reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 1 - General Provisions. › Section 15-14-1 - Duty of Circuit Clerk to Set Cases for Trial.

Section 15-14-1
Duty of circuit clerk to set cases for trial.
It is the duty of the clerk of the circuit court to set for trial all criminal cases in his court, except capital cases and cases of parties in custody, for particular days, and no case so set shall be called for trial before such day.
(Code 1876, §4869; Code 1886, §4447; Code 1896, §5271; Code 1907, §7838; Code 1923, §5565; Code 1940, T. 15, §316.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 1 - General Provisions. › Section 15-14-2 - Defendant Not to Be Tried Until Case on Docket One Day.

Section 15-14-2
Defendant not to be tried until case on docket one day.
No person shall be tried on an indictment presented by the grand jury until at least one entire day after the case has been placed upon the trial docket of the court, except with the consent of the defendant. This section shall not apply to cases where an indictment has been quashed or demurrer sustained thereto and a new indictment for identical offense is returned on the same day.
(Acts 1919, No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 1 - General Provisions. › Section 15-14-3 - Fixing of Time for Trial of Capital Cases.

Section 15-14-3
Fixing of time for trial of capital cases.
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.
(Code 1896, §5003; Code 1907, §7262; Code 1923, §8650; Code 1940, T. 30, §69.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 1 - General Provisions. › Section 15-14-4 - Court May Allow Omission in Testimony to Be Supplied Before Argument Concluded.

Section 15-14-4
Court may allow omission in testimony to be supplied before argument concluded.
The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe.
(Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 2 - Joint or Several Trials. › Section 15-14-20 - Election by Jointly Indicted Defendants.

Section 15-14-20
Election by jointly indicted defendants.
When two or more defendants are jointly indicted, they may be tried either jointly or separately, as either may elect.
(Code 1852, §638; Code 1867, §4190; Code 1876, §4892; Code 1886, §4451; Code 1896, §5275; Code 1907, §7842; Code 1923, §5570; Code 1940, T. 15, §319.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 3 - Trial With or Without Jury. › Section 15-14-30 - Demand for Jury in Misdemeanor Cases in Circuit Court.

Section 15-14-30
Demand for jury in misdemeanor cases in circuit court.
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.
(Acts 1915, No. 820, p. 939; Code 1923, §8598; Code 1940, T. 15, §321.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-50 - Short Title.

Section 15-14-50
Short title.
This article shall be known as and may be cited as "The Alabama Crime Victims' Court Attendance Act."
(Acts 1983, No. 83-622, p. 971, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-51 - Legislative Findings; Purpose of Article.

Section 15-14-51
Legislative findings; purpose of article.
(a) The Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or hearing or any portion thereof conducted by any court which in any way pertains to such offense.
(b) Further, the Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense not be excluded from any hearing or trial or any portion thereof conducted by any court which in any way pertains to such offense, merely because the victim has been or may be subpoenaed to testify at such hearing or trial or because of any arbitrary or invidious reason.
(c) The provisions of this article are to be construed so as to accomplish these purposes and to promote the same which are hereby declared to be the public policy of this state.
(Acts 1983, No. 83-622, p. 971, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-52 - Definitions.

Section 15-14-52
Definitions.
Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, the following terms, whether used in the singular or plural shall be given the following respective interpretations:
(1) PERSON. A human being, a public or private corporation, an unincorporated association, a partnership, or other entity established by law, and/or a government or a governmental instrumentality, including, but not limited to, the State of Alabama or any political subdivision thereof.
(2) CRIMINAL OFFENSE. Conduct which is alleged in any summons, complaint, warrant of arrest, information, presentment, or indictment and for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(3) VICTIM. A person who is a victim of the defendant's criminal offense.
(Acts 1983, No. 83-622, p. 971, §3; Acts 1984, No. 84-259, p. 431, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-53 - Right of Victim to Be Present in Courtroom.

Section 15-14-53
Right of victim to be present in courtroom.
The victim of a criminal offense shall be entitled to be present in any court exercising any jurisdiction over such offense and therein to be seated at the counsel table of any prosecutor prosecuting such offense or other attorney representing the government or other persons in whose name such prosecution is brought.
(Acts 1983, No. 83-622, p. 971, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-54 - Victim May Not Be Excluded From Courtroom; Removal Generally.

Section 15-14-54
Victim may not be excluded from courtroom; removal generally.
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.
(Acts 1983, No. 83-622, p. 971, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-55 - Exemption From Rule Requiring Exclusion of Witnesses From Court.

Section 15-14-55
Exemption from rule requiring exclusion of witnesses from court.
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.
(Acts 1983, No. 83-622, p. 971, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-56 - Designation of Representative When Victim Unable to Attend.

Section 15-14-56
Designation of representative when victim unable to attend.
(a) Whenever a victim is unable to attend such trial or hearing or any portion thereof by reason of death; disability; hardship; incapacity; physical, mental, or emotional condition; age; or other inability, the victim, the victim's guardian or the victim's family may select a representative who shall be entitled to exercise any right granted to the victim, pursuant to the provisions of this article.
(b) Provided, however, in the event of a dispute, the court in its discretion may designate such representative.
(Acts 1983, No. 83-622, p. 971, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 14 - Trial Arrangements. › Article 4 - Crime Victims' Court Attendance. › Section 15-14-57 - Effect of Nonattendance of Representative.

Section 15-14-57
Effect of nonattendance of representative.
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.
(Acts 1983, No. 83-622, p. 971, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 1 - General Provisions. › Section 15-15-1 - Entry of Not Guilty Plea for Defendant Upon Refusal to Plead.

Section 15-15-1
Entry of not guilty plea for defendant upon refusal to plead.
If a defendant, when arraigned, refuses or neglects to plead or stands mute, the court must cause the plea of not guilty to be entered for him.
(Code 1852, §617; Code 1867, §4169; Code 1876, §4870; Code 1886, §4438; Code 1896, §5262; Code 1907, §7565; Code 1923, §5195; Code 1940, T. 15, §276.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 1 - General Provisions. › Section 15-15-2 - Judgment May Be Pleaded Without Averring Jurisdictional Facts.

Section 15-15-2
Judgment may be pleaded without averring jurisdictional facts.
In pleading a judgment or other judicial proceeding or determination of any court or officer, such judgment, proceeding or determination may be alleged to have been duly made or rendered without stating the facts conferring jurisdiction; but the facts necessary to show jurisdiction must be proved on the trial.
(Code 1852, §580; Code 1867, §4130; Code 1876, §4803; Code 1886, §4441; Code 1896, §5265; Code 1907, §7568; Code 1923, §5198; Code 1940, T. 15, §281.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 1 - General Provisions. › Section 15-15-3 - How Plea Determined.

Section 15-15-3
How plea determined.
In criminal proceedings, a plea is to be determined according to its substance and not by its commencement or conclusion.
(Code 1852, §637; Code 1867, §4189; Code 1876, §4891; Code 1886, §4442; Code 1896, §5266; Code 1907, §7569; Code 1923, §5199; Code 1940, T. 15, §282.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-20.1 - Non-Capital Felony Offense.

Section 15-15-20.1
Non-capital felony offense.
(a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant desires to plead guilty as charged or as a youthful offender upon the granting of youthful offender status.
(b) Upon receipt of the written notice from the defendant stating his or her desire to plead guilty, the court shall direct the district attorney to prefer and file an information against the defendant. The information shall be made under oath of the district attorney or a witness, and shall accuse the defendant with the same specificity as required in an indictment of the offense or offenses for which the defendant is charged. This section shall not be construed to preclude the district attorney from amending or dismissing a pending charge against a defendant before the defendant pleads guilty.
(c) Upon the filing of an information, the court shall ascertain whether the defendant has retained counsel, and, shall appoint counsel if the defendant is indigent. The court shall set an arraignment date to enable the defendant to formally enter a plea of guilty in open court. Arraignment may be held and the guilty plea entered at any time after the filing of an information.
(d) The court shall receive and enter the plea of guilty of the defendant, and shall immediately pronounce and enter a judgement of conviction, set a date for sentencing, and thereafter proceed as provided by law.
(e) Upon acceptance from the defendant plea of guilty and pronouncement and entry of judgment and sentencing, the defendant shall have a right of appeal from the action of the court.
(f) In district court, a record of the defendant's plea of guilty shall be kept by mechanical or electronic device. Any exhibits shall be preserved by the court. The record shall be preserved by the court and shall be transcribed by the designee if the defendant gives notice of appeal. The transcript of the defendant's plea of guilty shall be certified as directed by the court or as required by the Alabama Rules of Appellate Procedure.
(g) If the court does not accept plea of guilty of the defendant or if youthful offender status of the defendant's application is denied, the court shall:
(1) Order the defendant discharged.
(2) Order the defendant released as provided by law.
(3) Order the defendant held in custody pending action of the grand jury, or until released on bail.
(h) This section supersedes Rule 2.2.(e) of the Alabama Rules of Criminal Procedure.
(i) This section applies to all persons charged with non-capital felonies after its effective date.
(Acts 1996, No. 96-531, p. 742, §§1, 2, 4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-21 - Information Preferred and Filed Against Defendant.

Section 15-15-21
Information preferred and filed against defendant.
When the desire of a defendant to plead guilty is made known to the court, it shall direct the district attorney of such court to prefer and file an information against such defendant, under the oath of such district attorney or some witness, which information shall accuse the defendant, with the same certainty as an indictment, of the criminal offense for which he is being held.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §261.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-22 - Fixing of Date to Formally Make and Enter Plea; Service of Notice.

Section 15-15-22
Fixing of date to formally make and enter plea; service of notice.
When an information has been filed as provided in Section 15-15-21 and counsel employed or appointed, the court shall, by order entered upon the minutes of the court, fix a date for the defendant to formally make and enter his plea of guilty in open court, which date shall not be within 15 days after the arrest of the defendant nor within three days after notice to the court of his intention to plead guilty, and notice of such date shall be served by the sheriff upon the defendant and upon his counsel.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §263.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-23 - Hearing of Testimony; Receiving of Plea; Entry of Judgment; Sentencing of Defendant.

Section 15-15-23
Hearing of testimony; receiving of plea; entry of judgment; sentencing of defendant.
(a) Upon the date fixed for the formal plea of guilty by a defendant, the court shall proceed to hear the testimony of any witnesses who may be summoned or offered either by the state or by the defendant or whom the court may direct to be summoned, and it must hear also the testimony of the defendant.
(b) If after hearing the testimony the court believes beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense charged against him in the information provided for in Section 15-15-21, the court shall thereupon receive and enter the plea of guilty of such defendant, shall enter judgment of conviction thereon and shall sentence the defendant to such term in the penitentiary as is prescribed by law, any other provisions of the law to the contrary notwithstanding.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §264.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-24 - Determination of Degree of Offense and Fixing of Punishment; When Jury Impaneled.

Section 15-15-24
Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the intervention of a jury, shall determine the degree of the offense and fix the punishment therefor the same as a jury might fix or impose it if the case were being tried by a jury, unless, in the discretion of the trial judge, a jury should be impaneled to determine the degree of the offense or to fix the punishment therefor or unless the defendant at the time of entering such plea demands a jury in writing. The court shall not in any event, however, impose capital punishment without the intervention of a jury.
(b) Whenever, in the discretion of the trial judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed in subsection (a) of this section, no special venire need be drawn, but the court must cause the punishment to be determined by a jury, except where the punishment is required by law to be fixed by the court.
(c) The court may in all cases in which a plea of guilty is entered cause witnesses to be examined to ascertain the character of the offense.
(d) Nothing contained in this section shall be construed as authorizing an accused who has entered a plea of guilty to demand a jury to determine any issue or to fix punishment in regard to any offense unless the right to have a jury determine such issue or to fix the punishment in regard to the offense with which he is charged is granted under some other applicable provisions of law.
(Code 1852, §618; Code 1867, §4170; Code 1876, §4871; Code 1886, §4439; Code 1896, §5263; Code 1907, §7566; Code 1923, §5196; Code 1940, T. 15, §277; Acts 1969, No. 1061, p. 1981, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-25 - When Plea Not Accepted.

Section 15-15-25
When plea not accepted.
If the court, after hearing a plea of guilty by a defendant and the testimony offered, is of opinion that no offense has been committed or is not satisfied beyond a reasonable doubt that the defendant is guilty, then the court may order the defendant recommitted to jail to await the action of the grand jury, may release the defendant on bond in an amount to be fixed by the court or may order the defendant to be discharged.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §265.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 2 - Guilty Pleas. › Section 15-15-26 - No Right of Appeal.

Section 15-15-26
No right of appeal.
After the court has heard and considered a plea of guilty by a defendant and has permitted the filing of such plea and sentenced the defendant, such defendant shall not have the right of appeal from the action of the court.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §266.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 3 - Pleas in Abatement. › Section 15-15-40 - Objection to Formation of Grand Jury or Indictment Generally.

Section 15-15-40
Objection to formation of grand jury or indictment generally.
(a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken to the indictment except by a plea in abatement to the indictment, and no objection can be taken to an indictment by a plea in abatement except upon the ground that the grand jurors who found the indictment were not drawn by the officer designated by law to draw the same; but neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.
(b) No objection can be taken to an indictment, by plea in abatement or otherwise, on the ground that any member of the grand jury was not legally qualified, that the grand jurors were not legally drawn or summoned or on any other ground going to the formation of the grand jury except that the jurors were not drawn in the presence of the officers designated by law; and neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.
(Code 1852, §635; Code 1867, §4187; Code 1876, §4889; Code 1886, §4445; Code 1896, §5269; Code 1907, §7572; Acts 1909, No. 227, p. 305; Code 1923, §§5202, 8630; Code 1940, T. 15, §§278, 285.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 3 - Pleas in Abatement. › Section 15-15-41 - When Filed Generally.

Section 15-15-41
When filed generally.
Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has been arrested; or, if the accused has not been arrested, such a plea in abatement must be filed at the first session at which it is practicable after the defendant has been arrested, but in all cases such a plea in abatement must be filed before the plea to the merits.
(Acts 1909, No. 227, p. 305; Code 1923, §8631; Code 1940, T. 15, §279.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 3 - Pleas in Abatement. › Section 15-15-42 - Verification.

Section 15-15-42
Verification.
No plea in abatement or other dilatory plea to an indictment must be received unless it is verified by oath or unless its truth appears by some matter of record or other written evidence accompanying it.
(Code 1852, §634; Code 1867, §4186; Code 1876, §4888; Code 1886, §4440; Code 1896, §5264; Code 1907, §7567; Code 1923, §5197; Code 1940, T. 15, §280.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 3 - Pleas in Abatement. › Section 15-15-43 - Abatement of Prosecution of Misdemeanor in Circuit Court When Case Commenced and Pending in District or Municipal Court.

Section 15-15-43
Abatement of prosecution of misdemeanor in circuit court when case commenced and pending in district or municipal court.
(a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a misdemeanor has been first commenced and is still pending in a district court or a municipal court, the prosecution in the circuit court shall be abated on plea.
(b) The plea provided for in subsection (a) of this section must state that the prosecution in the district court or the municipal court was commenced without the agency, request, participation, connivance or authority of the defendant and must be sworn to. Each and every averment of the plea may be traversed and denied; and if, on the trial of the issue, it appears that such prosecution was commenced by the agency, request, participation, connivance or authority of the defendant, then the jury must be instructed, if it finds either of these facts to exist, to find the issue in favor of the state, and the case must proceed to trial in the circuit court, as the case may be.
(Code 1852, §§385, 386; Code 1867, §§3933, 3934; Code 1876, §§4629, 4630; Code 1886, §§4443, 4444; Code 1896, §§5267, 5268; Code 1907, §§7570, 7571; Code 1923, §§5200, 5201; Code 1940, T. 15, §§283, 284.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 15 - Pleading. › Article 3 - Pleas in Abatement. › Section 15-15-44 - When Plea on Ground Grand Jurors Improperly Drawn to Be Filed; Procedure When Plea Sustained.

Section 15-15-44
When plea on ground grand jurors improperly drawn to be filed; procedure when plea sustained.
A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and, if the accused has not been arrested, it must be filed at the first session at which it is practicable after the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant must not be discharged but must be held in custody or bailed, as the case may be, to answer another indictment at the same or the next session of the court, and the time elapsing between the first and second indictments, in such case, must not be computed as a part of the period limited by law for the prosecution of the offense.
(Code 1852, §636; Code 1867, §4188; Code 1876, §4890; Code 1886, §4446; Code 1896, §5270; Code 1907, §7573; Code 1923, §5203; Code 1940, T. 15, §286.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 1 - General Provisions. › Section 15-16-1 - Defense of Insanity to Be by Special Plea.

Section 15-16-1
Defense of insanity to be by special plea.
When the defense of insanity is set up in any criminal prosecution, it must be by special plea, interposed at the time of arraignment and entered of record upon the docket of the court, which, in substance, shall be "not guilty by reason of insanity." A plea of insanity shall not preclude the usual plea of the general issue, which shall not, however, put in issue the question of the irresponsibility of the accused by reason of his alleged insanity, this question being triable only under the special plea.
(Code 1896, §4939; Code 1907, §7176; Code 1923, §4573; Code 1940, T. 15, §423.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 1 - General Provisions. › Section 15-16-2 - Presumption of Responsibility for Acts; Burden of Proving Irresponsibility.

Section 15-16-2
Presumption of responsibility for acts; burden of proving irresponsibility.
Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reasonable satisfaction of the jury.
(Code 1896, §4938; Code 1907, §7175; Code 1923, §4572; Code 1940, T. 15, §422.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 1 - General Provisions. › Section 15-16-3 - Costs of Moving Prisoners to Be Defrayed by State; Recovery of Costs by State.

Section 15-16-3
Costs of moving prisoners to be defrayed by state; recovery of costs by state.
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.
(Code 1896, §4945; Code 1907, §7183; Code 1923, §4580; Code 1940, T. 15, §431.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 2 - Confined Persons. › Section 15-16-20 - Duty of Judge to Institute Investigation on Sanity of Certain Confined Persons; Proceedings Where Person Found Insane.

Section 15-16-20
Duty of judge to institute investigation on sanity of certain confined persons; proceedings where person found insane.
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.
(Code 1867, §1060; Code 1876, §1488; Code 1886, §4816; Code 1896, §4942; Code 1907, §7180; Code 1923, §4577; Code 1940, T. 15, §428.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 2 - Confined Persons. › 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.

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.
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.
(Code 1896, §4941; Code 1907, §7178; Code 1923, §4575; Code 1940, T. 15, §426.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 2 - Confined Persons. › Section 15-16-23 - Suspending Execution of Death Sentence of Insane Convict; Order Upon Restoration to Sanity; Limitations on Jurisdiction to Suspend Execution.

Section 15-16-23
Suspending execution of death sentence of insane convict; order upon restoration to sanity; limitations on jurisdiction to suspend execution.
If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the satisfaction of the trial court that the convict is then insane, such trial court shall forthwith enter an order in the trial court suspending the execution of the sentence to the time fixed in the order; and, if it subsequently is made to appear to the court that such convict, the execution of the sentence of whom has thus been suspended, is restored to sanity, the trial court shall forthwith have another order entered ordering and commanding the execution of the judgment and sentence originally awarded in said court at a time fixed in such order. This mode of suspending the execution of sentence after conviction on account of the insanity of the convict shall be exclusive and final and shall not be reviewed or revised by or renewed before any other court or judge. No court or judge in this state shall have the power or right to suspend the execution of sentence of any other court of record on account of the insanity of the convict. This section shall not prevent the judge or court from impaneling a jury to try the question of insanity or from examining such witnesses as he may deem proper for guidance.
(Code 1907, §7179; Code 1923, §4576; Code 1940, T. 15, §427.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 2 - Confined Persons. › Section 15-16-24 - Special Verdict of Not Guilty Due to Insanity; General Verdict of Not Guilty or Verdict of Conviction.

Section 15-16-24
Special verdict of not guilty due to insanity; general verdict of not guilty or verdict of conviction.
If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by reason of insanity, but if the jury does not believe from the evidence that the defendant committed the act or if it believes from the evidence that he is not guilty upon any ground other than his alleged insanity, it must return a general verdict of not guilty; otherwise, it must return a verdict of conviction.
(Code 1896, §4940; Code 1907, §7177; Code 1923, §4574; Code 1940, T. 15, §424.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 3 - Commitment. › Section 15-16-41 - Determination of Necessity for Hearing as to Involuntary Commitment of Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings.

Section 15-16-41
Determination of necessity for hearing as to involuntary commitment of defendant found not guilty by reason of insanity; subsequent proceedings.
If a defendant in a criminal case is found not guilty by reason of insanity, the court shall forthwith determine whether the defendant should be held for a hearing on the issue of his involuntary commitment to the Alabama State Department of Mental Health. If the court determines that there is probable cause to believe that the defendant is mentally ill and as a consequence of such mental illness poses a real and present threat of substantial harm to himself or to others, the court shall order the defendant into the custody of the sheriff until a hearing can be held to determine whether the defendant shall be involuntarily committed. If the court does not make such a determination, then the defendant shall be forthwith released from custody.
(Acts 1981, No. 81-708, p. 1189, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 3 - Commitment. › Section 15-16-42 - Final Hearing Following Finding of Probable Cause.

Section 15-16-42
Final hearing following finding of probable cause.
Whenever the court finds probable cause pursuant to Section 15-16-41, the court shall hold a final hearing within 30 days to determine whether the defendant shall be involuntarily committed.
(Acts 1981, No. 81-708, p. 1189, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 3 - Commitment. › Section 15-16-43 - Commitment of Defendant Upon Finding of Mental Illness.

Section 15-16-43
Commitment of defendant upon finding of mental illness.
THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
If, at the final hearing, the court finds that the defendant is mentally ill and as a consequence of such mental illness poses a real and present threat of substantial harm to himself or to others, the court shall order the defendant committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to such other public facility as the court may order.
If the court does not make such a finding, then the defendant shall be released from custody forthwith.
(Acts 1981, No. 81-708, p. 1189, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-60 - Short Title.

Section 15-16-60
Short title.
This article shall be entitled "The Criminal Psychopath Release Restriction Act."
(Acts 1988, No. 88-581, p. 906, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-61 - Definitions.

Section 15-16-61
Definitions.
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.
(Acts 1988, No. 88-581, p. 906, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-62 - Defendant Not Released From Custody Unless Authorized by Court Order.

Section 15-16-62
Defendant not released from custody unless authorized by court order.
When a defendant in a criminal case has been committed to the custody of the commissioner of the department or another facility as provided by Section 15-16-43, such department or facility may not release such defendant from custody unless authorized to do so by court order as provided in this article.
(Acts 1988, No. 88-581, p. 906, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-63 - Department Must Give Notice of Opinion That Defendant Is No Longer Mentally Ill, Poses No Threat of Substantial Harm, etc.; Inclusion in Notice of Conditional Release Plan.

Section 15-16-63
Department must give notice of opinion that defendant is no longer mentally ill, poses no threat of substantial harm, etc.; inclusion in notice of conditional release plan.
Whenever the department or other facility with custody of a defendant is of the opinion that the defendant is no longer mentally ill, or that the defendant no longer poses a real and present threat of substantial harm to himself or to others by being at large, or no longer poses a real and present threat of substantial harm to himself or to others by being at large if certain conditions are imposed upon his release, the department or other facility shall give notice in writing to the court of that opinion. The department or other facility shall contemporaneously send copies of that notice to: the district attorney; the regional or community mental health facility which is or may be involved if the defendant is released; and the defendant, or his guardian, or his attorney. The department may include in such notice a conditional release plan if the department deems such a plan appropriate.
(Acts 1988, No. 88-581, p. 906, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-64 - Date of Hearing; Notice.

Section 15-16-64
Date of hearing; notice.
The court shall set a hearing to be held within 30 days of its receipt of the notice described in Section 15-16-63, unless an order of release either with or without conditions is stipulated by the department and all the parties to whom notice is required in Section 15-16-63. The court shall give notice of the date of that hearing to the department and to all the parties to whom notice is required in Section 15-16-63.
(Acts 1988, No. 88-581, p. 906, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-65 - Appointed Counsel; Payment.

Section 15-16-65
Appointed counsel; payment.
Where the defendant does not have an attorney, the court shall appoint him one for purposes of the hearing. Payment of appointed counsel for indigent defendants shall be at the same rates and with the same limitations as would apply if the hearing were a criminal prosecution.
(Acts 1988, No. 88-581, p. 906, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-66 - Release of Defendant Upon Failure to Hold Hearing.

Section 15-16-66
Release of defendant upon failure to hold hearing.
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.
(Acts 1988, No. 88-581, p. 906, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-67 - Determination as to Condition of Defendant; Disposition of Defendant.

Section 15-16-67
Determination as to condition of defendant; disposition of defendant.
If, after conducting the hearing, the court determines that the defendant is no longer mentally ill or no longer poses a real and present threat of substantial harm to himself or to others by being at large, the court shall order his release. If the court determines that the defendant is still mentally ill but no longer poses a real and present threat of substantial harm to himself or to others by being at large if his release is accompanied by certain conditions, the court shall order his release subject to those conditions necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or to others.
(Acts 1988, No. 88-581, p. 906, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-68 - Court-Imposed Conditions for Release.

Section 15-16-68
Court-imposed conditions for release.
The conditions that the court may impose upon release, if necessary and appropriate, include, the following:
(1) That the defendant take medication as prescribed by doctors in the department or in a regional or community mental health facility, or by some other doctor whose care the defendant is in;
(2) That the defendant submit to treatment and accept care from a duly authorized outpatient facility such as a regional or community mental health facility;
(3) That the defendant submit to mental or medical evaluation or testing as prescribed by the department, by a regional or community mental health facility, or by other appropriate person or facility;
(4) That the defendant submit to periodic or random drug testing designed to ensure that he is taking any prescribed drugs and avoiding any prescribed drugs including alcohol;
(5) That the defendant avoid specified activities, persons, or places that may be detrimental to his condition;
(6) Any other appropriate condition that is necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or to others while he is at large.
(Acts 1988, No. 88-581, p. 906, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-69 - Specific Conditions for Conditional Release Must Be Stated; Periodic Reports Regarding Defendant's Compliance; Periodic Reports Not Deemed Violative of Doctor-Patient Privilege.

Section 15-16-69
Specific conditions for conditional release must be stated; periodic reports regarding defendant's compliance; periodic reports not deemed violative of doctor-patient privilege.
If conditional release is ordered, the court shall state the specific conditions to be followed by the defendant. The order shall also direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant's compliance with the conditions of release and progress in treatment, with copies to the district attorney, to the defendant or his guardian or counsel, and to the individual or institution from which the defendant is released. Such reports shall not be deemed to be a violation of any doctor-patient, psychiatrist-patient, or psychologist-patient privilege.
(Acts 1988, No. 88-581, p. 906, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-70 - Modification of Release Conditions or Order to Return for Further Treatment; Notice of Hearing; Standard for Modifications and Orders.

Section 15-16-70
Modification of release conditions or order to return for further treatment; notice of hearing; standard for modifications and orders.
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.
(Acts 1988, No. 88-581, p. 906, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 16 - Insanity. › Article 4 - Criminal Psychopath Release Restriction Act. › Section 15-16-71 - Removal of Conditions of Release or Release Without Conditions After Notice and Hearing.

Section 15-16-71
Removal of conditions of release or release without conditions after notice and hearing.
If at any time after a defendant has been conditionally released, it appears that removal of some of the conditions or release of the defendant without conditions will not cause the defendant to pose a real and present threat of substantial harm to himself or to others by being at large, the court, after a hearing, shall remove the unnecessary conditions, or it shall order the defendant released unconditionally and terminate its jurisdiction over the case, as the case may be. All such hearings shall be preceded by notice to the department and to the parties required to be notified in Section 15-16-63.
(Acts 1988, No. 88-581, p. 906, §12.)