability Under Article; Legal Claims; Privileged Records
Status: in_force

Nothing in this article, nor any determination made by the Alabama Board of Pardons and Paroles pursuant to this article, shall give rise to any liability from any act or omission of any governmental entity or otherwise give rise to any legal claim, suit, or action, including for reparations to a surviving family member of a person pardoned under this article or to a posthumously pardoned person’s estate. All Board of Pardons and Paroles’ files and records created and maintained pursuant to this article shall be subject to the absolute governmental privilege created by subsection (b) of Section 15-22-36.
Ala. Code § 15-10-71 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-71
Section 15-10-71 Application for Removal Order; Granting of Order
Status: in_force

The sheriff of the county where such person is triable, upon receipt of such notification, shall apply to the district court of his county for a removal order. The district court to whom the application is presented shall grant the same upon a finding that a removal order is in the interest of justice.
Ala. Code § 15-23-74 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-74
Section 15-23-74 Right to Present Evidence, Statement, Etc., During Sentencing or Restitution Proceedings
Status: in_force

The victim has the right to present evidence, an impact statement, or information that concerns the criminal offense or the sentence during any pre-sentencing, sentencing, or restitution proceeding.
Ala. Code § 15-5-1 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-1
Section 15-5-1 “Search Warrant” Defined
Status: in_force

A “search warrant” is an order in writing in the name of the state signed by a judge, or by a magistrate authorized by law to issue search warrants, and directed to the sheriff or to any constable of the county, commanding him to search for personal property and bring it before the court issuing the warrant.
Ala. Code § 15-12-2 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-2
Section 15-12-2 Determination as to Indigent Defense Systems to Be Used in Circuit, District and Municipal Courts
Status: reserved

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
Ala. Code § 15-20A-12 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-12
Section 15-20A-12 Adult Sex Offender - Homelessness
Status: in_force

(a) An adult sex offender who no longer has a fixed residence shall be considered homeless and shall appear in person and report such change in fixed residence to local law enforcement where he or she is located immediately upon such change in fixed residence.

(b) In addition to complying with the registration and verification requirements pursuant to Section 15-20A-10, a homeless adult sex offender who lacks a fixed residence, or who does not provide an address at a fixed residence at the time of release or registration, shall report in person once every seven days to law enforcement agency where he or she resides. If the sex offender resides within the city limits of a municipality, he or she shall report to the chief of police. If the adult sex offender resides outside of the city limits of a municipality he or she shall report to the sheriff of the county. The weekly report shall be on a day specified by local law enforcement and shall occur during normal business hours.

(c) A homeless adult sex offender who lacks a fixed address shall comply with the residence restrictions set forth in Section 15-20A-11.

(d)(1) Each time a homeless adult sex offender reports under this section, he or she shall provide all of the following information:

a. Name.

b. Date of birth.

c. Social Security number.

d. A detailed description of the location or locations where he or she has resided during the week.

e. A list of the locations where he or she plans to reside in the upcoming week with as much specificity as possible.

(2) The registering agency is not required to obtain the remaining required registration information from the homeless adult sex offender each time he or she reports to the registering agency unless the homeless adult sex offender has any changes to the remaining required registration information.

(e) If an adult sex offender who was homeless obtains a fixed residence in compliance with the provisions of Section 15-20A-11, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county of residence.

(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-13-138 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-138
Section 15-13-138 Conditions for Which It Shall Be Mandatory for the Court to Set Aside Forfeiture
Status: in_force

The court shall set aside the conditional forfeiture in its entirety for the following reasons or under the following circumstances:

(1) If the sureties can show that the defendant was hospitalized at the time he or she was to appear in court, or if the sureties can produce sufficient evidence that the defendant was not able to attend court for reason of illness, by producing a doctor’s certificate or letter to that effect. The hospitalization may be in or out of this state . For the sureties to take advantage of this subdivision , they shall put the court on notice that the situation exists either prior to the issuance of the conditional forfeiture order or with in 30 days after legal service of the conditional forfeiture on the sureties. After receiving notice, the court may continue the case to a future date it deems proper and just for the defendant to appear. If at that time the defendant is still not able to attend court for the same reason, then it shall be the burden of the sureties to produce the evidence within the same prescribed time. This section does not bar the court from the issuance of a bench warrant for the defendant in cases where the court feels that documents of proof do not reflect the truth, or where the court has reason to believe the defendant may appear and he or she is using the documents of proof as an excuse to avoid appearance.

(2) If the sureties show that the defendant was confined in jail or in the custody of another jurisdiction in this state or any other state, at the time of his or her original appearance or on the date of the issuance of the conditional forfeiture order, or if the surety shows that the defendant is still confined in any jail in this state or any other state, or in the custody of another jurisdiction within this state or any other state, or in the custody of another jurisdiction within the continental United States, including United States federal jurisdiction, the court shall set aside the conditional forfeiture and continue the case until a time after the end of that confinement. If the court later learns that the defendant is free from confinement before the confinement was supposed to end, then the court, with notice to the sureties, may reset the case and the burden shall be on the sureties to produce the defendant for the hearing or the court may issue another conditional forfeiture.

(3) If the sureties show the defendant is deceased.

(4) If the sureties show the defendant was serving on active duty in one of the military services of the United States.
Ala. Code § 15-10-8 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-8
Section 15-10-8 When Notice of Arrest for Capital Felony to Be Given to Governor or Chief Justice
Status: in_force

Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody of such prisoner to notify the Governor or Chief Justice of the Supreme Court at once of the arrest of such person. An officer failing to give such notice as soon as possible after the arrest of such prisoner is guilty of a misdemeanor.
Ala. Code § 15-20A-16 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-16
Section 15-20A-16 Adult Sex Offender - Contact with Former Victims
Status: in_force

(a) No adult sex offender shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic means, any former victim.

(b) No adult sex offender shall knowingly come within 100 feet of a former victim.

(c) No sex offender shall make any harassing communication, directly or indirectly, in person or through others, by phone, mail, or electronic means to the victim or any immediate family member of the victim.

(d) A petition to exclude an adult sex offender from the requirements of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall exclude an adult sex offender from the provisions of this section provided that:

(1) The victim appears in court at the time of the hearing and requests the exemption in writing in open court.

(2) The court finds by clear and convincing evidence that the victim’s court appearance and written request pursuant to subdivision (1) were made voluntarily.

(3) The victim is over the age of 19 at the time of the request.

(4) The district attorney or prosecuting attorney shall be notified of the hearing and shall have the right to be present and heard.

(e) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases a petition filed shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46.

(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-5-5 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-5
Section 15-5-5 Issuance of Warrant
Status: in_force

If the judge or the magistrate is satisfied of the existence of the grounds of the application or that there is probable ground to believe their existence, he must issue a search warrant signed by him and directed to the sheriff or to any constable of the county, commanding him forthwith to search the person or place named for the property specified and to bring it before the court issuing the warrant.