reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 3 - Cash Deposit. › Section 15-13-42 - Application in Satisfaction of Fine; Refund of Surplus.

Section 15-13-42
Application in satisfaction of fine; refund of surplus.
When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the clerk of the court receiving the deposit must, under the direction of the court, apply the money in satisfaction thereof and, after satisfying the fine and costs, must refund the surplus, if any, to the defendant.
(Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 3 - Cash Deposit. › Section 15-13-43 - Deposit of Federal or State Bonds in Lieu of Cash; Sale of Bonds.

Section 15-13-43
Deposit of federal or state bonds in lieu of cash; sale of bonds.
In lieu of a deposit of money, a defendant may deposit negotiable bonds of the United States or of the State of Alabama of the face value of the cash deposit required. Such bonds shall be treated in the same manner as a deposit of money, except that the clerk shall, under order of the court, when occasion arises therefor, sell the said bonds and apply the proceeds of such sale in the manner that a deposit of cash may be required to be applied.
(Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-60 - Extent Undertaking Binds Parties Thereto.

Section 15-13-60
Extent undertaking binds parties thereto.
The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant on the day fixed in the bond or undertaking from day to day of such session and from day to day of each session thereafter, until he is discharged by law and, if the trial is removed to another county, for the appearance of the defendant from day to day of each session of the court to which it is removed until discharged by law.
(Code 1852, §693; Code 1867, §4244; Code 1876, §4852; Code 1886, §4427; Code 1896, §4369; Code 1907, §6349; Code 1923, §3382; Code 1940, T. 15, §207; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-61 - When Bail Not Deemed Discharged.

Section 15-13-61
When bail not deemed discharged.
No bail undertaking shall be discharged by reason of the want of the qualifications required in this chapter, by reason of there not being the requisite number of bail, by reason of any agreement other than is expressed in the undertaking, by reason of the infancy, coverture, lunacy or any other incapacity of any of the other parties thereto, because the defendant has not joined in the same or because the undertaking of bail is taken and approved by the sheriff or his deputy, where the defendant is released from custody on approval of such undertaking of bail.
(Code 1852, §698; Code 1867, §4249; Code 1876, §4858; Code 1886, §4428; Code 1896, §4370; Code 1907, §6350; Code 1923, §3383; Acts 1931, No. 594, p. 675; Code 1940, T. 15, §208; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-62 - Exoneration of Bail by Surrender of Defendant Prior to Conditional Judgment; Bail May Arrest or Authorize Arrest of Principal.

Section 15-13-62
Exoneration of bail by surrender of defendant prior to conditional judgment; bail may arrest or authorize arrest of principal.
Bail may, at any time before a conditional judgment is entered against them, exonerate themselves by surrendering the defendant; and for that purpose, they may arrest the defendant on a certified copy of the undertaking at any place in the state, or may authorize another person to arrest him by an endorsement in writing on such copy.
(Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886, §4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-63 - Arrest of Defendant by Bail After Conditional Judgment.

Section 15-13-63
Arrest of defendant by bail after conditional judgment.
After the entry of conditional judgment against any surety on an undertaking of bail, he may arrest the defendant as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff shall not exonerate the surety unless, in the judgment of the court, a good and sufficient excuse is given for the failure of the defendant to appear at the time the conditional judgment was entered.
(Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-64 - Surrender of Defendant to Sheriff Required to Exonerate Bail; When New Bail Allowed.

Section 15-13-64
Surrender of defendant to sheriff required to exonerate bail; when new bail allowed.
To exonerate the bail, the surrender of the defendant must be made to the sheriff of the county in which the court is held, to which the defendant is bound to appear or to which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may discharge him on his giving new bail; otherwise, he must keep him in jail until discharged by law.
(Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896, §4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-65 - Return of Cash Deposit Upon Surrender by Defendant.

Section 15-13-65
Return of cash deposit upon surrender by defendant.
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.
(Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 5 - Forfeiture. › Section 15-13-80 - Failure of Defendant to Appear; Forfeiture of Money Deposited in Lieu of Bail.

Section 15-13-80
Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, appeal or in any other case, is the appearance of the defendant at court; and the undertaking is forfeited by the failure of the defendant to appear, although the offense, judgment or other matter is incorrectly described in such undertaking, the particular case or matter to which the undertaking is applicable being made to appear to the court.
(b) If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to such officer, official or employee authorized by law to receive fines levied by such court. Thereupon the court shall, without any notice to the defendant, enter judgment absolute for the entire sum deposited, and thereupon such money shall become public money of the State General Fund.
(Code 1852, §694; Code 1867, §4245; Code 1876, §4853; Code 1886, §4431; Code 1896, §4374; Code 1907, §6354; Code 1923, §3387; Code 1940, T. 15, §212; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 5 - Forfeiture. › Section 15-13-81 - Conditional Judgment - Entry; Notice to Defendant; Execution and Return of Notice; Alias Notices.

Section 15-13-81
Conditional judgment - Entry; notice to defendant; execution and return of notice; alias notices.
(a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead of bail, a conditional judgment must be entered by the court in favor of the state against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:
The State)
vs.)
A.B.)
Indictment for assault and battery (or other offense, as the case may be).
It appearing to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case; and the said A. B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered that the State of Alabama recover of the said A. B., C. D. and E. F. on said undertaking the sum of _____ dollars (the sum specified in the undertaking) unless they appear at the next session of this court and show cause why this judgment should not be made absolute.
(b) Notice of the entry of a judgment set forth in subsection (a) of this section must be issued by the clerk to each defendant, which notice may be in the following form:
The State of Alabama)
_____ County)
To A.B., C. D. and E. F.: You are hereby notified that, at the _____ session 20__ of the ____ court
of said county, a judgment was entered against you, of which the following is a copy: (setting out the conditional judgment); and the said judgment will be made absolute against you on the _____ day of _____ of said court, during the session of said court, unless you then and there appear and show cause against the same.
(c) The notice required by subsection (b) of this section may be executed by the sheriff of any county in the state and must be returned by the officer executing it, with his proper return thereon endorsed, on or before the day and date fixed or specified in the notice.
(d) If the notice required by subsection (b) of this section is not served on any of the parties to the undertaking, such other notices as are necessary may from time to time be issued; but two returns of "not found" by the proper officer are equivalent to personal service.
(Code 1852, §§3691-3694, 3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896, §§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 5 - Forfeiture. › Section 15-13-82 - Conditional Judgment - When Set Aside or Made Absolute; When Excuses for Default Heard.

Section 15-13-82
Conditional judgment - When set aside or made absolute; when excuses for default heard.
(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.
(Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876, §§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359, 6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts 1949, No. 199, p. 230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-100 - Short Title.

Section 15-13-100
Short title.
This article shall be known and may be cited as "The Alabama Bail Reform Act of 1993."
(Acts 1993, No. 93-677, p. 1259, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-101 - Definitions.

Section 15-13-101
Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) APPEARANCE BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions.
(2) JUDICIAL OFFICER. Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state.
(3) PROFESSIONAL BAIL COMPANY. A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration.
(4) PROFESSIONAL BONDSMAN. An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company.
(5) PROFESSIONAL SURETY COMPANY. An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Alabama Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the State of Alabama.
(Acts 1993, No. 93-677, p. 1259, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-102 - Definitions and Purpose of Bail.

Section 15-13-102
Definitions and purpose of bail.
As used in this article, "bail" is the release of a person who has been arrested and is being held in the custody of the State of Alabama or one of its subdivisions for the commission of a criminal offense. The primary purpose of bail is to procure the release of a person charged with an offense upon obtaining assurance, with or without security, of the defendant's future appearance in court.
(Acts 1993, No. 93-677, p. 1259, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-103 - Order and Amount of Bail.

Section 15-13-103
Order and amount of bail.
Admission to bail is the order of a judicial officer of any court of the State of Alabama, or one of its subdivisions, that the defendant be discharged from actual custody on bail. Judicial officers of all courts in the State of Alabama shall see that every defendant arrested and in custody has an opportunity to give bail, in cases in which the defendant is entitled to bail and in cases pending before the court, and shall see that the amount of bail is established. The amount of bail shall be set in the amount that the judicial officer feels, in his or her discretion, is sufficient to guarantee the appearance of the defendant. Bail amounts shall not exceed the statutory limits otherwise set out in the laws of this state. The amounts of bail may be set by a judicial officer in a standard bail schedule as prescribed by the judge or pursuant to the bail schedule promulgated by Supreme Court rule.
(Acts 1993, No. 93-677, p. 1259, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-104 - Order of Bail to Be Affixed to Warrants.

Section 15-13-104
Order of bail to be affixed to warrants.
Judicial officers shall see that the amount of bail is affixed to any warrants of arrests issued by the judicial officer at the time of their issuance for which the defendant is arrested and taken into custody. If arrested for an offense for which the defendant is not entitled to release on bail pursuant to Section 15-13-3, the judicial officer shall confirm that "no bail" is affixed on the warrant. Judicial officers may delegate the affixation to lawful employees of the court, but the amount shall be set by the judicial officer.
(Acts 1993, No. 93-677, p. 1259, §5; Act 2021-267, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-105 - Order of Bail in Warrantless Arrest Cases.

Section 15-13-105
Order of bail in warrantless arrest cases.
In cases where a defendant is arrested without a warrant for an offense that is bailable as a matter of right and taken into custody and there is no standard bail schedule prescribed by the presiding judge of the court of jurisdiction for the amounts of bail for the arrests without warrants, then the arresting officer, as soon as possible, shall contact a judicial officer for an order of bail. If the arresting officer is unable to contact the judicial officer having jurisdiction of the case, the arresting officer may contact any judicial officer having the authority to set bail in that judicial circuit to issue the order of bail. If no judicial officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail shall be set by operation of law and the amount of bail shall be that amount prescribed as the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided, however, in violation and misdemeanor cases the minimum amount of bail shall be three hundred dollars ($300) for each offense charged. The judicial officer may also fix the amount of bail on the indictment.
(Acts 1993, No. 93-677, p. 1259, §6; Act 2021-267, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-106 - Illegal Commitment.

Section 15-13-106
Illegal commitment.
Except in cases where there is no right to release on bail pursuant to Section 15-13-3, no person or defendant shall be committed to any jail in the State of Alabama on a warrant unless there is an amount of bail affixed to the warrant. No person or defendant shall remain in jail anywhere in this state for more than 24 hours for any felony or misdemeanor case without an order of bail, unless bail is not authorized by law.
(Acts 1993, No. 93-677, p. 1259, §7; Act 2021-267, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-107 - Who May or Shall Accept, Take, and Approve Bail and Under What Circumstances.

Section 15-13-107
Who may or shall accept, take, and approve bail and under what circumstances.
(a) Judges of any court within the State of Alabama may accept, take, and approve bail within the jurisdiction of their respective courts.
(b) Circuit, district, and municipal court clerks, including magistrates, may accept, take, and approve bail within the jurisdiction of their respective courts.
(c) Only judicial officers and circuit, district, and municipal court clerks or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however, that any person designated by the court to receive cash bonds, shall be bonded to receive court moneys and have the written approval of their chief administrative officer. Clerks of the courts of Alabama may delegate to their employees the right to accept and approve appeal bonds and cash bonds.
(d) Sheriffs of the state and chiefs of police having custody of a defendant may accept, take, and approve property or professional surety bail. The authority may be delegated to their deputies and officers.
(e) The judicial officers and persons in subsections (a), (b), (c), and (d) shall accept and shall release the defendant when bail meets the requirements as set out in Division 10, applying to professional surety. The judicial officers and persons in subsection (c) shall accept, approve, and release the defendant when the bail meets the requirements as set out in Division 9, applying to cash bail. The judicial officers and persons in subsections (a), (b), (c), and (d) may accept, approve, and release the defendant when the officer or person, as designated, is of the opinion the bail meets the requirements as set out in Division 8 of this chapter, applying to property bail.
(Acts 1993, No. 93-677, p. 1259, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-108 - Bail as a Matter of Right.

Section 15-13-108
Bail as a matter of right.
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.
(Acts 1993, No. 93-677, p. 1259, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-109 - Bail in Probation Violation Cases.

Section 15-13-109
Bail in probation violation cases.
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.
(Acts 1993, No. 93-677, p. 1259, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 1 - General Provisions. › Section 15-13-110 - Professional Bondsmen - Right to Interview.

Section 15-13-110
Professional bondsmen - Right to interview.
Sheriffs, chiefs of police, jailers, or other law enforcement officers having custody of defendants who have bail set, shall, upon the request of the defendant or upon request of a professional bondsman, provide a place of privacy for the defendant to be interviewed by a professional bondsman.
(Acts 1993, No. 93-677, p. 1259, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 2 - Four Kinds of Bail and Their Definitions. › Section 15-13-111 - Kinds of Bail.

Section 15-13-111
Kinds of bail.
For persons arrested and taken into custody, there shall be four kinds of bail used in this state. No other form of bail may be approved and accepted by any judicial officer, court clerk, magistrate, or any other person designated to accept and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive. The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional surety bail. Their definitions are as follows:
(1) CASH BAIL. Cash bail is when the defendant or some person on behalf of the defendant deposits cash in an amount equal to a part or the total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction over the case. Acceptance of cash bail shall conform to Division 9.
(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the release of any defendant without any condition of an undertaking relating to, or a deposit of, security. Such bail shall be granted to persons subjected to custodial arrest only by a judicial officer having jurisdiction over the defendant and in accordance with the procedures established in Division 7 of this article.
(3) PROFESSIONAL SURETY BAIL. Professional surety bail is when a defendant is released on bail by having a professional surety or professional bail company execute a bond on behalf of the defendant and becoming surety on the bail. Such companies shall meet the qualification requirements of Division 10.
(4) PROPERTY BAIL. Property bail is when a defendant is released on bail by having at least one or more property owners that own property in the State of Alabama, execute or become bail or surety for the defendant. Such property owners shall qualify and meet requirements applying to property bail as set out in Division 8.
(Acts 1993, No. 93-677, p. 1259, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 3 - Bond Forms — Entry and Return. › Section 15-13-112 - Bond Forms.

Section 15-13-112
Bond forms.
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.
(Acts 1993, No. 93-677, p. 1259, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-113 - Effect of Undertaking: To What Extent Binds Parties Thereto.

Section 15-13-113
Effect of undertaking: To what extent binds parties thereto.
The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant in court on the day fixed in the bond or undertaking, from day to day of such session, and from day to day of each session thereafter, until the defendant is discharged by law, and if the trial is removed to another county, for the appearance of the defendant from day to day of each session of the court to which the defendant is removed until discharged by law.
(Acts 1993, No. 93-677, p. 1259, §14.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-114 - Obligation of Sureties Continues During Trial.

Section 15-13-114
Obligation of sureties continues during trial.
The obligation of the sureties continues throughout every stage of trial, from the time the defendant is entered thereon until the rendition of the verdict by the jury or judge. The finding of the defendant guilty by a jury or judge discharges the sureties. The obligation of the sureties are also discharged when the judge takes any of the following actions:
(1) Sentences the defendant.
(2) Grants the prosecutor's motion to nol pros the case.
(3) Dismisses the case.
(4) Issuance of any order to the defendant to attend driving-under-the-influence school, mental health counseling, or any similar order of which the court would only have had the authority to do so, if there had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution.
(6) Announcement or order of sentence prior to any probation determination.
(Acts 1993, No. 93-677, p. 1259, §15.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-115 - Obligation of Sureties in Probation Cases.

Section 15-13-115
Obligation of sureties in probation cases.
The obligation of sureties is continued beyond the finding of a guilty verdict by the judge or by a jury in cases where the maximum sentence, set out by law, does not exceed 10 years and where the court desires to continue the case for a probation hearing so long as the court has not announced the sentence to be imposed or sentenced the defendant in any form as set out by law. In such cases, the obligation of the sureties is continued until there has been a determination and order by the court of denying or granting probation. In cases where the maximum sentence as set out by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue their obligation on such bail beyond the findings or rendering of the verdict but such an agreement shall be entered on the docket or case summary sheet and the surety shall execute their name or names by the entry.
(Acts 1993, No. 93-677, p. 1259, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-116 - Surrender of Principal in Open Court.

Section 15-13-116
Surrender of principal in open court.
When the defendant is before the court pertaining to the case(s), the sureties of such bail may surrender the defendant in court by notifying the judge that it is their desire to surrender the defendant. The judge shall then order the sheriff, or other officer who has the duty of taking defendants into custody after conviction, to take custody of the defendant. In such event, the surety is not required to produce a bondsman's warrant or certified copy of bond to the court.
(Acts 1993, No. 93-677, p. 1259, §17.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-117 - Authorized Arrest of Defendant by Surety and Exoneration of Bail Prior to Conditional Forfeiture.

Section 15-13-117
Authorized arrest of defendant by surety and exoneration of bail prior to conditional forfeiture.
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.
(Acts 1993, No. 93-677, p. 1259, §18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-118 - Arrest of Defendant by Surety After Conditional Forfeiture.

Section 15-13-118
Arrest of defendant by surety after conditional forfeiture.
After the entry of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest the defendant as provided in Section 15-13-117, but the arrest and delivery of the defendant to the authorized jail as stated in Section 15-13-117 shall not exonerate the surety unless, in the judgment of the court, a good and sufficient cause is given for the failure of the defendant to appear at the time the conditional judgement was entered.
(Acts 1993, No. 93-677, p. 1259, §19.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-119 - Surrender of Defendant to His or Her Original Custodians Necessary to Exonerate Bail; When New Bail Is Allowed.

Section 15-13-119
Surrender of defendant to his or her original custodians necessary to exonerate bail; when new bail is allowed.
To exonerate the bail, the surrender of the defendant, other than that in Section 15-13-116, shall be made to the original custodian of the county or municipality in which the court is held and to which the defendant is bound to appear, or to which the trial has been removed. If there is no warrant of arrest pending for the defendant's arrest, then the original approving officer may discharge the defendant on his or her giving new bail in the same amount.
(Acts 1993, No. 93-677, p. 1259, §20.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-120 - Substitution of Bail.

Section 15-13-120
Substitution of bail.
After a defendant has been released on either one of the four different types of bail, as set out in Division 2, Section 15-13-111, and the defendant desires to substitute one form of bail for another, the defendant may do so by giving such bail to the clerk of the court having jurisdiction of the case. The clerk shall approve the bail being substituted so long as it conforms with this chapter.
(Acts 1993, No. 93-677, p. 1259, §21.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-121 - Bail Not Discharged by Irregularities or by Want of Qualifications.

Section 15-13-121
Bail not discharged by irregularities or by want of qualifications.
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.
(Acts 1993, No. 93-677, p. 1259, §22.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-122 - Bondsman's Process - Detainer.

Section 15-13-122
Bondsman's process - Detainer.
In instances in which the surety or sureties have in their possession a bondsman's process for the defendant and the surety wishes to place a detainer against the defendant with the officer having custody of the defendant, all law enforcement officers of the State of Alabama, or its subdivisions, who have custody of any defendant under bail within the terms of this chapter, shall accept the bondsman's process as a detainer and hold the defendant in custody until the case pending against the defendant in the jurisdiction having custody, has been discharged or until the defendant is authorized to be released from custody by other means set out by law. Upon discharge or release, the officer having custody shall notify the surety that the defendant is ready to be released and the surety shall arrest the defendant and return the defendant to the court of jurisdiction. After the officer has given the surety notice of the release, the surety shall appear before the officer to receive the defendant within 24 hours or the defendant shall be released and detainer cancelled.
(Acts 1993, No. 93-677, p. 1259, §23.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 4 - Effect of Undertaking and Discharge of Bail. › Section 15-13-123 - Surety Discharged - Failing to Accept Detainer.

Section 15-13-123
Surety discharged - Failing to accept detainer.
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.
(Acts 1993, No. 93-677, p. 1259, §24.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process. › Section 15-13-124 - Bondsman's Process.

Section 15-13-124
Bondsman's process.
A bondsman's process is that document which is issued by the clerk of the court that has jurisdiction over the defendant and sureties for the arrest of the defendant.
(Acts 1993, No. 93-677, p. 1259, §25.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process. › Section 15-13-125 - When the Clerk Shall Issue a Bondsman's Process.

Section 15-13-125
When the clerk shall issue a bondsman's process.
The clerk of the court having jurisdiction over the defendant shall issue a bondsman's process to the sureties on such 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.
(Acts 1993, No. 93-677, p. 1259, §26.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process. › Section 15-13-126 - Return of Bondsman's Process.

Section 15-13-126
Return of bondsman's process.
(a) All bondsman's processes, when executed by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of police, or other authorized law enforcement officer to the clerk of the court from which they were issued once the defendant is returned to the custody of the court of jurisdiction with the proper return thereon endorsed.
(b) If the bondsman's process is executed, the return shall be made within five days after service.
(c) When any writ of arrest or other warrant issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement officer and the warrant has been executed and returned to the clerk of the court, the clerk shall notify the surety which obtained the bondsman's process, and if the bondsman's process has not been executed at the time of the notice, then the surety shall return the process to the clerk of the court within five days and the surety shall endorse thereon, "not executed"; or the surety after notice from the clerk, if the surety desires to be relieved of further obligation of bail, shall surrender the defendant by executing the bondsman's process and producing it to the jailor having custody of the defendant. The sheriff or chief of police shall return it to the clerk as specified in subsection (a).
(d) In any case where the clerk of the court has issued a bondsman's process to the surety and the case is disposed of by the court or by operation of law, the clerk of the court shall notify the surety to whom the process was issued and the surety shall return the process to the clerk of the court within five days and endorse thereon, "not executed."
(e) Any surety who fails to comply with subsections (c) and (d) within the prescribed time, may be compelled to make the return by attachment and forfeit to the state or municipality $50. The $50 shall be paid to the clerk within three days notice of the default from the clerk. If the penalty is not paid within three days, the clerk shall not issue any further bondsman's processes to the surety until it is paid.
(Acts 1993, No. 93-677, p. 1259, §27.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process. › Section 15-13-127 - Bondsman's Processes Have Certified Copy of Undertaking Attached.

Section 15-13-127
Bondsman's processes have certified copy of undertaking attached.
The clerk shall see that all bondsman's processes have a certified copy of the undertaking attached to them. If there has been a conditional forfeiture taken by the court, then the clerk shall attach a copy of the conditional forfeiture to the warrant. There shall be no charge to the sureties for the issuance of a bondsman's process.
(Acts 1993, No. 93-677, p. 1259, §28.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process. › Section 15-13-128 - Form for Bondsman's Process.

Section 15-13-128
Form for bondsman's process.
The following shall be substantially the form to be used for a bondsman's process.
BONDSMAN'S PROCESS
STATE OF ALABAMA
COUNTY OF ___________.
(or)
CITY OF ______________.
WHEREAS, the Sureties on the bail of the defendant _____, in case number _____, have expressed their desire to surrender the defendant to the custody of _____ of (City or County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the City/County of _____, Alabama, and,
WHEREAS, the clerk has checked the records and case number _____ is still pending and the defendant nor his or her sureties have been discharged of their obligations, or the records of case number _____ reflect that the defendant has failed to appear on the obligation of bail as required and a warrant has been issued for the arrest of the defendant.
NOW, THEREFORE, this document is issued, as required by law, and the document gives the right to the Sureties (bondsmen) to arrest the defendant, _____ at any place in the State of Alabama, or the sureties may authorize another person to arrest the defendant by an endorsement in writing on this document or attached to this document and the surety or bondsman shall forthwith, after the arrest, take the defendant to the _____ jail of _____, custodian thereof.
Executed this _____ day of _____, 20__.
________________
CLERK OF COURT
SEAL:
Bondsman Return
On this _____ day of ___________, 20__, I ___________ agent for ___________ surrender the above named defendant to the ___________ jail of ___________.
Time: _____
(Acts 1993, No. 93-677, p. 1259, §29.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process. › Section 15-13-129 - Arrest of Principal by Out-of-State Surety.

Section 15-13-129
Arrest of principal by out-of-state surety.
All bondsmen or sureties from out of the State of Alabama who come to this state to make an arrest shall be exempt from having a bondsman's process to arrest a person for which he or she is a surety on bail in another state; but he or she shall have a certified copy of the undertaking of bail for which he or she is surety. His or her right to arrest shall otherwise be in conformity with the common law.
(Acts 1993, No. 93-677, p. 1259, §30.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-130 - Cash Bail - Undertaking of Bail: Basis of and When Forfeited.

Section 15-13-130
Cash bail - Undertaking of bail: Basis of and when forfeited.
The basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, writ of error, or in any other case, is to ensure the appearance of the defendant in court, and the undertaking is forfeited by the failure of the defendant to appear.
If, by reason of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the officer, official, or employee authorized by law to receive fines levied by the court. The court shall then, without any notice to defendant, render judgment absolute for the entire sum deposited and the money shall then become public money of the State General Fund or in bail forfeiture cases pending in the municipal courts the sums shall become public money of the municipality. The state shall remit one-half of the funds it receives to the county in which the defendant was charged. The funds shall be deposited into the general fund of the county and used for the maintenance and operation of the county jail.
(Acts 1993, No. 93-677, p. 1259, §31; Acts 1996, 2nd Ex. Sess., No. 96-881, p. 1695, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-132 - Conditional Forfeiture Notice to Defendant and Sureties.

Section 15-13-132
Conditional forfeiture notice to defendant and sureties.
A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court's conditional forfeiture order to the defendant and sureties. The notice may be in the following form:
STATE OF ALABAMA
_____________
(or City of ___________)
Defendant
vs
___________ County
_____________
Surety
Case No. ___________
_____________
Surety
Charge: ___________
Conditional Forfeiture Notice
To: ___________
___________ Court
Defendant
______________
___________
Surety
You are hereby notified that your name appears as a surety on the bond in the above styled case. This case was called for trial on _______ (date) and the defendant was not present to answer. Therefore, a conditional forfeiture of _______ dollars was entered against you.
You shall file a written response within 28 days after you receive this notice and show cause to the court why this bond amount and the court cost incident to this forfeiture should not be made final.
If no action on your part is taken 28 days after the date you receive this notice, a final forfeiture may be entered against you by the court. The sheriff shall collect the amount of the bond and court cost from you or levy on your property to satisfy the forfeiture case. If you file a written response and the court is of the opinion your written response is not sufficient to set aside the conditional forfeiture, then the court shall set a final forfeiture hearing date and you will be notified at the address provided on the response.
This bond forfeiture is a court case against you separate from the defendant's criminal case. The court has also ordered that the defendant be re-arrested in the original case.
Date issued: ___________
By ___________
Clerk
(Acts 1993, No. 93-677, p. 1259, §33.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-133 - Provisions of Sureties Address for Service.

Section 15-13-133
Provisions of sureties address for service.
It shall be the sole responsibility of any defendant or surety on bail to notify in writing the clerk of any court to which bail is returnable of the proper address for any service or notices and if the address is changed, then a new written notice is required by the defendant or sureties. Any address provided on the bond form executed by the defendant or sureties shall be the written notice to the clerk.
(Acts 1993, No. 93-677, p. 1259, §34.)