Ala. Code § 15-12-21 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-21
Section 15-12-21 Appointment and Compensation of Counsel - Trial Court
Status: in_force

(a) If it appears to the trial court that an indigent defendant is entitled to counsel, that the indigent defendant does not expressly waive the right to assistance of counsel, and that the indigent defendant is not able financially or otherwise to obtain the assistance of counsel through another indigent defense system for the circuit, the court shall appoint counsel to represent and assist the defendant. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the indigent defendant to the best of his or her ability.

(b) If it appears to the trial court in a delinquency case, need of supervision case, or other judicial proceeding in which a juvenile is a party that the juvenile is entitled to counsel and that the juvenile is not able financially or otherwise to obtain the assistance of counsel or that appointed counsel is otherwise required by law, the court shall appoint counsel to represent and assist the juvenile or act in the capacity of guardian ad litem for the juvenile. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the juvenile to the best of his or her ability.

(c) If it appears to the trial court that the parent, guardian, or custodian of a juvenile who is a party in a judicial proceeding is entitled to counsel and the party is unable to afford counsel, upon request, the court shall appoint counsel to represent and assist the parent, guardian, or custodian. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the party to the best of his or her ability.

(d) If the appropriate method for providing indigent defense services is by appointed counsel in a case described in subsection (a), (b), or (c), including cases tried de novo in circuit court on appeal from a juvenile proceeding, the appointed counsel shall be entitled to receive for his or her services a fee to be approved by the trial court. The amount of the fee shall be based on the number of hours spent by the attorney in working on the case and shall be computed for time reasonably expended on the case and capped as follows:

(1) In cases where the original charge is a capital offense or a charge that carries a possible sentence of life without parole, the rate shall be one hundred twenty dollars ($120) per hour and there shall be no limit on the total fee.

(2) Except for cases covered by subdivision (1), in cases where the original charge is a Class A felony, the rate shall be one hundred dollars ($100) per hour and the total fee shall not exceed six thousand dollars ($6,000).

(3) In cases where the original charge is a Class B felony, the rate shall be eighty dollars ($80) per hour and the total fee shall not exceed four thousand dollars ($4,000).

(4) In cases where the original charge is a Class C or Class D felony, the rate shall be eighty dollars ($80) per hour and the total fee shall not exceed three thousand five hundred dollars ($3,500).

(5)a. In juvenile cases, the rate shall be seventy dollars ($70) per hour and the total fee shall not exceed four thousand five hundred dollars ($4,500), except as provided in paragraph b.

b. In juvenile dependency cases, the total fee for guardians ad litem shall not exceed five thousand dollars ($5,000), provided that a guardian ad litem shall receive no more than two thousand five hundred dollars ($2,500) during the first 18 months after his or her appointment to a case, and no more than one thousand dollars ($1,000) during each 12 months thereafter. If a guardian ad litem does not receive the full fee during the initial 18-month or subsequent 12-month period, any remaining fees may be carried over until the final disposition, his or her appointment as guardian ad litem ends, or his or her total fee for the case reaches five thousand dollars ($5,000), whichever occurs first.

(6) In appointments made pursuant to Section 22-11A-35 or Section 22-52-14, the rate shall be seventy dollars ($70) per hour and the total fee shall not exceed one thousand five hundred dollars ($1,500).

(7) In all other cases, the rate shall be fifty-five dollars ($55) per hour and the total fee shall not exceed two thousand dollars ($2,000).

(e)(1) 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 trial court as necessary for the indigent defense services and as a reasonable cost or expense.

(2) Reimbursable expenses shall not include overhead expenses.

(3) 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 trial court as necessary for the indigent defense services and as a reasonable cost or expense.

(4) Retrials of any case shall be considered a new case for billing purposes.

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

(f)(1) Within a reasonable time after the conclusion of the trial, ruling on a motion for a new trial, or after an acquittal or other judgment disposing of the case, not to exceed 120 days, counsel shall submit a bill for services rendered to the office.

(2) The bill shall be accompanied by a certification by the trial court that counsel provided representation to the indigent defendant, that the matter has been concluded, and that to the best of his or her knowledge the bill is reasonable based on the defense provided.

(3) The trial court need not approve the items included on the bill or the amount of the bill, but may provide any information requested by the office or the indigent defense advisory board relating to the representation.

(4) The bill for compensation of appointed counsel shall be submitted to the office.

(5) After review and approval, the office shall recommend to the state Comptroller that the bill be paid.

(6) The office may forward any individual bill or cumulative billing data to the indigent defense advisory board for review and comment prior to approval.

(7)a. The indigent defense advisory board shall require any attorney who submits billing totaling more than 2,000 work hours in a fiscal year to provide an explanation establishing good cause grounds for the excess hours.

b. The board may recommend remedial action for excess work, including, but not limited to, suspension of appointment, reimbursement of funds, or referral to the Alabama State Bar or the Office of the Attorney General.
Ala. Code § 15-12-5 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-5
Section 15-12-5 Determination of Indigency and Provision of Defense Services
Status: in_force

(a) Judicial role in determining indigency. The trial judge shall determine, in accordance with the policies and procedures established by the Office of Indigent Defense Services, if a person in his or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from the trial court to the state appellate court, the trial judge who presided over the proceedings on appeal shall determine if the appellant is an indigent defendant in accordance with the policies and procedures established by the Office of Indigent Defense Services. If an indigency determination is necessary in any proceeding initiated originally in a state appellate court , the presiding judge or chief justice of the appellate court shall determine if the appellant or petitioner is an indigent defendant.

(b) Criteria for determining indigency. In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings. The director may by rules provide for additional documentation of indigency, including, but not limited to, tax returns, asset statements, or other similar documentation as necessary.

(c) Investigation of indigency. In determining the fact of indigency a judge may require an investigation and report by a district attorney, public defender, sheriff, probation officer, or other officer of the court. Provided, further, that the trial judge shall, in all cases requiring a determination of indigency, require the accused to execute an affidavit of substantial hardship on a form approved by the director. The completed affidavit of substantial hardship and the subsequent order of the court either denying or granting indigent defense services to the indigent defendant shall become a part of the official court record in the case.

(d) Provision of defense services. The judge making a determination of indigency shall provide indigent defense services for the indigent defendant through an indigent defense system provided for the circuit; however, if no indigent defense system exists, then the judge may provide indigent defense services otherwise in accordance with Act 2011-678. To the extent possible, judges shall provide continuity in legal representation.
Ala. Code § 15-22-50 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-50
Section 15-22-50 Authority of Circuit and District Courts to Suspend Sentence and Place Convicted Person on Probation
Status: in_force

Circuit courts and district courts, subject to the provisions and conditions hereinafter provided, may suspend execution of sentence and place on probation any person convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not be permitted to waive placement on probation by the sentencing court. The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years. Except as provided in the preceding sentence, the court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may suspend execution of sentence and place the defendant on probation, or may impose a fine within the limits fixed by law and also place the defendant on probation.
Ala. Code § 15-20-35 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-35
Section 15-20-35 Disclosure of Information
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-9-48 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-48
Section 15-9-48 Constraint on Use for Collection of Debt, Demand or Claim
Status: in_force

Nothing in this division shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings, directly or indirectly, seek to aid in the collection of any debt, demand or claim against the party sought to be extradited.
Ala. Code § 15-12-45 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-45
Section 15-12-45 Approval of Expenditures, Salaries, Etc.; Employment of Assistants, Investigators, Etc
Status: in_force

(a) The director may approve expenditures for attorneys, investigators, other personnel and nonpersonnel expenses of the public defender. Authorized employees of the public defender offices shall be entitled to annual and sick leave, insurance, retirement, and other state employee benefits, including cost-of-living raises, authorized by the Legislature for state employees.

(b) The operating expenses and staff salaries and benefits for the offices of the public defender shall be approved in advance by the director as part of an annual budget for the subject public defender’s office and, once the budget is approved, shall be paid by the state from funds appropriated annually from the Fair Trial Tax Fund or other funds appropriated by the Legislature for this purpose. The expenses shall include, but not be limited to, the salary, benefits, and expenses of all eligible employees and positions, training and education, travel, research, equipment, and supplies.

(c) Each public defender may employ assistant public defenders, investigators, and other staff, full time or part time, as authorized by the director. Assistants, investigators, and other staff shall be appointed by the public defender and serve at the pleasure of the public defender.
Ala. Code § 15-11-3 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-3
Section 15-11-3 Adjournment; Commitment of Defendant to Jail or Bail
Status: in_force

When a defendant is brought before a district court under a warrant of arrest for preliminary examination, the court may adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one time, without the consent of the defendant, and to the same or a different place in the county. In such case, if the defendant is charged with a capital offense, he must be committed to jail in the meantime; but if the offense is not capital, he may give bail in such sum as the court directs for his appearance for such further examination or, for the want thereof, must be committed. On the day to which the examination was adjourned, the defendant may be brought before the court by verbal order to the officer who had charge of him or by order in writing to a different person if the custody has been changed.
Ala. Code § 15-9-50 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-50
Section 15-9-50
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings:

(1) ARRESTING OFFICER. An officer, employee, or agent of any state or of any political subdivision of a state who is required by law to: (i) maintain public order; (ii) make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) investigate the commission or suspected commission of offenses.

(2) FELONY. Any of the following crimes committed in any state:

a. A crime punishable by death.

b. A crime punishable by imprisonment for a term exceeding one year.

c. Any crime otherwise punishable as a felony.

(3) FRESH PURSUIT. a. The term includes, but is not limited to, all of the following:

1. The term as defined by the common law.

2. The pursuit of an individual who has committed a felony or who is reasonably suspected of having committed a felony.

3. The pursuit of an individual suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed.

b. The term does not necessarily imply instant pursuit, but pursuit without unreasonable delay.

(4) POWER TO ARREST. The legal authority to arrest and hold an individual in custody that is equivalent in scope to an Alabama law enforcement officer’s authority to arrest and hold in custody an individual believed to have committed a felony in this state.

(b) Any arresting officer of another state, while engaged in fresh pursuit of an individual believed to have committed a felony in that state, shall have the power to arrest that individual in this state.

(c) Subsection (b) shall not be construed to make any arrest in this state unlawful which would otherwise be lawful.

(d)(1) If an arrest is made in this state pursuant to subsection (b), the arresting officer, without unnecessary delay, shall take the individual before a district or circuit judge for the county in which the arrest was made. The judge shall conduct a hearing to determine the lawfulness of the arrest.

(2)a. If the judge determines that the arrest was lawful, he or she shall commit the individual to custody for a reasonable time to await the issuance of an extradition warrant or admit the individual to bail for the same purpose.

b. If the judge determines that the arrest was not lawful, he or she shall discharge the individual.
Ala. Code § 15-20A-29 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-29
Section 15-20A-29 Juvenile Sex Offender - Requirements Prior to Release
Status: in_force

(a) Prior to the release of a juvenile sex offender, the following shall apply:

(1) The juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall provide the required registration information to the responsible agency.

(2) If the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender declares a residence outside of the state, the responsible agency shall immediately notify the Alabama State Law Enforcement Agency and the designated state law enforcement agency of the state to which the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender has declared the residence. The notification shall include all information available to the responsible agency that would be necessary to identify and trace the juvenile sex offender, including, but not limited to, the risk assessment and a current photograph of the juvenile sex offender.

(3) If the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender declares a residence within this state, the responsible agency shall immediately notify the Alabama State Law Enforcement Agency, and local law enforcement in each county, in which the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender has declared the residence. The notification shall include all information available to the responsible agency that would be necessary to identify and trace the juvenile sex offender, including, but not limited to, the risk assessment and a current photograph of the juvenile sex offender.

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

(c) Any person who knowingly violates this section shall be guilty of a Class C felony.
Ala. Code § 15-18-178 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-178
Section 15-18-178 Eligibility for Contracts or Grants; Common Facilities and Cost Sharing
Status: in_force

(a) Any county program or authority formed by one or more counties under this article shall be eligible to apply for direct and continuing financial contracts and grants under the article.

(b) A nonprofit entity other than a community punishment and corrections authority may be eligible under the provisions of this article to receive grants or contracts to carry out the provisions and purposes of this article only in a county that has not established a local community punishment and corrections authority or which does not intend to apply for funding directly. The county commission may elect to endorse the community punishment and corrections plan submitted by the nonprofit entity after the commission has received notice that the nonprofit entity desires to seek a grant to carry out this article and the county does not establish a community punishment and corrections authority or pass a resolution that it will apply for grant funding within 60 days after the notification. In this event, the nonprofit entity shall perform the same duties, obligations, and functions as a community punishment and corrections planning authority together with performing the other corrections functions provided for in this article. Nothing in this article shall prohibit a nonprofit entity from receiving funds indirectly for such a program; however, a nonprofit entity shall have no authority to obligate county funds.

(c) Nothing in this article shall prevent an entity eligible for funding under this article to utilize common facilities or personnel and to share other overhead costs with county correctional or work release programs.
Ala. Code § 15-13-135 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-135
Section 15-13-135 Returns “Not Found” or Certified Mail Returned
Status: in_force

If the notice is not served on any of the parties to the undertaking, such other notices as are necessary, may, from time to time be issued, but two returns of “not found” by the proper officer are equivalent to personal service, unless one of the parties shows evidence that such “not found” service was not diligently executed by the officer or the officer did not attempt to serve the proper party as prescribed by law. If service was by certified mail and is returned without a signature of acceptance, then the clerk shall reissue it to be served by an officer as specified in Section 15-13-134 and a return of the service “not found” by the proper officer is equivalent to personal service.
Ala. Code § 15-18-151 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-151
Section 15-18-151 Employment Income Withholding Order - Alteration, Modification, Etc
Status: in_force

Any court order issued pursuant to the provisions of this article may be altered, modified or rescinded upon the filing of a petition by the defendant, district attorney, or the victim for good and sufficient cause shown by a preponderance of the evidence.
Ala. Code § 15-13-100 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-100
Section 15-13-100 Short Title
Status: in_force

This article shall be known and may be cited as “The Alabama Bail Reform Act of 1993.”
Ala. Code § 15-18-180 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-180
Section 15-18-180 Funding for Community-Based Programs, Facilities, Services; User Fees; Inmate Wages
Status: in_force

(a) Community punishment and corrections funds may be used to develop or expand the range of community punishments and services at the local level. Community-based programs should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment and supervision of program participants. The supervision and treatment of each program participant is expected to be based on the participant’s anticipated risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, administered by the program. Supervision and treatment of program participants should include the following:

(1) Use of a validated risk and needs assessment;

(2) Use of assessment results to provide guidance for determining the appropriate level of supervision responses consistent with the levels of supervision and evidence-based practices reasonably anticipated to reduce recidivism; and

(3) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the offender to improve his or her conduct and circumstances so as to reduce the offender’s risk of recidivism.

(b) Community-based programs options may include, but are not limited to, the following:

(1) Community service supervision; victim restitution, community detention and restitution centers; day reporting centers; victim-offender reconciliation programs; home confinement/curfew; electronic surveillance; intensive supervision probation; alcohol/drug outpatient treatment and psychiatric counseling.

(2) Short-term community residential treatment options that involve close supervision in a residential setting may include, but are not limited to, the following options: Detoxification centers; community detention centers for special needs offenders and probation and parole violators; and inpatient drug/alcohol treatment.

(3) Residential in-house drug and alcohol treatment for detoxification and residential and nonresidential drug and alcohol counseling.

(4) Individualized services which provide evaluation and treatment for special needs of the population served under this article. The services may include the purchase of psychological, medical, educational, vocational, drug and alcohol urine screening, and client specific plan diagnostic evaluations. Other services which may be pursued on an individualized basis may include, but shall not be limited to, job training, alcohol and drug counseling, individual and family counseling, educational programs leading to a GED certificate, or transportation subsidies.

(5) Churches or other nonprofit facilities that provide religious-based counseling, education, or other rehabilitative services. Any such facility that receives funding from the state shall be subject to all requirements and provisions of this article. Any such facility that does not receive funding from the state shall be exempt from the requirements and provisions of this article, as well as from the requirements of Chapter 22 of Title 41.

(c) Community punishment and corrections funds may also be used to acquire, renovate, and operate community facilities established to provide the options and services set forth in subsections (a) and (b).

(d) Counties, authorities, and other nonprofit entities receiving funding herein may provide or contract with qualified proprietary, nonprofit, or governmental entities for the provision of services under this article.

(e) Any options or services established under this article may serve offenders from any county.

(f) As a part of a community punishment and corrections plan, user fees may be assessed to help defray the cost of the plan. User fees paid by an offender participating in any option or service established under this article shall not diminish the payment of restitution by the offender to the victim of the crime for which he or she was sentenced and shall not diminish fines, court costs, or other court fees unless expressly reduced or remitted by the court.

(g) In the event a defendant is assigned to a work release or other residential punishment program operated by a community corrections provider authorized under this article, the defendant’s employer shall send the inmate’s wages directly to the community corrections provider responsible for housing the defendant. Of the inmate’s earnings, 25 percent of the gross wages shall be applied to costs incident to the inmate’s confinement, upkeep, and a minimum of an additional 20 percent shall be applied, 10 percent to payment of court costs, fines, court-ordered attorney fees, and other court-ordered fees or assessments, and 10 percent to restitution. The remainder of the inmate’s wages may be credited to an account established for the defendant with the community corrections provider and may be paid out for dependent care, savings, and spending money. Modes of accounting and disbursement of these funds shall be addressed in the community punishment and corrections plan. Upon release from a residential program, any balance remaining in the defendant’s account shall be returned to the defendant, and the defendant shall remain responsible for paying for any court-ordered monies owed. If the defendant remains under community corrections supervision after his or her release from a residential program, the community corrections provider shall verify that the defendant is paying any remaining court-ordered payments owed.
Ala. Code § 15-10-72 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-72
Section 15-10-72 Endorsement on Removal Order
Status: in_force

The arresting officer shall make the following endorsement on the back of the removal order: “This is to certify that I have this _____ day of _____ delivered to ______, sheriff of _____ County, or to his deputy, _____, the within named prisoner or prisoners, _____, sheriff of _____ County.”
Ala. Code § 15-23-122 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-122
Section 15-23-122 Survivor Notification
Status: in_force

The Attorney General shall develop a survivor notification document to be distributed by a law enforcement officer or a medical provider upon initial contact with a survivor of sexual assault. The notification document shall be made available on the Attorney General’s public website. The document shall include, but is not limited to, the following information:

(1) A clear statement that the survivor has the right not to be prevented from, nor charged for, receiving a sexual assault medical forensic examination.

(2) A clear statement that the survivor has a right to have a sexual assault medical forensic examination, regardless of whether the survivor reports to or cooperates with law enforcement.

(3) The availability and contact information of a sexual assault advocate.

(4) The availability of protective orders, policies related to their enforcement, and the process to obtain protective orders.

(5) Policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits.

(6) The process, if any, to request the preservation of sexual assault evidence collection kits.

(7) Instructions for requesting the test results upon the forensic or probative evidence of the kits from the investigating law enforcement agency.

(8) Information about state and federal compensation funds available for medical or other costs associated with the case and the availability of victim compensation and restitution.
Ala. Code § 15-11-14 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-14
Section 15-11-14 Failure or Refusal of Witness to Enter Undertaking; Discharge of Witness Upon Entering into Undertaking
Status: in_force

(a) Any witness required under this chapter to enter into an undertaking, with or without surety, may be committed to jail on failure or refusal to do so.

(b) In cases arising under subsection (a) of this section, the court must state in the commitment the amount of the undertaking and whether surety is required; and the witness must be discharged by the sheriff on entering into the undertaking as required.
Ala. Code § 15-16-70 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-70
Section 15-16-70 Modification of Release Conditions or Order to Return for Further Treatment; Notice of Hearing; Standard for Modifications and Orders
Status: in_force

If at any time it appears that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court may, after a hearing, modify the release conditions or order the defendant returned to the Department of Mental Health and Mental Retardation for further treatment. All such hearings shall be preceded by notice to the department and to the parties required to be notified in Section 15-16-63. All such modifications and orders shall be guided by the standard of whether such modifications and orders are necessary to ensure that the defendant does not pose a real and present threat of substantial harm to himself or to others.
Ala. Code § 15-23-20 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-20
Section 15-23-20 Penalties - Alteration of Commission Records, Etc
Status: in_force

Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall knowingly make a false entry or falsely alter any commission record; or who shall intentionally destroy, mutilate, conceal, remove or otherwise impair the verity or availability of any commission record with the knowledge of a lack of authority to do so; or who shall possess a record of the commission and refuse to deliver up such record upon proper request of a person lawfully entitled to receive the same shall be guilty of a Class C felony.
Ala. Code § 15-3-5 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-5
Section 15-3-5 Offenses Having No Limitation
Status: in_force

(a) There is no limitation of time within which a prosecution must be commenced for any of the following offenses:

(1) Any capital offense.

(2) Any felony involving the use, attempted use, or threat of, violence to a person.

(3) Any felony involving serious physical injury or death of a person.

(4) Any sex offense pursuant to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves force, serious physical injury, or death.

(5) Any felony involving arson of any type.

(6) Any felony involving forgery of any type.

(7) Any felony involving counterfeiting.

(8) Any felony involving drug trafficking.

(b) The amendments made by this act shall apply to both of the following:

(1) To all crimes committed after January 7, 1985.

(2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985.

(c) Nothing herein shall be construed to mean that the adoption of this act indicates that any former statute of limitations applying to capital offenses is invalid as the result of any decision of any court invalidating the capital punishment statutes of the State of Alabama.
Ala. Code § 15-14-55 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-55
Section 15-14-55 Exemption from Rule Requiring Exclusion of Witnesses from Court
Status: in_force

A victim of a criminal offense shall be exempt from the operation of rule of court, regulation, or statute or other law requiring the separation or exclusion of witnesses from court in criminal trials or hearings.
Ala. Code § 15-20A-24 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-24
Section 15-20A-24 Adult Sex Offender - Relief from Registration and Notification
Status: in_force

(a) At disposition, sentencing, upon completion of probation, or upon completion of a term of registration ordered by the sentencing court, a sex offender may petition the court for relief from the requirements of this chapter resulting from any of the following offenses, provided that he or she meets the requirements set forth in subsection (b):

(1) Rape in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-62.

(2) Sodomy in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-64.

(3) Sexual abuse in the second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67.

(4) Sexual misconduct, as provided by Section 13A-6-65.

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

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

(b) The sex offender shall prove by clear and convincing evidence all of the following to obtain relief under this section:

(1) The sex offense did not involve force and was only a crime due to the age of the victim.

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

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

(c) If the petition for relief is filed after sentencing or disposition, the petition for relief shall be filed as follows:

(1) If the adult or youthful offender sex offender was adjudicated or convicted in this state, the petition for relief shall be filed in the civil division of the circuit court where the adult or youthful offender sex offender was adjudicated or convicted.

(2) If the adult or youthful offender sex offender was adjudicated or convicted in a jurisdiction outside of this state, the petition for relief shall be filed in the civil division of the circuit court in the county in which the adult or youthful offender sex offender resides.

(3) If the juvenile sex offender was adjudicated in this state, the petition for relief shall be filed in the juvenile court.

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

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

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

b. The prosecuting attorney of the county where the sex offender resides.

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

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

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

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

(1) The offense that the sex offender was initially charged with and the offense that the sex offender was adjudicated or convicted of, if different.

(2) A certified copy of the adjudication or conviction requiring registration including a detailed description of the sex offense, if the petition is filed upon completion of probation or a term of registration.

(3) Proof of the age of the victim and the age of the sex offender at the time of the commission of the sex offense.

(4) A list of each registering agency in each county and jurisdiction in which the sex offender is required to or has ever been required to register, if the petition is filed upon completion of probation or a term of registration.

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

(6) Any other information requested by the court relevant to the request for relief.

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

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

(h) The court shall issue an order releasing the sex offender from some or all requirements of this chapter pursuant to subsection (i) if the court finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. In determining whether to grant relief, the court may consider any of the following:

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

(2) Recommendations from the prosecuting attorney.

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

(4) The facts and circumstances surrounding the offense.

(5) The relationship of the parties.

(6) The criminal history of the sex offender.

(7) The protection of society.

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

(i) The court may grant full or partial relief from this chapter. If the court grants relief, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney and the Alabama State Law Enforcement Agency.

(j) If the court denies the petition, the sex offender may not petition the court again until 12 months after the date of the order denying the petition.

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

(l) In addition to sex offenders adjudicated or convicted of a sex offense on or after July 1, 2011, a sex offender adjudicated or convicted of any of the offenses specified in subsection (a) prior to July 1, 2011, who meets the eligibility requirements specified in subsection (b), except as otherwise provided for in subsection (k), may petition the court for relief pursuant to this section.

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

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

(o) Any person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
Ala. Code § 15-13-121 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-121
Section 15-13-121 Bail Not Discharged by Irregularities or by Want of Qualifications
Status: in_force

No bail shall be discharged by reason of the want of 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 parties thereto, because the defendant has not joined in the same, or because the undertaking of bail is not taken and approved by the proper officer where the defendant is released from custody on approval of such undertaking of bail.
Ala. Code § 15-20-22 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-22
Section 15-20-22 Adult Criminal Sex Offender - Requirements Prior to Release
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-18-114 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-114
Section 15-18-114 Investigation by Department Regarding Inmate Suitability; Notice Required; Objections
Status: in_force

Employees of the department are authorized to make investigations and recommendations concerning the suitability of certain inmates for the program and otherwise to assist the commissioner in the implementation of the program authorized by this article. Provided, however, before an inmate can come under the SIR program, the sentencing judge and district attorney shall be given 10 days’ written notice. Provided, however, before an inmate can come under the SIR program, the victim who has received physical injury or bodily harm as a result of the crime for which the inmate was incarcerated shall receive notice in the form of a letter from the district attorney or prosecuting attorney at the last known address, one week prior to the inmate going on the SIR program. Provided, further, the district attorney or prosecuting attorney involved in prosecution of said inmate shall receive written notice from the Department of Corrections in the form of a certified letter two weeks prior to the inmate going on the SIR program.

If the victim has received physical injury or bodily harm as a result of the offense, the district attorney or his assistant may represent the victim in communicating his or her objections to the Commissioner of the Department of Corrections.
Ala. Code § 15-4-3 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-3
Section 15-4-3 Subpoenas for Witnesses; Witnesses to Be Summoned and Examined
Status: in_force

In an inquest under this chapter, the coroner may issue subpoenas for witnesses returnable forthwith or at such time and place as he may appoint. He must summon and examine as a witness any person who, in his opinion or that of any of the jury, has any knowledge of the facts; and he may also summon as a witness a surgeon or physician who must inspect the body in the presence of the jury and give a professional opinion as to the cause of death.
Ala. Code § 15-3-7 — Alabama Code / Title 15 / Chapter 3 / Section 15-3-7
Section 15-3-7 When Prosecution Deemed Commenced
Status: in_force

A prosecution may be commenced within the meaning of this chapter by finding an indictment, the issuing of a warrant or by binding over the offender.
Ala. Code § 15-11-2 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-2
Section 15-11-2 Jurisdiction of District Court; Prosecution Not Barred by Finding of No Probable Cause
Status: in_force

The district court shall exercise exclusive jurisdiction to hold preliminary hearings in prosecutions for felonies.

A preliminary hearing determination by the district court finding no probable cause shall not be res judicata with respect to the issue of probable cause, and the state shall not be barred from proceeding further.
Ala. Code § 15-13-123 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-123
Section 15-13-123 Surety Discharged - Failing to Accept Detainer
Status: in_force

In all cases where any law enforcement officer, as described in Section 15-13-122, who has custody of a defendant for which a surety presents to the officer a bondsman’s process in order to place a detainer on the defendant, refuses to accept and place a detainer on the defendant or in detainer cases where the defendant is released and the surety is not notified or given the opportunity to arrest the defendant as set out in Section 15-13-122, the surety shall be exonerated of all liability on the bail by the court having jurisdiction over the bail.
Ala. Code § 15-5-8 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-8
Section 15-5-8 When Executed; Time of Execution to Be Stated
Status: in_force

In cases in which the property to be seized does not include a controlled substance, a search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be executed at any time of the day or night. Except in cases in which the property to be seized includes a controlled substance, the issuing judge or magistrate must state in the warrant, according to the character of the affidavits, whether it is to be executed by day or at any time of the day or night. In cases in which the property to be seized includes a controlled substance, a warrant may be executed at any time of the day or night.
Ala. Code § 15-18-115 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-115
Section 15-18-115 Restitution; Schedule of Payment; Disposition of Unclaimed, Etc., Funds
Status: in_force

When an inmate is placed in the Supervised Intensive Restitution program, and has been ordered by a court of this state to make restitution to his victim, it shall be made a condition of his participation in the program that he make restitution payments to the victim until the restitution is paid in full. Where restitution to the victim has not been ordered by a court of this state as part of an inmate’s sentence, the commissioner may require, as a condition of the inmate’s participation in the program, that the inmate agree to an amount of restitution to be paid to the victim through the circuit clerk of the county where the crime was committed which amount shall be set by the commissioner. Any funds not paid out or which are unclaimed after 12 months shall be transferred by the circuit clerk having custody thereof to the State General Fund. The supervising correctional officer will see that a schedule of payment of restitution is established and continued until paid in full.
Ala. Code § 15-22-77 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-77
Section 15-22-77 Provisions of Article Cumulative; Not Repealer
Status: in_force

The provisions of this article are cumulative to the provisions of any other laws and shall not be construed to repeal or supersede any laws not inconsistent herewith.
Ala. Code § 15-13-217 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-217
Section 15-13-217 Examination; Continuing Education; Certification; Costs and Fees. (Amended by Act 2026-542)
Status: in_force

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

(a) A professional bondsman, professional surety bondsman, or recovery agent commencing business in any judicial circuit in this state on and after June 1, 2020, shall attend a 16-hour instructional course conducted by an educational provider approved by the board and pass an examination approved by the board and administered by an educational provider approved by the board. Upon completion of the course and passage of the examination, the individual shall be awarded a pre-licensure examination certificate by the board, copies of which may be submitted to the presiding circuit judge, or other judicial authority, along with the other requirements set forth in Section 15-13-159 or Section 15-13-160. Those professional bondsmen, professional surety bondsmen, and recovery agents doing business immediately prior to June 1, 2020, are exempt from the initial instructional course and examination.

(b) Unless exempted pursuant to subsection (i), a professional bondsman, professional surety bondsman, or recovery agent making an annual filing in any circuit in this state pursuant to Section 15-13-159 or Section 15-13-160 on and after March 1, 2020, shall first complete eight hours of continuing education conducted by an educational provider approved by the board. A professional bail company owner, who is at least 55 years of age and has five years of experience in the profession, shall only be required to complete four hours of continuing education. The educational provider approved by the board shall provide the board with the name of all professional bondsmen, professional surety bondsmen, or recovery agents completing eight hours of continuing education. Upon completion of the eight hours of continuing education, the individual shall request issuance of an annual continuing education certificate from the board, copies of which may be submitted to the presiding circuit judge along with the other requirements set forth in Section 15-13-159 or Section 15-13-160.

(c) The instructional course, examination, or continuing education courses shall be taught or sponsored by an educational provider approved by the board, which must apply annually for authority to offer such examination or courses.

(d) A list of approved course providers shall be published on the website of the board.

(e) The cost of the instructional course shall be set by the approved course provider but shall not exceed five hundred dollars ($500) per course. Upon completion of the instructional course, the approved course provider shall issue an instructional course completion certificate in a form approved by the board. This completion certificate, along with the application fee, must be presented to the board in order to take the pre-licensure examination. An instructional course completion certificate shall be valid for a period of 12 months.

(f) The cost of continuing education courses shall be set by the approved course provider but shall not exceed seventy-five dollars ($75) per hour. Any fee required to be paid by a course provider for reporting continuing education course completion to the board may be added to the maximum charges provided in this subsection.

(g) Each professional bondsman, professional surety bondsman, and recovery agent must renew his or her certification with the board by completing eight hours of approved continuing education prior to September 30 each year. Late renewal within the next 12 months may be had by completing the eight hours of continuing education and paying a renewal license fee of twice the amount otherwise required. If a professional bondsman, professional surety bondsman, or recovery agent fails to renew a certification for a 12-month period, the professional bondsman, professional surety bondsman, or recovery agent will be required to take the instructional course and examination to again become certified.

(h) The board, by rule, shall set the fees to be paid to the board in the administration of this section, not to exceed the maximum amounts set forth below:

(1)a. Application fee for a professional bondsman, professional surety bondsman, or a recovery agent, a nonrefundable fee to be paid to take the examination and for the issuance of the pre-licensure examination certificate, per examination attempt: Up to five hundred dollars ($500).

b. Application fee for a professional bail company or a professional surety company, a nonrefundable fee to be paid for the issuance of an initial license: Up to five hundred dollars ($500). Payment of this fee does not alleviate the requirement that each individual professional bondsman, professional surety bondsman, and recovery agent be licensed under this chapter.

(2)a. Annual license renewal fee for a professional bondsman, professional surety bondsman, or recovery agent, to be paid to receive the annual continuing education certificate: From fifty dollars ($50) up to five hundred dollars ($500).

b. Annual license renewal fee for a professional bail company or a professional surety company, to be paid to receive the renewal license: Up to one hundred dollars ($100).

(i) Any professional bondsman or professional bail company owner who, on August 1, 2021, is at least 65 years of age and has 15 years of experience in the profession, shall be exempt from the continuing education requirements of this article.

(j) The board shall adopt rules necessary to carry out this section.
Ala. Code § 15-20A-1 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-1
Section 15-20A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Sex Offender Registration and Community Notification Act.
Ala. Code § 15-15-3 — Alabama Code / Title 15 / Chapter 15 / Section 15-15-3
Section 15-15-3 How Plea Determined
Status: in_force

In criminal proceedings, a plea is to be determined according to its substance and not by its commencement or conclusion.
Ala. Code § 15-23-5 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-5
Section 15-23-5 Alabama Crime Victims Compensation Commission - Powers and Duties
Status: in_force

The commission shall have all the powers and privileges of a corporation and all of its business shall be transacted in the name of the commission. In addition to any other powers and duties specified elsewhere in this article, the commission may do any of the following:

(1) Regulate its own procedures except as otherwise provided in this chapter.

(2) Define any term not defined in this article.

(3) Prescribe forms necessary to carry out the purposes of this article.

(4) Obtain access to investigative reports made by law enforcement officers or law enforcement agencies which may be necessary to assist the commission in making a determination of eligibility for compensation under this article; provided, however, the reports and the information contained herein, when received by the commission, shall be confidential and under no circumstances may the commission disclose the same except to a grand jury.

(5) Take judicial notice of general, technical, and scientific facts within their specialized knowledge.

(6) Publicize the availability of compensation and information regarding the filing of claims.

(7) Collect all monies provided by this article to be collected by the commission.

(8) Provide for and maintain all necessary administrative facilities and personnel.

(9) Provide for payment of all administrative salaries, fees, and expenses.

(10) Cause its monies to be invested and its investments sold or exchanged and the proceeds and income collected.

(11) Determine who is a victim or dependent.

(12) Consider all applications for compensation or other benefits provided for in this article.

(13) a. Authorize the executive director to determine eligibility for all applications for compensation and authorize payment for approved and reduced claims.

b. The commission shall review all contested cases pursuant to the Alabama Administrative Procedure Act. The commission may affirm, reverse, or modify the executive director’s claims decisions.

(14) Adopt rules to expedite the administration of the affairs of the commission not inconsistent with this article.

(15) Provide descriptive literature and promotional items respecting the commission and its duties.

(16) Pay all compensation or other benefits that may be determined to be due under this article and under the rules of the commission.

(17) Employ agents, attorneys, actuaries, and other specialized personnel as needed by the commission.

(18) Receive by gift, grant, devise, or bequest any monies or properties of any nature or description.

(19) Accept and administer loans, grants, and donations from the federal government, its agencies, and all other sources, public and private, for carrying out any of its functions.

(20) Develop a comprehensive analysis of the problems regarding victims of crime within the criminal justice system or systems of this state and formulate model programs, plans, or methods for lessening the physical, mental, or financial burdens placed on innocent crime victims by the operation of the criminal justice system both on the state and local level.

(21) Identify laws, rules, or regulations proposed or adopted by any agency or institution of this state or any political subdivision thereof which have or will have a significant adverse or beneficial impact upon crime victims and to advocate the adoption, repeal, or modification thereof in the interest of innocent victims of crime.

(22) Collect, develop, and maintain statistical information, records, and reports to carry out its powers, duties, or functions pursuant to this article. All agencies and institutions of this state or the political subdivisions thereof, upon a written request by the commission, shall furnish the commission statistical information or data as requested by the commission to fulfill its duties and responsibilities.

(23) Award loans or grants of money, equipment, or personnel to public or private nonprofit corporations or associations, agencies of the State of Alabama or political subdivisions thereof, or to state, county, or municipal law enforcement, prosecutorial, or judicial agencies upon terms and conditions as the commission may deem proper for the purpose of developing, enhancing, or establishing bona fide model crime victims service programs which emphasize the collection of restitution from criminals as an integral part of the criminal justice process. The loans or grants shall only be awarded when sufficient funds are available in excess of reasonably anticipated or projected claims for compensation.

(24) Provide for the cost of forensic medical examinations for the purpose of gathering evidence and treatment for preventing sexually transmitted infections in sexual abuse crimes and offenses.

(25) Carry out any powers expressly granted elsewhere in this article to the commission.

(26) All other powers necessary for the proper administration of this article.
Ala. Code § 15-13-140 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-140
Section 15-13-140 Reasons for Default Heard at Any Time, and Allowed Without Costs
Status: in_force

Reasons for default shall be heard by the court on application, at any time when not engaged in other business. When a conditional judgment is set aside for sufficient cause, no cost shall be imposed on the sureties. This section has no application where money is deposited instead of bail. Sureties may appear before the courts of this state or its subdivisions to answer any show cause order, conditional or final forfeiture to give any reasons for default, to present any defense to the default, and for any other purpose of informing the courts about information relating to the appearance or non-appearance of the defendant on the bail of which they are surety. If the surety is a professional surety company or professional bail company then any agent or representative of the professional surety company or professional bail company may appear for the same purposes.
Ala. Code § 15-10-12 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-12
Section 15-10-12 When Defendant to Be Taken Before Judge or Magistrate Issuing Warrant
Status: in_force

When the warrant of arrest is executed in any county other than the one in which it is issued and is for a felony, or when for a misdemeanor and the defendant is not bailed according to the provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge or magistrate issuing the warrant or, if such judge or magistrate is unable to attend or his office is vacant, before some other judge or magistrate of the county in which such warrant is issued, and the warrant, with a proper return thereof, must be delivered to such judge or magistrate.
Ala. Code § 15-20-29 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-29
Section 15-20-29 Juvenile Criminal Sex Offender - Requirements Prior to Release
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-18-71 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-71
Section 15-18-71 Enforceability of Order When Defendant Imprisoned; Condition of Parole
Status: in_force

When a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable during the period of imprisonment when the defendant has any asset or other income or any portion thereof to which a defendant is or may be entitled. The Board of Pardons and Paroles shall be notified of the amount of restitution by its parole officers and when and if the defendant is paroled, it shall be made a condition of the parole to continue the restitution payments to the victim. If during the period of the defendant’s parole, he or she fails to make restitution as ordered by the original court, it shall be grounds for revocation of parole.
Ala. Code § 15-20-23.1 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-23.1
Section 15-20-23.1 Adult Criminal Sex Offender - Notice of Intent to Change Place of Employment
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-23-78 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-78
Section 15-23-78 Right to Information from Agency Having Physical Custody of Prisoner
Status: in_force

Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information:

(1) Notice of an end of sentence release within 15 days prior to the end of the sentence of the prisoner.

(2) Notice of the death within 15 days after the prisoner has died.
Ala. Code § 15-18-66 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-66
Section 15-18-66 Definitions
Status: in_force

As used in this article, the following words and terms shall have the meanings respectively ascribed by this section:

(1) CRIMINAL ACTIVITIES. Any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.

(2) PECUNIARY DAMAGES. All special damages which a person shall recover against the defendant in a civil action arising out of the facts or events constituting the defendant’s criminal activities; the term shall include, but not be limited to the money or other equivalent of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel, medical, dental or burial expenses and wages including but not limited to wages lost as a result of court appearances.

(3) RESTITUTION. Full, partial or nominal payment of pecuniary damages to the victim or to its equivalent in services performed or work or labor done for the benefit of the victim as determined by the court of record.

(4) VICTIM. Any person whom the court determines has suffered a direct or indirect pecuniary damage as a result of the defendant’s criminal activities. “Victim” shall not include any participant in the defendant’s criminal activities.
Ala. Code § 15-14-54 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-54
Section 15-14-54 Victim May Not Be Excluded from Courtroom; Removal Generally
Status: in_force

A victim of a criminal offense shall not be excluded from court or counsel table during the trial or hearing or any portion thereof conducted by any court which in any way pertains to such offense, provided, however, a judge may remove a victim from the trial or hearing or any portion thereof for the same causes and in same manner as the rules of court or law provides for the exclusion or removal of the defendant.
Ala. Code § 15-27-1 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-1
Section 15-27-1 Petition to Expunge Records - Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation
Status: in_force

(a) A person who has been charged with a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:

(1) When the charge has been dismissed with prejudice and more than 90 days have passed.

(2) When the charge has been no billed by a grand jury and more than 90 days have passed.

(3) When the person has been found not guilty of the charge and more than 90 days have passed.

(4) When the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or charges have not been refiled.

(5) When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.

(6)a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court program, or any other court-approved deferred prosecution program.

b. Expungement may be a court-ordered condition of a program listed in paragraph a.

c. A petition for expungement may be filed one year from the date of successful completion of a program listed in paragraph a.

(7) When the charge was dismissed without prejudice more than one year ago and has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, violation, or traffic violation, excluding minor traffic violations, during the previous two years.

(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the misdemeanor offense, violation, traffic violation, or municipal ordinance violation during the period the person was being trafficked, and that the person would not have committed the offense or violation but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person’s trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.

(b) Subsection (a) notwithstanding, a person who has been convicted of a misdemeanor offense, violation, traffic violation, or municipal ordinance violation or a person who has been adjudged a youthful offender and the underlying charge is a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:

(1) Except as provided in Section 15-27-4, all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.

(2) Three years have passed from the date of conviction.

(3) If the person was convicted of any of the offenses enumerated in 49 C.F.R. § 383.51, the person was not operating a commercial motor vehicle at the time of the offense, or was not holding a commercial driver license or a commercial learner permit at the time of the offense.

(4) The conviction is not a violent offense, as provided in Section 12-25-32.

(5) The conviction is not a sex offense, as provided in Section 15-20A-5.

(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.

(c)(1) Subject to Section 15-27-16, records related to offenses and convictions may be disclosed to any of the following:

a. A criminal justice agency, district attorney, or prosecuting authority for criminal investigation purposes as provided in Section 15-27-7.

b. A utility and its agents and affiliates.

c. The Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults.

d. Any entity or service providing information to banking, insurance, and other financial institutions as required for various requirements as provided in state and federal law.

(2) Any criminal charges that are expunged or are pending expungement pursuant to this section shall be available for use by any attorney, officer of the court, or the court itself in any civil matters related to the criminal charges expunged or seeking to be expunged, regardless of the outcome of the petitioned expungement. At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged.

(d) The circuit court shall have exclusive jurisdiction of a petition filed under subsections (a) and (b).
Ala. Code § 15-13-153 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-153
Section 15-13-153 Value of Property Determined by Approving Authority
Status: in_force

Any person having the authority to approve and accept property bail shall determine the sufficiency of the bail. As to the value of the property being pledged, the person may take into consideration any property appraisals, including the appraised value by the tax assessor office of the county, or any other documents presented by the owner of the property reflecting a value. The person may request the property owner to produce any documents or other forms which in his or her opinion may aid in the determination of sufficiency. The person may rely solely on the information provided in the affidavit provided by the owner without any verification.
Ala. Code § 15-13-163 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-163
Section 15-13-163 Revocation by Circuit Judges
Status: in_force

The presiding judge of the circuit court may, and on verified motion of the prosecutor shall, subpoena the representatives of the professional surety company or professional bail company or other persons for examination under oath concerning matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant books, tax returns, and financial data. Authority to act as a professional surety company or a professional bail company may be revoked or withheld by the court for violation of this chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully all relevant questions asked by the court, or in the event the professional surety company or professional bail company has outstanding and unpaid final forfeitures anywhere, or in any court in the State of Alabama. As used herein, outstanding unpaid final forfeitures shall be those in which a final order of forfeiture has been entered by the court and 30 days have elapsed since the date of the final judgment; provided, however, that those companies have no petitions, appeals, or other matters of litigation pending of which the court has knowledge.
Ala. Code § 15-1-2 — Alabama Code / Title 15 / Chapter 1 / Section 15-1-2
Section 15-1-2 Limits on Interviews of Victims of Sexual Abuse or Exploitation Under 12 Years of Age; Confidentiality of Court Records of Victims Under 18 Years of Age
Status: in_force

(a) The presiding judge of a judicial circuit, after consultation with the district attorney for the judicial circuit may provide for reasonable limits on the number of interviews a victim of sexual abuse or exploitation, who is under 12 years of age, must submit to for law enforcement or other purposes. The judge shall, to the extent possible, protect the victim from the psychological damage of repeated interrogation while preserving the rights of the public, the victim, and the person charged with the violation.

(b) The court records of a child under the age of 18 years who is a victim of sexual abuse or exploitation shall not be open to the public, but shall be kept in the same manner as juvenile offender records are kept.
Ala. Code § 15-14-3 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-3
Section 15-14-3 Fixing of Time for Trial of Capital Cases
Status: in_force

The court may, on any day of the session, fix the time for the trial of any capital case or cases for any subsequent day of the session.
Ala. Code § 15-18-148 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-148
Section 15-18-148 Employment Income Withholding Order - Penalty for Noncompliance
Status: in_force

Any person who willfully refuses to comply with any court order issued pursuant to the provisions of this article directing such person to withhold, deliver, or pay over any employment income, or other income or to convey, assign, transfer, deliver, or disburse any other income or asset may be deemed in contempt of court and may be held liable to the victim for any restitution lost.
Ala. Code § 15-10-7 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-7
Section 15-10-7 Arrests by Private Persons
Status: in_force

(a) A private person may arrest another for any public offense:

(1) Committed in his presence;

(2) Where a felony has been committed, though not in his presence, by the person arrested; or

(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.

(b) An arrest for felony may be made by a private person on any day and at any time.

(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.

(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.

(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
Ala. Code § 15-1-3 — Alabama Code / Title 15 / Chapter 1 / Section 15-1-3
Section 15-1-3 Foreign Language Interpreters
Status: in_force

(a)(1) If at any stage of a criminal proceeding, protection from abuse proceeding, or juvenile court proceeding or during the juvenile court intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness informs the court that he or she does not speak or adequately understand the English language, the court may appoint an interpreter.

(2) The defendant, juvenile, complainant, petitioner, or witness shall inform the appropriate court of his or her need for an interpreter immediately upon receiving notice to appear in the court.

(3) If the court determines that due process considerations require an interpreter, the court shall appoint a qualified person to interpret the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting assistance. The interpreter shall also interpret the testimony or statements of the defendant, juvenile, complainant, petitioner, or witness, and, where applicable, assist in communications with counsel.

(4) If the court has reason to believe that the defendant, juvenile, complainant, petitioner, or witness requesting an interpreter is capable of speaking and understanding the English language, the court may require that the requestor provide reasonable proof to the court of his or her inability to speak or understand the English language.

(b) Upon appointment, an interpreter shall swear under oath that he or she will render a true and clear interpretation to the best of his or her skill and judgment.

(c) The relations and communications between an appointed interpreter and the requestor are placed on the same basis as those provided by law between attorney and client. Any information obtained by an interpreter from the requestor pertaining to any proceeding then pending shall at all times remain confidential and privileged, unless the requestor expresses a desire that the information be communicated to another person.

(d) An interpreter appointed pursuant to this section shall be entitled to a fee in an amount calculated according to a fee schedule established by the Administrative Director of Courts with the advice and consent of the state Comptroller for his or her services. The fee shall be in addition to actual expenses for travel and transportation. If the interpreter is appointed by a district, circuit, or appellate court the interpreter shall submit his or her expenses to the judge making the appointment for approval. After approval, the clerk of the court shall forward the expenses of the interpreter to the state Comptroller to be paid from the fund within the State General Fund known as “court assessed costs not provided for.” If the interpreter is appointed by another authority, the fee shall be paid out of funds available to that appointing authority. Nothing in this section shall prohibit the court from taxing the costs of the interpreter against one or more of the parties for immediate payment or from requiring reimbursement to the state at a later date.

(e)(1) An individual may become certified as an interpreter after successfully passing an interpretation test created and administered by the Administrative Office of Courts, or an entity approved by the Administrative Office of Courts.

(2) The Administrative Office of Courts may establish a mandatory certification fee, paid by the individual seeking certification, to cover the costs of developing, administering, and grading the interpretation test.

(3) The Administrative Office of Courts may use the funds collected from the certification fee to pay any costs associated with the development, administration, or grading of the interpretation test.

(4) The fees shall be deposited in the State Judicial Administration Fund established in Section 12-19-310.
Ala. Code § 15-13-109 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-109
Section 15-13-109 Bail in Probation Violation Cases
Status: in_force

In cases where the defendant has been placed on, or granted, probation and is arrested on a probation violation warrant, it shall be discretionary with the court having jurisdiction as to whether bail is granted and in what amount.
Ala. Code § 15-20A-21 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-21
Section 15-20A-21 Adult Sex Offender - Community Notification
Status: in_force

(a) Immediately upon the release of an adult sex offender or immediately upon notice of where the adult sex offender plans to establish, or has established a fixed residence, the following procedures shall apply:

(1) In the Cities of Birmingham, Mobile, Huntsville, and Montgomery, the chief of police shall notify all persons who have a legal residence within 1,000 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established as his or her fixed residence.

(2) In all other cities in Alabama with a resident population of 5,000 or more, the chief of police, or if none, then the sheriff of the county, shall notify all persons who have a legal residence within 1,500 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established his or her fixed residence.

(3) In all other municipalities with a resident population of less than 5,000, and in all unincorporated areas, the sheriff of the county in which the adult sex offender intends to reside shall notify all persons who have a legal residence within 2,000 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established as his or her fixed residence.

(b) A community notification flyer shall be made by regular mail or hand delivered to all legal residences required by this section and include registration information pursuant to Section 15-20A-8. In addition, any other method reasonably expected to provide notification may be utilized, including, but not limited to, posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared fixed residence of the released adult sex offender, publicizing the notice in a local newspaper, posting electronically, including the Internet, or other means available.

(c) Nothing in this chapter shall be construed as prohibiting the Secretary of the Alabama State Law Enforcement Agency, a sheriff, or a chief of police from providing community notification under the provisions of this chapter by regular mail, electronically, or by publication or periodically to persons whose legal residence is within the guidelines of this chapter or more than the applicable distance from the residence of an adult sex offender.

(d) When a homeless adult sex offender who lacks a fixed residence registers pursuant to Section 15-20A-12, notification shall be provided by posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available.
Ala. Code § 15-20A-37 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-37
Section 15-20A-37 Failure to Register; Absconding
Status: in_force

(a) When a sex offender declares, and the county is notified that a sex offender intends to reside, maintain employment or a volunteer position, or attend school in the county and the sex offender fails to appear for registration, the county that received the notice shall immediately inform the sheriff of the county that provided the notice that the sex offender failed to appear for registration.

(b) When a sex offender fails to register or cannot be located, an effort shall immediately be made by the sheriff in the county in which the sex offender failed to register or is unable to be located to determine whether the sex offender has absconded.

(c) If no determination can be made as to whether the sex offender has absconded, the sheriff of the county in which the sex offender failed to appear for registration shall immediately notify the Alabama State Law Enforcement Agency and the United States Marshals Service that the sex offender cannot be located and provide any information available to determine whether the sex offender absconded to the United States Marshals Service.

(d) Once a determination is made that the sex offender has absconded, the following shall occur:

(1) The sheriff of the county in which the sex offender has absconded shall immediately obtain a warrant for the arrest of the sex offender.

(2) The sheriff of the county in which the sex offender has absconded shall immediately notify the United States Marshals Service and the Alabama State Law Enforcement Agency.

(3) The Alabama State Law Enforcement Agency shall immediately update its public registry website to reflect that the sex offender has absconded.

(4) The Alabama State Law Enforcement Agency shall immediately notify the Criminal Justice Information Center, who shall immediately notify the National Criminal Information Center.

(5) The Alabama State Law Enforcement Agency shall immediately notify the National Sex Offender Registry to reflect that the sex offender has absconded and enter the information into the National Crime Center Wanted Person File.

(e) A sex offender who knowingly fails to appear for registration after declaring his or her intent to reside, be employed, or attend school in a county without notifying local law enforcement in that county that he or she will no longer establish a residence, maintain employment or a volunteer position, or attend school, shall be guilty of a Class C felony.
Ala. Code § 15-20A-39 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-39
Section 15-20A-39 Harboring, Assisting, Concealing, or Withholding Information About a Sex Offender
Status: in_force

(a) A person is guilty of the crime of harboring, assisting, concealing, or withholding information about a sex offender if the person has knowledge or reason to believe that a sex offender is required to register and the person assists the sex offender in avoiding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter if the person does any of the following:

(1) Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the sex offender.

(2) Allows a sex offender to reside at his or her residence to avoid registration if the address is not the address the sex offender listed as his or her residence address.

(3) Warns a sex offender that a law enforcement agency is attempting to locate the sex offender.

(4) Provides the sex offender with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension.

(5) Conceals, attempts to conceal, or assists another in concealing or attempting to conceal the sex offender.

(6) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.

(b) For the purposes of this section, the term law enforcement agency includes, but is not limited to, the Board of Pardons and Paroles.

(c) Knowingly harboring, assisting, or concealing a sex offender is a Class C felony.
Ala. Code § 15-13-25 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-25
Section 15-13-25 Return of Undertakings to Clerk of Court
Status: in_force

All undertakings of bail must be returned by the court or officer by whom taken to the clerk of the court before which the defendant is bound to appear within the same time and in the same manner as is provided by Section 15-10-47 for the return of writs of arrest.
Ala. Code § 15-12-24 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-24
Section 15-12-24 Calculation of Rates
Status: reserved

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
Ala. Code § 15-13-112 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-112
Section 15-13-112 Bond Forms. (Amended by Act 2026-542)
Status: in_force

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

The Supreme Court of Alabama shall prescribe the different forms used for bail bonds and shall publish the forms in the Alabama Rules of Criminal Procedure. The Supreme Court may change the forms from time to time as the court deems necessary but the forms and their terms shall conform to the terms of this chapter or any other laws of the State of Alabama.
Ala. Code § 15-10-70 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-70
Section 15-10-70 Duty of Arresting Officer and Sheriff of Other County
Status: in_force

When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by an officer of the county in which he is arrested, such arresting officer shall immediately commit him to a jail or guardhouse nearest to the place of arrest, and the sheriff of such county shall at once notify the sheriff of the county in which such person is triable of the fact of such arrest and confinement.
Ala. Code § 15-21-33 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-33
Section 15-21-33 Taxation and Collection of Fees and Costs of Witnesses
Status: in_force

(a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the bill of costs, on the subsequent conviction of the party, where he is detained on a criminal charge.

(b) In other cases, the court or judge may impose the costs, or any portion thereof, on either party; and, when the writ is returnable before a judge of the circuit court, the costs must be taxed by the clerk of such circuit court and collected by execution.
Ala. Code § 15-8-3 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-3
Section 15-8-3 Required Contents
Status: in_force

An indictment must contain, in the caption or body thereof, the name of the state, county, court and time when it is preferred and must conclude “against the peace and dignity of the State of Alabama.”
Ala. Code § 15-23-45 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-45
Section 15-23-45 Victim Counselors Not Relieved of Duty to Report Certain Crimes
Status: in_force

This article shall not be construed to relieve victim counselors of any duty to report suspected child abuse or neglect or any evidence that the victim is about to commit a crime.
Ala. Code § 15-16-3 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-3
Section 15-16-3 Costs of Moving Prisoners to Be Defrayed by State; Recovery of Costs by State
Status: in_force

The costs of removing an insane prisoner to and from the Alabama state hospitals under any of the provisions of this chapter must be defrayed by the state as in the case of removal of prisoners from one county to another; and such cost, together with the expenses of such patient in the hospital, may be recovered by the state from such person, his estate or any relative who would have been bound to provide for and maintain him elsewhere.
Ala. Code § 15-18-183 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-183
Section 15-18-183 Recovery of Damages; Exemption from Civil Liability
Status: in_force

The recovery of damages under any judgment or judgments against an authority established under this section shall be limited to one hundred thousand dollars ($100,000) for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or judgments against an authority shall be limited to three hundred thousand dollars ($300,000) in the aggregate where more than two persons have claims or judgments on account of bodily injury or death arising out of any single occurrence. Recovery of damages under any judgment or judgments against an authority shall be limited to one hundred thousand dollars ($100,000) damages or loss of property arising out of any single occurrence. Counties shall be exempt from civil liability for any injury or loss to any person resulting from the operation of a community punishment and corrections program established under this article. This section shall not be construed as limiting any other immunities from civil liability or defenses established under the Constitution of Alabama or any other section of the code or common law, to which counties, authorities, state departments, agencies, courts, or nonprofit entities might be entitled.
Ala. Code § 15-23-41 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-41
Section 15-23-41 Definitions
Status: in_force

As used in this article, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated:

(1) CONFIDENTIAL COMMUNICATION. Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor’s treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence.

(2) VICTIM. A person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence.

(3) SEXUAL ASSAULT. Any sexual offense enumerated in Sections 13A-6-60 through 13A-6-70.

(4) FAMILY VIOLENCE. The occurrence of one or more of the following acts between family or household members:

a. Attempting to cause or causing physical harm.

b. Placing another in fear of imminent serious physical harm.

(5) FAMILY or HOUSEHOLD MEMBERS. Children, spouses, former spouses, persons of the opposite sex living as spouses now or in the past, or persons 60 years of age or older living in the same household and related by blood or marriage.

(6) VICTIM COUNSELING. Assessment, diagnosis, and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. Victim counseling includes, but is not limited to, crisis intervention.

(7) VICTIM COUNSELING CENTER. A private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence.

(8) VICTIM COUNSELOR. Any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims who is not affiliated with a law enforcement agency or a prosecutor’s office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence.
Ala. Code § 15-9-46 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-46
Section 15-9-46 When Prosecution Already Instituted in Alabama
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at his discretion, either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and discharged or convicted and punished in this state.
Ala. Code § 15-21-34 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-34
Section 15-21-34 Summoning and Compensation of Guards to Convey Prisoner
Status: in_force

(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before whom the writ is returnable and conveying him back again if he is not discharged.

(b) In the case provided for in subsection (a) of this section, the officer and guards are entitled to the same compensation as for removing any prisoner on a change of venue, to be paid in the same manner. Such guards are under the control of the officer summoning them, and any guard who refuses to obey or violates the lawful instructions of such officer is guilty of a misdemeanor.
Ala. Code § 15-22-23 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-23
Section 15-22-23 Board of Pardons and Paroles - Meetings; Conditions to Board Actions; Due Notice
Status: in_force

(a) Meetings of the Board of Pardons and Paroles shall be held at the call of the chairman or as may be determined by the board. Meetings set for the purpose of conducting hearings and making determinations concerning pardons, paroles, restorations of political and civil rights, remission of fines and forfeitures, and revocations may be set by the chairman, the board, or a panel of the board designated for such purpose.

(b) The Board of Pardons and Paroles shall have no power or authority to tentatively approve, grant, or order any pardon, parole, or remission of fine or other forfeiture unless and until all of the following conditions are met:

(1) The action is taken in an open public meeting of the board held after notice of the meeting has been given to each member of the board in such manner as the board directs; and

(2) Due notice of the time, date, and place of the meeting and the action to be considered has been given in writing sent by U. S. mail, electronic transmission, or by other commonly accepted method of delivery at least 30 days prior to the meeting to each of the following:

a. The incumbent Attorney General.

b. The district attorney who prosecuted and the judge who presided over the case.

c. The chief of police of the municipality wherein the crime occurred, if the crime was committed in a municipality with a police department.

d. The sheriff of the county in which the crime was committed.

(3) If the district attorney who prosecuted the case or the judge who presided over the case is not living or serving, notice under subdivision (2) shall be given to the district attorney and one of the judges of the circuit in which the subject was convicted.

(4) All persons who are required to be notified under the provisions of this section have been allowed, at their option, to either appear before the board or give their views in writing.

(c) Due notice as used in subdivision (b)(2) of this section shall be defined to include all of the following:

(1) The name of the prisoner or defendant involved.

(2) The crime for which the prisoner or defendant was convicted.

(3) The date of the sentence.

(4) The court in which the conviction occurred.

(5) The sentence imposed, the prisoner’s actual time in confinement, and the prisoner’s minimum release date, as calculated by the Department of Corrections.

(6) The action to be considered by the board.

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

(8) The right of any individual to present his or her views to the board as specified in subsection (b)(2), (3), and (4) or as otherwise permitted by the board’s operating rules.

(d) All of the requirements set out in subsections (b) and (c) are express conditions to any board action approving, granting, or ordering any pardon, parole, remission of fine or other forfeiture, or restoration of civil and political rights.
Ala. Code § 15-20-3 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-3
Section 15-20-3 Courts to Forward Records of Convictions to Director of Public Safety
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-23-104 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-104
Section 15-23-104 Payment of Costs
Status: in_force

This article shall be implemented by the Department of Public Health to the extent state funds are available to pay all costs associated with the requirements of this article. The court may order the person charged to pay for or reimburse the state for the cost of all testing.
Ala. Code § 15-23-103 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-103
Section 15-23-103 Confidentiality of Results
Status: in_force

(a) The results of tests or reports, or information therein, obtained under Section 15-23-102 shall be confidential and shall not be divulged to any person not authorized to receive the information.

(b) A violation of this section is a Class C misdemeanor.
Ala. Code § 15-22-26.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-26.1
Section 15-22-26.1 Hearing Officers
Status: in_force

(a) The position of Board of Pardons and Paroles Administrative Hearing Officer is created and established, subject to provisions of the state Merit System.

(b) The board may appoint or employ, as the board deems necessary, three administrative hearing officers who shall possess the powers and duties prescribed below in subsection (c). The first three appointments shall be provisional appointments made by the board pending job analysis and compilation of the examination for the state Merit System classification.

(c) Administrative hearing officers shall have the following powers and duties, subject to guidelines established by the board:

(1) No later than 12 months prior to the date an inmate is eligible for parole, as determined by the board, the administrative hearing officer shall investigate and review the inmate’s preparedness for release to parole supervision by the board. Such investigation and review shall consider all factors deemed relevant to determine preparedness for release to parole as determined by the board’s guidelines.

(2) No later than 30 days prior to the date an inmate is eligible for parole, as determined by the board, the administrative hearing officer shall interview the inmate to provide the opportunity for the inmate to present his or her case for parole consideration to the board. Such interview may be conducted via video-conference, subject to guidelines and rules established by the board.

(d) The board may adopt guidelines, policies, and procedures necessary for the implementation of this section.
Ala. Code § 15-21-3 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-3
Section 15-21-3 Persons Entitled to Prosecute Writ - Persons Confined as Insane
Status: in_force

Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar a second application alleging that such person has been restored to sanity.
Ala. Code § 15-12-28 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-28
Section 15-12-28 Contract Counsel System - Records, Reports, and Attorney-Client Communications
Status: in_force

Each contract counsel shall keep the records and make the reports as required by the terms of the applicable contract; except, that attorney-client communications involving the contract counsel shall remain confidential.
Ala. Code § 15-9-4 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-4
Section 15-9-4 Deciding of Claims to Rewards by Courts
Status: in_force

When any reward shall be offered for the recovery of stolen property or for information which may lead to the arrest or the arrest and conviction of any criminal, or for both, the court before which conviction is had or the circuit court in the county where the offense was committed, at a criminal session, may decide upon the claims of the parties interested in such reward.
Ala. Code § 15-27-16 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-16
Section 15-27-16 Disclosure of Information from Expunged File Without a Court Order; Liability
Status: in_force

(a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the contents of an expunged file without a court order, or pursuant to a provision of this chapter, shall be guilty of a Class B misdemeanor.

(b) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that makes public or disseminates a record that has been judicially expunged pursuant to this chapter shall be immune from civil liability absent unreasonable, wanton, willful, or intentional conduct.

(c) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that employs, hires, contracts with, or holds any business or contractual relationship with an individual and is unaware of the existence of a criminal record due to an expungement pursuant to this chapter shall be immune from civil liability for damages caused by the person, absent unreasonable, wanton, willful, or intentional conduct.
Ala. Code § 15-12-4 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-4
Section 15-12-4 Voluntary Indigent Defense Advisory Boards
Status: in_force

(a) In each judicial circuit, a voluntary indigent defense advisory board shall be established.

(b) (1) Each board shall be composed of five members who are residents of the judicial circuit in which they are appointed, including the presiding circuit judge as the chair, the president of the local circuit bar association , two attorneys who regularly practice in the criminal or juvenile courts of the judicial circuit, and one other attorney, all selected by the bar commissioner or commissioners for that circuit.

(2) In the event the presiding judge has a conflict of interest that prevents his or her service on the board, the presiding judge shall designate another member of the judiciary from within the circuit to serve on the board.

(3) The membership of the voluntary indigent defense advisory board in each judicial circuit shall be inclusive and reflect the racial, gender, urban, rural, and economic diversity of the judicial circuit.

(4) In a multi-county circuit, the bar commissioner or commissioners shall select the president of a county bar association existing within the circuit to serve on the indigent defense advisory board.

(5) Each member shall serve for a term of one year from the date of appointment and members may be reappointed.

(6) Vacancies on the indigent defense advisory board shall be filled by the presiding judge.

(c) Members of the board shall serve without compensation; except, that necessary travel expenses in connection with board business shall be paid by the office in the same manner as for state employees generally.

(d) The board shall meet at least once quarterly and shall meet whenever so requested by the presiding circuit judge or by two members of the board. Three members shall constitute a quorum for conducting business.

(e) The board shall perform the following duties and have the following powers:

(1) Analyze, study, and determine the method of indigent defense systems to be used in the circuit. The director may appeal the determination of the 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.

(2) Provide to the director any information reasonably requested regarding the indigent defense systems used or recommended for the circuit.

(3) a. At the request of the director, review and provide written recommendations on any statements , fee declarations, cumulative timesheets, or bills rendered or submitted for the provision of indigent defense services in the circuit.

b. In reviewing any fee declarations or cumulative timesheets, the board shall consider all of the following:

1. Billing standards and practices established by the director and contained in Chapter 355-9-1 of the Alabama Administrative Code.

2. The prior billing history of the attorney, which shall be provided by the Office of Indigent Defense Services along with the fee declaration.

3. Any prior fee voucher adjustment that resulted in a reduction of requested fees or other recommended remedial action and the nature of the remedial action as determined by the director.

c. Following the review of a fee declaration, but prior to the issuance of any written recommendation to the director, the board shall provide the attorney with an opportunity to provide evidence and argument in support of the fee voucher.

d. The board shall submit a written report containing recommendations based on its review of the fee voucher and its communications with the attorney of record.

(4) Convene a meeting of all attorneys handling court appointed representation of indigent defendants to review billing standards and practices adopted by the Office of Indigent Defense Services.

(f) Members of the board shall have the same immunity afforded to state agents as provided in Section 36-1-12.
Ala. Code § 15-21-23 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-23
Section 15-21-23 Judgment, Etc., or Contempt Commitment Not to Be Inquired Into
Status: in_force

On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order, judgment, decree or process of any court legally constituted, nor into the justice or propriety of any commitment for contempt made by a court, officer or body according to law and charged in such commitment.
Ala. Code § 15-20-26 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-26
Section 15-20-26 Adult Criminal Sex Offender - Prohibited Residence Locations, Etc
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-18-176 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-176
Section 15-18-176 Submission and Format of Plan; Application Process and Procedures; Participation Voluntary
Status: in_force

(a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the proposed program. The community punishment and corrections plan shall have the approval of the county commission in the affected counties prior to submission to the department. Any plan shall specifically state the maximum number of inmates eligible to participate in the program.

(b) The format for any community punishment and corrections plan shall be specified by the division in its application process and procedures. Funding and grant evaluation criteria shall be outlined in the application process and procedures to be developed by the division in order that each applicant may know the basis upon which funds will be granted. The department shall adopt rules pursuant to the Administrative Procedure Act outlining the application process and procedures.

(c) The application process and procedures should include a performance-based reimbursement funding plan, developed by the department, for funding community punishment and corrections plans that utilize evidence-based practices as defined in Section 12-25-32 in the treatment and supervision of community punishment and corrections program participants and that meet specified treatment and supervision targets as outlined in the application. The performance-based reimbursement plan outlined in the application process and procedures should also include higher reimbursement rates for community punishment and corrections plans that include behavioral health assessment and treatment referral, to include behavioral and substance abuse treatment, for community punishment and corrections program participants, as well as for local probationers and parolees under the supervision of the Board of Pardons and Paroles. The Department of Corrections, along with the Board of Pardons and Paroles, the Department of Veterans Affairs, the Department of Public Health, and the Department of Mental Health, shall collaborate with the Office of the Governor to implement the provisions of this subsection relating to behavioral health treatment and substance abuse treatment services. The Office of the Governor shall ensure that treatment services that receive funding from the state or through court-ordered monies utilize such funding and monies for programs reasonably expected to reduce recidivism among community corrections offenders.

(d) The application process and procedures should include a requirement that each community punishment and corrections plan establish guidelines to ensure that the supervision and treatment of offenders participating in a community punishment and corrections program is, to the extent practicable, individualized based on the offender’s risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, administered by the community punishment and corrections program, and that treatment and supervision resources, as well as behavioral health assessment and treatment referral services, are, within the resources available, prioritized based on those offenders who have the highest risk of reoffending. The plan shall include a list of services available for veterans and, servicemen, and, when appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as a possible alternative for mentoring and supervision.

(e) Participation in the programs set forth in this article is voluntary. Any participating authority, county commission, or other nonprofit entity may notify the director of the division of its intention to withdraw from participation in the community punishment and corrections program contract. The withdrawal will become effective on the last day of the grant year.
Ala. Code § 15-10-90 — Alabama Code / Title 15 / Chapter 10 / Section 15-10-90
Section 15-10-90 Sheriffs to Fingerprint Persons Taken into Custody; Disposition of Copies of Fingerprints
Status: in_force

It shall be the duty of the sheriff of each county in this state who shall first take a person into custody to fingerprint such person and furnish a copy of such fingerprints, with the fingerprint card properly filled out, to the Director of the Federal Bureau of Investigation, Washington, D.C., and a copy to the Director, Department of Public Safety, State Bureau of Investigation, Montgomery, Alabama.
Ala. Code § 15-13-82 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-82
Section 15-13-82 Conditional Judgment - When Set Aside or Made Absolute; When Excuses for Default Heard
Status: in_force

(a) If the defendants appear and show sufficient cause for their default on bail, to be determined by the court, the conditional judgment must be set aside; but, if the excuse is not sufficient or if they fail to appear, such judgment must be made absolute for the entire sum expressed in the undertaking, or any portion thereof, according to the circumstances.

(b) Excuses for default on bail must be heard by the court on application at any time when not engaged in other business. When a conditional judgment is set aside, no cost must be imposed on the defendants; provided, however, that this section has no application where money is deposited instead of bail.
Ala. Code § 15-11-15 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-15
Section 15-11-15 Court to Report When Person Held on Indictment; Report When No Committals
Status: in_force

(a) When any person is held by a district court to answer an indictment for a public offense, it is the duty of such court to return to the district attorney immediately after the order holding or committing such person the affidavit and warrant of arrest, with a transcript of the docket, a list of the state’s witnesses and all costs and all undertakings of bail by parties or witnesses in the case.

(b) When there has been no such committals since the last session of the circuit court, the district court shall make a report of that fact to the district attorney.
Ala. Code § 15-8-34 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-34
Section 15-8-34 Description of Animal in Indictment for Offense Concerning Same
Status: in_force

In an indictment for the larceny of any animal or for any other public offense committed in reference to any animal, it is sufficient to describe the animal by such name as, in common understanding, embraces it, without designating its sex.
Ala. Code § 15-7-20 — Alabama Code / Title 15 / Chapter 7 / Section 15-7-20
Section 15-7-20 Discharge of Defendant - by Arresting Officer
Status: in_force

When the offense described in an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance at the next term of the court having jurisdiction of the offense to answer any indictment which may be found against him therefor; and, if such court is in session, for his appearance at such court.
Ala. Code § 15-8-110 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-110
Section 15-8-110 Preferring of New Indictment; Form of Entry of Record
Status: in_force

When an indictment is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another indictment to be preferred at the session at which such proof is made or at a subsequent session, in which case an entry of record must be made to the effect following: “The State ) In this case, it appearing to the court that an indictment was preferred against the defendant at the _____ session, 20__, (stating the time) and that said indictment is lost, v.) A. B.)

mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against the defendant for the same offense.”
Ala. Code § 15-18-21 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-21
Section 15-18-21 Offense Punishable by Imprisonment in County Jail
Status: in_force

When an offense is punishable by imprisonment in the county jail, such imprisonment must be imposed by the court, unless the discretion is expressly conferred on the jury.
Ala. Code § 15-18-77 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-77
Section 15-18-77 Restitution Centers - Services; Powers of Board of Pardons and Paroles, Counties and Municipalities
Status: in_force

The State Board of Pardons and Paroles, the county commissions and the governing authorities of municipalities are hereby authorized to cooperate in the institution and administration of services at restitution centers as authorized in Section 15-18-76.

The Board of Pardons and Paroles, the county commissions and the governing authorities of municipalities are authorized jointly:

(1) To seek funding from federal or other sources to provide the maximum supportive services for offenders and the families of offenders who are participating in the restitution program;

(2) To develop additional programs whereby the offenders may be afforded the opportunity to contribute to society and the support of their families through restitution programs; and

(3) To develop pilot programs of counseling, training and job placement whereby restitution may be accomplished; such programs may be residential or nonresidential as appropriate.
Ala. Code § 15-25-32 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-32
Section 15-25-32 Out-of-Court Statement - Requirements for Admissibility
Status: in_force

An out-of-court statement may be admitted as provided in Section 15-25-31, if either of the following occur:

(1) The witness testifies at the proceeding, testifies by means of video deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as is provided in Section 15-25-3, and at the time of the testimony is subject to cross-examination about the out-of-court statements.

(2) The court finds that the witness’s out-of-court statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness and there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the witness from the jurisdiction of the court or that the defendant engaged in wrongdoing that was intended to, and did, procure the unavailability of the witness.
Ala. Code § 15-23-73 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-73
Section 15-23-73 Impact Statement; Right to Review Pre-sentence Investigative Report
Status: in_force

(a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.

(b) The victim shall have the right to review a copy of the pre-sentence investigative report, subject to the applicable federal or state confidentiality laws, at the same time the document is available to the defendant or his or her counsel.
Ala. Code § 15-20A-3 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-3
Section 15-20A-3 Applicability
Status: in_force

(a) This chapter is applicable to every adult sex offender convicted of a sex offense as defined in Section 15-20A-5, without regard to when his or her crime or crimes were committed or his or her duty to register arose.

(b) Any adult sex offender shall be subject to this chapter for life.

(c) This chapter is applicable to juvenile sex offenders who are adjudicated delinquent pursuant to the Alabama Juvenile Justice Act, Sections 12-15-101 to 12-15-601, inclusive, formerly Sections 12-15-1 to 12-15-176, inclusive, Code of Alabama 1975, of a sex offense as defined in Section 15-20A-5.

(d) A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15-20A-5 on or after July 1, 2011, shall be subject to this chapter for the duration of time as provided in Section 15-20A-28. A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15-20A-5 prior to July 1, 2011, shall be subject to registration and verification pursuant to this chapter for 10 years from the last date of release on the sex offense subjecting the juvenile sex offender to registration, and the juvenile sex offender shall be subject to notification during the registration period if notification was previously ordered by the sentencing court.

(e) This chapter is applicable to youthful offender sex offenders who are adjudicated as a youthful offender pursuant to the Youthful Offender Act, Sections 15-19-1 to 15-19-7, of a sex offense as defined in Section 15-20A-5.

(f) A youthful offender sex offender adjudicated as a youthful offender of a sex offense as defined in Section 15-20A-5 on or after July 1, 2011, shall be subject to this chapter as provided in Section 15-20A-35. A youthful offender sex offender adjudicated as a youthful offender of a sex offense as defined in Section 15-20A-5 prior to July 1, 2011, shall be treated as follows:

(1) If the youthful offender sex offender was not previously adjudicated or convicted of a sex offense, he or she shall be treated as a juvenile sex offender adjudicated prior to July 1, 2011, pursuant to subsection (d).

(2) If the youthful offender sex offender was previously adjudicated or convicted of a sex offense, he or she shall be treated as an adult sex offender pursuant to subsection (b).
Ala. Code § 15-9-35 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-35
Section 15-9-35 Arrest Warrant - Issuance; Contents
Status: in_force

If the Governor shall decide that an extradition demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to a sheriff, marshal, coroner or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue.
Ala. Code § 15-18-122 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-122
Section 15-18-122 Exemption of Program from Administrative Procedure Act
Status: in_force

The Supervised Intensive Restitution (SIR) program is hereby exempted from the Administrative Procedure Act.
Ala. Code § 15-20A-6 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-6
Section 15-20A-6 Allegation of Sexual Motivation. (Amended by Act 2026-375)
Status: in_force

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

(a)(1) The indictment, count in the indictment, information, complaint or warrant charging the offense may include a specification of sexual motivation or the prosecuting attorney may file an allegation of sexual motivation in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.

(2) If a specification is included in the indictment, count in the indictment, information, complaint, or warrant charging the offense the specification shall be stated at the end of the body of the indictment, count in the indictment, information, complaint, or warrant and shall be in substantially the following form: “SPECIFICATION or SPECIFICATION TO THE FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the offender committed the offense with a sexual motivation.”

(3) If the prosecuting attorney files an allegation of sexual motivation, it shall be filed within a reasonable time after indictment to give sufficient notice to the defendant.

(b) If the indictment, count of the indictment, information, complaint, or warrant charging the offense includes a specification of sexual motivation or if the prosecuting attorney files an allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation.

(c) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication as a youthful offender, of whether or not a sexual motivation was present at the time of the commission of the offense unless the defendant has a trial by jury.

(d) If a defendant has a trial by jury, the jury, if it finds the defendant guilty, shall also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation.

(e) If there is a finding of sexual motivation, the finding shall be made part of the record of conviction or adjudication.

(f) For purposes of this section, sexual motivation means that one of the purposes for which the defendant committed the crime was for the purpose of the sexual gratification of the defendant.

(g) This section shall not apply to sex offenses as defined in subdivisions (1) to (40), inclusive, of Section 15-20A-5.
Ala. Code § 15-21-8 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-8
Section 15-21-8 Writ to Be Granted Without Delay; to Whom Writ Returnable
Status: in_force

(a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from the petition itself or from the documents thereunto annexed that the person imprisoned or restrained is not entitled to the benefit of the writ under the provisions of this chapter.

(b) When the person is confined in the penitentiary, the writ must be made returnable before the circuit court of the county in which the convict is confined, but if the writ is granted more than 10 days before the time fixed for the holding of such court, it must be made returnable before the nearest circuit court judge. When a person is a patient or confined in any hospital in the state, the writ must be made returnable before the circuit court of the county in which the hospital is located in which he is so confined. In all other cases, the writ must be made returnable before the officer by whom it is granted.
Ala. Code § 15-13-150 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-150
Section 15-13-150 Cumulative Punishment
Status: in_force

Nothing in this chapter shall interfere with or prevent the exercise of power to punish for contempt by the courts.
Ala. Code § 15-16-67 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-67
Section 15-16-67 Determination as to Condition of Defendant; Disposition of Defendant
Status: in_force

(a)(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release.

(2) If the court determines that the defendant still has a mental illness but no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large if his or her release is accompanied by certain conditions, the court shall order his or her release subject to those conditions necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or herself or to others.

(b) In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
Ala. Code § 15-23-40 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-40
Section 15-23-40 Short Title
Status: in_force

This article shall be entitled “The Victim Counselor Confidentiality Act of 1987.”
Ala. Code § 15-5-11 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-11
Section 15-5-11 Receipt for Property Taken
Status: in_force

When an officer takes property under a search warrant, he must give a receipt to the person from whom it was taken or in whose possession it was found if required.
Ala. Code § 15-23-13 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-13
Section 15-23-13 Award Not Contingent on Prosecution or Conviction of Offender; Effect of Proof of Conviction; Suspension of Proceedings Under Article
Status: in_force

Except as provided elsewhere in this article, an award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or certiorari is pending, or a rehearing or new trial has been ordered. The commission may suspend the proceedings pending disposition of criminal prosecution that has been commenced or is imminent, but may make a tentative award under this section.
Ala. Code § 15-23-75 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-75
Section 15-23-75 Right to Information Concerning Defendant’s Sentence, Request for Notice, Post-Conviction Review, Etc
Status: in_force

The victim has the right to the following information:

(1) As soon as practicable, after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.

(2) The names, addresses, and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.

(3) The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, immediately after the status is known.

(4) If the terms and conditions of a post-arrest release include a requirement that the accused post a bond, the sheriff or municipal jailer shall, upon request, notify the victim of the release on bond of the defendant.

(5) The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.
Ala. Code § 15-23-2 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-2
Section 15-23-2 Legislative Findings, Etc
Status: in_force

The Legislature hereby finds, determines and declares that victims of violent crime are often reduced to bereft and destitute circumstances as a result of the criminal acts perpetrated against them, that the financial or economic resources of such victims and their dependents are in many instances distressed or depleted as a result of injuries inflicted upon them by violent criminals.

That the general social and economic welfare of such victims and their dependents is and ought to be intimately affected with the public interest, that the deplorable plight of these unfortunate citizens should not go unnoticed by our institutions and agencies of government.

The Legislature hereby further finds, determines and declares that it is to the benefit of all that victims of violence and their dependents be assisted financially and socially whenever possible.

To this end the Legislature intends to provide a means whereby victims of violent crime and their dependents may be provided compensation in the amount of actual expenses incurred as a direct result of criminal acts of other persons.

The provisions of this article are to be construed so as to accomplish this purpose and to promote the same which is hereby declared to be the public policy of this state.
Ala. Code § 15-22-31.1 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-31.1
Section 15-22-31.1 Reporting Requirements for Conditions of Parole
Status: in_force

(a) The Board of Pardons and Paroles shall report to the Alabama State Law Enforcement Agency, in a manner prescribed by the Alabama State Law Enforcement Agency, a parolee’s conditions of parole ordered pursuant to Section 15-22-31.

(b) The Alabama State Law Enforcement Agency shall ensure that the conditions of parole received from the Board of Pardons and Paroles may be viewed by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.
Ala. Code § 15-18-60 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-60
Section 15-18-60 When Prosecutor Liable for Costs
Status: in_force

When an indictment is for a misdemeanor and the court is of opinion that the prosecution is frivolous or malicious, the prosecutor is liable for the costs.
Ala. Code § 15-20A-8 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-8
Section 15-20A-8 Registration Information - Public Registry Website
Status: in_force

(a) All of the following registration information shall be provided on the public registry website maintained by the Alabama State Law Enforcement Agency and may be provided on any community notification documents:

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

(2) Address of each residence.

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

(4) Address of any employer where the sex offender works or will work, including any transient or day laborer information.

(5) The license plate number and description of any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.

(6) A current photograph.

(7) A physical description of the sex offender.

(8) Criminal history of any sex offense for which the sex offender has been adjudicated or convicted.

(9) The text of the criminal provision of any sex offense of which the sex offender has been adjudicated or convicted.

(10) Status of the sex offender, including whether the sex offender has absconded.

(b) None of the following information shall be provided on the public registry website or any other notification documents:

(1) Criminal history of any arrests not resulting in conviction.

(2) Social Security number.

(3) Travel and immigration document numbers.

(4) Victim identity.

(5) Any email addresses or instant message addresses or identifiers used by the sex offender.

(6) Any Internet service providers used by the sex offender.

(c) Any other required registration information may be included on the website as determined by the Secretary of the Alabama State Law Enforcement Agency.

(d) All information shall immediately be posted on the public registry website upon receipt of the information by the Alabama State Law Enforcement Agency.

(e) The website shall include field search capabilities to search for sex offenders by name, city or town, county, zip code, or geographic radius.

(f) The website shall include links to sex offender safety and education resources.

(g) The website shall include instructions on how to seek correction of information that a person contends is erroneous.

(h) The website shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any person named in the registry or residing or working at any reported address and that any such action may result in civil or criminal penalties. The website shall also include a warning that, prior to including the individual on the website, the Alabama State Law Enforcement Agency did not consider or assess the individual’s specific risk of reoffense or current dangerousness; that inclusion on the website is based solely on an individual’s conviction record and state law; and that the Legislature’s purpose in providing this data is to make the information more easily available and accessible, not to warn about any specific individual.
Ala. Code § 15-22-2 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-2
Section 15-22-2 Supervision Fee; Probationer’s Upkeep Fund; Exclusion from Taxable Income; Compliance with Rules and Regulations
Status: in_force

(a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction and who is subject to supervision by the Board of Pardons and Paroles and who has an income shall be required to contribute forty dollars ($40) per month toward the cost of his or her supervision and rehabilitation beginning 30 days from the date he or she has an income. The sum shall be deducted by the parolee or probationer from his or her monthly income and delivered to the Board of Pardons and Paroles each month for deposit in the General Fund of the State Treasury. By prior agreement between an employer and employee, an employer may deduct forty dollars ($40) from the monthly net earned income of the parolee or probationer and remit the amount to the Board of Pardons and Paroles each month. The responsibility of assuring the contribution shall remain that of the parolee or probationer. Exemptions from payments required by this section may be granted for undue hardship on a case by case basis by the sentencing court in probation and the Board of Pardons and Paroles in parole cases.

(2) In the event of over two months’ arrearage or delinquency in making a contribution, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole or probation of the person in arrears.

(3) There is established a Probationer’s Upkeep Fund. All moneys received pursuant to this section since August 24, 1976, shall be transferred by the State Treasury into the fund for the credit and use of the Board of Pardons and Paroles and all sums collected pursuant thereto after May 5, 1977, shall be deposited into the Treasury to the credit of the fund. All funds shall be withdrawn or expended only for the purposes stated in this section. The funds are hereby appropriated to the Board of Pardons and Paroles for the purposes stated in this section.

(b) The amount of contribution of each parolee and probationer of his or her monthly net earned income shall be excluded from the taxable income of the person for the purpose of determining the state income tax liability of the person.

(c) A parolee or probationer authorized to work at paid employment in the community under this section shall comply with all rules and regulations promulgated by the Board of Pardons and Paroles.
Ala. Code § 15-20-25 — Alabama Code / Title 15 / Chapter 20 / Section 15-20-25
Section 15-20-25 Adult Criminal Sex Offender - Community Notification Procedures
Status: reserved

Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
Ala. Code § 15-17-3 — Alabama Code / Title 15 / Chapter 17 / Section 15-17-3
Section 15-17-3 Conviction Where Act May Be Committed by Different Intents, Modes or Means
Status: in_force

When the intent with which, the mode in or the means by which an act is done is essential to the commission of the offense and such offense may be committed with different intents, in different modes or by different means, if the jury is satisfied that the act was committed with one of the intents, in one of the modes or by either of the means charged, it is sufficient; and the jury must convict, although uncertain as to which of the intents charged existed, in which mode or by which of the means charged such act was committed.
Ala. Code § 15-9-65 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-65
Section 15-9-65 Fees and Expenses of Sheriff When Accused Returns Without Requisition
Status: in_force

In cases where notice is received in this state from the authorities in another state that a person has been arrested for a crime committed in this state, and the sheriff of the county in which said crime was committed goes to the state aforesaid and the person aforesaid consents to return with said sheriff without requisition from the Governor, said sheriff shall be entitled to the fees and expenses now provided by law where requisitions issue. This section shall apply to felonies and misdemeanors alike, whether there be a conviction of the person apprehended or not.
Ala. Code § 15-18-69 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-69
Section 15-18-69 Objections to Order; Statement of Findings
Status: in_force

At such restitution hearings, the defendant, the victim, the district attorney, or other interested party may object to the imposition, amount or distribution of restitution or the manner or method thereof and the court shall allow all such objections to be heard and preserved as a matter of record. The court shall thereafter enter its order upon the record stating its findings and the underlying facts and circumstances thereof.
Ala. Code § 15-20A-22 — Alabama Code / Title 15 / Chapter 20A / Section 15-20A-22
Section 15-20A-22 Adult Sex Offender - Registration Fee
Status: in_force

(a) An adult sex offender shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender resides beginning with the first quarterly registration on or after July 1, 2011, and at each quarterly registration thereafter.

(b) Each time an adult sex offender terminates his or her residence and establishes a new residence, he or she shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender establishes a new residence.

(c) If, at the time of registration, the adult sex offender is unable to pay the registration fee, the registering agency may require the adult sex offender to pay the fee in installments not to exceed 90 days. The registering agency shall waive the registration fee if the adult sex offender has an order from the court declaring his or her indigence. In the event the adult sex offender is determined to be indigent, a periodic review of the adult sex offender’s indigent status shall be conducted by the court to determine if the offender is no longer indigent. Further, if the offender is determined to be indigent by the sentencing court, nothing in this chapter shall prohibit the offender from being placed on a payment plan where the entire fee is collected in total.

(d)(1) The fees collected under this section shall be appropriated to the registering agency to defray the costs associated with sex offender registration, verification, and notification.

(2) Any and all registration fees collected by the sheriff, or his or her designee, shall be deposited in the county general fund earmarked for use of the sheriff and shall be paid to the sheriff upon his or her request to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.

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

(4) Any and all registration fees collected by a chief of police, or his or her designee, shall be deposited into the municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of such agency or department and shall be used for any lawful purpose related to sex offender registration, notification, tracking or apprehension.

(5) The monies provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the chief of police or the operation of his or her office.

(e) Any person who willfully fails to pay the required registration fee at the time of registration, or at the time at which the installment payment is due, shall be guilty of a Class B misdemeanor. Upon a second or subsequent conviction for willful failure to pay the required registration fee, the adult sex offender shall be guilty of a Class A misdemeanor.
Ala. Code § 15-14-30 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-30
Section 15-14-30 Demand for Jury in Misdemeanor Cases in Circuit Court
Status: in_force

In all misdemeanor cases in the circuit court, the issues and questions of fact shall be tried by the judge of the court without the intervention of a jury except in cases where a trial by jury is demanded in writing by the defendant. Such written demand shall be filed in the case with the clerk of the court on or before the first sounding of the case if the case is sounded within 30 days after the defendant has been arrested or taken into custody after the finding of the indictment or, within 30 days after the defendant has appealed if the case is brought to the circuit court by appeal; and, if such case is not sounded within 30 days after the defendant has appealed, been arrested or been taken into custody after the finding of the indictment, then such written demand must be filed with the clerk within 30 days after the defendant has appealed, or been arrested or taken into custody after the finding of the indictment. A failure to demand in writing a trial by jury as provided in this section shall be held and deemed to be a waiver by the defendant of a trial by jury.
Ala. Code § 15-13-147 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-147
Section 15-13-147 Determination of Conditions of Release
Status: in_force

In determining the restrictions and conditions of release that will assure the appearance of a person as required, and safety of any other person or the community, the judicial officer shall, on the basis of available information, take into account such matters as the nature and circumstances of the offense charged, the weight of the evidence against the person, family ties, employment, financial resources, character and mental condition, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings or failure to appear at court proceedings as well as any objection or recommendation of the district attorney or prosecutor.
Ala. Code § 15-25-1 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-1
Section 15-25-1 Prosecution for Physical, Sexual, or Violent Offense or Involving Child or Protected Person - Application; Definitions
Status: in_force

(a) This article shall apply to any criminal prosecution for a physical offense, a sexual offense, or a violent offense where the alleged victim or witness is a child or a protected person.

(b) For the purposes of this article, a “physical offense, a sexual offense, or a violent offense,” is defined to include all of the following crimes:

(1) A sex offense as provided in Section 15-20A-5.

(2) A violent offense as provided in Section 12-25-32.

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

(4) Assault in any degree.

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

(6) Any attempt to commit any of the offenses listed in subdivisions (1) to (5), inclusive.

(c) For the purposes of this article, “child” means a person who is under the age of 16 years at the time of trial.

(d) For the purposes of this article, “protected person” means a person who has a developmental disability attributable to an intellectual disability, autism, cerebral palsy, epilepsy, or other disabling neurological condition that requires training or support similar to that required by a person with an intellectual disability, if any of the following apply:

(1) The disability originates before the person attains 22 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.

(2) If the disability is attributable to an intellectual disability, the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.

(3) The disability results in significant subaverage intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period.
Ala. Code § 15-27-3 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-3
Section 15-27-3 Submission of Sworn Statement and Records; Service
Status: in_force

(a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an expungement in any jurisdiction and whether an expungement has been previously granted.

(b) The petitioner shall include a certified record of arrest, disposition, or the case action summary from the appropriate agency for the court record the petitioner seeks to have expunged as well as a certified official criminal record obtained from the Alabama Criminal Justice Information Center. In addition to setting forth grounds for the court to consider, the petitioner shall specify what criminal charges from the record are to be considered, further specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged.

(c) A petitioner shall serve the district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged, a copy of the petition, and the sworn affidavit. The district attorney shall review the petition and may make reasonable efforts to notify the victim if the petition has been filed seeking an expungement under circumstances enumerated in paragraph a. of subdivision (4) of Section 15-27-2 involving a victim that is not a governmental entity. The district attorney and the victim shall have a period of 45 days to file a written objection to the granting of the petition or the district attorney shall be deemed to have waived the right to object. The district attorney shall serve the petitioner or the petitioner’s counsel a copy of the written objection.
Ala. Code § 15-13-65 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-65
Section 15-13-65 Return of Cash Deposit Upon Surrender by Defendant
Status: in_force

If money has been deposited instead of bail and at any time before the forfeiture thereof the defendant surrenders himself to the officer to whom the commitment was directed, the court must order a return of the deposit to the defendant upon producing the certificate of the officer showing the surrender.
Ala. Code § 15-13-154 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-154
Section 15-13-154 False Information on Property Affidavit
Status: in_force

Any person or owner of property who willfully or intentionally provides false information on a property affidavit, as set out in Section 15-13-152, and the information was material in the determination by the person having the authority to approve the bail, and the person relied upon the information to make a determination of sufficiency of the bail and a defendant was released on the bail, then the person or owner of property shall be guilty of a Class A misdemeanor and if convicted be sentenced according to the law.
Ala. Code § 15-11-13 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-13
Section 15-11-13 Requiring Sureties of Married Women and Minors When Witnesses for Prosecution
Status: in_force

Married women and minors, when material witnesses for the prosecution, may also be required, in the discretion of the court, to procure sureties who will undertake for their appearance to testify.
Ala. Code § 15-22-41 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-41
Section 15-22-41 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Medical Parole Act.
Ala. Code § 15-16-21 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-21
Section 15-16-21 Suspension of Felony Trial to Inquire into Accused’s Sanity; Proceedings Upon Jury Findings; Resumption of Proceedings When Sanity Restored; Release Restriction
Status: in_force

If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his sanity, the trial of such person for such offense shall be suspended until the jury shall inquire into the fact of such sanity, such jury to be impaneled from the regular jurors in attendance for the week or from a special venire, as the court may direct. If the jury shall find the accused sane at the time of its verdict, it shall make no other inquiry, and the trial in chief shall proceed. If it finds that he is insane at that time, the court shall make an order committing him to the Alabama state hospitals, where he must remain until he is restored to his right mind. When the superintendent of the hospitals shall be of opinion that such person is so restored, he shall forthwith, in writing, inform the judge and sheriff of such court of the fact, whereupon such person must be remanded to jail on an order of such judge and the criminal proceedings resumed. In no event shall such a person be set at large so long as such prosecution is pending or so long as he continues to be insane.
Ala. Code § 15-9-47 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-47
Section 15-9-47 Inquiry into Guilt or Innocence of Accused
Status: in_force

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this division shall have been presented to the Governor, except as it may be involved in identifying the accused held as the person charged with the crime.
Ala. Code § 15-16-61 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-61
Section 15-16-61 Definitions
Status: in_force

The following definitions shall apply to this article:

(1) COURT. The court which committed the defendant pursuant to Section 15-16-43.

(2) DEFENDANT. A defendant in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason of mental disease or defect, and has been committed to the custody of the Alabama State Department of Mental Health and Mental Retardation or another facility as provided by Section 15-16-43.

(3) DEPARTMENT. The State Department of Mental Health and Mental Retardation.

(4) DISTRICT ATTORNEY. The district attorney for the judicial circuit of the court which committed the defendant pursuant to Section 15-16-43.

(5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY. Any mental health facility providing mental health services pursuant to Sections 22-51-1 through 22-51-14.
Ala. Code § 15-13-208 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-208
Section 15-13-208 Alabama Professional Bail Bonding Board - Meetings; Quorum
Status: in_force

(a) The board shall establish regular and special meetings for the purpose of transacting its business as provided by rules adopted by the board. Notice of board meetings shall comply with the Alabama Open Meetings Act.

(b) A majority of the board shall constitute a quorum at any meeting of the board.
Ala. Code § 15-14-57 — Alabama Code / Title 15 / Chapter 14 / Section 15-14-57
Section 15-14-57 Effect of Nonattendance of Representative
Status: in_force

The failure of a victim or a person designated to represent the victim to exercise any right granted by the provisions of this article shall not be cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse or remand a criminal conviction.
Ala. Code § 15-22-27.2 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-27.2
Section 15-22-27.2 Parole of Persons Sentenced to Life Imprisonment Upon Second Convictions of Class a Felonies
Status: in_force

In all cases where a criminal defendant has been convicted of a Class A felony committed after a previous conviction of another Class A felony, and such second conviction results in a sentence to imprisonment for life, he shall not be eligible for parole.
Ala. Code § 15-16-66 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-66
Section 15-16-66 Release of Defendant Upon Failure to Hold Hearing
Status: in_force

If a hearing is not held within 60 days of receipt by the court of the notice described in Section 15-16-63, the defendant shall be released forthwith unless for good cause shown the hearing is continued for a reasonable time.
Ala. Code § 15-23-21 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-21
Section 15-23-21 Penalties - Furnishing False Information; Failure to Disclose Material Fact, Etc
Status: in_force

(a) Any person who shall knowingly furnish any false information to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof with the intent to defraud the said commission; or with the intent to obtain an award of compensation for a person not entitled to receive the same shall be guilty of a Class C felony.

(b) Any person who shall knowingly fail or omit to disclose a material fact or circumstance to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof which is material to a claim for an award of compensation with the intent to defraud the commission or with the intent to cause a person to obtain or receive an award of compensation to which such person is not entitled shall be guilty of a Class C felony.
Ala. Code § 15-18-80 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-80
Section 15-18-80 Issuance and Delivery of Warrant for Execution; Delivery of Condemned Person; Return of Receipt; Compensation of Sheriff
Status: in_force

(a) Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence has been pronounced, issue a warrant under the seal of the court for the execution of the sentence of death, which warrant shall recite the fact of conviction, setting forth specifically the offense, the judgment of the court and the time fixed for his execution, and which shall be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding him to proceed, at the time and place named in the sentence, to carry the same into execution, as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of the county in which such judgment of conviction was had, to be by him delivered to the said warden, together with the condemned person as provided in subsection (b) of this section; provided, however, that in case of appeal to the Supreme Court of Alabama by the defendant and the suspension of execution of sentence by the trial court, said condemned person shall remain in the county jail of the county in which the conviction was had unless the court in which the case is tried orders otherwise, in which case, upon the affirmation of the appeal by the Supreme Court, said warrant for the execution of the death sentence, under seal of the court, together with the person of the condemned shall be delivered within 10 days after such affirmation to the warden of Holman prison as provided above.

(b) Immediately upon the receipt of such warrant, the sheriff shall transport such condemned person to the William C. Holman unit of the prison system at Atmore, shall there deliver him and the warrant aforesaid into the hands of the warden and shall take from the warden his receipt for such person and such warrant, which receipt the sheriff shall return to the office of the clerk of the court where the judgment of death was rendered. For his services, the sheriff shall be entitled to the same compensation as now provided by law to sheriffs for removing or conveying prisoners.
Ala. Code § 15-9-88 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-88
Section 15-9-88 Construction of Article
Status: in_force

This article shall be so construed as to effectuate its general purpose to make uniform the laws of this state with those states joining in the Interstate Agreement on Detainers Act.
Ala. Code § 15-22-1.3 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-1.3
Section 15-22-1.3 Interstate Transfer Application Fee
Status: in_force

(a) Any adult offender placed under community supervision and released to the community under the jurisdiction of the courts, paroling authorities, corrections, or other criminal justice agencies filing a written request to transfer residence from this state to another state under the Interstate Compact for Adult Offender Supervision shall pay a transfer application fee of seventy-five dollars ($75) for each application prepared for the offender. An exemption from the transfer application fee under this subsection may be granted by the Board of Pardons and Paroles for undue hardship on a case-by-case basis upon the written request of the offender making an application for transfer.

(b) The proceeds of the application fees collected pursuant to subsection (a) shall be deposited into the State Treasury to the credit of the Probationer’s Upkeep Fund. The funds are hereby continuously appropriated to the Board of Pardons and Paroles.
Ala. Code § 15-13-201 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-201
Section 15-13-201 Definitions. (Amended by Act 2026-542)
Status: in_force

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

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

(1) BOARD. Alabama Professional Bail Bonding Board.

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

(3) PROFESSIONAL BONDSMAN. Any individual or agent who is employed by a professional bail company or professional surety company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional bail company, including any individual who has a direct or indirect ownership interest in a professional bail company.

(4) PROFESSIONAL SURETY BONDSMAN. Any individual who is employed by a professional surety company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company, including any individual who has a direct or indirect ownership interest in a professional surety company.

(5) PROFESSIONAL SURETY COMPANY. An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the state.

(6) RECOVERY AGENT. Any individual, other than an attorney or law enforcement officer, utilized by a professional surety company, professional bail company, or professional bondsman to apprehend a defendant who was released on bail and who violated the terms of his or her bail.
Ala. Code § 15-13-125 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-125
Section 15-13-125 When the Clerk Shall Issue a Bondsman’s Process
Status: in_force

The clerk of the court having jurisdiction over the defendant shall issue a bondsman’s process to the sureties on the bail upon their request. The request may be made by any one of the sureties. Before the issuance of the process, the clerk shall determine if the case is still open and the defendant and the sureties have not been discharged by law. A surety shall not be charged for the bondsman’s process or for a certified copy of the bond.
Ala. Code § 15-4-2 — Alabama Code / Title 15 / Chapter 4 / Section 15-4-2
Section 15-4-2 Examination of Body and Report by Coroner; Postmortem, Autopsy or Internal Examination of Body and Report by Physician or Surgeon
Status: in_force

(a) When a coroner has been informed that a person is dead in the county and that such person died without being attended or examined by a legally qualified physician, the coroner shall forthwith proceed to the place where the dead person is lying, examine the dead body to ascertain the cause of death and report same in the same manner as inquests are reported.

(b) When a coroner is unable to determine the cause of death, he may summon any physician or surgeon, who shall make an external postmortem examination of the dead body and report his opinion of the cause of death to the coroner in writing.

(c) If the surgeon or physician is unable to determine the cause of death from an external postmortem examination and the coroner has reasonable cause to believe that deceased came to his death by unlawful means, the coroner may in such cases order any physician or surgeon to perform an autopsy or internal examination on the dead body, and report the findings of such autopsy to the coroner in writing.
Ala. Code § 15-22-43 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-43
Section 15-22-43 Special Medical Parole Docket; Implementation; Factors Considered; Annual Report
Status: in_force

(a)(1) The Board of Pardons and Paroles shall establish a special medical parole docket and adopt the rules for implementation pursuant to Section 15-22-24(e). For each person considered for medical parole, the board shall determine whether the person is a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate for purposes of placing the person on a special medical parole docket to be considered for parole by the board. An open public hearing shall be held, pursuant to Section 15-22-23, to consider the medical parole of the inmate. Notices of the hearing shall be sent pursuant to Sections 15-22-23 and 15-22-36. The notice shall clearly state the inmate is being considered for a medical parole.

(2) The Department of Corrections shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated, and terminally ill inmates who are otherwise eligible for parole, subject to the limitations provided under Section 15-22-28(e). By January 1 of each calendar year, the Department of Corrections shall additionally identify all inmates who have spent more than 30 or more days in an infirmary in the prior calendar year or received costly and frequent medical treatment outside a Department of Corrections facility in the previous 12 months, as well as all inmates suffering from a life-threatening illness and whose death is imminent within 12 months, who are otherwise parole eligible, subject to the limitations provided under Section 15-22-28(e), and shall immediately provide this information to the board to determine if identified inmates may be considered for a medical parole.

(3) Upon a determination that the inmate is eligible for a medical parole, the board shall place the inmate on the next available special medical parole docket pursuant to rules adopted by the board for the board to consider the individual for medical parole.

(b) Medical parole consideration shall be in addition to any other release for which an inmate may be eligible.

(c) In considering an inmate for medical parole, the board may request that additional medical evidence be produced, or that additional medical examinations be conducted by the Department of Corrections.

(d) In determining factors for a medical parole, the board shall take into consideration all of the following:

(1) Risk for violence.

(2) Criminal history.

(3) Institutional behavior.

(4) Age of the inmate, currently and at the time of the offense.

(5) Severity of the illness, disease, or infirmities and whether the same existed at the time of the offense.

(6) All available medical and mental health records.

(7) Reentry plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.

(e) This article shall not apply to inmates convicted of capital murder or a sex offense.

(f) Unless provided otherwise in this article, any medical parole under this article shall comply with Article 2, Chapter 22, Title 15.

(g) The board shall report annually to the Joint Legislative Interim Prison Committee, House Judiciary Sentencing Commission Subcommittee, and the Alabama Sentencing Commission on the number of medical paroles granted, the nature of the illnesses, diseases, and conditions of those paroled, the number of inmates granted and denied medical parole, and the number of cases granted medical parole, but that could not be released. The crimes for which the inmates have been convicted shall also be provided in the annual report. The report shall be made in a manner that does not disclose any individual identifying information for any particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.

(h) This article shall not be deemed to grant any entitlement or right to release.
Ala. Code § 15-22-110 — Alabama Code / Title 15 / Chapter 22 / Section 15-22-110
Section 15-22-110 Short Title
Status: in_force

This article may be known and cited as the Scottsboro Boys Act.
Ala. Code § 15-24-3 — Alabama Code / Title 15 / Chapter 24 / Section 15-24-3
Section 15-24-3 Filing of Affidavit That Defendant Is Intellectually Disabled
Status: in_force

Following the arrest and detention of any person for an offense against the laws of this state, either the defendant or the state may, by verified affidavit filed with the court having jurisdiction, establish that the defendant is a person who has been identified as intellectually disabled and has received or is presently receiving services through the Department of Mental Health, a program certified by the Department of Mental Health, or the Department of Education.
Ala. Code § 15-27-7 — Alabama Code / Title 15 / Chapter 27 / Section 15-27-7
Section 15-27-7 Archive of Records; Withdrawal of Records from National Criminal Records Repository
Status: in_force

(a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The agency shall digitally archive the records in a manner prescribed by the Alabama Justice Information Commission and designate the records as protected, except as provided in other provisions of this chapter. The records may not be used for any non-criminal justice purpose, except as otherwise provided in this chapter, and may be made available to criminal justice agencies, a district attorney, or a prosecuting authority upon acknowledgement of an investigation or other criminal matter involving the person related to the expungement. Any expunged records that were added to a federal database shall be requested to be removed and not made available within any interstate criminal database. Records may also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. Expungement under this chapter does not expunge reports that are indicated, as defined in Section 26-14-8.

(b) Records expunged under this chapter may not be transmitted to the Federal Bureau of Investigation national criminal records repository. Any record subject to be expunged under this chapter and transmitted to the Federal Bureau of Investigation prior to the expungement of the record shall be requested for withdrawal within the national system by the Alabama State Law Enforcement Agency.
Ala. Code § 15-11-1 — Alabama Code / Title 15 / Chapter 11 / Section 15-11-1
Section 15-11-1 Right of Person Arrested for Felony to Hearing; Failure of Defendant to Appear at Hearing
Status: in_force

Every person charged with and arrested for a felony before his indictment shall have an absolute right to a preliminary hearing on said charge upon such person’s demand within 30 days following said arrest; provided, that such person’s failure or refusal to appear for such preliminary hearing or his absence from the state at the time of the setting for the preliminary hearing shall not delay or invalidate an indictment pursuant to said charge.
Ala. Code § 15-5-40 — Alabama Code / Title 15 / Chapter 5 / Section 15-5-40
Section 15-5-40 Stored Wire and Electronic Communications and Transactional Records Access; Pen Registers and Trap and Trace Devices
Status: in_force

(a) The definitions, prohibitions, authorizations, and procedures regarding access to stored wire and electronic communications and transactional records and the installation or use of pen registers or trap and trace devices shall be adopted and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may hereafter be amended.

(b) Emergency pen registers and trap and trace devices may be installed pursuant to the provisions of the federal law defined in Title 18, United States Code, Section 3125, as it may hereafter be amended, provided the investigative or law enforcement officer declaring the emergency has been specially authorized and designated in writing by the Attorney General, district attorney, or city attorney, if authorized to prosecute felony offenses, with prosecuting jurisdiction over the offense, investigation, defendant, or provider of wire or electronic communications service whose assistance is required.

(c) An emergency declared or order issued under the combined authority of the provisions of federal law defined at Chapters 121 and 206 of Title 18, United States Code, Sections 2701-2712 and 3121-3127, may authorize disclosure of call-identifying addressing, routing, or signaling information that may disclose the physical location of the subscriber, customer, or user of a wire or electronic communications service.

(d) An emergency may be declared in those situations involving the disappearance of an individual, the report of a runaway child, or report of a missing person for which no criminal charge may be readily apparent but where the individual may be in danger based on, but not limited to, the age, physical condition, or circumstances surrounding the disappearance of the individual. The situation will authorize the installation of pen registers and trap and trace devices and disclosure of call-identifying addressing, routing, or signaling information that may disclose the physical location of the subscriber, customer, or user of a wire or electronic communications service.

(e) Orders or search warrants, or both, issued pursuant to this section are expressly allowed to be prospective in nature and these orders or search warrants, or both, are allowed to be executed during the day and night. Further, an inventory of the information obtained pursuant to an order or search warrant issued pursuant to this section related to electronic storage media or the seizure or copying of electronically stored information may be limited to describing the physical storage media that was seized or copied. Within 10 days after the expiration of the order or search warrant issued pursuant to this section, law enforcement must return the order or search warrant to the judge designated in the order or search warrant, and, if unavailable, to another judge with jurisdiction.
Ala. Code § 15-6-20 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-20
Section 15-6-20 Examination of Complainant and Witnesses; Form of Affidavit
Status: in_force

(a) Whenever complaint is made to a judge of a circuit, district or municipal court that any person has threatened or is about to commit an offense on the person or property of another, such judge must examine the complainant and any witness he may produce on oath, reduce such examination to writing and cause it to be subscribed by the party so examined.

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

“State of Alabama,

__________ County.

Before me, ___________,a (circuit, district or municipal) judge (setting out his name and office) in and for said county and state, personally appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault and beat him (or is about) to ___________ (here set forth the particular offense threatened or about to be committed) on the person or property of affiant (or E. F., a third person, as the case may be.) (Signed) A. B.

Sworn to and subscribed before me, this the _______ day of ___________, 20__. _______________________ (Circuit, District or Municipal) Judge.”
Ala. Code § 15-13-108 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-108
Section 15-13-108 Bail as a Matter of Right
Status: in_force

In all cases of misdemeanors and felonies, unless otherwise specified, the defendant is, before conviction, entitled to bail as a matter of right. All sheriffs and police chiefs of this state shall ensure that one of their officers or themselves are available to approve and accept bail 24 hours each day, seven days a week, except during the hours the clerks of the courts provide personnel for bail acceptance and approval.
Ala. Code § 15-12-41 — Alabama Code / Title 15 / Chapter 12 / Section 15-12-41
Section 15-12-41 Term of Office; Removal; Requirement of Service
Status: in_force

(a) The public defender shall be appointed after June 14, 2011, for a fixed term not to exceed three years, subject to reappointment by the indigent defense advisory board, and may be removed from office for cause by the director.

(b) The director may require that the public defender serve full time or part time.
Ala. Code § 15-9-2 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-2
Section 15-9-2 Information Leading to Arrest and Conviction - High Crime or Misdemeanor Committed in Municipality
Status: in_force

When a high crime or misdemeanor shall have been committed in any municipality, its governing body may offer publicly a reward not exceeding $3,000.00 to the person who shall give information leading to the arrest and conviction of the guilty person. Such reward shall be paid to the informer by the municipality upon order of the court before which such conviction is had.
Ala. Code § 15-13-219 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-219
Section 15-13-219 Sunset Provisions
Status: in_force

The board shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2023, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 15-13-204 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-204
Section 15-13-204 Alabama Professional Bail Bonding Board - Liability
Status: in_force

(a) Pursuant to Section 36-1-12, the members and employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of their duties under this article.

(b) Board members and employees shall be defended by the Attorney General in regard to any criminal or civil litigation filed against them based on the performance of their official duties under this article.
Ala. Code § 15-6-2 — Alabama Code / Title 15 / Chapter 6 / Section 15-6-2
Section 15-6-2 Judges Authorized to Require Persons to Give Security to Keep Peace
Status: in_force

The judges of the circuit, district and municipal courts are authorized to require persons to give security to keep the peace in the manner provided in this chapter.
Ala. Code § 15-21-20 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-20
Section 15-21-20 Contesting of Return; Examination into Imprisonment or Detention; Disposition of Detainee on Adjournment of Examination; Forfeiture of Bail
Status: in_force

(a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege any other facts which may be material in the case.

(b) In a summary way, the court or judge may examine into the cause of the imprisonment or detention, may hear the evidence adduced and may adjourn the examination from time to time as the circumstances of the case may require and, in the meantime, remand the party or commit him to the custody of the sheriff of the county or place him under such other custody as his age or other circumstances may require, or, if the character of the charge authorizes it, take bail from him in a sufficient amount for his appearance from day to day until judgment is given.

(c) If the party fails to appear, as required by his undertaking, an entry of forfeiture must be endorsed thereon, signed by the judge and returned to the circuit court of the county in which the examination is had; and the same proceedings must be thereon had in such court as if the undertaking had been taken in such court, the endorsement of forfeiture being presumptive evidence of that fact.
Ala. Code § 15-25-40 — Alabama Code / Title 15 / Chapter 25 / Section 15-25-40
Section 15-25-40 Effect Upon Otherwise Admissible Out-of-Court Statements
Status: in_force

Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this article did not exist.
Ala. Code § 15-8-70 — Alabama Code / Title 15 / Chapter 8 / Section 15-8-70
Section 15-8-70 Presentation to Court and Endorsement; Limitations on Entry in Minutes and Inspection
Status: in_force

All indictments must be presented to the court by the foreman of the grand jury in the presence of at least 11 other jurors, must be endorsed “filed” and must have the endorsement dated and signed by the clerk; but no entry of an indictment found must be made on the minutes, nor must any indictment be inspected by any other person than the district attorney, the presiding judge and the clerk of the court until the defendant has been arrested or has given bail for his appearance.
Ala. Code § 15-13-24 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-24
Section 15-13-24 Judicial and Ministerial Officers Prohibited from Becoming Surety for Bail or Signing Bonds, Etc
Status: in_force

It shall not be lawful for any judicial or ministerial officer of this state to sign as surety an undertaking of bail for any prisoner or other person tried before him, to put in his charge under any criminal accusation or to sign any bond or other obligation for the release or appearance of such person, either before himself or any other officer or officers.
Ala. Code § 15-16-20 — Alabama Code / Title 15 / Chapter 16 / Section 15-16-20
Section 15-16-20 Duty of Judge to Institute Investigation on Sanity of Certain Confined Persons; Proceedings Where Person Found Insane
Status: in_force

If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness, in consequence of any summary conviction appears to be insane, the judge of the circuit court of the county where he is confined must institute a careful investigation, call a respectable physician and call other credible witnesses; and, if he deems it necessary, he may call a jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the Alabama state hospitals, where he must remain until restored to his right mind, and then, if the judge shall have so directed, the superintendent must inform the judge and sheriff, whereupon the person must be remanded to jail and criminal proceedings be resumed, or he must be otherwise discharged.
Ala. Code § 15-13-117 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-117
Section 15-13-117 Authorized Arrest of Defendant by Surety and Exoneration of Bail Prior to Conditional Forfeiture
Status: in_force

The sureties of bail may, at any time before a conditional forfeiture is entered against them, exonerate themselves by surrendering the defendant to the jail having the authority of keeping custody of prisoners of the court having jurisdiction of defendant’s case. For that purpose, the surety may arrest the defendant on a bondsman’s warrant at any place in the state, or may authorize another person to arrest the defendant by an endorsement in writing on the warrant. The bondsman’s warrant shall be issued as required by this chapter and a certified copy of the undertaking shall be attached thereto.
Ala. Code § 15-9-42 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-42
Section 15-9-42 Arrest Without Warrant - Commitment to Jail or Admission to Bail
Status: in_force

If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under Section 15-9-34, that he has fled from justice, the judge must commit him to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be legally discharged.
Ala. Code § 15-18-147 — Alabama Code / Title 15 / Chapter 18 / Section 15-18-147
Section 15-18-147 Employment Income Withholding Order - Receipt and Disposition of Income, Etc
Status: in_force

When any court order issued pursuant to the provisions of this article requires any employment income, other income or any asset or portion thereof to be withheld, or attached and paid over, conveyed, assigned, delivered or otherwise transferred to the clerk of the court, it shall be the duty and responsibility of such clerk to receive such income or asset and convey, assign, transfer, or disburse the same to the victim in accordance with the defendant’s restitution obligation as the court issuing such order may direct.
Ala. Code § 15-21-14 — Alabama Code / Title 15 / Chapter 21 / Section 15-21-14
Section 15-21-14 Issuance of Precept; Execution of Precept by Sheriff or Constable
Status: in_force

(a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable.

(b) Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate.

(c) If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ.
Ala. Code § 15-9-20 — Alabama Code / Title 15 / Chapter 9 / Section 15-9-20
Section 15-9-20 Definitions
Status: in_force

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

(1) GOVERNOR. Any person performing the functions of Governor by authority of the law of this state.

(2) EXECUTIVE AUTHORITY. The Governor and any person performing the functions of Governor in a state other than this state.

(3) STATE. Such term, when referring to a state other than Alabama, refers to any other state or territory of the United States of America.
Ala. Code § 15-19-5 — Alabama Code / Title 15 / Chapter 19 / Section 15-19-5
Section 15-19-5 Inadmissibility of Examination and Investigation Statements, Admissions and Confessions; Consideration of Statements, Etc., at Time of Sentencing
Status: in_force

No statement, admission or confession made by a defendant to the court or to any officer thereof during the examination and investigation referred to in Section 15-19-1 shall be admissible as evidence against him or his interest; provided, however, that the court may take such statement, admission or confession into consideration at the time of sentencing after the defendant has been found guilty of a crime or adjudged a youthful offender.
Ala. Code § 15-13-162 — Alabama Code / Title 15 / Chapter 13 / Section 15-13-162
Section 15-13-162 Surety Bond and Escrow Agreements - Forms
Status: in_force

All corporate surety bonds and escrow agreements shall contain essentially the language set out in forms provided and approved by the Alabama Supreme Court. Corporate surety bonds presented shall have an original qualifying power of attorney from the company attached thereto and a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the corporate surety company is qualified to execute surety bonds in Alabama.
Ala. Code § 15-23-81 — Alabama Code / Title 15 / Chapter 23 / Section 15-23-81
Section 15-23-81 Victim to Respond to Subpoena or to Participate in Proceeding Preparation Without Loss of Employment or Fear of Loss
Status: in_force

The victim shall respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss of employment.