reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-40 - Public Records - Certified Copies of Adjudication or Conviction.

Section 15-20A-40
Public records - Certified copies of adjudication or conviction.
(a) It is the intent of the Legislature that a duplicate of a certified copy of a public record be admissible and is not dependent on the original custodian of record to gain admissibility. Further, the Legislature finds that the certification by the clerk of the court and the certification by the Alabama State Law Enforcement Agency assures reliability and trustworthiness.
(b) The clerk of the court shall forward a certified copy of a sex offender's adjudication or conviction to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication or conviction of any of the offenses listed in Section 15-20A-5.
(c) Any state, county, or municipal law enforcement agency, the Attorney General, or a district attorney may request a duplicate of the sex offender's adjudication or conviction from the Alabama State Law Enforcement Agency.
(d) Upon the request of any of the agencies listed in subsection (c), the custodian of records, or its designee, of the Alabama State Law Enforcement Agency shall immediately certify all of the following:
(1) That the Alabama State Law Enforcement Agency received the certified copy of the sex offender's conviction or adjudication from the clerk of the court pursuant to subsection (b).
(2) That the original certified copy received from the clerk of the court remains in the possession of the Alabama State Law Enforcement Agency.
(3) That no changes or alterations have been made to the original certified copy.
(e) Upon certification by the Alabama State Law Enforcement Agency, as provided in subsection (d), the Alabama State Law Enforcement Agency shall immediately forward the certified documents to the requesting agency.
(f) Notwithstanding any other law or rule of evidence, a certified copy of the record of adjudication or conviction as defined in subsection (b), provided by the Alabama State Law Enforcement Agency, as provided in subsection (d), shall be proof of the sex offender's adjudication or conviction of a sex offense and shall be admissible into evidence, without further proof, in any court in this state.
(g) For the purpose of this section, the term conviction or adjudication shall mean a final conviction or adjudication, regardless of whether the conviction or adjudication is on appeal.
(h) Any clerk of a court, who willfully or intentionally fails to report any such conviction or adjudication in his or her court shall be guilty of a Class A misdemeanor.
(Act 2011-640, p. 1569, §40; Act 2015-463, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-41 - Victim Assistance.

Section 15-20A-41
Victim assistance.
(a) After a sex offender's conviction or adjudication, and upon request of the Attorney General's Office, the office of the prosecuting attorney or the clerk of the court shall immediately forward the victim's name and most current address, if available, to the Attorney General's Office of Victim Assistance.
(b) When providing notice of a parole hearing, the Board of Pardons and Paroles shall provide the Attorney General's Office of Victim Assistance with any victim information on victims whose offenders are subject to this chapter.
(c) Upon request of the victim, the Attorney General's Office of Victim Assistance shall send a notice to the victim notifying the victim of the pending release of the sex offender and the location at which the sex offender intends to reside. This request by the victim shall be made electronically or in writing to the Attorney General's Office of Victim Assistance.
(d) It shall be the responsibility of the victim to inform the Attorney General's Office of Victim Assistance of any change to the victim's address or any other pertinent information. If the notice sent by the Attorney General's Office of Victim Assistance is returned as undeliverable, no further action shall be required of the Attorney General's Office of Victim Assistance.
(Act 2011-640, p. 1569, §41.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-43 - Registration and Notification Requirements Mandatory.

Section 15-20A-43
Registration and notification requirements mandatory.
(a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect.
(b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met:
(1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim.
(2) At the time of the commission of the sex offense, the victim was 13 years of age or older.
(3) The sex offense did not involve force and was only a crime due to the age of the victim.
(Act 2011-640, p. 1569, §43; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-44 - Rulemaking Authority.

Section 15-20A-44
Rulemaking authority.
(a) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules establishing an administrative hearing for persons who are only made subject to this chapter pursuant to subdivision (35) of Section 15-20A-5.
(b) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules setting forth a listing of offenses from other jurisdictions that are to be considered criminal sex offenses under subdivision (35) of Section 15-20A-5. Thereafter, any individual convicted of any offense set forth in the listing shall immediately be subject to this chapter and shall not be entitled to an administrative hearing as provided in subsection (a).
(c) The Secretary of the Alabama State Law Enforcement Agency may adopt any rules as are necessary to implement and enforce this chapter.
(Act 2011-640, p. 1569, §44; Act 2015-463, p. 1506, §1; Act 2018-528, §4; Act 2019-465, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-45 - Penalties.

Section 15-20A-45
Penalties.
(a) A sex offender who is convicted of any offense specified in this chapter, in addition to any imprisonment or fine, or both, and in addition to any other fees, costs, and assessments, imposed for the commission of the underlying offense, shall be punished by a fine of two hundred fifty dollars ($250).
(b) The fines collected in subsection (a) shall be distributed as follows:
(1) Fifty dollars ($50) to the Highway Traffic Safety Fund in the Alabama State Law Enforcement Agency.
(2) Twenty-five dollars ($25) to the Circuit Clerk's Restitution Recovery Fund.
(3) Twenty-five dollars ($25) to the State General Fund.
(4) Fifty dollars ($50) to the District Attorney's Fund or the fund prescribed by law for district attorney fees.
(5) Fifty dollars ($50) to the Office of Prosecution Services for the Alabama Computer Forensics Labs.
(6) Fifty dollars ($50) to the law enforcement agency who requested the warrant subject to the following:
a. If the warrant was requested by the sheriff, or his or her designee, any and all monies collected under this subsection shall be deposited in the county general fund earmarked for use by the sheriff and shall be paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.
b. The monies provided in this subdivision and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.
c. If the warrant was requested by a municipality, any proceeds from this subdivision shall be deposited into the municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of such agency or department and shall be used for any lawful purpose related to sex offender registration notification, tracking, or apprehension. The monies provided in this paragraph shall in no way diminish or take the place of any other reimbursement or other source of income established for the chief of police for the operation of his or her office.
(c) Fines ordered pursuant to this section shall not be waived, suspended, or remitted.
(Act 2011-640, p. 1569, §45; Act 2015-463, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-46 - Disposition of Funds.

Section 15-20A-46
Disposition of funds.
(a) The two hundred dollar ($200) filing fee paid by a sex offender who petitions the court for relief pursuant to Sections 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, or 15-20A-34 shall be distributed as follows:
(1) Fifty dollars ($50) to the Circuit Clerk's Restitution Recovery Fund.
(2) Fifty dollars ($50) to the sheriff of the county subject to the following:
a. Any and all monies collected under this subdivision shall be deposited in the county general fund earmarked for use by the sheriff and shall be paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.
b. The monies provided in this subdivision and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.
(3) Fifty dollars ($50) to the District Attorney's Fund or the fund prescribed by law for district attorney fees.
(4) Fifty dollars ($50) to Alabama Network of Children's Advocacy Centers.
(b) The filing fee shall not be remitted.
(Act 2011-640, p. 1569, §46; Act 2015-463, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-47 - Construction.

Section 15-20A-47
Construction.
Nothing in this chapter shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions based on the performance of any duty imposed by this chapter or the failure to perform any duty imposed by this chapter.
(Act 2011-640, p. 1569, §47.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 20A - Alabama Sex Offender Registration and Community Notification Act. › Section 15-20A-48 - Relation to Other Laws.

Section 15-20A-48
Relation to other laws.
(a) For the purposes of Sections 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal sex offense involving a child shall mean a conviction for any sex offense in which the victim was a child under the age of 12 or any offense involving child pornography.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's attorney for the juvenile sex offender, of the pending release of the sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26.
(c) For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original jurisdiction to try any individual who is 18 years of age or older and violates any of the juvenile criminal sex offender provisions of subdivision (1) of subsection (b) of Section 15-20A-27.
(d) For the purpose of Section 13A-5-6(c), an offender is designated a sexually violent predator pursuant to Section 15-20A-19.
(e) For the purpose of Sections 36-18-24(b)(6) and 36-18-25(c)(1), sexual offenses shall include, but not be limited to, those offenses pursuant to Section 15-20A-5.
(f) For the purpose of Section 32-6-49.24, a person who is registered as a sex offender or convicted of a crime that requires registration as a sex offender is a person who is required to register as a sex offender pursuant to this chapter. A crime or offense that requires registration as a sex offender shall include, but not be limited to, those offenses pursuant to Section 15-20A-5.
(g) For the purpose of Sections 38-13-2 and 38-13-4, a sex crime shall also include any offense listed in this chapter pursuant to Section 15-20A-5.
(Act 2011-640, p. 1569, §48.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.

Section 15-21-1
Persons entitled to prosecute writ - Generally.
Any person who is imprisoned or restrained of his liberty in the State of Alabama on any criminal charge or accusation or under any other pretense whatever, except persons committed or detained by virtue of process issued by a court of the United States or by a judge thereof in cases of which such courts have exclusive jurisdiction under the laws of the United States or have acquired exclusive jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas corpus according to the provisions of this chapter to inquire into the cause of such imprisonment or restraint.
(Code 1852, §709; Code 1867, §4260; Code 1876, §4936; Code 1886, §4761; Code 1896, §4812; Code 1907, §7007; Code 1923, §4305; Code 1940, T. 15, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-2 - Persons Entitled to Prosecute Writ - Persons Confined for Failure to Enter Into Undertaking to Keep the Peace.

Section 15-21-2
Persons entitled to prosecute writ - Persons confined for failure to enter into undertaking to keep the peace.
Any person confined in jail for failing to enter into an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this chapter; but such writ can be heard only by a judge of the circuit court, who may discharge the applicant, remand him to jail or reduce the amount of the undertaking as may seem right. If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon the entering into the undertaking in the sum fixed by such judge.
(Code 1896, §4813; Code 1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.

Section 15-21-3
Persons entitled to prosecute writ - Persons confined as insane.
Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar a second application alleging that such person has been restored to sanity.
(Code 1897, §4814; Code 1907, §7009; Code 1923, §4307; Code 1940, T. 15, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.

Section 15-21-4
Application to be made by petition; contents of petition.
Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief and must state, in substance, the name of the person on whose behalf the application is made, that he is imprisoned or restrained of his liberty in the county, the place of such imprisonment, if known, the name of the officer or person by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the petition or the petition must allege that a copy thereof has been demanded and refused or must show some sufficient excuse for the failure to demand a copy.
(Code 1852, §§710, 711; Code 1867, §§4261, 4262; Code 1876, §§4937, 4938; Code 1886, §4762; Code 1896, §4815; Code 1907, §7010; Code 1923, §4308; Code 1940, T. 15, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-5 - Description of Party if Name Uncertain or Unknown.

Section 15-21-5
Description of party if name uncertain or unknown.
If the name of the person on whose behalf an application for a writ of habeas corpus is made or the officer or person by whom he is imprisoned or detained is uncertain or unknown, he may be described in any way that is sufficient to identify him.
(Code 1852, §712; Code 1867, §4263; Code 1876, §4939; Code 1886, §4763; Code 1896, §4816; Code 1907, §7011; Code 1923, §4309; Code 1940, T. 15, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-6 - To Whom Petition Addressed.

Section 15-21-6
To whom petition addressed.
(a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an indictment for felony, the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order of the supreme court or the circuit court, other than an indictment for felony, the petition must be addressed to the nearest circuit court judge.
(c) In all other cases, it may be addressed to any one of them, and when the person is confined in any other place than the county jail or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit court judge.
(Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code 1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-7 - When Petition May Be Addressed to Another Judge; Justifying Proof Required; Ouster of Jurisdiction of Nearest Judge.

Section 15-21-7
When petition may be addressed to another judge; justifying proof required; ouster of jurisdiction of nearest judge.
(a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is absent, is incapable of acting, has refused to grant the writ, has refused to grant the writ returnable within five days or has granted the writ returnable in five days but has failed or refused to rule therein within five days from the return date, it may be addressed to any other circuit court judge. In such case, before the writ is granted, proof must be made, either by the oath of the applicant or other sufficient evidence, of the particular facts which justify such address.
(b) The jurisdiction of the nearest circuit court judge shall be ousted when the petition is filed with any other circuit court judge.
(Code 1852, §714; Code 1867, §4265; Code 1876, §4941; Code 1886, §4765; Code 1896, §4818; Code 1907, §7013; Code 1923, §4311; Code 1940, T. 15, §7; Acts 1951, No. 925, p. 1574.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.

Section 15-21-8
Writ to be granted without delay; to whom writ returnable.
(a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from the petition itself or from the documents thereunto annexed that the person imprisoned or restrained is not entitled to the benefit of the writ under the provisions of this chapter.
(b) When the person is confined in the penitentiary, the writ must be made returnable before the circuit court of the county in which the convict is confined, but if the writ is granted more than 10 days before the time fixed for the holding of such court, it must be made returnable before the nearest circuit court judge. When a person is a patient or confined in any hospital in the state, the writ must be made returnable before the circuit court of the county in which the hospital is located in which he is so confined. In all other cases, the writ must be made returnable before the officer by whom it is granted.
(Code 1852, §713; Code 1867, §4266; Code 1876, §4942; Code 1886, §4766; Code 1896, §4819; Code 1907, §7014; Code 1923, §4312; Code 1940, T. 15, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-9 - Form of Writ.

Section 15-21-9
Form of writ.
A writ of habeas corpus may be, in substance, as follows:
The State of Alabama,)
_________ County.)
To the sheriff of _______ County (or other person by whom the party is imprisoned or
restrained): You are hereby commanded to have the body of A. B. alleged to be detained by you, by whatsoever name the said A. B. is called or charged, with the cause of such detention, before C. D., judge of the circuit court (or other officer, as required by Section 15-21-8), on _____ at _____ (specifying the time and place, or immediately after the receipt of this writ, as the case may be), to do and receive what shall then and there be considered concerning the said A. B.
Dated this ____ day of _____, 20___.
(Signed by the officer, with his official title.)
(Code 1852, §716; Code 1867, §4267; Code 1876, §4943; Code 1886, §4767; Code 1896, §4820; Code 1907, §7015; Code 1923, §4313; Code 1940, T. 15, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-10 - Writ Not to Be Disobeyed for Want of Form or Misdescription; Writ Presumed Addressed to Recipient.

Section 15-21-10
Writ not to be disobeyed for want of form or misdescription; writ presumed addressed to recipient.
A writ of habeas corpus must not be disobeyed on account of any want of form or any misdescription of the person to whom it is addressed, and it must be presumed to have been addressed to the person on whom it is served, notwithstanding any mistake in the name or address.
(Code 1852, §717; Code 1867, §4268; Code 1876, §4944; Code 1886, §4768; Code 1896, §4821; Code 1907, §7016; Code 1923, §4314; Code 1940, T. 15, § 10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-12 - Notice to Any Other Person Having Interest Required.

Section 15-21-12
Notice to any other person having interest required.
If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned or detained by virtue of any process under which any other person has an interest in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon an order requiring the applicant, or someone else for him, to give notice to such person, or to his attorney, of the issue of the writ and of the time and place at which it is returnable, in order that he may, if he thinks proper, appear and object to the discharge of the party who is imprisoned. If such notice is not given, when the party who is entitled to it is within 50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822; Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-13 - Notice to District Attorney, Prosecutor or Arrestor Required When Criminal Charge; Bail Without Notice.

Section 15-21-13
Notice to district attorney, prosecutor or arrestor required when criminal charge; bail without notice.
If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned and detained on any criminal charge or accusation, the officer issuing the writ must endorse thereon an order requiring the applicant, or someone else for him, to give notice to the district attorney of the circuit or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and of the time and place at which it is returnable. If such notice is not given when the district attorney or other person entitled to it is within 50 miles of the place of examination, the party who is imprisoned must not be discharged. But, if the party is charged with an offense which is bailable and he waives an examination into the facts, the judge may fix the amount of bail, without notice to the district attorney or prosecutor, and in so doing, he must act on the presumption that the offense is of the highest grade.
(Code 1852, §719; Code 1867, §4270; Code 1876, §4946; Code 1886, §4770; Code 1896, §4823; Code 1907, §7018; Code 1923, §4317; Code 1940, T. 15, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.

Section 15-21-14
Issuance of precept; execution of precept by sheriff or constable.
(a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable.
(b) Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate.
(c) If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ.
(Code 1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771, 4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923, §§4318, 4325; Code 1940, T. 15, §§14, 21.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-15 - Subpoenas for Witnesses.

Section 15-21-15
Subpoenas for witnesses.
(a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable.
(b) Such subpoenas must be directed to the sheriff or any constable of the county in which the witness resides and must be executed and returned as in other cases.
(Code 1852, §721; Code 1867, §4272; Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319; Code 1940, T. 15, §15.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-16 - Service of Writ.

Section 15-21-16
Service of writ.
A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued or in which the person on whose behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom it is directed and showing the original, if demanded. If such person cannot be found, conceals himself or refuses admittance to the officer, the writ may be served by leaving a copy at the place where the party is confined with any person of full age who, for the time being, has charge of the party or by posting it in a conspicuous place on the outside of the house or building in which the party is confined.
(Code 1852, §722; Code 1867, §4273; Code 1876, §4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940, T. 15, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-17 - When Return to Be Made; Form and Contents of Return.

Section 15-21-17
When return to be made; form and contents of return.
(a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified if practicable; and, if no day is specified therein and the place to which the return is to be made is not more than 30 miles from the place where the party is imprisoned or detained, the return must be made within two days after service, but if more than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days after service.
(b) The return must be signed by the person making it and be verified by his oath, unless he is a sworn public officer and makes the return in his official capacity, and it must state, plainly and unequivocally whether or not he has the party in his custody or power or under his restraint and, if so, by what authority and the cause thereof, setting out the same fully, together with a copy of the writ, warrant or other written authority, if any; and, if he has had the party in his custody or power or under his restraint at any time before or after the date of the writ but has transferred such custody or restraint to another, the return must state to whom, at what time, for what cause and by what authority such transfer was made.
(Code 1852, §§723, 724; Code 1867, §§4274, 4275; Code 1876, §§4950, 4951; Code 1886, §§4774, 4775; Code 1896, §§4827, 4828; Code 1907, §§7022, 7023; Code 1923, §§4321, 4322; Code 1940, T. 15, §§17, 18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-18 - Person and Original Detaining Warrant, Writ, etc., to Be Produced With Return; Exception.

Section 15-21-18
Person and original detaining warrant, writ, etc., to be produced with return; exception.
At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according to the command of the writ, and the original warrant, writ or other written authority under which he was detained; but, if from sickness or infirmity the party cannot be produced without danger, that fact must be stated in the return, verified by oath and, if required, established by other sufficient evidence.
(Code 1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code 1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.

Section 15-21-19
Proceedings when person not produced on account of sickness or infirmity.
When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the court or judge before whom the writ is returnable may proceed to decide on the return as if the party had been produced if satisfied of such sickness or infirmity, may proceed to the place where he is imprisoned or detained and there make the examination or may adjourn the examination to another time.
(Code 1852, §726; Code 1867, §4277; Code 1876, §4953; Code 1886, §4777; Code 1896, §4830; Code 1907, §7025; Code 1923, §4324; Code 1940, T. 15, §20.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-20 - Contesting of Return; Examination Into Imprisonment or Detention; Disposition of Detainee on Adjournment of Examination; Forfeiture of Bail.

Section 15-21-20
Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail.
(a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege any other facts which may be material in the case.
(b) In a summary way, the court or judge may examine into the cause of the imprisonment or detention, may hear the evidence adduced and may adjourn the examination from time to time as the circumstances of the case may require and, in the meantime, remand the party or commit him to the custody of the sheriff of the county or place him under such other custody as his age or other circumstances may require, or, if the character of the charge authorizes it, take bail from him in a sufficient amount for his appearance from day to day until judgment is given.
(c) If the party fails to appear, as required by his undertaking, an entry of forfeiture must be endorsed thereon, signed by the judge and returned to the circuit court of the county in which the examination is had; and the same proceedings must be thereon had in such court as if the undertaking had been taken in such court, the endorsement of forfeiture being presumptive evidence of that fact.
(Code 1852, §§728, 729; Code 1867, §§4279, 4280; Code 1876, §§4955, 4956; Code 1886, §§4779, 4780; Code 1896, §§4832, 4833; Code 1907, §§7027, 7028; Code 1923, §§4326, 4327; Code 1940, T. 15, §§22, 23.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-21 - When Party to Be Discharged or Remanded.

Section 15-21-21
When party to be discharged or remanded.
Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a court or judge of the United States in a case of which such court or judge has exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy of the United States or, being subject to the rules and articles of war is confined by anyone legally acting by authority thereof, or is in custody for any public offense committed in any other state or territory for which, by the Constitution and laws of the United States, he should be delivered up to the authority of such state or territory or that he is otherwise legally detained, he must be remanded.
(Code 1852, §730; Code 1867, §4281; Code 1876, §4957; Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923, §4328; Code 1940, T. 15, §24.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-22 - Admission to Bail if Charged With Bailable Offense; Procedure When Sufficient Bail Not Offered; Transmission of Bail to Clerk of Court; Forfeiture of Bail.

Section 15-21-22
Admission to bail if charged with bailable offense; procedure when sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail.
(a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which is bailable, he must be admitted to bail on offering sufficient bail.
(b) If sufficient bail is not offered, the amount of bail required must be endorsed on the warrant, and the court to which he is required to appear, and the detained party may be afterwards discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section must be transmitted by him to the clerk of the court before which the party is bound to appear by the first day of the next succeeding session and may be forfeited, and the same proceedings thereon had, as against other bail in criminal cases.
(Code 1852, §§731, 733; Code 1867, §§4282, 4284; Code 1876, §§4958, 4960; Code 1886, §§4782, 4783; Code 1896, §§4835, 4836; Code 1907, §§7030, 7031; Code 1923, §§4329, 4330; Code 1940, T. 15, §§25, 26.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.

Section 15-21-23
Judgment, etc., or contempt commitment not to be inquired into.
On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order, judgment, decree or process of any court legally constituted, nor into the justice or propriety of any commitment for contempt made by a court, officer or body according to law and charged in such commitment.
(Code 1852, §734; Code 1867, §4285; Code 1876, §4961; Code 1886, §4784; Code 1896, §4837; Code 1907, §7032; Code 1923, §4331; Code 1940, T. 15, §27.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.

Section 15-21-24
Grounds for discharge of person in custody under process legally issued.
If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where:
(1) The jurisdiction of such court has been exceeded, either as to matter, place, sum or person;
(2) Though the original imprisonment was lawful, the party has become entitled to his discharge by reason of some subsequent act, omission or event;
(3) The process is void in consequence of some defect in matter or substance required by law;
(4) The process, though in proper form, was issued in a case or under circumstances not allowed by law;
(5) The process is not authorized by any judgment, order or decree nor by any provision of the law; or
(6) The person who has the custody of him under any order or process is not the person authorized by law to detain him.
(Code 1852, §735; Code 1867, §4286; Code 1876, §4962; Code 1886, §4785; Code 1896, §4838; Code 1907, §7033; Code 1923, §4332; Code 1940, T. 15, §28.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-25 - Remand or Commitment to Custody or Restraint for Public Offense When Commitment Irregular.

Section 15-21-25
Remand or commitment to custody or restraint for public offense when commitment irregular.
In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of such an offense, although his commitment was irregular, he may be remanded to the custody or restraint from which he was taken if the person under whose custody or restraint he was is legally entitled thereto; but, if not so entitled, he must be committed to the custody or restraint of the proper officer or person.
(Code 1852, §736; Code 1867, §4287; Code 1876, §4963; Code 1886, §4786; Code 1896, §4839; Code 1907, §7034; Code 1923, §4333; Code 1940, T. 15, §29.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-26 - Reimprisonment for Same Cause After Discharge.

Section 15-21-26
Reimprisonment for same cause after discharge.
When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, unless he is indicted therefor or, after a discharge for defect of proof, is again arrested on sufficient proof and committed by legal process.
(Code 1852, §737; Code 1867, §4288; Code 1876, §4964; Code 1886, §4787; Code 1896, §4840; Code 1907, §7035; Code 1923, §4334; Code 1940, T. 15, §30.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-27 - Penalty - Unlawful Detention or Arrest After Discharge Order; Civil Action for Damages.

Section 15-21-27
Penalty - Unlawful detention or arrest after discharge order; civil action for damages.
Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal and proper cause, warrant or other process shall be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible in a civil action for any damages the party may have sustained.
(Code 1852, §738; Code 1867, §4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923, §4335; Code 1940, T. 15, §31.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.

Section 15-21-28
Penalty - Refusal or neglect to deliver true copy of detention order, etc.
Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains any prisoner, either to the prisoner himself or to any other person who applies for the same on his behalf, for six hours after demand is made, forfeits to the prisoner $200.00, and is also guilty of a misdemeanor, on conviction of which he shall be fined not less than $50.00 nor more than $500.00; but no officer is required to deliver more than two copies of such order, writ, warrant or process.
(Code 1852, §739; Code 1867, §4290; Code 1876, §4966; Code 1886, §4789; Code 1896, §4842; Code 1907, §7037; Code 1923, §4336; Code 1940, T. 15, §32.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.

Section 15-21-30
Attachment to compel obedience and punish for contempt.
(a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect on the part of the person to whom it is directed, to proceed forthwith against him by process of attachment, as for contempt, to compel obedience to the writ and to punish him for such contempt.
(b) When such attachment is issued against the sheriff or his deputy, it may be directed to the coroner or to any constable and may be executed by such coroner or constable.
(Code 1852, §741; Code 1867, §4292; Code 1876, §4968; Code 1886, §4791; Code 1896, §4844; Code 1907, §7039; Code 1923, §4338; Code 1940, T. 15, §34.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.

Section 15-21-31
Penalty for transferring custody, etc., so as to elude service or effect of writ.
Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either before or after the issue of such writ with intent to elude the service or effect thereof, transfers such person to the custody of another, places him under the control of another, conceals him or changes his place of confinement forfeits to the party aggrieved the sum of $500.00 and is also guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50.00 and may also be imprisoned in the county jail not more than 12 months.
(Code 1852, §742; Code 1867, §4293; Code 1876, §4969; Code 1886, §4792; Code 1896, §4845; Code 1907, §7040; Code 1923, §4339; Code 1940, T. 15, §35.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-32 - Proceedings Against Defaulting Witnesses.

Section 15-21-32
Proceedings against defaulting witnesses.
If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver it to the clerk of the circuit court of the county in which the examination is had; and the same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement being presumptive evidence of such default.
(Code 1852, §743; Code 1867, §4294; Code 1876, §4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940, T. 15, §36.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.

Section 15-21-33
Taxation and collection of fees and costs of witnesses.
(a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the bill of costs, on the subsequent conviction of the party, where he is detained on a criminal charge.
(b) In other cases, the court or judge may impose the costs, or any portion thereof, on either party; and, when the writ is returnable before a judge of the circuit court, the costs must be taxed by the clerk of such circuit court and collected by execution.
(Code 1852, §§744, 745; Code 1867, §§4295, 4296; Code 1876, §§4971, 4972; Code 1886, §§4794, 4795; Code 1896, §§4847, 4848; Code 1907, §§7042, 7043; Code 1923, §§4341, 4342; Code 1940, T. 15, §§37, 38.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 21 - Habeas Corpus. › Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.

Section 15-21-34
Summoning and compensation of guards to convey prisoner.
(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before whom the writ is returnable and conveying him back again if he is not discharged.
(b) In the case provided for in subsection (a) of this section, the officer and guards are entitled to the same compensation as for removing any prisoner on a change of venue, to be paid in the same manner. Such guards are under the control of the officer summoning them, and any guard who refuses to obey or violates the lawful instructions of such officer is guilty of a misdemeanor.
(Code 1852, §§749, 750; Code 1867, §§4300, 4301; Code 1876, §§4976, 4977; Code 1886, §§4799, 4800; Code 1896, §§4852, 4853; Code 1907, §§7047, 7048; Code 1923, §§4346, 4347; Code 1940, T. 15, §§42, 43.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 1 - General Provisions. › Section 15-22-1 - Compacts With Other States.

Section 15-22-1
Compacts with other states.
Repealed by Act 2002-413, 2003 Regular Session, effective July 1, 2002.
(Acts 1939, No. 276, p. 432; Code 1940, T. 42, §§27, 28.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 1 - General Provisions. › Section 15-22-1.2 - Compacts With Other States.

Section 15-22-1.2
Compacts with other states.
The Governor is authorized and directed to enter into a compact on behalf of the State of Alabama with any state in the United States legally joining the compact in the form as substantially provided for in Section 15-22-1.1.
(Act 2002-413, p. 1039, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 1 - General Provisions. › Section 15-22-1.3 - Interstate Transfer Application Fee.

Section 15-22-1.3
Interstate transfer application fee.
(a) Any adult offender placed under community supervision and released to the community under the jurisdiction of the courts, paroling authorities, corrections, or other criminal justice agencies filing a written request to transfer residence from this state to another state under the Interstate Compact for Adult Offender Supervision shall pay a transfer application fee of seventy-five dollars ($75) for each application prepared for the offender. An exemption from the transfer application fee under this subsection may be granted by the Board of Pardons and Paroles for undue hardship on a case-by-case basis upon the written request of the offender making an application for transfer.
(b) The proceeds of the application fees collected pursuant to subsection (a) shall be deposited into the State Treasury to the credit of the Probationer's Upkeep Fund. The funds are hereby continuously appropriated to the Board of Pardons and Paroles.
(Act 2010-504, p. 810, §1.)