Ala. Code § 15-21-10 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-10
Section 15-21-10 Writ Not to Be Disobeyed for Want of Form or Misdescription; Writ Presumed Addressed to Recipient
Status: in_force

A writ of habeas corpus must not be disobeyed on account of any want of form or any misdescription of the person to whom it is addressed, and it must be presumed to have been addressed to the person on whom it is served, notwithstanding any mistake in the name or address.
Ala. Code § 15-9-32 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-32
Section 15-9-32 Investigation of Demand
Status: in_force

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Ala. Code § 15-21-1 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-1
Section 15-21-1 Persons Entitled to Prosecute Writ - Generally
Status: in_force

Any person who is imprisoned or restrained of his liberty in the State of Alabama on any criminal charge or accusation or under any other pretense whatever, except persons committed or detained by virtue of process issued by a court of the United States or by a judge thereof in cases of which such courts have exclusive jurisdiction under the laws of the United States or have acquired exclusive jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas corpus according to the provisions of this chapter to inquire into the cause of such imprisonment or restraint.
Ala. Code § 15-21-18 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-18
Section 15-21-18 Person and Original Detaining Warrant, Writ, Etc., to Be Produced with Return; Exception
Status: in_force

At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according to the command of the writ, and the original warrant, writ or other written authority under which he was detained; but, if from sickness or infirmity the party cannot be produced without danger, that fact must be stated in the return, verified by oath and, if required, established by other sufficient evidence.
Ala. Code § 15-22-24.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-24.1
Section 15-22-24.1 Board of Pardons and Paroles -- Certificate of Employability
Status: in_force

(a) The Board of Pardons and Paroles shall create a certificate of employability that shall be issued by the board to individuals under the custody of the Department of Corrections who meet eligibility criteria established by the board, by rule, which demonstrates an individual’s achievements toward successful reentry into the workforce. The eligibility criteria shall include consideration of:

(1) An individual’s disciplinary record while in the custody of the Department of Corrections;

(2) Successful completion of designated programs or development of a useful skill set while in the custody of the Department of Corrections; and

(3) Any other factor the board deems relevant to an individual’s qualification for the certificate.

(b) The Board of Pardons and Paroles shall notify individuals in the custody of the Department of Corrections of the possibility to earn a certificate of employability. Prior to being released on parole, the board shall determine whether an individual meets the eligibility criteria and if so, issue a certificate of employability when the individual is released from the custody of the department for use in obtaining employment.

(c) An individual required to register as a sex offender pursuant to Chapter 20A of Title 15 or convicted of a violent offense, as defined in Section 12-25-32, is ineligible to be issued a certificate of employability.

(d) The Board of Pardons and Paroles shall revoke a certificate of employability if the individual to whom the certificate of employability was issued is convicted of a felony offense committed after the issuance of the certificate of employability.

(e)(1) In a judicial or administrative proceeding alleging negligent hiring, a certificate of employability issued to an individual pursuant to this section may be introduced as evidence of an employer’s due care in hiring that individual if the employer knew of the certificate at the time of the alleged negligent hiring.

(2) In any proceeding on a claim against an employer for negligent hiring based upon the prior conviction of an employee, a certificate of employability issued to an individual pursuant to this section shall provide immunity for the employer with respect to the claim of negligent hiring if the employer knew of the certificate at the time of the alleged negligent hiring. This subdivision does not provide immunity to the employer for other claims related to the conduct of the employee.

(3) The revocation of a certificate of employability does not affect the right of an employer to rely on the validity of the certificate of employability at the time of hiring unless the employer knew before the individual was employed that the certificate of employability was fraudulent or was revoked.

(f) An employer who hires an individual who has been issued a certificate of employability may be held liable in a civil action based on or relating to the retention of the individual as an employee only if:

(1) The individual, after being hired, demonstrates a danger to others or is convicted of a felony;

(2) The plaintiff proves by a preponderance of the evidence that the individual having hiring and firing responsibility for the employer had actual knowledge that the employee demonstrated a danger to others or was convicted of a felony; and

(3) That the individual having hiring and firing responsibility, upon having actual knowledge that the individual demonstrated a danger to others, nonetheless retained the individual as an employee.

(g) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the state, consistent with Section 36-1-12, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any certificate of employability.

(h) This section shall not apply to any board governed by Chapter 9, Chapter 23, or Chapter 24 of Title 34.
Ala. Code § 15-16-42 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-42
Section 15-16-42 Final Hearing Following Finding of Probable Cause
Status: in_force

Whenever the court finds probable cause pursuant to Section 15-16-41, the court shall hold a final hearing within 30 days to determine whether the defendant shall be involuntarily committed.
Ala. Code § 15-24-7 — Alabama Code / Title 15 / Chapter 24 / Section 15-24-7
Section 15-24-7 Information Gained Under Chapter Inadmissible on Issue of Guilt
Status: in_force

No information gained as a result of the provisions of this chapter shall be admissible in evidence either for or against the defendant on the issue of guilt in any criminal proceeding.
Ala. Code § 15-10-92 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-92
Section 15-10-92 Furnishing of Fingerprinting Equipment Generally
Status: in_force

The county commissions of the several counties in this state shall furnish to the sheriffs of the respective counties, at county expense, such equipment as may be required for the purpose of this article other than fingerprint cards and envelopes.
Ala. Code § 15-10-74 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-74
Section 15-10-74 Arrest Powers of Peace Officer in Fresh Pursuit
Status: in_force

(a) This section shall be known as the Alabama Fresh Pursuit Act.

(b) “Fresh pursuit” as used in this section does not necessarily mean instant pursuit but it does mean pursuit without unreasonable delay.

(c) The authority of any peace officer of this state whose arrest powers are otherwise limited to a political subdivision or subdivisions of this state, shall extend throughout the county and into any adjacent county when the officer is in fresh pursuit of a person or persons to be arrested for a misdemeanor. Such authority shall extend throughout the state when the officer is in fresh pursuit of a person or persons to be arrested for a felony. Following such pursuit, the arrest powers of the officer in a political subdivision or subdivisions other than his own shall be the same in all respects as the arrest powers the officer has in his own political subdivision.

(d) This section shall not be construed to restrict or limit in any way other statutory or common-law arrest powers that any peace officer of this state has when acting as an officer or as a private citizen.
Ala. Code § 15-23-10 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-10
Section 15-23-10 Compensation for Economic Loss Resulting from Criminal Conduct - Hearing Required Generally; Procedure in Contested Cases; Settlement by Consent Order, Etc
Status: in_force

(a) Every party to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence in reply to any matter of an evidentiary nature in the record relevant to the claim.

(b) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice pursuant to regulations promulgated by the commission. A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the commission.

(c) The commission may, without a hearing, settle a claim by stipulation, agreed settlement, consent order or default.
Ala. Code § 15-22-30 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-30
Section 15-22-30 Charging Parolees Residing in Community Residential Facilities for Room and Board
Status: in_force

(a) The State Board of Pardons and Paroles is authorized to charge each parolee resident of a community residential facility a monthly amount for room and board which shall not exceed 25 percent of the adjusted gross monthly income of the parolee; provided, that under hardship circumstances such charge may be waived for a parolee resident upon written recommendation by the director of the facility.

(b) The proceeds from any charges collected under the provisions of this section shall be paid into the State Treasury to the credit of the General Fund and shall be used exclusively for funding the community residential facilities program of the State Board of Pardons and Paroles.

(c) The State Board of Pardons and Paroles is hereby authorized to promulgate and effect all rules and regulations necessary to implement the provisions of this section.
Ala. Code § 15-23-22 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-22
Section 15-23-22 Penalties - Unauthorized Control Over Money or Securities of Commission
Status: in_force

(a) Any person who shall knowingly obtain or exert any unauthorized control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Class C felony.

(b) Any person who shall knowingly obtain by deception any control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Class C felony.
Ala. Code § 15-16-60 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-60
Section 15-16-60 Short Title
Status: in_force

This article shall be entitled “The Criminal Psychopath Release Restriction Act.”
Ala. Code § 15-12-26 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-26
Section 15-12-26 Contract Counsel System - Selection and Appointment of Counsel
Status: in_force

(a) The director may recommend that a contract counsel system be used as the method to provide indigent defense services within a circuit or part thereof. The indigent defense advisory board shall be consulted and make a determination on the selection and appointment of contract counsel for the circuit. The director may appeal the determination of the indigent defense advisory board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final.

(b) If an indigent defense advisory board chooses to explore a contract counsel system within a circuit or part thereof, the indigent defense advisory board shall follow the procedures of the director for requesting and accepting applications or proposals for such contracts and shall make a recommendation for contract counsel to the director. The indigent defense advisory board shall also provide the director with any other information reasonably requested by the director regarding such contract counsel.

(c) After a determination by the indigent defense advisory board, the director shall award the contracts to an attorney, firm, association, corporation, or partnership of lawyers.

(d) Each contract counsel chosen by the director shall be employed pursuant to a contract containing terms and conditions as deemed necessary between the attorney, firm, association, corporation, or partnership, as the case may be, and the office.
Ala. Code § 15-5-55 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-55
Section 15-5-55 Wireless Communications Service Provider to Provide Location Information in Certain Emergency Situations
Status: in_force

(a) This section shall be known and cited as the Kelsey Smith Act.

(b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules of Criminal Procedure, who is on duty and acting in the course of his or her official duties at the time of the request, a wireless communications service provider shall provide call location information concerning the telecommunications device of a user to the requesting law enforcement officer as soon as practicable after receipt of the request and after a showing that an emergency situation exists at the time of the request by the law enforcement officer.

(c) A law enforcement officer shall not request information pursuant to this section unless the request is made for the specific purpose of responding to a call for emergency services or in an emergency situation that involves the risk or threat of death or serious physical harm.

(d) A wireless communications service provider may establish protocols by which the carrier voluntarily discloses call location information.

(e) A wireless communications service provider, or any employee thereof, that provides information regarding call location information is immune from civil and criminal liability if acting in a reasonable manner and pursuant to this section.

(f) Pursuant to this section or as authorized by Section 15-5-40, a law enforcement officer, while located in the State of Alabama may monitor or obtain the location information of a device from a wireless communications provider no matter the location of the device, even if such device is transported throughout or outside of the State of Alabama, subject to any limitation or prohibition provided by federal law.

(g) The Alabama State Law Enforcement Agency may obtain contact information from all wireless service providers authorized to do business in this state to facilitate a request from a law enforcement agency for call location information under this section. The Alabama State Law Enforcement Agency shall disseminate the contact information to each state and local law enforcement agency in this state.

(h) The provisions of 18 U.S.C. §2707, as adopted by Section 15-5-40, may be applicable to this section as the person making the request, in addition to any other appropriate law or rule.

(i) All such requests pursuant to this section shall either be in writing and signed by the requesting law enforcement officer, or, if made orally, the request shall be documented at the earliest possible time thereafter and signed by the requesting law enforcement officer. The original request or documented request, or a copy thereof, shall be retained by the custodian of records for the law enforcement agency where the requesting law enforcement officer is employed. The documentation shall not be destroyed and shall be held as a permanent record. The open records requirements of Section 36-12-40, shall apply only to the name of the law enforcement officer making the request and the date the request was made, and only after the conclusion of the criminal investigation or criminal prosecution. All requests retained pursuant to this section shall be available to the Attorney General, the Secretary of the Alabama State Law Enforcement Agency, or the local district attorney at any time.
Ala. Code § 15-9-100 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-100
Section 15-9-100 Transfer of Foreign Nationals Imprisoned in Alabama to Country of Citizenship
Status: in_force

When a treaty is in effect between the United States and a foreign country that provides for the transfer of convicted offenders who are citizens or nationals of the foreign country, the Governor of Alabama or the Commissioner of the Department of Corrections, if designated by the Governor, may consent to the transfer of the convicted offenders who are under the jurisdiction of the Department of Corrections to the place or jurisdiction specified in the treaty. The Governor may take any other action necessary to initiate the participation of this state in the treaty.
Ala. Code § 15-18-61 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-61
Section 15-18-61 Confession of Judgment by Prosecutor for Costs
Status: in_force

When the costs are imposed on the prosecutor, he may confess judgment for the same, with good and sufficient sureties; and, failing to do so or to pay the same presently, he must be imprisoned in the county jail or sentenced to hard labor for the county for 10 days.
Ala. Code § 15-18-1 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-1
Section 15-18-1 Legal Punishments; Sentencing; Liability of Department of Corrections for Costs
Status: in_force

(a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the penitentiary, which includes hard labor for the state, and death.

(b) In all cases in which the period of imprisonment in the penitentiary or hard labor for the county is more than three years, the judge shall sentence the party to imprisonment in the penitentiary. In all cases of conviction for felonies in which imprisonment or hard labor is for more than 12 months and not more than three years, the judge may sentence the party to imprisonment in the penitentiary, confinement in the county jail, or to hard labor for the county, at his or her discretion, any other provision of law to the contrary notwithstanding. In all cases in which the imprisonment or sentence to hard labor is 12 months or less, the party shall be sentenced to imprisonment in the county jail or to hard labor for the county. No misdemeanor prisoner may be sentenced to the penitentiary.

(c) This section shall not be construed to relieve the Department of Corrections of any responsibility imposed upon it by law to make payment of costs under any provisions of law applicable thereto.
Ala. Code § 15-20A-48 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-48
Section 15-20A-48 Relation to Other Laws
Status: in_force

(a) For the purposes of Sections 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal sex offense involving a child shall mean a conviction for any sex offense in which the victim was a child under the age of 12 or any offense involving child pornography.

(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child’s attorney for the juvenile sex offender, of the pending release of the sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26.

(c) For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original jurisdiction to try any individual who is 18 years of age or older and violates any of the juvenile criminal sex offender provisions of subdivision (1) of subsection (b) of Section 15-20A-27.

(d) For the purpose of Section 13A-5-6(c), an offender is designated a sexually violent predator pursuant to Section 15-20A-19.

(e) For the purpose of Sections 36-18-24(b)(6) and 36-18-25(c)(1), sexual offenses shall include, but not be limited to, those offenses pursuant to Section 15-20A-5.

(f) For the purpose of Section 32-6-49.24, a person who is registered as a sex offender or convicted of a crime that requires registration as a sex offender is a person who is required to register as a sex offender pursuant to this chapter. A crime or offense that requires registration as a sex offender shall include, but not be limited to, those offenses pursuant to Section 15-20A-5.

(g) For the purpose of Sections 38-13-2 and 38-13-4, a sex crime shall also include any offense listed in this chapter pursuant to Section 15-20A-5.
Ala. Code § 15-2-3 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-3
Section 15-2-3 Venue - Offense Commenced in State and Consummated Elsewhere
Status: in_force

When the commission of an offense commenced in the State of Alabama is consummated without the boundaries of the state, the offender is liable to punishment therefor in Alabama; and venue in such case is in the county in which the offense was commenced, unless otherwise provided by law.
Ala. Code § 15-19-3 — Alabama Code / Title 15 / Chapter 19 / Section 15-19-3
Section 15-19-3 Trial - Sessions to Be Separate from Adult Trials
Status: in_force

The trial of youthful offenders and proceedings involving them shall be conducted at court sessions separate from those for adults charged with crime.
Ala. Code § 15-22-74 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-74
Section 15-22-74 Work and Educational Releases; Revocation; Deemed Escapee
Status: in_force

Any prisoner released to work or further his education or training who violates any condition of his release as prescribed by the board may have such privilege revoked by the board. Any prisoner released to work or further his education or training who fails to return to city jail within the time prescribed by the parole board may, in addition, be deemed an escapee and shall be punished as such if said failure to return to city jail is willful.
Ala. Code § 15-16-63 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-63
Section 15-16-63 Department Must Give Notice of Opinion That Defendant Is No Longer Mentally Ill, Poses No Threat of Substantial Harm, Etc.; Inclusion in Notice of Conditional Release Plan
Status: in_force

Whenever the department or other facility with custody of a defendant is of the opinion that the defendant is no longer mentally ill, or that the defendant no longer poses a real and present threat of substantial harm to himself or to others by being at large, or no longer poses a real and present threat of substantial harm to himself or to others by being at large if certain conditions are imposed upon his release, the department or other facility shall give notice in writing to the court of that opinion. The department or other facility shall contemporaneously send copies of that notice to: the district attorney; the regional or community mental health facility which is or may be involved if the defendant is released; and the defendant, or his guardian, or his attorney. The department may include in such notice a conditional release plan if the department deems such a plan appropriate.
Ala. Code § 15-22-42 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-42
Section 15-22-42 Definitions
Status: in_force

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

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

(2) GERIATRIC INMATE. A person 60 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who requires assistance with a necessary daily life function and poses a low risk to the community, and who does not constitute a danger to himself or herself or society.

(3) NECESSARY DAILY LIFE FUNCTION. Eating, breathing, toileting, walking, or bathing.

(4) PERMANENTLY INCAPACITATED INMATE. A state inmate who satisfies both of the following:

a. Is unable to perform one and requires assistance with one or more necessary daily life functions or who is completely immobile.

b. Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community.

(5) TERMINALLY ILL INMATE. A state inmate who has an incurable condition caused by illness or disease which would, with reasonable medical judgment, produce death within 12 months, and who does not constitute a danger to himself or herself or society.
Ala. Code § 15-6-25 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-25
Section 15-6-25 Discharge of Defendant; Commitment to Jail; Contents of Commitment Warrant
Status: in_force

(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged; and, if not given, the circuit, district or municipal court judge must commit him to jail until he gives the same, specifying in the warrant of commitment the cause thereof, the time he is required to keep the peace, towards whom particularly and the sum in which security is required.

(b) Any person committed under the provisions of subsection (a) of this section may be discharged by the sheriff of the county in which he is detained upon entering into an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required by the circuit, district or municipal court judge.
Ala. Code § 15-5-19 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-19
Section 15-5-19 Penalty for Procuring Maliciously and Without Probable Cause
Status: in_force

Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Ala. Code § 15-23-9 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-9
Section 15-23-9 Compensation for Economic Loss Resulting from Criminal Conduct - Collateral Source Contribution Not Required
Status: in_force

The commission shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving or was entitled to receive such benefits prior to the occurrence giving rise to the claim under the provisions of this article; provided, however, no applicant shall be denied compensation solely because such applicant is entitled to income from a collateral source.
Ala. Code § 15-13-20 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-20
Section 15-13-20 Entry in Minutes When Taken in Open Court; Form of Entry
Status: in_force

When bail is taken in open court, it must be entered in the minutes, and may be as follows:
Ala. Code § 15-23-60 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-60
Section 15-23-60 Definitions
Status: in_force

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

(1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial.

(2) APPELLATE PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.

(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.

(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave, passes, and furloughs.

(5) COURT. All state courts including juvenile courts.

(6) CRIME VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity that receives public funding primarily to provide counseling, treatment, or other supportive assistance to crime victims.

(7) CRIMINAL OFFENSE. Conduct that gives a law enforcement officer or prosecutor probable cause to believe that a felony involving physical injury, the threat of physical injury, or a sexual offense, or any offense involving spousal abuse or domestic violence has been committed.

(8) CRIMINAL PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court but does not include a lineup, grand jury proceeding, or other matter not held in the presence of the court.

(9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections, juvenile detention facility, Department of Youth Services, the Board of Pardons and Paroles, or a secure mental health facility having custody of a person who is arrested or is in custody for a criminal offense.

(10) DEFENDANT. A person or entity that is formally charged by complaint, indictment, information, or petition, of committing a criminal offense.

(11) FINAL DISPOSITION. The ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal, or imposition of a sentence.

(12) IMMEDIATE FAMILY. The spouse, parent, child, sibling, or grandparent of the victim, unless that person is in custody for an offense or is the accused.

(13) LAWFUL REPRESENTATIVE. A person who is designated by the victim, who is a member of the immediate family, or appointed by the court and who will act in the best interests of the victim.

(14) POST-ARREST RELEASE. The discharge of the accused from confinement on recognizance, bond, or other condition.

(15) POST-CONVICTION RELEASE. Parole, or discharge from confinement by an agency having custody of the prisoner.

(16) POST-CONVICTION RELIEF PROCEEDING. A hearing, argument, or other matter that is held in any court and that involves a request for relief from a conviction, sentence, or adjudication.

(17) PRISONER. A person who has been convicted or adjudicated of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the Alabama Department of Corrections, Department of Youth Services, juvenile detention facility, a municipal jail, or a secure mental health facility.

(18) RIGHT. Any right granted to the victim by the laws of this state.

(19) VICTIM. A person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the spouse, sibling, parent, child, or guardian of the person, except if the person is in custody for an offense or is the accused.
Ala. Code § 15-7-3 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-3
Section 15-7-3 Warrant of Arrest - When Issued
Status: in_force

If the judge or magistrate is reasonably satisfied from such deposition that the offense complained of has been committed and that there is reasonable ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest.
Ala. Code § 15-22-20 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-20
Section 15-22-20 Board of Pardons and Paroles - Creation; Composition; Compensation. (Amended by Act 2026-403)
Status: in_force

AMENDED BY ACT 2026-403, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) There shall be a Board of Pardons and Paroles which shall consist of three members. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, or economic diversity of the state. At least one member shall be a current or former law enforcement officer with a minimum of 10 years’ experience in or with a law enforcement agency which has among its primary duties and responsibilities the investigation of violent crimes or the apprehension, arrest, or supervision of the perpetrators thereof.

(b) Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment by the Governor, with the advice and consent of the Senate, from a list of five qualified persons nominated by a board consisting of the Lieutenant Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The nominating board shall as soon as practicable after a vacancy occurs, whether for an expired or unexpired term, meet and select by majority vote the names of five persons to be submitted to the Governor. The board shall immediately submit its nominations to the Governor, who shall make his or her appointment from the list within 10 days. Appointees shall begin serving immediately upon appointment, until confirmed or rejected by the Senate. Appointments made at times when the Senate is not in regular session shall be effective ad interim. Any appointment made by the Governor while the Senate is in regular session must be submitted to the Senate not later than the third legislative day following the date of the appointment; any appointment made while the Senate is not in regular session shall be submitted not later than the third legislative day following the reconvening of the Legislature in regular session. If the Senate fails to vote on an appointee’s confirmation before adjourning sine die during the regular session in which the appointee is appointed, the appointee is deemed to be confirmed.

(c) Members of the board shall be appointed for terms of six years commencing on July 1 in the years 1953, 1955, and 1957, and shall serve until their successors are appointed and qualified. Any person appointed to fill the vacancy for an unexpired term shall vacate the office upon the expiration of that unexpired term.

(d) The Governor shall designate one of the members as chair, and the chair shall preside at sessions of the board.

(e) Each member shall take the constitutional oath of office and shall be subject to impeachment for any of the causes specified in Section 173 of the Constitution; and the procedure in cases of impeachment shall be in the manner provided by Section 175 of the Constitution; provided, however, that in the event the Governor shall determine that any member of the board is incapacitated by reason of physical or mental disability or illness to the extent that the member cannot efficiently perform the duties of his or her office, he or she shall direct the Attorney General to proceed to the determination of that issue in an inquisition proceeding instituted by him or her in the Circuit Court of Montgomery County, Alabama. In the event the issue is determined in the court against the board member, the court shall declare the office vacant, and the same shall be vacated and a successor appointed, as provided in this section.

(f) Two members of the board shall constitute a quorum for the transaction of the official business of the board.

(g) The members of the board shall hold no other office of profit during their incumbency.

(h) The annual compensation of the chair and each associate member of the Board of Pardons and Paroles shall be an amount as is provided by law. The salaries shall be paid in equal installments from the State Treasury in the same manner that salaries of other state officers are paid.
Ala. Code § 15-13-113 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-113
Section 15-13-113 Effect of Undertaking: to What Extent Binds Parties Thereto
Status: in_force

The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant in court on the day fixed in the bond or undertaking, from day to day of such session, and from day to day of each session thereafter, until the defendant is discharged by law, and if the trial is removed to another county, for the appearance of the defendant from day to day of each session of the court to which the defendant is removed until discharged by law.
Ala. Code § 15-18-82 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-82
Section 15-18-82 When, Where, and by Whom Executions Conducted
Status: in_force

(a) Where the sentence of death is pronounced against a convict, the sentence shall be executed at any hour on the day set for the execution, not less than 30 nor more than 100 days from the date of sentence, as the court may adjudge, by lethal injection unless the convict elects execution by electrocution or nitrogen hypoxia as provided by law. If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection. If lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia.

(b) Executions shall take place at the William C. Holman unit of the prison system at Atmore in a room or area arranged for that purpose. It shall be the duty of the Department of Corrections of this state to provide the necessary facilities, instruments, and accommodations to carry out the execution.

(c) The warden of the William C. Holman unit of the prison system at Atmore or, in case of his or her death, disability, or absence, his or her deputy, shall be the executioner. In the case of execution by lethal injection, the warden, or in the case of his or her death, disability, or absence, his or her deputy, may designate an employee of the unit to administer the lethal injection. In the event of the death or disability or absence of both the warden and deputy, the executioner shall be that person appointed by the Commissioner of the Department of Corrections.
Ala. Code § 15-7-1 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-1
Section 15-7-1 “Complaint” Defined
Status: in_force

A “complaint” is an allegation made before a proper judge or magistrate that a person has been guilty of a designated public offense.
Ala. Code § 15-23-70 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-70
Section 15-23-70 Right to Refuse Defendant’s Request for Interview
Status: in_force

The victim has the right to refuse a request by the defendant, the attorney of the defendant, or by any other person acting on behalf of the defendant, for an interview or other communication with the victim.
Ala. Code § 15-3-4 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-4
Section 15-3-4 Unlawful Taking or Using Temporarily of Property
Status: in_force

A prosecution for unlawfully taking or using temporarily the property of another must be commenced within 30 days after the commission of the offense.
Ala. Code § 15-23-82 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-82
Section 15-23-82 Clerk of Court to Accept and Disburse Restitution
Status: in_force

The clerk of the court is authorized and shall accept partial payments from defendants when directed to do so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse restitution to victims or the authorized recipient, including partial periodic payments as ordered under any judgment, decree, or order of the circuit or district court, pursuant to Section 15-18-65 et seq. The disbursements shall be made to the victims or the authorized recipient no later than the time provided in Rule 4, Alabama Rules of Judicial Administration. The clerk of the court shall, at the end of each month, provide to the district attorney and probation office a list of the names of defendants who are delinquent in their restitution payments under a court-approved installment plan or any other deferred-payment time period specified by the court in its sentencing order.
Ala. Code § 15-18-62 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-62
Section 15-18-62 Imprisonment for Failure to Pay Fines and Costs
Status: in_force

In cases of willful nonpayment of the fine and costs, the defendant shall either be imprisoned in the county jail or, at the discretion of the court, sentenced to hard labor for the county as follows:

(1) If the fine and costs do not exceed two hundred fifty dollars ($250), no more than 10 days;

(2) If the fine and costs exceed two hundred fifty dollars ($250) but do not exceed five hundred dollars ($500), no more than 20 days;

(3) If the fine and costs exceed five hundred dollars ($500), but do not exceed one thousand dollars ($1,000), no more than 30 days; and

(4) For every additional one hundred dollars ($100) or fractional part thereof, 4 days.
Ala. Code § 15-4-6 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-6
Section 15-4-6 Right of Coroner to Administer Oaths
Status: in_force

Coroners shall have the right to administer oaths to persons on preliminary examinations provided for by this chapter.
Ala. Code § 15-12-40 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-40
Section 15-12-40 Establishment of Public Defender Office; Selection and Appointment of Attorneys
Status: in_force

The indigent defense advisory board may establish a public defender office as a method to provide indigent defense services within a circuit or any part thereof.

For each new term, and to fill any vacancy, the director may select and appoint a public defender for a circuit. The indigent defense advisory board shall be consulted and have the right to recommend the selection and appointment of a public defender for the circuit. Attorneys appointed hereunder as public defenders shall be licensed to practice law in Alabama at the time of the appointment or by the time he or she assumes office.
Ala. Code § 15-6-42 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-42
Section 15-6-42 Examination Anew on Appeal; Disposition of Case; Costs
Status: in_force

The court to which an appeal is prosecuted under the provisions of this article must examine the case anew and may confirm the order of the judge, discharge the appellant or require him to enter into a new undertaking, with sufficient sureties, to keep the peace in such sum and for such term as the court thinks proper, and it may make such order in relation to the costs of the prosecution as seems just, which may be enforced by execution.
Ala. Code § 15-18-116 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-116
Section 15-18-116 Forty-Hour Workweek Required
Status: in_force

Each inmate participating in the program shall participate in a 40-hour workweek of paid private employment, public service work program, or a combination of both.
Ala. Code § 15-8-4 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-4
Section 15-8-4 Formal Defects Not Fatal
Status: in_force

An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the defendant on the trial.
Ala. Code § 15-5-16 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-16
Section 15-5-16 Restoration of Taken Property to Defendant; Property to Be Forwarded to Court If Not Restored
Status: in_force

(a) If it appears that the property taken is not the same as that described in a search warrant or that there is no probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be restored to the person from whom it was taken.

(b) If the property is not directed to be restored under the provisions of subsection (a) of this section, the judge or the magistrate shall annex together the search warrant, the return and the depositions and return them to the court having power to inquire into the offense in respect to which the search warrant was issued.
Ala. Code § 15-5-60 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-60
Section 15-5-60 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Comprehensive Criminal Proceeds Forfeiture Act.
Ala. Code § 15-23-76 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-76
Section 15-23-76 Right to Be Present and Heard at Court Proceeding
Status: in_force

It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with the proceeding. The right of the victim to be heard may be exercised, where authorized by law, at the discretion of the victim, through an oral statement or submission of a written statement.
Ala. Code § 15-13-133 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-133
Section 15-13-133 Provisions of Sureties Address for Service
Status: in_force

It shall be the sole responsibility of any defendant or surety on bail to notify in writing the clerk of any court to which bail is returnable of the proper address for any service or notices and if the address is changed, then a new written notice is required by the defendant or sureties. Any address provided on the bond form executed by the defendant or sureties shall be the written notice to the clerk.
Ala. Code § 15-25-35 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-35
Section 15-25-35 Notice to Adverse Party
Status: in_force

The proponent of the statement must inform the adverse party of the opponent’s intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered.
Ala. Code § 15-10-43 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-43
Section 15-10-43 Alias and Pluries Writs
Status: in_force

As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without an order.
Ala. Code § 15-16-2 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-2
Section 15-16-2 Presumption of Responsibility for Acts; Burden of Proving Irresponsibility
Status: in_force

Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reasonable satisfaction of the jury.
Ala. Code § 15-9-39 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-39
Section 15-9-39 Confinement of Prisoner
Status: in_force

The officer or person executing a Governor’s warrant of arrest under this division or the agent of the demanding state to whom the prisoner may have been delivered may confine the prisoner in the jail of any county or city through which he may pass when necessary. The keeper of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping.
Ala. Code § 15-27-21 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-21
Section 15-27-21 Admissibility of Expungement Records in Criminal Trials
Status: in_force

A certified record of an expungement is admissible in a criminal trial, subject to the Alabama Rules of Criminal Procedure and the Alabama Rules of Evidence. Prior to the introduction of an expungement by any party, the court shall conduct an in-camera hearing to determine its admissibility.
Ala. Code § 15-20A-26 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-26
Section 15-20A-26 Juvenile Sex Offender - Treatment; Risk Assessment
Status: in_force

(a) Upon adjudication of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex offender treatment by a sex offender treatment program or provider approved by the Department of Youth Services.

(b) Upon completion of sex offender treatment, the juvenile sex offender shall be required to undergo a sex offender risk assessment. The treatment provider shall provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and the juvenile probation office not less than 60 days prior to the projected release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public or immediately upon completion of the risk assessment if the juvenile sex offender is not in a facility where the juvenile sex offender does not have unsupervised access to the public.

(c) Upon receiving the risk assessment, the juvenile probation office shall provide a copy of the risk assessment to the state and either the attorney for the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender. In addition, the juvenile probation office shall immediately notify the attorney for the juvenile sex offender and either the parent, guardian, or custodian of the pending release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public.

(d) Within 60 days of receiving the risk assessment, the court shall conduct a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.

(e) No juvenile sex offender shall be removed from the supervision of the juvenile court until such time as the juvenile sex offender has completed treatment, the treatment provider has filed a risk assessment with the sentencing court, and the sentencing court has conducted a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.
Ala. Code § 15-23-23 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-23
Section 15-23-23 Certain Persons Deemed Ineligible for Compensation
Status: in_force

Any person who shall perpetrate any criminally injurious conduct on the person of another or who shall be convicted of a felony after making application to the Alabama Crime Victims Compensation Commission for compensation shall not be eligible or entitled to receive compensation pursuant to any provision of this article.
Ala. Code § 15-8-30 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-30
Section 15-8-30 Statement of Time
Status: in_force

It is not necessary to state the precise time at which an offense was committed in an indictment; but it may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless time is a material ingredient of the offense.
Ala. Code § 15-13-131 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-131
Section 15-13-131 Proceeding in Forfeiture of Bail; Conditional Forfeitures Order; Disposition of Funds
Status: in_force

(a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to the court prior to the hearing, the court shall order a conditional forfeiture and show cause order against the defendant and the sureties of the bail. The court shall notify defendant and sureties of the order as set out in this article. The defendant or sureties, or both, shall file a written response with the clerk of the court within 30 days after the date of service of the notice why the bond should not be forfeited. If a written response is filed within the time allowed and the court is of the opinion the written response is sufficient, the court shall set aside the conditional forfeiture. If the court is of the opinion the written response is not sufficient, the court shall set a hearing to determine whether the bond should be forfeited. The hearing shall not be set less than 120 days after the service of the conditional forfeiture order. If no written response has been filed after 30 days from the date of service of the notice, the court may enter an appropriate order or final judgment forfeiting all or part of the amount of the bond which shall be enforceable as any civil judgment. The court may take into consideration the circumstances provided to the court and continue any final forfeiture hearing to another day and time allowing the sureties more time to apprehend the defendant.

(b) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited as cash bail, a conditional judgment shall be rendered by the court in favor of the state or its subdivisions, for the use of the proper city, county, or state, against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:

(State of or City of) Charge: _______vs Case No. ______A.B.___________ C.D.___________ E.F. (Sureties)__________

It being known to the court that A.B., together with (Sureties) _____ , agreed to pay the State of Alabama (or City of _____,) _____ dollars (the sum specified in the undertaking), unless A.B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case and A.B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered by the court that the State of Alabama (or City of _____,) for the use of _____ State (or City), recover of the defendant and sureties on the undertakings, the sum of _____ dollars (the sum specified in the undertaking), unless they file a written response and show cause why this judgment should not be made absolute with in 30 days after the date of service of this conditional forfeiture order.

(c) The state shall remit one-half of the funds it receives under subsections (a) and (b) 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 § 15-20A-44 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-44
Section 15-20A-44 Rulemaking Authority. (Amended by Acts 2026-375 and 2026-544)
Status: in_force

AMENDED BY ACTS 2026-375 AND 2026-544, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules establishing an administrative hearing for persons who are only made subject to this chapter pursuant to subdivision (35) of Section 15-20A-5.

(b) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules setting forth a listing of offenses from other jurisdictions that are to be considered criminal sex offenses under subdivision (35) of Section 15-20A-5. Thereafter, any individual convicted of any offense set forth in the listing shall immediately be subject to this chapter and shall not be entitled to an administrative hearing as provided in subsection (a).

(c) The Secretary of the Alabama State Law Enforcement Agency may adopt any rules as are necessary to implement and enforce this chapter.
Ala. Code § 15-22-33 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-33
Section 15-22-33 Discharge from Parole; Relief from Reports; Permission to Leave State or County
Status: in_force

No person released on parole shall be discharged from parole prior to the expiration of the full maximum term for which he or she was sentenced unless the Board of Pardons and Paroles chooses to discharge the parolee earlier based on review of the parolee under guidelines established pursuant to subdivision (6) of subsection (b) of Section 15-22-37 and the parolee was not convicted of a violent offense, as defined in Section 12-25-32, or a violation of Section 13A-8-2.1. The Board of Pardons and Paroles, however, may relieve a prisoner on parole from making further reports and may permit such prisoner to leave the state or county if satisfied that this is for the best interests of society.
Ala. Code § 15-18-142 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-142
Section 15-18-142 Definitions
Status: in_force

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

(1) PERSON.

a. A human being.

b. A public or private corporation, an unincorporated association, a partnership, or other entity established by law.

c. A government or governmental instrumentality, including, but not limited to the State of Alabama or any political subdivision thereof.

(2) RESTITUTION. An amount of money ordered by a court to be paid to a clerk or other person by a defendant for the use and benefit of a victim of the defendant’s criminal offense.

(3) DEFENDANT. A person, as defined, who has been ordered by a court to pay restitution.

(4) CRIMINAL OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.

(5) EMPLOYMENT INCOME. Wages, salary, tips, commissions, bonuses, any and all money due or payable to which a defendant is or may be entitled based upon remuneration for employment, past, present or future, less deductions therefrom required to be withheld by law.

(6) OTHER INCOME.

a. Any money or any negotiable instruments or any portion thereof to which a defendant is or may be entitled from the sale, transfer, conveyance, or assignment of any real or personal property or other thing of value.

b. Any money or any negotiable instrument or any portion thereof to which the defendant is or may be entitled, directly or indirectly, as a result of profits, fees, rents, refunds, rebates, commissions, gifts, bequests, devises, annuities, dividends, royalties, money or property on deposit or in escrow or trust, interest, accounts receivable, choses in action or other transactions.

(7) ASSETS. Any money, legal tender, real or personal property or other thing of value to which the defendant is or may be entitled less and except any exemption established by law for a person other than a defendant.

(8) EMPLOYER. A person who owes or will owe any wages, salary, tips, commissions, bonuses, or money to defendant as remuneration for employment, past, present, or future, after deducting any amounts required to be withheld by law.

(9) COURT. Any circuit or district court of this state.

(10) CLERK OF THE COURT or CLERK. Any circuit court clerk, circuit court register, district court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court’s clerical duties, including the receipt and disbursement of restitution payments, or another person, other than the victim, designated by the court to receive or distribute the payment of restitution.

(11) VICTIM. A person designated by a court in a restitution order to receive restitution.
Ala. Code § 15-15-25 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-25
Section 15-15-25 When Plea Not Accepted
Status: in_force

If the court, after hearing a plea of guilty by a defendant and the testimony offered, is of opinion that no offense has been committed or is not satisfied beyond a reasonable doubt that the defendant is guilty, then the court may order the defendant recommitted to jail to await the action of the grand jury, may release the defendant on bond in an amount to be fixed by the court or may order the defendant to be discharged.
Ala. Code § 15-21-24 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-24
Section 15-21-24 Grounds for Discharge of Person in Custody Under Process Legally Issued
Status: in_force

If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where:

(1) The jurisdiction of such court has been exceeded, either as to matter, place, sum or person;

(2) Though the original imprisonment was lawful, the party has become entitled to his discharge by reason of some subsequent act, omission or event;

(3) The process is void in consequence of some defect in matter or substance required by law;

(4) The process, though in proper form, was issued in a case or under circumstances not allowed by law;

(5) The process is not authorized by any judgment, order or decree nor by any provision of the law; or

(6) The person who has the custody of him under any order or process is not the person authorized by law to detain him.
Ala. Code § 15-21-28 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-28
Section 15-21-28 Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc
Status: in_force

Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains any prisoner, either to the prisoner himself or to any other person who applies for the same on his behalf, for six hours after demand is made, forfeits to the prisoner $200.00, and is also guilty of a misdemeanor, on conviction of which he shall be fined not less than $50.00 nor more than $500.00; but no officer is required to deliver more than two copies of such order, writ, warrant or process.
Ala. Code § 15-23-84 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-84
Section 15-23-84 Failure to Provide Right or Notice Not Grounds for Setting Aside Sentence
Status: in_force

The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside.
Ala. Code § 15-27-19 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-19
Section 15-27-19 Rulemaking Authority
Status: in_force

The Alabama Justice Information Commission shall adopt rules for the submission of data from criminal justice agencies necessary to complete the criminal history record within the state criminal history repository. Data within the repository shall include all records allowed by federal regulation of state repositories.
Ala. Code § 15-18-149 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-149
Section 15-18-149 Employment Income Withholding Order - Person Complying Protected from Actions for Wrongful Conversion, Etc
Status: in_force

Any person who complies with any order or other process issued pursuant to the provisions of this article shall not in any way be held liable to the defendant or other person claiming any rights derived from the defendant for wrongful withholding or wrongful conversion of any asset or income.
Ala. Code § 15-22-27 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-27
Section 15-22-27 Pardon or Parole of Person Having Death Sentence Commuted to Life Imprisonment
Status: in_force

(a) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a pardon unless sufficient evidence is presented to the Board of Pardons and Paroles to satisfy it that the person was innocent of the crime for which he or she was convicted, the board votes unanimously to grant the person a pardon, and the Governor concurs in and approves the granting of the pardon.

(b) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a parole.

(c) This section shall not be construed to deny any person whose sentence of death has been commuted the right to apply to the courts of this state for any remedy that the person is entitled to under the laws of Alabama.

(d) The Board of Pardons and Paroles shall not grant a parole or pardon to a person whose sentence of death has been commuted by the Governor unless the provisions of subsection (a) are applicable.
Ala. Code § 15-23-43 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-43
Section 15-23-43 Waiver of Protection; Exception for Suit Against Counselor by Victim
Status: in_force

(a) A victim does not waive the protections afforded by this article by testifying in court about the crime.

(1) However, if the victim partially discloses the contents of a confidential communication in the course of testifying, then either party may request the court to rule that justice requires the protections of this section be waived, to the extent they apply to that portion of the communication.

(2) Any waiver shall apply only to the extent necessary to require any witness to respond to counsel’s questions concerning the confidential communication that are relevant to the facts and circumstances of the case.

(b) A victim counselor cannot waive the protections afforded to a victim under this section. However, if a victim brings suit against a victim counselor or the agency, business, or organization in which the victim counselor was employed or served as a volunteer at the time of the counseling relationship and the suit alleges malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim and is not liable for doing so.
Ala. Code § 15-4-9 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-9
Section 15-4-9 Issuance and Execution of Arrest Warrant for Accused; Appearance of Accused Before Judge
Status: in_force

(a) If a jury summoned under this chapter finds that the deceased came to his death by the act of another by unlawful means, the coroner may issue a warrant of arrest for such person, which may be executed in the same manner as provided in Chapter 7 of this title.

(b) When arrested, the person must be brought before the district court of the county in which the inquest was held, and the district court judge must proceed to examine the charge and commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of such chapter.
Ala. Code § 15-13-60 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-60
Section 15-13-60 Extent Undertaking Binds Parties Thereto
Status: in_force

The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant on the day fixed in the bond or undertaking from day to day of such session and from day to day of each session thereafter, until he is discharged by law and, if the trial is removed to another county, for the appearance of the defendant from day to day of each session of the court to which it is removed until discharged by law.
Ala. Code § 15-22-27.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-27.1
Section 15-22-27.1 Parole of Persons Convicted of Certain Felonies or Attempts and Having Been Previously Convicted of Felonies or Attempts Resulting in Serious Physical Injury
Status: in_force

Any person convicted of any act, or attempt to commit the act, of murder, rape, robbery or assault with a deadly weapon, the commission of which directly and proximately resulted in serious physical injury to another and the commission of which follows within five years a previous conviction of another felony, or attempt thereof, resulting in serious physical injury to another, shall upon conviction serve such sentence as may be imposed without benefit of parole, notwithstanding any law to the contrary.
Ala. Code § 15-20-26.1 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-26.1
Section 15-20-26.1 Adult Criminal Sex Offender - Electronic Monitoring
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-22-113 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-113
Section 15-22-113 Conditions; Petition; Hearing
Status: in_force

(a) A person convicted of a Class A or Class B felony in this state shall be a candidate for a posthumous pardon if all of the following conditions are satisfied:

(1) He or she is deceased.

(2) The person’s circumstances of conviction provide a compelling reason or reasons to consider granting a posthumous pardon to remedy social injustice.

(3) He or she did not receive a pardon for his or her felony conviction at issue from this state while living.

(4) The acts forming the basis for his or her felony conviction or convictions at issue were committed at least 80 years prior to the date of the petition.

(b) A petitioner may petition the board to consider granting a posthumous pardon for a specific compelling reason or reasons for the purpose of remedying social injustice evident by the person’s circumstances of conviction.

(c)(1) The petition shall include attestations of all of the following:

a. That the petitioner is an eligible petitioner under this article.

b. That the petitioner has personally conducted an intelligent evaluation of the person’s case.

c. The compelling reason or reasons for which the petitioner requests a posthumous pardon for the purpose of remedying social injustice evident by the person’s circumstances of conviction.

d. That all information contained in the petition and any supporting documentation or evidence submitted by the petitioner is believed to be true and accurate.

(2) The petition shall also include supporting documentation or evidence of the compelling reason or reasons supporting the award of a posthumous pardon.

(d) The board shall have no power to grant a posthumous pardon unless the petition specifies a compelling reason or reasons for which the petitioner seeks application for the candidate’s posthumous pardon to remedy social injustice evident by the person’s circumstances of conviction.

(e) Following receipt and review of the petition and supporting documentation or evidence, the board shall conduct a hearing on the petition. The board shall not be required to conduct an investigation to consider or grant a posthumous pardon in accordance with this article, but may rely on the written petition and accompanying documentation or evidence, along with evidence presented at the hearing. The petitioner, public officials, and other witnesses, including members of the public, may testify and present evidence at the hearing in support of or in opposition to the petition. The board shall hold ultimate discretion in granting a posthumous pardon. Upon the unanimous affirmative vote of the board, a posthumous pardon may be issued.

(f) The notification requirements of Sections 15-22-23 and 15-22-36 shall not apply to this article, and the board’s power to grant posthumous pardons shall not otherwise be limited by Sections 15-22-23 and 15-22-36. The board shall provide general notice of a posthumous pardon hearing by publicly posting on the state agency website the name of the posthumous pardon candidate along with the date, time, and location of the hearing.
Ala. Code § 15-15-20.1 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-20.1
Section 15-15-20.1 Non-capital Felony Offense
Status: in_force

(a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant desires to plead guilty as charged or as a youthful offender upon the granting of youthful offender status.

(b) Upon receipt of the written notice from the defendant stating his or her desire to plead guilty, the court shall direct the district attorney to prefer and file an information against the defendant. The information shall be made under oath of the district attorney or a witness, and shall accuse the defendant with the same specificity as required in an indictment of the offense or offenses for which the defendant is charged. This section shall not be construed to preclude the district attorney from amending or dismissing a pending charge against a defendant before the defendant pleads guilty.

(c) Upon the filing of an information, the court shall ascertain whether the defendant has retained counsel, and, shall appoint counsel if the defendant is indigent. The court shall set an arraignment date to enable the defendant to formally enter a plea of guilty in open court. Arraignment may be held and the guilty plea entered at any time after the filing of an information.

(d) The court shall receive and enter the plea of guilty of the defendant, and shall immediately pronounce and enter a judgement of conviction, set a date for sentencing, and thereafter proceed as provided by law.

(e) Upon acceptance from the defendant plea of guilty and pronouncement and entry of judgment and sentencing, the defendant shall have a right of appeal from the action of the court.

(f) In district court, a record of the defendant’s plea of guilty shall be kept by mechanical or electronic device. Any exhibits shall be preserved by the court. The record shall be preserved by the court and shall be transcribed by the designee if the defendant gives notice of appeal. The transcript of the defendant’s plea of guilty shall be certified as directed by the court or as required by the Alabama Rules of Appellate Procedure.

(g) If the court does not accept plea of guilty of the defendant or if youthful offender status of the defendant’s application is denied, the court shall:

(1) Order the defendant discharged.

(2) Order the defendant released as provided by law.

(3) Order the defendant held in custody pending action of the grand jury, or until released on bail.

(h) This section supersedes Rule 2.2.(e) of the Alabama Rules of Criminal Procedure.

(i) This section applies to all persons charged with non-capital felonies after its effective date.
Ala. Code § 15-22-21.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-21.1
Section 15-22-21.1 Board of Pardons and Paroles - Deputy Director for Parolee Rehabilitation
Status: in_force

One executive-level employee at the Department of Pardons and Paroles, or its successor agency, shall be known as the Deputy Director for Parolee Rehabilitation. The Deputy Director for Parolee Rehabilitation shall be responsible for the development, implementation, and improvement of programs designed to reduce recidivism.
Ala. Code § 15-9-38 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-38
Section 15-9-38 Right of Arrestee to Be Informed; Application for Writ of Habeas Corpus; Penalty for Violation of Section
Status: in_force

(a) No person arrested upon a warrant of arrest issued under this division shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of the demand made for his surrender, the crime with which he is charged and that he has the right to demand legal counsel.

(b) If the prisoner, his friends or counsel shall state that he or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit court in this state, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

(c) Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor’s warrant in disobedience of this section shall be guilty of a misdemeanor, and on conviction shall be fined not more than $1,000.00 or be imprisoned not more than six months or both.
Ala. Code § 15-2-27 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-27
Section 15-2-27 Issuance of Subpoenas for Trial Witnesses
Status: in_force

At any time before the delivery of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses must be issued, on the application of either the defendant or the district attorney, by the clerk of the court in which the indictment was found, commanding such witnesses to appear at the court to which the trial is removed, which subpoenas must be executed by the sheriff and returned to the clerk of the latter court; and the clerk of the court to which the trial is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
Ala. Code § 15-22-26.2 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-26.2
Section 15-22-26.2 Mandatory Supervision Period on Certain Sentences
Status: in_force

(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under this chapter:

(1) If the defendant is sentenced to a period of five years or less, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than three months and no more than five months prior to the defendant’s release date.

(2) If the defendant is sentenced to a period of more than five years but less than 10 years, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than six months and no more than nine months prior to the defendant’s release date.

(3) If the defendant is sentenced to a period of 10 years or more, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than 10 months and no more than 12 months prior to the defendant’s release date.

(b) This section shall not apply to a defendant convicted of any sex offense involving a child, as defined in Section 15-20A-4.

(c) Prior to the defendant’s release to supervision pursuant to this section, notice of the release shall be provided by the department to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2.

(d)(1) An offender released to supervision pursuant to this section shall be released to the supervision of the Board of Pardons and Paroles and shall be subject to this article.

(2) The board shall determine the level of supervision required for an offender based on the results of a validated risk and needs assessment.

(e)(1) An offender released pursuant to this section shall be subject to electronic monitoring for a period of time determined by the Director of Pardons and Paroles.

(2) The board shall be responsible for the costs of the electronic monitoring as required by this subsection.

(3) It shall be a Class D felony for any individual to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this subsection.

(f) This section applies to a defendant in the custody of the department without regard to when he or she was sentenced for or committed the crime.
Ala. Code § 15-18-140 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-140
Section 15-18-140 Short Title
Status: in_force

This article shall be known as and may be cited as “The Alabama Restitution Withholding Act.”
Ala. Code § 15-18-68 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-68
Section 15-18-68 Criteria for Determining Restitution
Status: in_force

(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following:

(1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant.

(2) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court.

(3) The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment.

(4) Any burden or hardship upon the victim as a direct or indirect result of the defendant’s criminal acts.

(5) The mental, physical, and financial well-being of the victim.

(b) When a defendant has been convicted of the following offenses after February 1, 2009, the court may consider the factors enumerated in subsection (a) and shall order restitution to be paid as follows:

(1) When a defendant has been convicted of a capital offense under subsection (a) of Section 13A-5-40, the court shall order restitution for an amount not less than fifty thousand dollars ($50,000) for each conviction under subsection (a) of Section 13A-5-40.

(2) When a defendant has been convicted of rape in the first degree under Section 13A-6-61 and the person has one or more prior convictions under Section 13A-6-61, the court shall order restitution for an amount not less than ten thousand dollars ($10,000) for each conviction under Section 13A-6-61.

(c) Nothing in this section shall limit or impair the right of a person injured by a defendant’s criminal activities to sue or recover damages from the defendant in a civil action. Evidence that the defendant has paid, or has been ordered to pay, restitution pursuant to this section may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in the civil action.
Ala. Code § 15-16-71 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-71
Section 15-16-71 Removal of Conditions of Release or Release Without Conditions After Notice and Hearing
Status: in_force

If at any time after a defendant has been conditionally released, it appears that removal of some of the conditions or release of the defendant without conditions will not cause the defendant to pose a real and present threat of substantial harm to himself or to others by being at large, the court, after a hearing, shall remove the unnecessary conditions, or it shall order the defendant released unconditionally and terminate its jurisdiction over the case, as the case may be. All such hearings shall be preceded by notice to the department and to the parties required to be notified in Section 15-16-63.
Ala. Code § 15-18-65 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-65
Section 15-18-65 Legislative Findings; Purpose and Construction of Article
Status: in_force

The Legislature hereby finds, declares and determines that it is essential to be fair and impartial in the administration of justice, that all perpetrators of criminal activity or conduct be required to fully compensate all victims of such conduct or activity for any pecuniary loss, damage or injury as a direct or indirect result thereof. The provisions of this article shall be construed so as to accomplish this purpose and to promote the same which shall be the public policy of this state.
Ala. Code § 15-23-123 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-123
Section 15-23-123 Sexual Assault Task Force
Status: in_force

(a) The Attorney General shall establish the Sexual Assault Task Force. The task force shall develop, coordinate, and disseminate national protocols, produced by the U.S. Department of Justice, regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.

(b) The task force shall consist of the following members:

(1) Two appointees selected by the Attorney General, with at least one appointee selected from the Alabama Crime Victims’ Compensation Commission.

(2) Two appointees selected by the Governor.

(3) One appointee selected by the District Attorneys Association.

(4) One appointee selected by the Department of Forensic Sciences.

(5) One appointee selected by the Medical Association of the State of Alabama.

(6) Three members of the Senate appointed by the chair of the Senate Judiciary Committee.

(7) Three members of the House of Representatives appointed by the chair of the House Judiciary Committee.

(8) One appointee selected by the Alabama Sheriffs Association.

(9) One appointee selected by the Commissioner of Mental Health.

(10) One appointee selected by the Alabama Hospital Association.

(11) One appointee selected by the Commissioner of the State Department of Human Resources.

(c) The appointing authorities shall coordinate their appointments to assure the task force membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(d) Task force members shall serve without compensation, but may be reimbursed for actual expenses associated with attending meetings by the respective appointing authorities according to applicable law.

(e) The task force shall consult with all of the following:

(1) Stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities.

(2) Representatives of at least three entities with demonstrated expertise in sexual assault prevention, sexual assault victim advocacy, or representation of sexual assault victims, and at least one representative shall be a sexual assault victim.

(f) The task force shall have the following responsibilities specifically regarding the care and treatment of sexual assault survivors and preservation of evidence:

(1) Develop recommendations for improving the coordination of the dissemination and implementation of national protocols, produced by the U.S. Department of Justice, to physicians, hospitals, forensic examiners, medical associations, and leaders in the medical community.

(2) Develop recommendations to promote the coordination of the dissemination and implementation of national protocols, produced by the U.S. Department of Justice, to the Attorney General, the Secretary of the Alabama State Law Enforcement Agency, the Director of the Department of Forensic Sciences, and other leaders in the law enforcement community.

(3) Collect feedback from stakeholders, practitioners, and leadership throughout law enforcement, victim services, forensic science practitioners, and health care communities on ways to best ensure implementation of the national protocols produced by the U.S. Department of Justice.

(4) Perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.

(g) No later than August 1, 2023, the task force shall submit to the Attorney General, the Legislature, and the Governor, a report containing the findings and recommended actions of the task force.
Ala. Code § 15-10-45 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-45
Section 15-10-45 Execution of Writs, Attachments and Other Process in Adjoining County
Status: in_force

All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff or his deputy or any person specifically designated for that purpose in any county adjoining that where such court is in session.
Ala. Code § 15-9-61 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-61
Section 15-9-61 Application by District Attorney to Governor for Requisition; Filing and Forwarding of Papers and Requisition
Status: in_force

(a) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the offense is committed shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person charged, the crime charged against him, the approximate time, place and circumstances of its committal, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certification that, in the opinion of the said district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.

(b) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the court, stating the offense with which the accused is charged.

(c) The district attorney may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application.

(d) One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint or information and affidavit shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition.
Ala. Code § 15-6-26 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-26
Section 15-6-26 Prosecution Costs; Execution for Collection
Status: in_force

In all cases where a person is required to keep the peace, the circuit, district or municipal court judge may order the costs of the prosecution, or any part thereof, to be paid judge other than a judge of an appellate or circuit court issue for the collection of the same.
Ala. Code § 15-9-86 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-86
Section 15-9-86 Article Inapplicable to Mentally Ill Persons
Status: in_force

This article does not apply to any person adjudged to be mentally ill.
Ala. Code § 15-13-213 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-213
Section 15-13-213 Identification Card
Status: in_force

(a) The board shall issue to every bondsman licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain the following information of the licensee:

(1) Name.

(2) Photograph.

(3) Bondsman’s license number.

(4) Expiration date of license.

(b) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.
Ala. Code § 15-16-1 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-1
Section 15-16-1 Defense of Insanity to Be by Special Plea
Status: in_force

When the defense of insanity is set up in any criminal prosecution, it must be by special plea, interposed at the time of arraignment and entered of record upon the docket of the court, which, in substance, shall be “not guilty by reason of insanity.” A plea of insanity shall not preclude the usual plea of the general issue, which shall not, however, put in issue the question of the irresponsibility of the accused by reason of his alleged insanity, this question being triable only under the special plea.
Ala. Code § 15-21-4 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-4
Section 15-21-4 Application to Be Made by Petition; Contents of Petition
Status: in_force

Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief and must state, in substance, the name of the person on whose behalf the application is made, that he is imprisoned or restrained of his liberty in the county, the place of such imprisonment, if known, the name of the officer or person by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the petition or the petition must allege that a copy thereof has been demanded and refused or must show some sufficient excuse for the failure to demand a copy.
Ala. Code § 15-10-10 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-10
Section 15-10-10 Where Warrant to Be Executed; Endorsement When Executed in Different County
Status: in_force

Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein by any law enforcement officer having the warrant or writ. The law enforcement officer shall summon the assistance of local law enforcement if possible to assist in making the arrest and only then may exercise the same authority as the officer possesses in his or her own county or jurisdiction.
Ala. Code § 15-9-45 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-45
Section 15-9-45 Arrest Without Warrant - Forfeiture of Bail
Status: in_force

If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the court, by proper order, shall declare the bond forfeited, and recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
Ala. Code § 15-25-33 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-33
Section 15-25-33 Expert Testimony as to Unavailability of Child to Testify
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-201 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 15-8-33 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-33
Section 15-8-33 How Ownership of Property Alleged
Status: in_force

When any property, upon or in relation to which an offense was committed, belongs to several partners or owners, it is sufficient to allege in an indictment the ownership to be in any one or more of such partners or owners; or when the property is quasi-public property or belongs to an association, society or collection of individuals, such as churches, meetinghouses, schoolhouses, lodges, etc., it shall not be necessary for the indictment to allege ownership, but it shall be sufficient to describe such property by the name by which it is commonly known or in any other manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed.
Ala. Code § 15-13-127 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-127
Section 15-13-127 Bondsman’s Processes Have Certified Copy of Undertaking Attached
Status: in_force

The clerk shall see that all bondsman’s processes have a certified copy of the undertaking attached to them. If there has been a conditional forfeiture taken by the court, then the clerk shall attach a copy of the conditional forfeiture to the warrant. There shall be no charge to the sureties for the issuance of a bondsman’s process.
Ala. Code § 15-6-24 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-24
Section 15-6-24 Requiring Security to Keep the Peace by Defendant; When Court Appearance Required; Form of Undertaking
Status: in_force

(a) If there is just reason to fear the commission of an offense, the defendant must be required to give security to keep the peace, in such sum as the circuit, district or municipal court judge may direct, towards all the people of this state, particularly the person against whom or whose property there is reason to fear the offense may be committed, for such time as the judge may direct, though not more than 12 nor less than six months; but the defendant must not be required to appear at any court unless he has actually committed an offense cognizable in such court.

(b) The undertaking to keep the peace may be, in substance, as follows: “The State of Alabama,} We (here insert the names of the defendant and his sureties), agree to pay to the ___________ County.} State of Alabama $1,000.00 (or such sum as the judge directs) if the said (here insert name of the defendant) does not keep the peace for 12 months (or as the case may be) from this undertaking, towards all the citizens of this state, and particularly towards (here insert the name of the person against whom or whose property, there is reason to fear the commission of the offense).

Approved, L. M., (Circuit, District or Municipal) Judge.”
Ala. Code § 15-18-86 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-86
Section 15-18-86 Procedure When Condemned Female Believed Pregnant
Status: in_force

(a) If there is reason to believe that a female convict is pregnant, the sheriff must, with the concurrence of a judge of the circuit court, summon a jury of six disinterested persons, as many of whom must be physicians as practicable. The sheriff must also give notice to the district attorney or, in his absence, to any attorney who may be appointed by a circuit judge to represent the state and who has authority to issue subpoenas for witnesses.

(b) The jury, under the direction of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy and must state their conclusion in writing, signed by them and the sheriff. If such jury is of opinion, and so find, that the convict is with child, the sheriff or officer acting in his place must suspend the execution of the sentence and transmit the finding of the jury to the Governor.

(c) Whenever the Governor is satisfied that such convict is no longer with child, he must issue his warrant to the sheriff appointing a day for her to be executed according to her sentence, and the sheriff or other officer must execute the sentence of the law on the day so appointed.
Ala. Code § 15-14-20 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-20
Section 15-14-20 Election by Jointly Indicted Defendants
Status: in_force

When two or more defendants are jointly indicted, they may be tried either jointly or separately, as either may elect.
Ala. Code § 15-12-23 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-23
Section 15-12-23 Appointment and Compensation of Counsel - Post-Conviction Proceedings
Status: in_force

(a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal offenses including proceedings for habeas corpus or other post-conviction remedies, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel through an indigent defense system approved by the office to represent and assist indigent defendants if it appears to the court that the indigent defendant is unable financially or otherwise to obtain the assistance of counsel and desires the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the right of the indigent defendant.

(b) In proceedings filed in the district or circuit court involving the life and liberty of those persons charged or adjudicated for juvenile offenses including proceedings for habeas corpus or other post-conviction remedies, and in post-trial motions or appeals in the proceedings, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel through the indigent defense system for such cases to represent and assist those persons so charged or adjudicated if it appears to the court that the person charged or adjudicated is unable financially or otherwise to obtain the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the rights of the person, or court appointed counsel is otherwise required by law or rule of court.

(c) It shall be the duty of the counsel as provided in subsections (a) and (b) as an officer of the court and a member of the bar to represent and assist the indigent defendant in the proceedings.

(d) Any appointed counsel shall be entitled to receive for his or her services a fee to be approved by the office. The amount of the fee shall be based on the number of hours spent by counsel in working on the proceedings. The fee shall be computed at the rate of seventy dollars ($70) per hour for time reasonably expended on the proceedings. The total fees to counsel for the proceedings shall not exceed one thousand five hundred dollars ($1,500). Notwithstanding the foregoing, the maximum amount may be waived by the director for good cause shown. Counsel shall also be entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the court as necessary for the indigent defense services and as a reasonable cost or expense. Reimbursable expenses shall not include overhead expenses. Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the court as necessary for the indigent defense services and as a reasonable cost or expense. Retrials of any case shall be considered a new case for billing purposes. Upon review, the director may authorize interim payment of the attorney fees or expenses, or both.

(e) Claim for the fee shall be submitted, approved, and paid in the same manner as provided in subdivision (3) of Section 15-12-22.
Ala. Code § 15-11-5 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-5
Section 15-11-5 Issuance of Alias Arrest Warrant Upon Default
Status: in_force

On the failure of the defendant to appear on the day to which an examination is adjourned, another warrant of arrest may be issued, upon which the same proceedings may be had against the defendant as on the original warrant.
Ala. Code § 15-20-1 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-1
Section 15-20-1 Applicability of Chapter
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-5-15 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-15
Section 15-5-15 Hearing on Controverted Grounds; Authentication of Testimony as to Such Facts
Status: in_force

If the grounds on which a search warrant was issued be controverted, the judge or the magistrate must proceed to hear the testimony, which must be reduced to writing and authenticated in the manner prescribed in Section 15-5-4.
Ala. Code § 15-18-64 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-64
Section 15-18-64 Court to Retain Jurisdiction for Purposes of Collecting Court-Ordered Fines, Fees, Costs, or Restitution
Status: in_force

(a) In every instance, the court shall retain jurisdiction of any person who reaches the end of his or her sentence, received a termination of supervised or unsupervised parole or supervised or unsupervised probation, or in any way has completed all terms of his or her sentence or incarceration pursuant to Act 2015-185 or any other provision of law for the purposes of the enforcement of a court order related to uncollected court-ordered fines, fees, costs, or restitution, pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.

(b) All interest, fees, or penalties prescribed by law must be attached to any unpaid sums pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
Ala. Code § 15-15-22 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-22
Section 15-15-22 Fixing of Date to Formally Make and Enter Plea; Service of Notice
Status: in_force

When an information has been filed as provided in Section 15-15-21 and counsel employed or appointed, the court shall, by order entered upon the minutes of the court, fix a date for the defendant to formally make and enter his plea of guilty in open court, which date shall not be within 15 days after the arrest of the defendant nor within three days after notice to the court of his intention to plead guilty, and notice of such date shall be served by the sheriff upon the defendant and upon his counsel.
Ala. Code § 15-12-25 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-25
Section 15-12-25 Reimbursement of Fees of Court Appointed Counsel by Defendant; Default
Status: in_force

(a)(1) A court may require a convicted defendant to pay the fees of court appointed counsel. Fees of court appointed counsel for the purposes of this section, shall mean any attorney’s fees and expenses paid an appointed counsel, contract counsel, or public defender.

(2) The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.

(b)(1) When a defendant is ordered to pay the fees of court appointed counsel, the court may grant permission for payment to be made in a specified period of time or in specified installments. If permission is not included in the order these fees shall be payable forthwith.

(2) When a defendant ordered to pay the fees of court appointed counsel is also placed on probation or imposition or execution of sentence is suspended the court may make payment of the fees a condition of probation or suspension of sentence.

(c)(1) When a defendant ordered to pay the fees of court appointed counsel defaults in the payment thereof or of any installment, the court on motion of the district attorney or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his or her appearance.

(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to make payment, the court may find that the default constitutes contempt and may order the defendant imprisoned as otherwise provided by law.

(3) If it appears to the satisfaction of the court that the default in a payment of the fees of court appointed counsel is not contempt, the court may enter an order allowing the defendant additional time for payment, or reducing the amount of each installment, or revoking these fees or the unpaid portion thereof in whole or in part.

(4) A default in the payment of the fees of court appointed counsel or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The issuance of a writ of execution for the collection of these fees shall not discharge a defendant committed to imprisonment for contempt until the amount of these fees has actually been collected.

(d) Moneys collected for fees and expenses incurred by the state in furnishing representation to a convicted defendant shall be collected by the clerk of the court and shall be payable to the Fair Trial Tax Fund, in the same manner as provided in Section 12-19-251.
Ala. Code § 15-8-22 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-22
Section 15-8-22 General Terms Used for Special Statutory Terms
Status: in_force

When a statute creating or defining an offense uses special or particular terms, an indictment on it may use the general term which, in common language, embraces the special term.
Ala. Code § 15-22-29 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-29
Section 15-22-29 Conditions of Parole; Adoption of Rules Concerning Conditions
Status: in_force

(a) The Board of Pardons and Paroles, in releasing an inmate on parole, shall specify in writing the conditions of his or her parole and shall provide a copy of the conditions to the parolee. A parolee who violates the conditions of parole may be subject to arrest and reimprisonment.

(b) The Board of Pardons and Paroles shall adopt general rules regarding the conditions of parole and their violation and may make special rules to govern particular cases. The rules, both general and special, shall include, but are not limited to, all of the following:

(1) The parolee may not leave the state without the consent of the board.

(2) The parolee shall contribute to the support of his or her dependents to the best of his or her ability.

(3) The parolee shall make reparation or restitution for his or her crime.

(4) The parolee shall avoid persons or places of disreputable or harmful character.

(5) The parolee shall follow the instructions of his or her parole officer and shall cooperate with the parole officer.

(6)a. The parolee shall be subject to electronic monitoring for a period of time determined by the Director of Pardons and Paroles.

b. The board shall be responsible for the costs of the electronic monitoring as required by this subdivision.

c. It shall be a Class D felony for any individual to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this subdivision.

(7) The parolee shall submit to behavioral treatment, substance abuse treatment, GPS monitoring, or any other treatment as deemed necessary by the board or the supervising parole officer.

(8) The parolee may not buy, own, or possess a firearm in violation of federal law or in violation of Section 13A-11-72.
Ala. Code § 15-18-74 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-74
Section 15-18-74 Supervision of Parolee’s Restitution
Status: in_force

Whenever an offender in the custody of the Department of Corrections is paroled, the Board of Pardons and Paroles will inform him of the court’s imposition of restitution payments and the supervising parole officer will see that the schedule of payment of restitution is resumed and continued until paid in full.
Ala. Code § 15-5-31 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-31
Section 15-5-31 Search for Dangerous Weapon; Procedure If Weapon or Other Thing Found
Status: in_force

When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
Ala. Code § 15-20A-36 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-36
Section 15-20A-36 Name Change of Offender
Status: in_force

(a) No sex offender shall change his or her name unless the change is incident to a change in the marital status of the sex offender or is necessary to effect the exercise of the religion of the sex offender. Such a change shall be immediately reported to local law enforcement in each county in which the sex offender is required to register. If the sex offender is subject to the notification provisions of this chapter, the reporting of a name change under this section shall invoke notification.

(b) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-13-116 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-116
Section 15-13-116 Surrender of Principal in Open Court
Status: in_force

When the defendant is before the court pertaining to the case(s), the sureties of such bail may surrender the defendant in court by notifying the judge that it is their desire to surrender the defendant. The judge shall then order the sheriff, or other officer who has the duty of taking defendants into custody after conviction, to take custody of the defendant. In such event, the surety is not required to produce a bondsman’s warrant or certified copy of bond to the court.
Ala. Code § 15-13-158 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-158
Section 15-13-158 Cash Bail: Deposit with Clerk
Status: in_force

At any time after an order admitting a defendant to bail, the defendant or another person may deposit with the clerk of the court in which the defendant is held to answer, or the court’s designee, the sum mentioned in the order in cash. A receipt of the moneys issued by the clerk or the court’s designee shall be provided to the person posting the cash bail. A release shall be issued for the defendant and the defendant shall be discharged from custody.
Ala. Code § 15-15-21 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-21
Section 15-15-21 Information Preferred and Filed Against Defendant
Status: in_force

When the desire of a defendant to plead guilty is made known to the court, it shall direct the district attorney of such court to prefer and file an information against such defendant, under the oath of such district attorney or some witness, which information shall accuse the defendant, with the same certainty as an indictment, of the criminal offense for which he is being held.
Ala. Code § 15-12-22 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-22
Section 15-12-22 Appointment and Compensation of Counsel - Appeals
Status: in_force

(a) In all criminal cases where an indigent defendant has an appeal directly to an appellate court and the indigent defendant expresses his or her desire to appeal, the court shall enter a recital of notice of appeal in its minutes.

(b) If it appears that the indigent defendant desires to appeal , is unable financially or otherwise to obtain the assistance of counsel on appeal , and expresses the desire for assistance of counsel, the trial court shall appoint counsel to represent and assist the indigent defendant on appeal through the indigent defense system for such cases. If the trial court fails to appoint counsel and it becomes necessary to further provide for counsel, the presiding judge of the court to which the appeal is taken shall have authority to appoint counsel through the indigent defense system . It shall be the duty of the counsel, as an officer of the court and as a member of the bar, to represent and assist the indigent defendant in the appeal.

(c) (1) If appointed counsel is the appropriate method selected for an indigent defendant for the appeal from a decision in any trial court proceeding, he or she shall be entitled to receive for his or her services a fee to be approved by the office.

(2)a. The amount of the fee shall be based on the number of hours spent by the attorney in working on the prosecution of the appeal and shall be computed at the rate of eighty-five dollars ($85) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.

b. Notwithstanding paragraph a., the total fees awarded to any one attorney in any appeal and any subsequent petition for writ of certiorari shall not exceed five thousand dollars ($5,000) , and shall be in addition to any fees awarded on the trial court level.

c. In those cases where the state takes a pretrial appeal, appointed counsel shall be entitled to bill separately for services on the pretrial and post-trial appeals, up to two thousand five hundred dollars ($2,500) for each appeal.

d. In those cases where a petition for writ of certiorari is filed in the Alabama Supreme Court, counsel shall be entitled to bill separately for all services rendered after the Court of Criminal Appeals or the Court of Civil Appeals overrules the application for rehearing, or after the decision of the Court of Criminal Appeals or the Court of Civil Appeals in the case of a pretrial appeal, up to a separate limit of five thousand dollars ($5,000) .

(3) Notwithstanding subdivision (2) , the maximum amounts set forth in subdivision (2) may be waived by the appropriate appellate court and the director for good cause shown.

(4) Counsel shall also be entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the appellate court as necessary for the indigent defense services and as a reasonable cost or expense and shall be paid directly by the office upon submission from the attorney.

(5) Reimbursable expenses shall not include overhead expenses.

(6) Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the appellate court as necessary for the indigent defense services and as a reasonable cost or expense.

(7) Upon review, the director may authorize interim payment of the attorney fees or expenses, or both.

(8) Within a reasonable time after the disposition of the appeal, not to exceed 120 days, counsel shall submit a bill for services rendered to the office for review and approval and, if approved, the office shall recommend the bill for payment by the state Comptroller.
Ala. Code § 15-2-4 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-4
Section 15-2-4 Venue - Offense Commenced Outside State and Consummated Within State
Status: in_force

When the commission of an offense commenced elsewhere is consummated within the boundaries of the State of Alabama, the offender is liable to punishment in Alabama, although he was out of the state at the commission of the offense charged, if he consummated it in this state through the intervention of an innocent or guilty agent or by any other means proceeding directly from himself; and venue in such case is in the county in which the offense was consummated, unless otherwise provided by law.
Ala. Code § 15-8-35 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-35
Section 15-8-35 Indictment for Forgery of Instrument Destroyed or Withheld
Status: in_force

In an indictment for the forgery of an instrument which has been destroyed or withheld by the act or procurement of the defendant, if that fact is alleged in the indictment, a misdescription of the instrument is immaterial.
Ala. Code § 15-23-12 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-12
Section 15-23-12 When Compensation Not Awarded, Diminished, Etc.; Reconsideration of Award. (Amended by Act 2026-487)
Status: in_force

AMENDED BY ACT 2026-487, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Compensation shall not be awarded in any of the following circumstances:

(1) A claim has been filed with the commission later than one year after the injury or death upon which the claim is based, unless the commission finds there was good cause for the failure to file within that time.

(2) To a claimant who was the offender, or an accomplice of the offender, or who encouraged or in any way participated in the criminally injurious conduct.

(3) If the award would unjustly benefit the offender or accomplice of the offender.

(4) The criminally injurious conduct resulting in injury or death was reported to a law enforcement officer later than 72 hours after its occurrence, unless the commission finds there was good cause for the failure to report within that time.

(b) Compensation otherwise payable to a claimant may be diminished or denied to the extent that the economic loss is recouped from collateral sources; or to the extent that the degree of responsibility for the cause of the injury or death is attributable to the victim as determined by the commission.

(c) The commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw, or reduce an award of compensation.

(d) The commission, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a commission decision for the purpose of judicial review.
Ala. Code § 15-13-141 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-141
Section 15-13-141 Revocation of Authority to Execute Bail by Clerk
Status: in_force

In all cases where a conditional forfeiture has been made final by any court of the state or any of its subdivisions and there has been no further action or request filed with the court, appeal taken or any other litigation of which the court has knowledge has been filed by the surety with the court within 30 days to the clerk of the court of the entry or order of the final judgment and the same has not been paid within 30 days to the clerk of the court, then the clerk shall refuse to accept and approve any bonds from the surety as being insufficient. The clerk shall notify all persons authorized to accept and approve bonds returnable to the court of the action and they shall no longer accept or approve surety on bonds until notified otherwise by the clerk. The clerk shall also notify the circuit clerk of the county who shall notify all other clerks of any courts in the county in writing and the clerks shall refuse to accept or approve any other bonds of the surety and shall notify the other authorized persons having the authority to approve and accept bail returnable to their courts of the action and they shall no longer accept or approve the surety on bail until otherwise notified by the clerk. Refusal by the clerks shall be in writing and shall be known as a “clerk’s revocation of surety.”
Ala. Code § 15-9-43 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-43
Section 15-9-43 Arrest Without Warrant - When Accused to Be Admitted to Bail; Conditions of Bail
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the Governor of this state.
Ala. Code § 15-16-41 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-41
Section 15-16-41 Determination of Necessity for Hearing as to Involuntary Commitment of Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings
Status: in_force

(a) If a defendant in a criminal case is found not guilty by reason of insanity, the court shall determine whether the defendant should be held for a hearing on the issue of his or her involuntary commitment to the Alabama State Department of Mental Health. If the court determines that there is probable cause to believe that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant into the custody of the sheriff until a hearing can be held to determine whether the defendant shall be involuntarily committed. If the court does not make such a determination, then the defendant shall be released from custody.

(b) In determining whether the defendant poses a real and present threat of substantial harm to self or others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
Ala. Code § 15-23-121 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-121
Section 15-23-121 Rights of Sexual Assault Victims
Status: in_force

(a) A sexual assault survivor has the following rights:

(1)a. Not to be prevented from, or charged for, receiving a medical forensic examination.

b. For the purposes of this subdivision, a health care provider may bill a health insurer for providing a medical forensic examination.

(2) To have a sexual assault evidence collection kit or its probative contents preserved by law enforcement agencies, without charge, for at least 20 years or until the survivor reaches 40 years of age if the survivor was a minor when the assault occurred.

(3) Upon request, to be informed by the investigating law enforcement agency, of test results from the sexual assault evidence kit, including a DNA profile match, or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing law enforcement investigation.

(4) Upon written request, to be informed of policies governing the collection and preservation of a sexual assault evidence collection kit.

(5) Upon written request, to receive written notification, from the investigating law enforcement agency with custody of the kit or its probative contents, of the intended destruction or disposal of the kit or its probative contents at least 60 days before the intended destruction or disposal.

(6) Upon written request, to be granted further preservation of the kit or its probative contents for an additional 20 years.

(7) To be informed of the rights under this subsection.

(b) The term sexual assault, as used in this section, is defined as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
Ala. Code § 15-18-7 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-7
Section 15-18-7 Applicability of Sections 15-18-5 and 15-18-6 to Prisoners Presently Incarcerated
Status: in_force

Sections 15-18-5 and 15-18-6 shall be applicable to any prisoner presently incarcerated who comes within the purview of Sections 15-18-5 and 15-18-6.
Ala. Code § 15-22-35 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-35
Section 15-22-35 Cooperation with Courts by Parole Officers
Status: in_force

Parole officers employed by the Board of Pardons and Paroles, in addition to supervision of parolees under the direction of the board, shall cooperate with courts exercising criminal jurisdiction in supervising probationers whose sentences have been suspended or entering of judgment of conviction has been postponed by such courts, and they shall make such reports to the courts as the board, in cooperation with the courts, may direct.
Ala. Code § 15-13-205 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-205
Section 15-13-205 Alabama Professional Bail Bonding Board - President and Vice President. (Amended by Act 2026-542)
Status: in_force

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

At the initial meeting of the board and each time a new member is appointed to the board, the members of the board shall select from among their members a president to preside over meetings of the board, a vice president to preside in the absence of the president, and a secretary.
Ala. Code § 15-10-1 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-1
Section 15-10-1 Officers Authorized to Make Arrests
Status: in_force

An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county.
Ala. Code § 15-5-63 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-63
Section 15-5-63 Proof; Forfeiture Procedures
Status: in_force

The state must prove to the court’s reasonable satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended to be used in, or derived from, a felony offense. Except as provided otherwise in this article, the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290, inclusive, except for the following:

(1) An innocent owner’s or bona fide lienholder’s interest in any type of property shall not be forfeited under this article for any act or omission unless the state proves that the act or omission was committed or omitted with the knowledge or consent of that owner or lienholder.

(2) The state may stipulate that the interest of an innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court exercising jurisdiction over the forfeiture action and the filing of the stipulation shall constitute an admission by the state that the interest is exempt from forfeiture. If a stipulation is submitted, no further claim, answer, or pleading shall be required of the stipulated innocent owner or lienholder, and a judgment shall be entered exempting that interest from forfeiture.

(3) If an answer is filed within 30 days of service by an innocent owner or bona fide lienholder requesting an expedited hearing, the court may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property or proceeds exists. The hearing shall be held within 60 days of the filing of the request for expedited hearing unless continued for good cause. After the hearing, the court may do any of the following:

a. Find probable cause and stay further proceedings until the resolution of any underlying criminal case.

b. Enter a judgment exempting that interest from forfeiture.

c. Order property that has been seized for forfeiture to be sold to satisfy a specified interest of any lienholder, on motion of any party on all of the following conditions:

1. The lienholder has filed a proper claim.

2. The lienholder has a perfected interest in the property.

3. The lienholder is an innocent owner as defined under Section 15-5-62.

(4) Upon order of a court, the lienholder shall dispose of the property by public sale and apply the proceeds from the sale first to obligations to the lienholder secured by the lien, and then to the lienholder’s reasonable expenses incurred in connection with the sale or disposal with the balance of the proceeds, if any, to be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this article.

(5)a. In cases where the property to be forfeited is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other like fungible property, it shall not be necessary for the state to identify the specific property, other than as U.S. currency, cash, monetary instruments in bearer form, or as funds deposited in an account in a financial institution, involved in the offense that is the basis for the forfeiture action. Actual serial numbers or other detailed descriptions are not required.

b. It shall not be a defense that the property involved in such an action has been removed and replaced by identical property.
Ala. Code § 15-24-4 — Alabama Code / Title 15 / Chapter 24 / Section 15-24-4
Section 15-24-4 Affidavit Furnished to Judge, Prosecutor, and Defendant’s Attorney; Use of Affidavit
Status: in_force

The verified affidavit shall be furnished to the trial judge, prosecutor, and defendant’s attorney. Said affidavit may be used in connection with the decisions relative to bail hearings, determination of place of detention, and ultimate disposition of such case.
Ala. Code § 15-26-2 — Alabama Code / Title 15 / Chapter 26 / Section 15-26-2
Section 15-26-2 Physical Presence of Defendant Not Required
Status: in_force

(a) If the court has provided for the use of an audio-video communication system to facilitate communication between the court and the defendant during any pre-trial, bench trial, or post trial proceeding, the physical presence of the defendant in open court during the proceeding shall not be required.

(b) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend its rules to conform with this section and Section 15-26-1.
Ala. Code § 15-13-63 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-63
Section 15-13-63 Arrest of Defendant by Bail After Conditional Judgment
Status: in_force

After the entry of conditional judgment against any surety on an undertaking of bail, he may arrest the defendant as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff shall not exonerate the surety unless, in the judgment of the court, a good and sufficient excuse is given for the failure of the defendant to appear at the time the conditional judgment was entered.
Ala. Code § 15-18-145 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-145
Section 15-18-145 Employment Income Withholding Order - Nature of Order
Status: in_force

Any order issued pursuant to the provisions of this article shall be a continuing order and shall remain in effect and be binding upon the person on whom a copy is served until or unless further orders of the court are issued and served.
Ala. Code § 15-18-76 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-76
Section 15-18-76 Restitution Centers - Establishment and Operation; Cooperation of Counties and Municipalities
Status: in_force

(a) The county commissions of several counties and the governing authorities of municipalities are hereby authorized to cooperate with the State Board of Pardons and Paroles in the establishment of restitution centers. Such centers shall be operated by the State Board of Pardons and Paroles. County or municipal property may be utilized with the approval of the county commission or municipal governing authority for the construction, renovation, and maintenance of facilities owned by the state or a local political subdivision. Such a facility may be furnished or leased to the Board of Pardons and Paroles for a period of time for use as a restitution center.

(b) It is the intent of this section that county and local governments contribute only to the establishment, renovation, furnishing, and maintenance of the physical plant of the restitution center and that the Board of Pardons and Paroles support the operation of and have the responsibility of offenders in such centers. Provided, however, that no provision of this article shall operate so as to deprive the court of its power to revoke probation of residence or the State Board of Pardons and Paroles’ power to revoke parolees housed in the center.
Ala. Code § 15-15-43 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-43
Section 15-15-43 Abatement of Prosecution of Misdemeanor in Circuit Court When Case Commenced and Pending in District or Municipal Court
Status: in_force

(a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a misdemeanor has been first commenced and is still pending in a district court or a municipal court, the prosecution in the circuit court shall be abated on plea.

(b) The plea provided for in subsection (a) of this section must state that the prosecution in the district court or the municipal court was commenced without the agency, request, participation, connivance or authority of the defendant and must be sworn to. Each and every averment of the plea may be traversed and denied; and if, on the trial of the issue, it appears that such prosecution was commenced by the agency, request, participation, connivance or authority of the defendant, then the jury must be instructed, if it finds either of these facts to exist, to find the issue in favor of the state, and the case must proceed to trial in the circuit court, as the case may be.
Ala. Code § 15-5-13 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-13
Section 15-5-13 Contents of Return; Copies to Be Furnished
Status: in_force

In his return of a search warrant to the judge or the magistrate, the officer serving such must specify with particularity the property taken, and the applicant for the warrant and the persons from whose possession the property was taken are entitled to a copy of the return, signed by the judge or the magistrate.
Ala. Code § 15-26A-2 — Alabama Code / Title 15 / Chapter 26A / Section 15-26A-2
Section 15-26A-2 Testimony Via Closed Circuit Equipment by a Victim of or Witness to a Human Trafficking Crime
Status: in_force

(a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any victim of the crime or witness to the crime shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion, the court shall take into consideration the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.

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

(c) Examination and cross-examination of the victim or witness shall proceed as though the victim or witness was testifying in the courtroom. The following individuals may be present in the room with the victim or witness during his or her testimony:

(1) The prosecuting attorney.

(2) The attorney of the defendant.

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

(4) In the discretion of the court, any additional person, including the parent or legal guardian, except the defendant.

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

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

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

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

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

(i) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question the victim or witness on behalf of the pro se defendant if the court finds that there is a substantial likelihood that the victim or witness would experience emotional harm if the defendant were allowed to question the victim or witness.
Ala. Code § 15-20-24 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-24
Section 15-20-24 Adult Criminal Sex Offender - Verification of Residence
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-27-8 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-8
Section 15-27-8 Records Forwarded to and Retained by Alabama State Law Enforcement Agency
Status: in_force

Once the records are expunged pursuant to this chapter, the records shall be forwarded to the Alabama State Law Enforcement Agency in a manner prescribed by the Alabama Justice Information Commission for purposes of archiving, and the records shall be stored in a manner prescribed by the Alabama Justice Information Commission. The records shall be retained by the Alabama State Law Enforcement Agency indefinitely.
Ala. Code § 15-27-18 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-18
Section 15-27-18 Applicants for Position in Law Enforcement, Etc
Status: in_force

Notwithstanding any other provision of this chapter, an applicant for a position in law enforcement or corrections or a law enforcement or correctional officer shall disclose and produce any expunged record pursuant to this chapter or any other state law to the Alabama Peace Officers’ Standards and Training Commission, and the commission shall have access to any expunged records sealed or archived pursuant to this chapter for purposes of certification and regulation of persons as correctional and law enforcement officers.
Ala. Code § 15-23-83 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-83
Section 15-23-83 Assertion of Rights by Attorney General or District Attorney
Status: in_force

The Attorney General or district attorney may assert any right to which the victim is entitled.
Ala. Code § 15-23-71 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-71
Section 15-23-71 Plea Agreement
Status: in_force

The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless:

(1) The prosecuting attorney advises the court that, before requesting the negotiated plea, reasonable efforts were made to confer with the victim.

(2) Reasonable efforts are made to give the victim notice of the plea proceeding, including the offense to which the defendant will plead guilty, the date that the plea will be presented to the court, the terms of any sentence agreed to as part of the negotiated plea, and that the victim has the right to be present.

(3) The prosecuting attorney advises the court that, to the best of his or her knowledge, the notice requirements of this article have been met.
Ala. Code § 15-8-31 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-31
Section 15-8-31 Allegation of Venue Unnecessary; Proof of Same at Trial
Status: in_force

It is not necessary to allege where the offense was committed in an indictment; but it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred.
Ala. Code § 15-23-15 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-15
Section 15-23-15 Amount and Method of Compensation; Future Economic Loss Generally; Exemption from State and Local Taxes, Etc
Status: in_force

(a) Compensation for work loss, replacement services loss, dependent’s economic loss, and dependent’s replacement services loss may not exceed six hundred dollars ($600) per week.

(b) Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed twenty thousand dollars ($20,000) in the aggregate.

(c) The commission may provide for the payment to a claimant in a lump sum or in installments. At the request of the claimant, the commission may convert future economic loss, other than allowable expense, to a lump sum, but only upon a finding by the commission that the award in a lump sum will promote the interests of the claimant.

(d) An award payable in installments for future economic loss may be made only for a period as to which the commission can reasonably determine future economic loss. An award payable in installments for future economic loss may be modified by the commission upon its findings that a material and substantial change of circumstances has occurred.

(e) An award shall not be subject to state or municipal taxation or to execution, attachment, or garnishment, except as the same may pertain to an obligation for the support of dependent children or as the same may pertain to a creditor which has provided products, services, or accommodations, the costs of which are included in the award.

(f) An assignment by the claimant to any future award under the provisions of this article is unenforceable, except any of the following assignments:

(1) An assignment of any award for work loss to assure payment of court-ordered child support.

(2) An assignment of any award for an allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
Ala. Code § 15-23-67 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-67
Section 15-23-67 Right to Be Present Throughout Proceedings
Status: in_force

The victim has the right to be present throughout all criminal proceedings pursuant to Section 15-14-50 et seq.
Ala. Code § 15-25-34 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-34
Section 15-25-34 Corroborative Evidence Prerequisite to Admission of Statement
Status: in_force

Before a statement may be admitted pursuant to this article on the grounds that the declarant is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the act.
Ala. Code § 15-8-20 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-20
Section 15-8-20 Offenses Charged or Described as at Common Law
Status: in_force

In an indictment for an offense which was indictable at common law, the offense may be charged or described as at common law, and the defendant, if convicted, must receive the punishment prescribed by the statute.
Ala. Code § 15-16-23 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-23
Section 15-16-23 Suspending Execution of Death Sentence of Insane Convict; Order Upon Restoration to Sanity; Limitations on Jurisdiction to Suspend Execution
Status: in_force

If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the satisfaction of the trial court that the convict is then insane, such trial court shall forthwith enter an order in the trial court suspending the execution of the sentence to the time fixed in the order; and, if it subsequently is made to appear to the court that such convict, the execution of the sentence of whom has thus been suspended, is restored to sanity, the trial court shall forthwith have another order entered ordering and commanding the execution of the judgment and sentence originally awarded in said court at a time fixed in such order. This mode of suspending the execution of sentence after conviction on account of the insanity of the convict shall be exclusive and final and shall not be reviewed or revised by or renewed before any other court or judge. No court or judge in this state shall have the power or right to suspend the execution of sentence of any other court of record on account of the insanity of the convict. This section shall not prevent the judge or court from impaneling a jury to try the question of insanity or from examining such witnesses as he may deem proper for guidance.
Ala. Code § 15-22-72 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-72
Section 15-22-72 Authority and Duties; Actions in Writing
Status: in_force

The board may remit fines and such costs as are payable to the city, and commute any sentence imposed by the municipal court or any court to which an appeal is taken, may grant paroles and work and educational releases, prescribe the terms upon which persons are paroled or released and may provide for the supervision of persons released on parole. Any period of parole may exceed the length of sentence but shall in no event exceed two years. Failure of any parolee to observe the conditions of his parole as prescribed by the board shall be sufficient cause for the board to revoke such parole.

The board’s actions shall be in writing and shall be available to the governing body of such city and the mayor or other chief executive officer thereof.
Ala. Code § 15-22-40 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-40
Section 15-22-40 When Pardon, Etc., Null and Void
Status: in_force

Any pardon, parole, remission of a fine or forfeiture or restoration of civil and political rights granted, ordered or made contrary to the provisions of this article shall be null and void and shall have no force or effect.
Ala. Code § 15-20A-30 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-30
Section 15-20A-30 Juvenile Sex Offender - Registration with Local Law Enforcement; Residence Restrictions
Status: in_force

(a) Immediately upon release or immediately upon adjudication of delinquency if the juvenile sex offender is not committed, the juvenile sex offender and the parent, custodian, or guardian shall register all required registration information with local law enforcement in each county in which the juvenile sex offender resides or intends to reside.

(b) Whenever a juvenile sex offender establishes a new residence, the juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall immediately appear in person to register all required registration information with local law enforcement in each county of residence.

(c) If the parent, custodian, or guardian of a juvenile sex offender transfers or terminates the residence of the juvenile sex offender, or the custody of the juvenile sex offender is changed to a different parent, custodian, or guardian resulting in a transfer of residence, the original parent, custodian, or guardian with custody shall immediately notify local law enforcement in each county of residence.

(d) Whenever a juvenile sex offender changes any required registration information including, but not limited to, his or her school attendance status, the juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall immediately appear in person to update the required registration information with local law enforcement in each county in which the juvenile sex offender resides.

(e) A juvenile sex offender required to register for life pursuant to Section 15-20A-28 shall appear in person with his or her parent, custodian, or guardian to verify all required registration information during the birth month of the juvenile sex offender and every three months thereafter with the local law enforcement in each county of residence unless the juvenile sex offender has been relieved from registration requirements pursuant to Section 15-20A-34.

(f) A juvenile sex offender required to register for 10 years pursuant to Section 15-20A-28 shall appear in person with his or her parent, custodian, or guardian to verify all required registration information during the birth month of the juvenile sex offender and every year thereafter with local law enforcement in each county of residence unless the juvenile sex offender has been relieved from registration requirements pursuant to Section 15-20A-24.

(g) At the time of registration, the juvenile sex offender shall be provided a form explaining all duties and any restrictions placed on the juvenile sex offender. The juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall read and sign this form stating that he or she understands the duties and restrictions placed on the juvenile sex offender and his or her parent, custodian, or guardian.

(h) When a juvenile sex offender becomes the age of majority, the parent, custodian, or guardian of the juvenile sex offender shall no longer be subject to the requirements of this section, and the juvenile sex offender shall instead be solely responsible for the requirements in this section.

(i) A person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-13-7 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-7
Section 15-13-7 Amount to Be Endorsed on Writ of Arrest
Status: in_force

When a writ of arrest is issued upon an indictment, the clerk issuing the writ shall endorse on the writ an order to the sheriff to take bail of the defendant in the amount fixed by the judge and endorsed by him or her on the indictment, unless the defendant is charged with an offense for which bail may be denied pursuant to Section 15-13-3. In that case, the writ of arrest shall indicate “no bail,” and the defendant may not be released prior to an initial appearance.
Ala. Code § 15-4-4 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-4
Section 15-4-4 Service of Subpoenas; Proceedings Against Defaulting Witnesses; Endorsement as Presumptive Evidence of Default
Status: in_force

(a) In an inquest under this chapter, the sheriff or any constable must serve subpoenas for witnesses or they may be served by the coroner.

(b) If any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his default, sign his name thereto and return the same to the clerk of the circuit court of the county within five days thereafter, and such witness must be proceeded against in such court, in the name of the state, as if he were a defaulter therein, the endorsement of the coroner being presumptive evidence of the default.
Ala. Code § 15-13-218 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-218
Section 15-13-218 Effect of Criminal or Civil Actions Under Article
Status: in_force

No criminal or civil action taken under this article precludes a prosecution or action under any other law of this state.
Ala. Code § 15-12-3 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-3
Section 15-12-3 Presiding Circuit Judges to Administer Indigent Defense Systems Within Circuits; Adoption of Rules for Effectuation of Systems by Circuit Courts
Status: reserved

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
Ala. Code § 15-20-2 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-2
Section 15-20-2 Law Enforcement Officers to Report Arrests to Department of Public Safety
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-9-80 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-80
Section 15-9-80 Short Title
Status: in_force

This article may be cited as the Uniform Mandatory Disposition of Detainers Act.
Ala. Code § 15-18-4 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-4
Section 15-18-4 Service of State Sentence Concurrently with Federal Sentence in Federal Penal System
Status: in_force

When an offender who is under sentence from a federal court is convicted in a state court, the state judge, in his discretion, may impose a sentence to be served concurrently with the federally imposed sentence, in the federal penal system.
Ala. Code § 15-19-4 — Alabama Code / Title 15 / Chapter 19 / Section 15-19-4
Section 15-19-4 Trial - Without Jury
Status: in_force

If a defendant does not plead guilty, the trial of the charge as a youthful offender shall be before the judge without a jury.
Ala. Code § 15-22-27.3 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-27.3
Section 15-22-27.3 Pardon or Parole of Persons Convicted of Sex Offense Involving a Child
Status: in_force

(a) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, which is a Class A or B felony, shall not be eligible for parole.

(b) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, shall not be eligible for a pardon.
Ala. Code § 15-27-2.1 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-2.1
Section 15-27-2.1 Limitations on Number of Expungements Granted
Status: in_force

(a)(1) A person may be granted unlimited expungements pursuant to subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-1, subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-2, and subsection (b) of Section 15-27-2.

(2) A person may only be granted one expungement pursuant to subsection (c) of Section 15-27-2.

(3) A person may only be granted two expungements pursuant to subdivision (a)(6) of Section 15-27-1, subsection (b) of Section 15-27-1, and subdivision (a)(6) of Section 15-27-2.

(b) For the purposes of subsection (a), one expungement shall include all charges or convictions stemming from the same arrest or incident.

(c) The Administrative Office of Courts, in consultation with the Alabama State Law Enforcement Agency, shall adopt procedures relating to prior expungements for the purposes of the limitations in this section.

(d) Act 2021-286 may not be interpreted to supersede, modify, or otherwise affect the application of Sections 15-27-14 or 15-27-20.
Ala. Code § 15-9-33 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-33
Section 15-9-33 What Supporting Documents to Show
Status: in_force

A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present in the demanding state at the time of the commission of the alleged crime and that he thereafter fled from that state and is now in this state, and that he is lawfully charged by indictment or by an information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of crime in that state and has escaped from confinement or broken his parole.
Ala. Code § 15-18-171 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-171
Section 15-18-171 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires:

(1) APPLICATION PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and the monitoring, evaluation, and review of programs funded herein.

(2) BOARD. The board of directors of the authority or the board of directors of a nonprofit entity.

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

(4) COMMUNITY. The county or counties comprising one or more judicial circuits.

(5) COMMUNITY PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions of this article.

(6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as an alternative to incarceration and maintained by a county commission or an authority or nonprofit entity for the purpose of punishing and for correcting a person convicted of a felony or misdemeanor or adjudicated a youthful offender and which may be imposed as part of a sanction, including, but not limited to confinement, work release, day reporting, home detention, restitution programs, community service, education and intervention programs, and substance abuse programs.

(7) COMMUNITY PUNISHMENT AND CORRECTIONS PLAN. A document prepared by the county commission or an authority, or nonprofit entity, and submitted to the Department of Corrections in accordance with the requirements set forth in the application process and procedure, which identifies proposed community-based programs to be implemented within the county in accordance with the terms of this article and justifies the funding of such programs with regard to local need and community support.

(8) COUNTY COMMISSION CHAIRPERSON. The chair of the county commission or his or her representative.

(9) COUNTY INMATE. A person convicted of a misdemeanor.

(10) COURT. The trial judge exercising sentencing jurisdiction over an eligible offender under this article and includes any successor of the trial judge.

(11) DEPARTMENT. The Department of Corrections.

(12) DIVISION. The Community Corrections Division of the department.

(13) ELIGIBLE. A person who has committed an offense not excluded by subdivision (14) and who meets the criteria of Section 15-18-175.

(14) EXCLUDED FELONY OFFENDERS. One who is convicted of any of the following felony offenses: Murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, trafficking in controlled substances, robbery in the first degree, burglary in the first degree, manslaughter, sexual abuse in the first degree, forcible sex crimes, sex offenses involving a child as defined in Section 15-20A-4, or assault in the first degree if the assault leaves the victim permanently disfigured or disabled.

(15) GOVERNING BODY. With respect to a county, its county commission or other like governing body exercising the legislative functions of a county.

(16) INCORPORATORS. The persons forming a public corporation pursuant to this article.

(17) NONPROFIT ENTITY. Any not-for-profit organization, agency, or other entity other than a community punishment and corrections authority that provides treatment, guidance, training, or other rehabilitation services to individuals, families, or groups in such areas as health, education, vocational training, special education, social services, psychological counseling, and alcohol and drug treatment.

(18) PLAN. The community punishment and corrections plan defined in subdivision (7).

(19) RECIPIENT. Any entity receiving directly or indirectly any financial grant or contractual remuneration under this article.

(20) RENOVATION. The repair, remodeling, alteration, or expansion of existing buildings or structures to make them habitable or suitable for community punishment and corrections program operations, and includes the acquisition and installation of necessary equipment.

(21) RESTITUTION. Payment to the victim who has suffered financial losses as a result of a crime. Restitution shall include, but not be limited to, payment in cash or in kind for the value of stolen or damaged property; for medical expenses due to physical, emotional, or psychological trauma; wages lost as a result of time absent from work; and value of property lost or transferred through theft or exercise of control by deception or fraud.

(22) STATE INMATE. A person convicted of a felony.

(23) USER FEES. Fees assessed against an offender under a community punishment and corrections program to help defray the costs of such programs.

(24) VICTIM SERVICE OFFICER. A person employed to directly assist crime victims and their families with court attendance, restitution, compensation, property return, victim impact statements, and other needs expressed.

(25) YOUTHFUL OFFENDER. A person adjudicated as a youthful offender.
Ala. Code § 15-19-1 — Alabama Code / Title 15 / Chapter 19 / Section 15-19-1
Section 15-19-1 Investigation and Examination by Court to Determine How Tried; Consent of Minor to Trial Without Jury; Arraignment as Youthful Offender; Notice and Hearing
Status: in_force

(a) A person charged with a crime which was committed in his or her minority but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall, and, if charged with a lesser crime may be investigated and examined by the court to determine whether he or she should be tried as a youthful offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to the defendant. If the defendant consents and the court so decides, no further action shall be taken on the indictment or information unless otherwise ordered by the court as provided in subsection (b).

(b) After such investigation and examination, the court, in its discretion, may direct that the defendant be arraigned as a youthful offender, and no further action shall be taken on the indictment or information; or the court may decide that the defendant shall not be arraigned as a youthful offender, whereupon the indictment or information shall be deemed filed.

(c) In addition to the provisions of subsections (a) and (b), when the defendant is charged with a crime that contains as an element of the crime or an allegation related to the charge that the defendant intentionally inflicted serious physical injury or intentionally killed the victim in the commission of the crime, prior to conducting a hearing or examination on whether the defendant will be arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing pursuant to the provisions of the Crime Victims’ Rights Act. In addition, the court shall conduct an evidentiary hearing on the allegations of the crime and the extent of injuries of the victim and shall consider the evidence prior to determining youthful offender status. The failure to provide a right, privilege, or notice to a victim under this subsection shall not be grounds for the defendant or victim to seek to have the disposition of the case set aside.
Ala. Code § 15-18-78 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-78
Section 15-18-78 Effect of Restitution Order; Rights of Victim, Etc.; Section Cumulative and in Pari Materia with Other Statutes
Status: in_force

(a) A restitution order in a criminal case shall be a final judgment and have all the force and effect of a final judgment in a civil action under the laws of the State of Alabama. The victim on whose behalf restitution is ordered, the executor or administrator of the victim’s estate, or anyone else acting on behalf of the victim, shall be entitled to all the rights and remedies to which a plaintiff would be entitled in a civil action under the laws of this state as well as any other right or remedy pertaining to such restitution order as may be provided by law.

(b) The provisions of this section shall be read and deemed in pari materia with other provisions of law. Provided however, the provisions of this section are cumulative and shall not be construed so as to deprive any victim of any other remedy or relief to which a victim may now or hereafter be entitled pursuant to law.
Ala. Code § 15-21-15 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-15
Section 15-21-15 Subpoenas for Witnesses
Status: in_force

(a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable.

(b) Such subpoenas must be directed to the sheriff or any constable of the county in which the witness resides and must be executed and returned as in other cases.
Ala. Code § 15-12-42 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-42
Section 15-12-42 Powers and Duties
Status: in_force

The public defender shall have the following powers and duties:

(1) Within his or her geographic jurisdiction, the public defender shall provide indigent defense services as defined in Section 15-12-1 to indigent defendants.

(2) The public defender, at the request and with the consent of a municipal governing body and the office, shall represent indigent defendants in a municipal court within his or her geographic jurisdiction. The municipality shall reimburse the office of the public defender for the costs associated with the services rendered.

(3) The public defender, with consent of the director, may represent an indigent defendant in a state appellate court.
Ala. Code § 15-13-61 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-61
Section 15-13-61 When Bail Not Deemed Discharged
Status: in_force

No bail undertaking shall be discharged by reason of the want of the qualifications required in this chapter, by reason of there not being the requisite number of bail, by reason of any agreement other than is expressed in the undertaking, by reason of the infancy, coverture, lunacy or any other incapacity of any of the other parties thereto, because the defendant has not joined in the same or because the undertaking of bail is taken and approved by the sheriff or his deputy, where the defendant is released from custody on approval of such undertaking of bail.
Ala. Code § 15-13-149 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-149
Section 15-13-149 Order of Release
Status: in_force

A judicial officer authorizing the release of a person shall issue an appropriate order containing a statement of the conditions imposed, and shall advise the person that a warrant of arrest or other court order shall be issued against the person terminating the release and committing the person to jail upon any violation of the conditions of the release. The court shall provide a copy of the order to the defendant and shall serve a copy on the district attorney, or prosecuting officer of the court and the person’s counsel of record, if any.
Ala. Code § 15-6-23 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-23
Section 15-6-23 When Costs to Be Paid by Complainant
Status: in_force

If the circuit, district or municipal court judge regards a complaint as unfounded or frivolous, he may order the complainant to pay the costs of prosecution; and, upon making such order, execution may issue to enforce the payment thereof.
Ala. Code § 15-18-121 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-121
Section 15-18-121 Penalty for Failure to Remain Within Limits of Confinement, Etc
Status: in_force

The willful failure of an inmate to remain within the extended limits of the inmate’s confinement, or to willfully return within the time prescribed to the place of confinement designated by the commissioner or his agent, shall be deemed as an escape from the custody of a penal facility and shall be punishable as prescribed by law.
Ala. Code § 15-13-155 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-155
Section 15-13-155 Property Owners as Surety - Limited
Status: in_force

A property owner shall not execute or become surety for more than four different persons in any one year, other than immediate family members, unless the property owner qualifies and meets the requirements set out in this article for professional surety or professional bail companies. A property owner who becomes surety on bail in accordance with this article may not charge a fee or receive anything of value as a consideration thereof.
Ala. Code § 15-23-42 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-42
Section 15-23-42 Confidentiality of Communications with Victim Counselor
Status: in_force

(a) A victim, a victim counselor without the consent of the victim, or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party, cannot be compelled to give testimony or to produce records concerning confidential communications for any purpose in any criminal proceeding.

(b) A victim counselor or a victim cannot be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding.

(c) The confidential communication privilege of a victim counselor with respect to communications made between the counselor and the victim shall terminate upon the death of the victim.
Ala. Code § 15-13-143 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-143
Section 15-13-143 Procedure for Bail Hearings
Status: in_force

A judicial public bail hearing may commence by a motion from any judicial officer having jurisdiction over the defendant or by the defendant’s application as stipulated in Section 15-13-109.
Ala. Code § 15-13-42 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-42
Section 15-13-42 Application in Satisfaction of Fine; Refund of Surplus
Status: in_force

When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the clerk of the court receiving the deposit must, under the direction of the court, apply the money in satisfaction thereof and, after satisfying the fine and costs, must refund the surplus, if any, to the defendant.
Ala. Code § 15-3-6 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-6
Section 15-3-6 When Time Elapsing Between Preferring of First Charge and Subsequent Indictment Deducted from Time Limitation
Status: in_force

When an indictment is lost, mislaid or destroyed, when a judgment is arrested or an indictment quashed for any defect therein, for the reason that it was not found by a grand jury regularly organized, because it charged no offense or for any other cause or when the prosecution is dismissed because of a variance between the allegations of the indictment and the evidence and a new indictment is ordered to be preferred, the time elapsing between the preferring of the first charge or indictment and the subsequent indictment must be deducted from the time limited for the prosecution of the offense last charged.
Ala. Code § 15-13-145 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-145
Section 15-13-145 Defendants Who May Be Eligible
Status: in_force

Any person charged with a felony, misdemeanor, or violation shall be eligible for a judicial public bail, if:

(1) The person is not charged with robbery, capital murder, forcible sex crimes, escape, trafficking in drugs, or the sale of drugs.

(2) The person has not been convicted of a previous felony or committed a felony while being released on any form of bail.

(3) The person is not presently under a suspended sentence or on probation or parole for a previous conviction on a misdemeanor or a felony.

(4) There is no evidence, satisfactory to the judicial officer, that the person has violated a previous bail release, whether it be judicial public bail, property, cash, professional surety bail, or failure to appear.
Ala. Code § 15-20-20.1 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-20.1
Section 15-20-20.1 Legislative Findings
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-2-2 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-2
Section 15-2-2 Venue - County Where Offense Committed
Status: in_force

Unless otherwise provided by law, the venue of all public offenses is in the county in which the offense was committed.
Ala. Code § 15-6-21 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-21
Section 15-6-21 Arrest Warrant
Status: in_force

(a) If on examination by the circuit, district or municipal court judge, it appears that there is reason to fear the commission of any offense by the person complained of, such judge must issue a warrant directed to any lawful officer of the state, containing the substance of the complaint and commanding such officer forthwith to arrest the person complained of and bring him before him or some other judge having jurisdiction of the matter.

(b) The warrant may be after the following form:

“State of Alabama,

__________ County.

To any lawful officer of the state:

Complaint on oath having been made before me that C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly the offense threatened or about to be committed) on the person or property of ______, you are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other judge having jurisdiction of the matter, setting forth his name and office).

Dated the _____ day of _____, 20__.

(c) Such warrant may be executed by the sheriff or other officer acting as sheriff, his deputy or any constable of the county or by any marshal or policeman of any incorporated city or town in the county.
Ala. Code § 15-12-27 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-27
Section 15-12-27 Contract Counsel System - Procedures Mandatory
Status: in_force

Any provision of this chapter to the contrary notwithstanding, each judicial circuit desiring a contract counsel system shall be required to follow those procedures established for the selection of contract counsel established by the director.
Ala. Code § 15-2-7 — Alabama Code / Title 15 / Chapter 2 / Section 15-2-7
Section 15-2-7 Venue - Offense Committed on or Near County Boundary
Status: in_force

When an offense is committed on the boundary of two or more counties or within a quarter of a mile thereof or when it is committed so near the boundary of two counties as to render it doubtful in which the offense was committed, venue is in either county.
Ala. Code § 15-10-11 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-11
Section 15-10-11 Authority of Officer to Pursue and Arrest Defendant in Another County on Warrant from Municipal Court
Status: in_force

Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county authorized to issue such a warrant, to the following effect: “A. B. is authorized to execute this warrant in ________ County,” may summon persons to assist him in making the arrest, and exercise the same authority as in his own county.
Ala. Code § 15-13-156 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-156
Section 15-13-156 Filing of Lien in Default Cases - Release
Status: in_force

(a) Clerks of all courts of the state and its subdivisions may file the “lien and affidavit” form in the probate court of the county where the property is located immediately after a final forfeiture is ordered by any court of the State of Alabama or its subdivisions. The probate court shall file and record it in its real property recordings and there shall be no charge to the city or state assessed or collected.

(b) In all final forfeiture cases of property bail, where the judgment has been satisfied by the sureties or the court has set aside the final forfeiture and the sureties liability has been discharged by law, the clerk of the court shall see that any “lien and affidavit” form previously filed is so cancelled. The clerk may cancel it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and recorded by the judge of probate of the county where the property is located. The probate court shall not charge a filing or recording fee to the city or state.

(c) The cancellation shall be sufficient if the following language is substantially used:

I, the clerk of the _____ court of _____ (city) _____ County of the State of Alabama hereby cancel the lien so filed on _____ (date) and declare the same to be satisfied by payment of the same or by operation of law.
Ala. Code § 15-13-142 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-142
Section 15-13-142 Judicial Public Bail - Authority of Release Person
Status: in_force

Only a judicial officer may release a person on judicial public bail. The judicial officer shall have jurisdiction over the case and defendant in order to release the defendant on judicial public bail. The judicial officer shall have a hearing for the person and determine if the person meets the requirements of this article.
Ala. Code § 15-27-10 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-10
Section 15-27-10 Maintenance of Investigative Files, Reports, Case Files, Etc
Status: in_force

(a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, report, case file, or log which may include any evidence, biological evidence, photographs, exhibits, or information in documentary or electronic form.

(b) Nothing in this chapter shall prohibit the Department of Human Resources from continuing to maintain any documentation, reports, case files, or evidence needed for the protection of children or vulnerable adults.
Ala. Code § 15-13-152 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-152
Section 15-13-152 Qualification for Property Bail
Status: in_force

The qualifications for property bail are that each surety be a resident of the state, and an owner of real property therein, and that any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions presently against the property, the amount expressed in the appearance bond. Any proper approving officer, in approving property bail, may allow more than one person to justify severally as bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent to the amount in the appearance bond. The worth shall not be determined by the assessed value of the property but shall be calculated, determined, and evaluated in the manner set forth in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead exemption in the affidavit then they shall also execute the waiver of a homestead exemption form as provided in part (B) below. The affidavit shall be signed by the owners of the properties and the affidavit shall be the same as a lien against the property, and upon the rendition of a final forfeiture, the state or its subdivisions may proceed on the document for sale of the property to satisfy the judgment. The following shall be substantially the forms to be used for the affidavit and waiver mentioned above. (A) LIEN AND AFFIDAVIT OF PROPERTY OWNERS - BAIL STATE OF ALABAMA COUNTY OF _____ Court _____ or CITY OF _____ City/County _____ Charges: _____ VS. _______________ Name of property owners: ______ Address: ______ ______ Address: ______ STATE OF ALABAMA

COUNTY OF ____________

Before me, the undersigned authority, personally appeared _____, who first by me being duly sworn, on oath, deposes and says:

That he or she possesses the qualifications and is sufficient to become a surety and that he or she is the owner of the following described property, and that he or she pledges said property as collateral for the above named defendant and his or her bail:

(2) The encumbrances on the above described property are as follows:

(example) Homestead exemption $2,000.00 Amount of undischarged prior undertaking of Bail 2,000.00 First mortgage in favor of (name of lending institution) 22,000.00 Total Encumbrance $26,000.00 Total Unencumbered Value $29,999.99

Property owners are qualified to make bail in an amount equal to the Total Unencumbered Value.

(3) That the total number of bails, executed for people other than my immediate family within the year, including this one is _____.

(4) That the above listed real property is not exempt from forced sale under the Constitution and laws of the State of Alabama.

(5) That the property is free of mortgages, liens, and encumbrances other than those listed above. ___________ L.S. __________L.S. Surety Surety

(6) That I am not an attorney, a judicial official, or a person authorized to take bail and that I own property in this state that has a fair market value equal to or greater than the amount of the appearance bond in this cause, exclusive of property exempt from execution and above and over all liabilities, including the amount of all other outstanding appearance bonds entered into by me.

SWORN TO AND SUBSCRIBED before me in _____, Alabama, on this the _____ day of _____, 20__.

..........................................

I, _____ , HAVE BEEN ADVISED THAT IF I HAVE PROVIDED ANY FALSE INFORMATION IN THE ABOVE AFFIDAVIT, I COULD BE CHARGED WITH A CRIME AND BE PUNISHED ACCORDING TO THE LAW.

In the _____ Court of _____County _____ State of Alabama _____ Municipality of _____

v. _________________________________

As (a surety) of the bond securing the presence of the above named defendant, in compliance with Article X, §210, Constitution of Alabama 1901, and §6-10-122, (I) (we) hereby waive by this separate instrument (my) (our) right(s) to claim (my) (our) homestead, exempt from execution or other process for collection of debt necessary for enforcement of the provisions of the bond.

Done this the _____day of _____ 20__.

I, _____, a Notary Public in and for the above named county of the State of Alabama, hereby certify that the surety and any spouse of the surety; whose name(s) is/are signed to the foregoing instrument, being informed of the instrument, has/have voluntarily executed and acknowledged the same before me this date.

Given under my hand this the _____ day of ______, 20__.
Ala. Code § 15-20A-13 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-13
Section 15-20A-13 Adult Sex Offender - Employment Restrictions
Status: in_force

(a) No adult sex offender shall accept or maintain employment or a volunteer position at any school, childcare facility, mobile vending business that provides services primarily to children, or any other business or organization that provides services primarily to children, or any amusement or water park.

(b) No adult sex offender shall accept or maintain employment or a volunteer position within 2,000 feet of the property on which a school or childcare facility is located unless otherwise exempted pursuant to Sections 15-20A-24 and 15-20A-25.

(c) No adult sex offender, after having been convicted of a sex offense involving a child, shall accept or maintain employment or a volunteer position within 500 feet of a playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.

(d) Changes to property within 2,000 feet of an adult sex offender’s place of employment which occur after an adult sex offender accepts employment shall not form the basis for finding that an adult sex offender is in violation of this section.

(e) 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 an adult sex offender.

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

(g)(1) No adult 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.

(h) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-25-5 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-5
Section 15-25-5 Use of Anatomically Correct Dolls or Mannequins During Testimony or Deposition of Victim or Witness Under Age 12 or a Protected Person
Status: in_force

In any criminal proceeding and juvenile cases where the defendant is alleged to have had unlawful sexual contact with a child or a protected person, the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged victim or witness who is under the age of 12 at the time of trial, or who is a protected person, in testifying on direct and cross-examination at trial, or in a video deposition as provided in this article.
Ala. Code § 15-5-10 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-10
Section 15-5-10 Taking of Property
Status: in_force

(a) When a search warrant is sued out on the ground specified in subdivision (1) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of any person by whom it was stolen or embezzled or from any other person in whose possession it may be.

(b) When a search warrant is sued out on the ground specified in subdivision (2) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of the person by whom it was so used or from any other person in whose possession it may be.

(c) When a search warrant is sued out on the ground specified in subdivision (3) of Section 15-5-2, the property may be taken under the warrant from the possession of such person, from any house or other place occupied by him or under his control or from the possession of the person to whom he may so have delivered it.
Ala. Code § 15-6-40 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-40
Section 15-6-40 Appeal to Circuit Court; Form of Undertaking on Appeal
Status: in_force

(a) Any person required to keep the peace under the provisions of Article 2 of this chapter by any judge other than a judge of an appellate or circuit court is entitled, on entering into an undertaking with sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the county. The judge from whose order the appeal is taken may require such witnesses as he thinks necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.

(b) Any person committed to jail by any such judge for failing to give security to keep the peace may appeal to the circuit court and may thereupon be discharged from custody on giving bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance at such court and to keep the peace towards all the people of the State of Alabama for the period of 12 months, unless sooner discharged by law; and any person who has been required to give bond to keep the peace and has given such bond may appeal in like manner, upon giving security for the costs of such appeal, but such appeal shall not supersede the obligation of such peace bond, unless the court which tries such appeal shall discharge the defendant. A trial by jury on such appeal may be had by the defendant if demand is made therefor at the time of the filing of the bond on the taking of the appeal.

(c) The undertaking on the appeal under this section may be in substance as follows:

name of the defendant) to keep the peace towards all the people of this state and particularly towards (here insert the name of the person against whom, or against whose property there is reason to fear the offense may be committed), from which order the said defendant has taken an appeal to the circuit court of said county; now, therefore, we (here insert the names of the defendant and his sureties) agree to pay the State of Alabama (here insert the amount required by the judge) dollars, if the said defendant fails to prosecute his appeal to effect, and in the meantime to keep the peace towards (here insert the name of the person against whom, or whose property there is reason to fear the offense may be committed.)

Approved, L.M., (District or Municipal) Judge.”
Ala. Code § 15-7-22 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-22
Section 15-7-22 Presumption Offense of Aggravated Nature
Status: in_force

When the bail is taken under the provisions of Sections 15-7-20 and 15-7-21, in fixing the amount of bail, it must be presumed that the offense is of an aggravated nature.
Ala. Code § 15-8-25 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-25
Section 15-8-25 How Facts Constituting Offense to Be Stated
Status: in_force

An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words “force of arms” or “contrary to the form of the statute” necessary.
Ala. Code § 15-22-1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-1
Section 15-22-1 Compacts with Other States
Status: reserved

Repealed by Act 2002-413, 2003 Regular Session, effective July 1, 2002.
Ala. Code § 15-20A-33 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-33
Section 15-20A-33 Juvenile Sex Offender - Retention of Court Records
Status: in_force

Notwithstanding any other provision of law, the court records of juvenile sex offenders are to be retained, either in paper format or electronically, and not to be destroyed for a period of 75 years from the date of adjudication.
Ala. Code § 15-23-11 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-11
Section 15-23-11 Filing Claim Under Article Constitutes Waiver of Physician-Patient Privilege
Status: in_force

(a) Any person filing a claim under the provisions of this article shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant.

(b) If the mental, physical or emotional condition of a claimant is material to a claim, the commission upon physical examination may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file with the commission a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses and other conclusions and reports of earlier examinations of the same conditions.

(c) The commission, upon request, shall furnish the victim a copy of such report. If the victim is deceased, the commission, on request, shall furnish a copy of the report to the claimant.

(d) The commission may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
Ala. Code § 15-5-30 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-30
Section 15-5-30 Authority of Peace Officer to Stop and Question
Status: in_force

A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.