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title-14•Title 14 — Criminal Correctional and Detention Facilities
title-14Ala. Code tit. 14CodeJan 1, 1900
There is hereby created the Alabama Department of Corrections, hereinafter referred to as “the department” which shall have all of the duties, responsibilities, authority, power, assets, liabilities, property, funds, appropriations, contractual rights and obligations, property rights and personnel, whether accruing or vested, by operation or by law and which are not in conflict with this section and Sections 14-1-1.2 through 14-1-1.5 which, prior to the enactment of Sections 14-1-15 through 14-1-17, were vested in a Board of Corrections and which, by virtue of such statutes, vested in the Governor of the State of Alabama.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §1.)
The department shall be an administrative department responsible for administering and exercising the direct and effective control over penal and corrections institutions throughout this state. An institution over which the department exercises control may not be leased, transferred, or placed under the supervision or management of any nongovernmental entity without first obtaining the consent of the Legislature through the passage of legislation by a majority vote of the membership of each house.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §2; Act 99-599, p. 1389, §1.)
The department shall be headed by and under the independent direction, supervision and control of a Commissioner of Corrections, hereinafter referred to as “the commissioner,” who shall be appointed by and serve at the pleasure of the Governor. The Governor is hereby authorized to set the salary of the commissioner at the same level of any cabinet officer or at a reasonable level in excess thereof. The commissioner, without additional compensation, shall also serve as and exercise the authority, functions and duties of the Commissioner of Corrections as that position otherwise exists under the laws of Alabama, it being the intention of this section that there be but one Commissioner of Corrections.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §3.)
The commissioner shall be a person of good character, of good business experience and experience in the administration of correctional systems, shall have no financial interest in any partnership, corporation or association with which the department has any financial dealings and shall devote his full time to his official position and shall hold no other lucrative position while serving as such. Before entering upon the duties of his office, the commissioner shall take the constitutional oath of office and execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than $10,000.00, for the faithful performance of his duties.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §4.)
(a) The commissioner may appoint no more than five deputy commissioners, who shall serve at his or her pleasure, and the commissioner shall define their duties. The deputy commissioners shall be individuals of good character, with good business, educational, or administrative experience, shall have no financial interest in any partnership, corporation, or association with which the department has any financial dealings, shall devote their full time to their official position, and shall have no other lucrative position while employed. Their salaries shall be set by the commissioner, but shall not exceed the salary paid the commissioner.
(b) One deputy commissioner shall be known as the Deputy Commissioner for Inmate Rehabilitation. The Deputy Commissioner for Inmate Rehabilitation shall be responsible for the development, implementation, and improvement of programs designed to reduce recidivism.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §5; Act 2021-478, §1; Act 2024-307, §1.)
The Commissioner of the Department of Corrections shall release into the custody of the United States Bureau of Prisons, or its authorized representative, any person in the custody of the Department of Corrections whose federal sentence exceeds his or her sentence in Alabama unless he or she was convicted of a Class A felony or a sex offense defined pursuant to Section 15-20A-5.
(Act 2015-185, §15.)
(a)(1) The Commissioner of the Department of Corrections may appoint administrators to carry out the operations and management of correctional facilities, including facilities defined in Section 14-2-1, who: (i) shall serve at his or her pleasure; (ii) shall be deemed exempt employees under Section 36-26-10; and (iii) shall not be required to be certified as either a corrections officer or a law enforcement officer by the Alabama Peace Officers’ Standards and Training Commission.
(2) The commissioner, as the appointing authority, shall establish the positions, set the qualification requirements, define duties and personnel policies, and set salaries not to exceed the salary of the commissioner.
(b)(1) By March 1, 2025, the commissioner may appoint 15 employees for constituent services who: (i) shall serve at his or her pleasure; (ii) shall be deemed exempt employees under Section 36-26-10; and (iii) shall not be required to be certified as either a corrections officer or a law enforcement officer by the Alabama Peace Officers’ Standards and Training Commission.
(2) One employee shall oversee departmental constituent services and shall serve as a liaison to the Joint Legislative Prison Oversight Committee, created by Section 29-2-20, for the purposes of studying and addressing services provided by the department to constituents and the families of inmates and victims.
(3) The other 14 employees shall oversee constituent services for all department facilities.
(4) The commissioner, as the appointing authority, shall consider information from the Joint Legislative Prison Oversight Committee in establishing qualification requirements and duties of the employees. The commissioner shall also set salaries not to exceed the salary of the commissioner.
(5) At a minimum, employees appointed in constituent services shall:
a. Create a standardized form to be used by the department for inquiries and complaints received by constituents and families of incarcerated individuals and victims. The form shall contain a central physical address and email address to be used for submittal of the form;
b. Provide the electronic form on the department’s website;
c. Review inquiries and complaints received by the department via the electronic form. Every inquiry and complaint form shall be assigned to a constituent services employee and shall be provided to the Joint Legislative Prison Oversight Committee’s liaison; and
d. Respond to every inquiry and complaint form, following the department’s procedures, and provide the responses to the Joint Legislative Prison Oversight Committee’s liaison.
(Act 2024-307, §2.)
(a) The department may appoint officers and employees as it may require for the performance of its duties and shall fix and determine their qualifications, duties, and authority. The employees of the department, except the commissioner, the deputy commissioners, appointed administrators, and other exempt positions allowed by law shall be subject to the law with respect to the method, selection, classification, and compensation of state employees on the basis of merit.
(b) The department shall not rescind any employee position with the classification of “correctional officer” and replace him or her with an employee of a lower classification or pay.
(c) The rules of the State Personnel Department shall not be applicable to the appointment, tenure, or compensation of physicians, surgeons, psychiatrists, psychologists, dentists, or allied professional supportive personnel employed by the department.
(d) The deputy commissioners and all other appointed personnel shall serve at the pleasure of the commissioner.
(Acts 1953, No. 202, p. 267, §4; Acts 1975, No. 873, p. 1728, §1; Acts 1978, No. 595, p. 717, §1; Acts 1995, No. 95-575, p. 1210, §1; Act 2024-307, §1.)
Upon the acquisition of the Perry County Facility by the Alabama Corrections Institution Finance Authority, as provided in Chapter 2, the Department of Corrections shall employ all otherwise eligible employees below the rank of captain, through provisional appointments, persons who were employees of the Perry County Facility at the time of acquisition as the department deems necessary and appropriate. All subsequent appointments and employment of persons shall be pursuant to the Merit System Act of Alabama.
(Act 2010-729, p. 1834, §3.)
Any Department of Corrections officer certified by the Alabama Peace Officers’ Standards and Training Commission, including a K-9 handler, may use a police animal or search and rescue animal, as defined in Section 13A-11-260, to assist any law enforcement agency with public safety.
(Act 2023-318, §1.)
(a) The board shall require its officers and employees and those of institutions under its charge or control who may be charged with the handling of any public moneys to give bond to the state in a sum to be prescribed by the board, conditioned faithfully to account for all moneys and to disburse the same according to law, the bonds to be signed by an approved surety company and to be approved by the commissioner of the board.
(b) The premiums on the bonds shall be paid by the state.
(Acts 1923, No. 85, p. 67; Code 1940, T. 45, §5.)
The board shall have the power to create within the board such divisions as may be necessary for its effective administration. Each division in the board shall be headed by and be under the direction, supervision and control of an officer who shall be designated as the chief of such division. All chiefs of divisions shall be appointed by the board. Before entering upon the discharge of their duties, such chiefs of divisions shall take the constitutional oath of office. The salaries of such chiefs of divisions shall be fixed by the board, with the approval of the Governor, and shall be paid in the same manner and at the same time as the salaries of other state officers, but no one of such salaries shall exceed such amount as is provided by statute; except, that the salaries paid two physicians may not be in excess of such amount as is provided by statute. Each such officer shall devote his full time to his official duties and shall hold no other lucrative position while serving as such.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §9.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §3.)
[Repealed]
Repealed by Act 2015-70, §1(22), effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §6; Acts 1951, Ex. Sess., No. 10, p. 176; Acts 1978, No. 595, p. 717, §3.)
[Repealed]
Repealed by Act 2015-70, §1(22), effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §7.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §8.)
The board may also make such changes in the existing arrangements with reference to the segregation and treatment of tubercular patients and other patients needing long-time hospital detention and care who are serving sentences for conviction of crime, so as to permit such patients to be transferred to the custody and care of those officers and agents who have the charge and control of the detention hospital, or hospitals, of the state convict system. The agents in charge of such hospital, or hospitals, during the period of the treatment of such convict patients, are constituted the legal custodians of such convicts. Any such hospital, or hospitals, or other places suitable and used under the convict system for the segregation and treatment of tubercular or other long-time patients may be opened under the authority of the board and may be used for the segregation, treatment and care of other inmates afflicted with tuberculosis or other diseases or ailments requiring long-time detention, treatment and care, and who may be received from any other institution covered by this chapter, or from any hospital or other duly accredited and responsible institution in the state with which the board may cooperate in the matter of the treatment or care of such patients. There shall be proper separation of convicts from free persons and males from females in such hospital or place of detention. The board is given general authority over the reception, care, custody and segregation of such persons and is also vested with the power and authority, by and with the approval of the Governor, to establish and promulgate rules and regulations for the proper conduct of the business and operation of such hospitals and places of detention, except as may be otherwise provided by this chapter.
(Acts 1923, No. 85, p. 67; Code 1940, T. 45, §4.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1953, No. 202, p. 267, §6.)
There is hereby created from the board’s general operating funds, for the use and benefit of the board, a fund in the amount of $40,000.00 to be known as the Corrections Revolving Fund. The purpose of said fund shall be to pay certain expenses at the general office of the board and at the prisons and institutions under its supervision and control. The Commissioner of Corrections or the chief accountant of the board, upon authorization by the board, shall be the custodian of said fund and shall authorize, approve or certify all withdrawals and expenditures from said fund. Reimbursement to this fund shall be made by voucher by the commissioner or chief accountant, upon which the comptroller shall issue his warrant. The commissioner shall be authorized to make such expense advances from said fund to transfer agents and other employees as he deems proper. He shall be authorized to set aside such amounts as he deems necessary to the various prisons and institutions under his supervision for allowances to prisoners and for general administrative uses in such institutions. Expenditures from said fund shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41. All refunds to the Corrections Revolving Fund, as established by this section, shall be made from the board’s general operating fund.
(Acts 1973, No. 1086, p. 1851; Acts 1988, 1st Ex. Sess., No. 88-879, p. 424, §1.)
All duties, responsibilities, authority, power, assets, liabilities, property, funds, appropriations, contractual rights and obligations, property rights and personnel, whether accruing or vested, by operation or by law and which are not in conflict with Sections 14-1-15 through 14-1-17 and which are presently vested in the Board of Corrections under Title 14, Chapters 1 through 12, as amended, and by any other laws or parts of laws of this state, are hereby vested in the Governor of the State of Alabama.
(Acts 1979, No. 79-426, p. 667, §1.)
Effective October 1, 1979, the Board of Corrections of the State of Alabama is hereby abolished and all rights, all duties, responsibilities, powers, assets, liabilities, contractual rights and obligations and property rights, whether accruing or vested in the abolished agency, are hereby vested in the Governor of the State of Alabama.
(Acts 1979, No. 79-426, p. 667, §2.)
All functions and duties of the department shall be exercised by the Governor, acting by himself or by and through such administrative divisions or such officers or employees or individuals as he may designate. The Governor is hereby further authorized to set the salary of such individual or individuals and make one such person responsible to him as administrator of the corrections institutions throughout this state. The Governor is further authorized to set the salary of such administrator at the same level of any cabinet officer or at a reasonable level in excess thereof. Any administrator shall have the authority and the duties which the Governor may designate and all of the power and authority incident to carrying out the functions and duties assigned.
(Acts 1979, No. 79-426, p. 667, §3.)
[Repealed]
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-764, p. 1306.)
(a) As used in this section, the following terms shall have the following meanings:
(1) CORRECTIONS FACILITY. Any facility or program controlled or operated by the state Department of Corrections or any of its agencies or departments and supported wholly or in part by state funds for the correctional care of persons or any county jail operated and controlled by the county sheriff and a county.
(2) CUSTOMIZED PATIENT MEDICATION PACKAGE. A package that is prepared by a pharmacist for a specific patient and that contains two or more prescribed solid oral dosage forms.
(3) REPACKAGING. The process by which the pharmacy prepares a prescription it accepts pursuant to this section in a unit-dose package, unit-of-issue package or customized patient medication package for immediate dispensing in accordance with a current prescription.
(4) UNIT-DOSE PACKAGE. A package that contains a single-dose drug with the name, strength, control number, and expiration date of that drug on the label.
(5) UNIT-OF-ISSUE PACKAGE. A package that provides multiple doses of the same drug, but each drug is individually separated and includes the name, lot number, and expiration date of the drug.
(b) A pharmacy operated by the Alabama Department of Corrections or by a county for a county jail or operated by a company under contract with the Alabama Department of Corrections or with a county for a county jail, shall accept for the purpose of redispensing a prescription drug that has been dispensed and has left the control of the pharmacy or pharmacist if the prescription drug is being returned by a corrections facility that has met the requirements of routine on-site inspections by the pharmacy or pharmacist and has a registered professional nurse or a licensed practical nurse who is responsible for the security, handling, and administration of prescription drugs within that corrections facility and if all of the following conditions are met:
(1) The pharmacy or pharmacist is satisfied that the conditions under which the prescription drug has been delivered, stored, and handled before and during its return were such as to prevent damage, deterioration, or contamination that would adversely affect the identity, strength, quality, purity, stability, integrity, or effectiveness of the prescription drug.
(2) The pharmacist is satisfied that the prescription drug did not leave the control of the registered professional nurse or licensed practical nurse responsible for the security, handling, and administration of that prescription drug and that the prescription drug did not come into the physical possession of the individual for whom it was prescribed.
(3) The pharmacist is satisfied that the labeling and packaging of the prescription drug are accurate, have not been altered, defaced, or tampered with and include the identity, strength, expiration date, and lot number of the prescription drug.
(4) The prescription drug was dispensed in a unit-dose package or unit-of-issue package.
(c) A pharmacy operated by the Alabama Department of Corrections or by a county for a county jail or operated by a company under contract with the Alabama Department of Corrections or with a county for a county jail shall not accept for return prescription drugs as provided pursuant to this section until the pharmacist in charge develops a written set of protocols for accepting, returning to stock, repackaging, labeling, and redispensing prescription drugs. The written protocols shall be maintained on the premises of any pharmacy dispensing prescriptions for the Alabama Department of Corrections or a county jail and shall be readily accessible to each pharmacist on duty. The written protocols shall include, at a minimum, each of the following:
(1) Methods for ensuring that damage, deterioration, or contamination has not occurred during the delivery, handling, storage, or return of the prescription drugs such that it would adversely affect the identity, strength, quality, purity, stability, integrity, or effectiveness of the prescription drugs or otherwise render the drugs unfit for distribution.
(2) Methods for accepting, returning to stock, repackaging, labeling, and redispensing the prescription drugs returned pursuant to this section.
(3) A uniform system of recording and tracking prescription drugs that are returned to stock, repackaged, labeled, and redistributed pursuant to this section.
(d) If the condition of a prescription drug and its package meets the standards set forth in subsection (c), a prescription drug shall be returned to stock and redistributed as follows:
(1) A prescription drug that was originally dispensed in the manufacturer’s unit-dose package or unit-of-issue package that is returned in that same package may be returned to stock, repackaged, and redispensed as needed.
(2) A prescription drug that is repackaged into a unit-dose package or a unit-of-issue package by the pharmacy, dispensed and returned to that pharmacy in that unit-dose package or unit-of-issue package may be returned to stock, but it shall not be repackaged. A unit-dose package or unit-of-issue package prepared by the pharmacist and returned to stock shall only be redispensed in that same unit-dose package or unit-of-issue package and shall only be redispensed once. A pharmacist shall not add unit-dose package drugs to a partially used unit-of-issue package.
(e) This section does not apply to any of the following:
(1) A controlled substance.
(2) A prescription drug that is dispensed as part of a customized patient medication package.
(3) A prescription drug that is not dispensed as a unit-dose package or a unit-of-issue package.
(4) A prescription drug that is not properly labeled with the identity, strength, lot number, and expiration date.
(Act 2011-686, p. 2069, §§1, 2; Act 2013-396, p. 1510, §1.)
(a) The Alabama Department of Corrections may establish a program designed to increase correctional officer hiring and retention by offering bonuses or training incentives, or a combination of both, to employees in specified correction officer classifications for remaining employed by the department for consecutive terms of employment.
(b) The department may grant bonuses to employees of the department, to be paid incrementally, upon successful completion of certain training programs and upon the attainment of certain career milestones, provided the employee is an active employee of the department on the date the bonus payment is made, to be granted as follows:
(1)a. Correctional Officer bonuses shall be awarded as follows:
A one thousand five hundred dollar ($1,500) bonus for successful completion of an Alabama Department of Corrections Training Academy class or successful completion of an Alabama Peace Officers’ and Standards Training Commission law enforcement refresher class.
A one thousand five hundred dollar ($1,500) bonus for attainment of status as a Correctional Officer.
A one thousand eight hundred seventy-five dollar ($1,875) bonus for attainment of status as a Correctional Officer Senior upon creation of the position by the State Personnel Board.
A two thousand six hundred twenty-five dollar ($2,625) bonus upon the one-year anniversary of the attainment of status as a Correctional Officer Senior upon creation of the position by the State Personnel Board.
b. Other Correctional Officers of the Department of Corrections may receive promotional or retention bonuses subject to the limitation in subdivision (3), upon recommendation of the Department of Corrections and approval by the State Personnel Department.
(2) The bonuses described in subdivision (1) shall be paid by the department to new appointments, transfers, and promotions as provided in subdivision (1) beginning on May 29, 2019, and continuing through December 31, 2022. No bonus payment pursuant to this section may be made by the department after December 31, 2025. If the staffing targets of the department are achieved prior to December 31, 2022, the department may discontinue the bonus program for any further appointments.
(3) In no event shall the total bonus payments under this section total more than seven thousand five hundred dollars ($7,500) per employee.
(4) In no event shall any employee of the department who separates from the department after April 1, 2019, be eligible for any incentives under this program.
(c) No bonus payments received by an employee of the Department of Corrections under this section shall be used in the computation of retirement or other benefits.
(d) The department shall report annually on the first legislative day of the Regular Session of the Legislature to the Chairs of the House Ways and Means, General Fund Committee, the Senate Committee on Finance and Taxation, General Fund, and the Joint Legislative Prison Oversight Committee on the number and amount of bonuses paid under the program.
(e) It is not the intention of this section to make appropriations, but the program established by the department is subject to the appropriations made for the department in the annual appropriations act.
(Act 2018-505, §§1-4; Act 2019-286, §2.)
(a)(1) Counties are not financially responsible for the cost of health care provided to a parolee or probationer charged with, or sanctioned or revoked for, a parole or probation violation.
(2) The county may submit an invoice to the Department of Corrections for reimbursement of the county’s cost of health care administered outside the county jail and actual costs of any care administered in the county jail. Invoices must be paid by the department within 60 days of the receipt of the invoice.
(b)(1)a. The Department of Corrections shall pay a county jail housing and caring for parolees and probationers charged with, or sanctioned or revoked for, a parole or probation violation a per diem of twenty-eight dollars ($28) per day the parolee or probationer is housed in the county jail.
b. Every three years the rate shall be adjusted by the Department of Finance using the Consumer Price Index for the previous three years.
(2) The county may submit an invoice to the Department of Corrections for payment of the per diem provided in subdivision (1). Invoices must be paid by the department within 60 days of the receipt of the invoice.
(c)(1) If, after 60 days of receipt of an invoice, the Department of Corrections has failed to pay for the health care of parolees and probationers as required in subsection (a), or has failed to pay the per diem as required in subsection (b), a county may file a claim with the Board of Adjustment.
(2) Notwithstanding any other provision of law, the Board of Adjustment shall hear any claim filed by any county pursuant to this subsection within 45 days of the filing of a claim.
(Act 2021-249, §3.)
On or before January 1, 2022, the Department of Corrections shall enter into agreements, and operation shall begin pursuant to the agreements, with at least one residential transition center established pursuant to Section 15-22-30.1 or at least three consenting county jails designated pursuant to Section 14-1-23, and whose facilities will be used for the housing and care of parolees and probationers charged with, or sanctioned or revoked for, a parole or probation violation pursuant to Section 15-22-32 or 15-22-54. Where county jails are used for the housing and care of such parolees and probationers, the agreements shall be implemented and the county jails shall be designated as provided by Section 14-1-23.
(Act 2021-249, §4.)
(a) For the purpose of establishing consenting county jails for the housing and care of parolees and probationers pursuant to Sections 15-22-32 and 15-22-54, the Department of Corrections, in consultation with the Alabama Sheriffs’ Association and the Association of County Commissions of Alabama, shall develop an application and a standard memorandum of agreement to be used by county commissions and sheriffs who agree to provide housing and care to parolees and probationers who have been charged with, or sanctioned or revoked for, a parole or probation violation.
(b) The application shall include, but is not limited to, both of the following:
(1) A determination of the number of excess beds available in the county jail, based on the evaluation of the inmate census and the available occupied beds in the jail during the previous 12-month period.
(2) A determination of the daily cost of housing and caring for prisoners in the county jail during the previous 12-month period. This amount shall be in addition to the cost of providing health care services.
(c)(1) A county commission that, with the consent of the sheriff, elects to provide for the housing and care of parole and probation violators, pursuant to Sections 15-22-32 and 15-22-54, shall submit an application to the Department of Corrections, submit to an inspection of the county jail by the department to determine its ability to house inmates and to provide for their housing and care, and provide any other documentation and information required by the department.
(2) The department shall review all applications annually and shall select the county jails for participation in the program. Any county jail selected for participation shall enter into a memorandum of agreement with the department for the services.
(3) The department shall select at least one county jail located in the northern region, one county jail located in the central region, and one county jail located in the southern region of the state.
(d)(1) Memoranda of agreement shall be for 12 months and may be renewed for up to two additional 12-month periods following an inspection and application as required in subsections (b) and (c).
(2) The memorandum of agreement shall require the department to provide for the cost of health care for parolees and probationers and to provide a per diem for each parolee and probationer as provided in Section 14-1-21.
(3) The memorandum of agreement shall provide for the reimbursement to the county for any increased costs of liability insurance premiums that are required by its insurance carrier for coverage attributed to the housing of inmates pursuant to this section.
(4) The memorandum of agreement shall establish a process for the submittal of monthly payments to the participating counties upon receipt of required documentation.
(e) Procedures for the transfer or release of parolees and probationers at the end of confinement for violations and other procedures necessary to efficiently implement this section shall be established by the department, in consultation with the Alabama Sheriffs’ Association and the Association of County Commissions of Alabama.
(f) Any county that elects to provide for the housing and care of parole and probation violators pursuant to this section, and is participating in the liability self-insurance fund established pursuant to Chapter 30 of Title 11, shall be eligible for the liability self-insurance fund’s coverage for any claims arising out of the housing and care of parole and probation violators.
(Act 2021-249, §5.)
(a) In addition to any reporting requirements under existing law, the Alabama Department of Corrections shall provide to the Joint Legislative Prison Oversight Committee quarterly reports that include all of the following:
(1) A report containing statistical data that would allow the Legislature to assess the size or composition of the inmate population.
(2) A report containing statistical data that would allow the Legislature to assess the general status of correctional officer staffing levels, including new hires and retention between reporting periods.
(3) A report containing statistical data, by sex, of inmate participation in educational, vocational, religious, or reentry programs.
(4) A list of all litigation filed during the quarter involving the department, or any of its employees that relates to performance of his or her employment, to include the case style, case number, court, date of filing, and the amount of money paid by the department to defend the litigation.
(5)a. A report containing statistical data of all occurrences of sexual abuse and sexual victimization of inmates in a correctional facility that are reported to the department. For each incident, the department shall designate whether the investigation is pending or complete. If the investigation is complete, the department shall provide whether the incident was found to be substantiated, unsubstantiated, or unfounded.
b. Reports shall include the date, facility, nature of the incident, and the number of inmates, correctional staff, or contractors involved in the incident.
(6)a. A report containing statistical data on the number, manner, and cause of inmate deaths occurring in a correctional facility, including the results of any autopsy provided to the department by a third party.
b. Reports shall include the date, facility, nature of the incident, and the number of inmates, correctional staff, or contractors involved in the incident.
(7)a. A report containing statistical data of cell phones or other electronic devices, weapons, and controlled substances recovered within a correctional facility.
b. Reports shall include the date, facility, nature of the incident, and the number of inmates, correctional staff, or contractors involved in the incident.
(b) Nothing in this section shall require the department to disclose sensitive security information; information from open criminal investigative files; material protected by attorney-client privilege, executive privilege, work product doctrine or that reveals legal strategy in pending litigation; information prepared for or filed under seal in any court proceeding; or information otherwise protected from disclosure by law.
(c) This report shall be made publicly available on the department’s website within 10 days of its delivery to the joint oversight committee at which time a digital notice of posting shall be sent to each member of the Legislature.
(Act 2021-480, §1.)
The Department of Corrections may expend funds appropriated for the department to procure services, materials, and items needed for programs and events of the department related to any of the following:
(1) Recruitment, training, and retention of law enforcement officers and support staff.
(2) Educating the public.
(3) Rehabilitation and reintegration of offenders.
(4) Further promoting the department’s mission.
(Act 2023-463, §1.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) AUTHORITY. The public corporation organized pursuant to the provisions of this chapter.
(2) COMMISSION. The Building Commission created by Section 41-9-140 and its successors as the state agency for awarding construction contracts and supervising construction.
(3) DEPARTMENT. The Alabama Department of Corrections created by Section 14-1-1.1 and its successors as the state agency responsible for supervising and controlling the operation of the correctional institutions of the state.
(4) ESCAMBIA MEN’S PRISON FACILITY. A prison facility, including all real property, buildings, and improvements, designed to house at least 4,000 male inmates and with intake capability, to be located on land owned by the state or the authority as of December 1, 2020, in Escambia County, as provided in Section 14-2-12(c)(2)a.
(5) STATE. The State of Alabama.
(6) BONDS. The bonds issued under the provisions of this chapter.
(7) FACILITIES. Such term includes any one or more of the following:
a. Prisons;
b. Buildings and enclosures for housing, containing, or supervising prisoners; and
c. Any facilities necessary or useful in connection with prisons, buildings, or enclosures, including, without limiting the generality of the foregoing, hospitals, offices, correctional officers’ quarters and residences, warehouses, garages, storage facilities, abattoirs, cold storage plants, canning plants, laundries, and manufacturing plants , educational and other programming facilities, medical, mental health, and other health care facilities, and substance abuse and addiction treatment facilities.
(8) KILBY PROPERTY. Such term includes all of the real property commonly referred to as Kilby prison property, embracing not only the real property owned by the state on which Kilby prison is located, but also all real property owned by the state used in connection with Kilby prison and adjacent thereto, all located in sections 2, 3, 10, 11, 21, 22, 26, 27, 28, 29, 30, 33, 34, and 35 in township 17, range 18 in Montgomery County, Alabama, together with all personal property owned by the state and used in connection with Kilby prison and the real property adjacent thereto.
(9) PERRY COUNTY FACILITY. The Perry County Correctional Center, including all real property, buildings, and improvements located at the facility in Perry County.
(10) SPECIALIZED MEN’S PRISON FACILITY. A prison facility, including all real property, buildings, and improvements, designed to house at least 4,000 male inmates, with intake capability, and with designated space for enhanced medical, mental health, and other health care, substance abuse and addiction treatment, and educational and other programming services to inmates, to be located on land owned by the state or the authority as of December 1, 2020, in Elmore County, as provided in Section 14-2-12(c)(2)a.
(11) WOMEN’S PRISON FACILITY. A prison facility designed to house at least 1,000 female inmates to be located on land owned by the state or the authority in Elmore County, as provided in Section 14-2-12(c)(2)b.1.
(Acts 1965, No. 678, p. 1226, §2; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §1; Act 2010-729, p. 1834, §1; Act 2021-546, §2.)
It is the intent of the Legislature, by the passage of this chapter, to authorize the incorporation of the Governor, the Commissioner of Corrections, the Director of Finance, the Lieutenant Governor and the Attorney General as a public corporation for the purposes of acquiring land, constructing and leasing correctional institutions, buildings and facilities, disposing of the Kilby property by sale or lease and to vest such corporation with all powers, authority, rights, privileges and titles that may be necessary to enable it to accomplish such purpose. This chapter shall be liberally construed in conformity with the purpose just stated.
(Acts 1965, No. 678, p. 1226, §1.)
The Governor, the Commissioner of Corrections, the Director of Finance, the Lieutenant Governor and the Attorney General may become a public corporation with the power and authority provided in this chapter by proceeding according to the provisions of this chapter.
(Acts 1965, No. 678, p. 1226, §3.)
To become a corporation, the Governor, the Commissioner of Corrections, the Director of Finance, the Lieutenant Governor and the Attorney General shall present to the Secretary of State of Alabama an application signed by them which shall set forth:
(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the document evidencing each applicant’s right to office;
(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;
(3) The name of the proposed corporation, which shall be the “Alabama Corrections Institution Finance Authority”;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. The Secretary of State shall examine the application, and if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
(Acts 1965, No. 678, p. 1226, §4.)
When the application has been made, filed and recorded as provided in Section 14-2-4, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the great seal of the state, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation and agency of the state under the name proposed in the application.
(Acts 1965, No. 678, p. 1226, §5.)
(a) The membership of the authority shall be as follows: The Governor shall be the president of the authority, the Commissioner of Corrections shall be the vice president of the authority, and the Director of Finance shall be the secretary of the authority. In addition to these three members, the Chair of the House Ways and Means General Fund Committee, the Chair of the Senate Finance and Taxation General Fund Committee, a member jointly appointed by the House Minority Leader and the Senate Minority Leader, and the Director of the Board of Pardons and Paroles shall be members of the authority. The governing documents of the authority shall be amended to reflect this membership.
(b) The State Treasurer shall be the treasurer and custodian of the funds of the authority, but shall not be a member of the authority.
(c) A majority of the members of the authority shall constitute a quorum for the transaction of business.
(d) Should any person holding any state office named in this section cease to hold such office by reason of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member or officer, as the case may be, of the authority.
(e) No member or officer of the authority shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority.
(f) No member, officer, or employee of the authority shall be personally liable for any debt, obligation, or liability of the authority.
(g) The authority may delegate any of its administrative or reporting duties and obligations under this chapter to the Department of Corrections or any other state agency, department, or other state entity.
(Acts 1965, No. 678, p. 1226, §6; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §2; Act 2021-546, §2.)
All resolutions adopted by the board of directors shall constitute actions of the authority, and all proceedings of the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by the members of the authority and shall be recorded in a substantially bound book and filed in the office of the Secretary of State. Copies of such proceedings, when certified by the secretary of the authority under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
(Acts 1965, No. 678, p. 1226, §6.)
The authority shall have the following powers among others specified in this chapter:
(1) To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid and until it shall have been dissolved as provided in this chapter;
(2) To maintain actions and have actions maintained against it and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereof;
(3) To have and to use a corporate seal and to alter such seal at pleasure;
(4) To establish a fiscal year;
(5) To acquire and hold title to real and personal property and to sell, convey, mortgage, or lease the same as provided in this chapter;
(6) To provide for the acquisition, construction, reconstruction, alteration, and improvement of facilities and for the procurement of sites and equipment for such facilities and for the lease thereof;
(7) To lease facilities to the state, the department, and any other agency or instrumentality of the state;
(8) To anticipate by the issuance of its bonds as limited in this chapter the receipt of the rent and revenues from such facilities; and from the net rent and sale proceeds of the Kilby property;
(9) As security for the payment of the principal of and interest on its bonds, to enter into any lawful covenant, to grant mortgages upon and security interests in its facilities and to pledge the rents and revenues from such facilities; and from the net rent and sale proceeds of the Kilby property;
(10) To invest as provided in this chapter the proceeds from the sale of its bonds pending need therefor; and
(11) To appoint and employ such attorneys, agents, and employees as the business of the authority may require, subject to the Merit System where applicable.
(Acts 1965, No. 678, p. 1226, §7; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §3; Act 2010-729, p. 1834, §1.)
(a) Separate and apart from the power granted to the authority in regard to the Kilby property in Sections 14-2-26 and 14-2-27, and in addition to those powers, the authority shall have the power to sell, convey, and lease all or any part of any real and personal property now or hereafter owned by it, together with the improvements thereon and ancillary thereto, that is not being used by the department as a facility, and the sale of which will not impair the outstanding obligations of the authority, and as an aid to the sale or lease, to cause to be prepared by competent real estate experts a land use map and plan. The authority may lease or sell lands and property owned by it without going through the Lands Division or in any other way complying with the provisions of Title 9, Chapter 15, Article 3. The authority must have duly adopted written policies and procedures governing the sale or lease of the property which invoke open competition and produce the best price, to include obtaining an appraisal, advertising the sale or lease, and conducting the sale by public auction or publicly sought sealed bid. The sale or lease shall be made at public sale or private sale as the authority shall determine to be necessary or desirable.
(b) The award of any property offered for public sale or lease shall be made to the highest responsible bidder unless all bids shall be rejected as inadequate and other public offering shall be made upon notice republished as prescribed above. Any sale shall be for all cash. Each deed or lease to effectuate any sale or lease shall be signed in the name of the authority by its president, to which the seal of the authority shall be affixed and attested by its secretary.
(c) The proceeds of each sale or lease of any such property shall be used first to pay the reasonable and necessary expenses of the sale or lease, and the balance remaining shall be deposited into the Correctional Facilities Maintenance Fund.
(d) The department shall maintain all facilities not being used for the purposes designated in Section 14-2-1(7), and designated for sale, lease, demolition, or other disposition, so long as title thereto is held by the authority, to enable the authority to achieve the best possible price or other result upon the sale, lease, or other disposition thereof.
(e) Upon request of the authority, the department shall convey to the authority any real and personal property to which the department holds title and acquired with proceeds of the authority’s bonds or income thereon.
(Act 2021-546, §3.)
The authority shall have the same power of eminent domain as the state. Such power shall be exercised in the same manner and under the same conditions as is provided by law for the exercise of the power of eminent domain by the state.
(Acts 1965, No. 678, p. 1226, §8.)
In anticipation of issuance of bonds under this chapter, the authority may, from time to time, borrow such sums as may be needed, not exceeding $1,000,000.00 in aggregate principal amount, for any of the purposes for which bonds are authorized to be issued under this chapter and in evidence of the moneys so borrowed may issue its promissory notes. The authorized principal amount of notes that may be issued under this section shall be reduced to the extent that bonds may be issued under this chapter. The principal of and the interest on notes so issued may, from time to time, be refunded by refunding notes or by bonds in anticipation of the issuance of which such notes were issued. All such notes, whether initial issues or refunding issues, may bear interest from their dates until their maturities at such rate or rates as may be deemed acceptable by the board of directors, not to exceed 10 percent per annum, shall mature within two years from their date, and the principal thereof, premium, if any, and interest thereon shall be payable solely from the proceeds of the refunding notes issued to refund any such notes outstanding, the proceeds from the sale of bonds in anticipation of the issuance of which any such notes were issued and funds from which such bonds may be made payable, all as may be provided in the resolution of the board of directors under which such notes may be issued.
(Acts 1965, No. 678, p. 1226, §10; Acts 1967, Ex. Sess., No. 103, p. 131; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §4.)
The bonds and notes of the authority shall be executed by the manual or facsimile signature of either its president or its treasurer, as shall be provided in the resolution under which such securities shall be issued, and the seal of the authority or a facsimile thereof shall be affixed to any bonds so issued and attested by its secretary; provided, that if bonds are executed entirely by facsimile, such bonds shall be authenticated by the manual signature of the bond trustee, registrar or paying agent. If, after any of the bonds shall be so signed, whether manually or by facsimile, any such officer shall for any reason vacate his said office, the bonds so signed may nevertheless be delivered at any time thereafter as the act and deed of the authority.
(Acts 1965, No. 678, p. 1226, §12; Acts 1967, Ex. Sess., No. 103, p. 131; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §5.)
(a) The authority is hereby authorized, from time to time, to sell and issue, in addition to all bonds heretofore authorized to be issued by the authority, its bonds in such aggregate principal amounts as may be determined by the corporation to be necessary for the purpose of providing funds for the acquisition of sites, for the construction, reconstruction, alteration, and improvement of facilities, for the procurement and installation of equipment therefor, and for payment of obligations incurred and the principal of and interest on any temporary loans made for any of the purposes. The aggregate principal amount of additional bonds authorized pursuant to this subsection shall not exceed twenty-five million dollars ($25,000,000), plus an additional seven million five hundred thousand dollars ($7,500,000) pursuant to Act 97-950.
(b) In addition to the authorization provided in subsection (a), the authority is hereby authorized, from time to time, to sell and issue its bonds in amounts determined by the authority to be necessary for the acquisition, construction, reconstruction, alteration, and improvement of facilities. Additional bonds may be issued to provide for additional bed space by improving properties currently owned by the Department of Corrections or the authority. The total additional bonds authorized by this subsection shall not exceed sixty million dollars ($60,000,000).
(c)(1) Subject to subdivision (2), in addition to any other authorization provided in this chapter, the authority is hereby authorized, from time to time, to sell and issue bonds in multiple series and in amounts determined by the authority to be necessary to replace existing bed space in Department of Corrections facilities through the implementation of the phased plan set forth in Act 2021-546. The total additional bonds authorized to facilitate the phased plan set forth in Act 2021-546 may not exceed one billion two hundred eighty-five million dollars ($1,285,000,000).
(2) The additional bonds authorized under subdivision (1) shall be issued by the authority as necessary for the projects specified in each phase:
a.1. PHASE 1: Effective October 1, 2021, the authority shall be authorized to issue bonds as necessary, and subject to the limitation in this subsection, to fund the following Phase 1 projects:
(i) The construction of the specialized men’s prison facility.
(ii) The construction of the Escambia men’s prison facility.
Within one year from the completion of the specialized men’s prison facility and the Escambia men’s prison facility, the Staton, Elmore, and Kilby facilities shall all be closed.
At a time to be determined by the Department of Corrections, and following the closure of the facilities described in subparagraph 2., the next major Department of Corrections facility to be closed shall be the St. Clair Correctional Facility.
b. PHASE 2: Upon substantial completion of at least 60 percent of the construction of Phase 1 projects, in the aggregate, or anytime thereafter, as certified by the Commissioner of Corrections, and upon certification by the Director of Finance, the Chair of the House Ways and Means General Fund Committee, and the Chair of the Senate Finance and Taxation General Fund Committee that the General Fund can support additional lease payments from the department to the authority or that the funding otherwise exists to complete any of the Phase 2 projects and it is in the best interest of the state to do so, the authority shall be authorized to issue bonds as necessary, and subject to the limitation in this subsection, to fund any of the following Phase 2 projects:
The construction of a women’s prison facility. Within one year of completion of this women’s facility, the Julia Tutwiler Prison shall be closed.
The renovation and improvement, or, if necessary, the demolition and reconstruction, of existing state-owned prison facilities in Jefferson and Limestone Counties.
The renovation and improvement, or, if necessary, the demolition and reconstruction, of an existing state-owned men’s prison facility to be selected by the authority and to be located in Barbour or Bullock County.
c. PHASE 3: Prior to substantial completion of 75 percent of the renovation and improvement of Phase 2 projects, in the aggregate, as certified by the Commissioner of Corrections, the Department of Corrections, in consultation with the Joint Legislative Prison Oversight Committee, shall perform an evaluation of men’s prison facilities based on a current facilities assessment and inmate population trends to determine if additional facility beds need to be replaced. This evaluation shall include a site assessment of the Bibb Correctional Facility to determine the feasibility of repurposing the existing facility, on existing property, into a correctional or rehabilitation facility or for any other purpose. A copy of the evaluation shall be provided to the Legislature.
(3) If bond proceeds exceed the amount authorized in subdivision (1) due to receipt of original issue premium in connection with the sale of bonds or due to any other reason, the bond proceeds in excess of those amounts shall be allocated by the authority for the expense of issuance, including capitalized interest, or as determined necessary for the purposes provided in subdivision (1).
(4) Within 30 days of the completion of any bond sale pursuant to this subsection, the authority shall provide a report in concise, simple language to the Legislature which reflects the date of the issuance of the bonds pursuant to this subsection, total amount of the bonds, maturity date, schedule of payments, including interest and principal, amount of attorney fees, architect fees and bond attorney fees, underwriting fees, and all other costs incurred in the issuance of and sale of the bonds herein authorized, and to what person, firm, corporation, company, or other entity to which any such fees or money is to be or has been paid.
(d) Any monetary transactions by the authority completed pursuant to Act 2010-729 and Act 2021-546 shall be fully disclosed to the public.
(e) Any bonds issued pursuant to this section shall be sold pursuant to the terms of Section 14-2-16.
(f)(1) The authority is strongly encouraged to utilize businesses and companies in all aspects of the bond portions of this chapter which reflect the racial and ethnic diversity of the state.
(2) It is the intent of the Legislature that the authority encourage participation by minority businesses in the construction of prison facilities as provided by Act 2021-546. Accordingly, the authority shall adopt a plan that achieves to the greatest extent possible a level of participation by minority businesses, with a focus on ethnic minority businesses, including prevailing ethnic minority businesses. The authority shall administer training programs and other educational activities to enable eligible minority businesses to compete for participation on an equal basis, and shall focus on developing ethnic minority businesses, including prevailing ethnic minority businesses. The authority shall monitor the results of minority business participation and shall report at least on a quarterly basis the results of minority business participation, with specificity, to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(Acts 1965, No. 678, p. 1226, §9; Acts 1967, Ex. Sess., No. 103, p. 131; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §6; Acts 1992, No. 92-587, p. 1209, §2; Acts 1997, No. 97-950, 1st Ex. Sess., p. 528, §1; Act 98-375, p. 706, §1; Act 2010-729, p. 1834, §1; Act 2015-295, §1; Act 2021-546, 1st Sp. Sess., §2; Act 2025-107, §1.)
The authority may, from time to time, sell and issue its refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority at the time outstanding and any premiums necessary to be paid to redeem any such bonds so to be refunded. Such refunding bonds shall be subrogated and entitled to all priorities, rights and pledges to which the bonds refunded thereby were entitled.
(Acts 1965, No. 678, p. 1226, §11; Acts 1967, Ex. Sess., No. 103, p. 131.)
It is hereby further provided that no refunding bonds as provided for by Section 14-2-13 shall be issued unless the present value of all debt service on the refunding bonds (computed with a discount rate equal to the bond yield of the refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 98 percent of the present value of all debt service on the bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such bonds) determined as if such bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance. Provided further, that the average maturity of the refunding bonds, as measured from the date of issuance of such refunding bonds, shall not exceed by more than three years the average maturity of the bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of bonds for which the average maturity is to be determined.
(Acts 1992, No. 92-587, p. 1209, §4; Act 2021-546, §2.)
Any bonds of the authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable and evidenced in such manner, may contain provisions for redemption prior to maturity and may contain other provisions not inconsistent with this section, all as may be provided by the resolution of the authority whereunder such bonds are authorized to be issued; provided, that no bond of the authority shall have a specified maturity date later than 30 years after its date.
(Acts 1965, No. 678, p. 1226, §13; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §7; Act 2021-546, §2.)
(a) Any resolution or indenture of trust authorizing any bonds under this chapter shall contain a recital that they are issued pursuant to the provisions of this chapter, which recital shall be conclusive evidence that said bonds have been duly authorized pursuant to the provisions of this chapter, notwithstanding the provisions of any other law now in force or hereafter enacted or amended.
(b) Upon the passage of any resolution or approval of any indenture or trust providing for the issuance of bonds under the provisions of this chapter, the authority may, in its discretion, cause to be published once in each of two consecutive weeks in a newspaper published and having general circulation in the City of Montgomery, Alabama, a notice in substantially the following form, the blanks being first properly filled in:
“Alabama Corrections Institution Finance Authority, an Agency of the State of Alabama, on the _____ day of ___, 20, adopted a resolution providing for the issuance of _____ Dollars principal amount of bonds of said Authority. Any action or proceeding questioning the validity of said resolution or said bonds or the pledges and agreements made in said resolution for the benefit thereof, or the proceedings under which said bonds, pledges and agreements were authorized, must be commenced within 20 days after the first publication of this notice.
Alabama Corrections Institution Finance Authority.
By ________________________________ Its President”
(c) Any action or proceeding in any court seeking to set aside or invalidate a resolution providing for the issuance of bonds under the provisions of this chapter or to contest the validity of any such bonds or the validity of any pledge or agreement made therefor must be commenced within 20 days after the first publication of said notice. After the expiration of 20 days following such first publication, no right of action or defense founded upon the validity of the resolution, indenture of trust or other proceedings, if any, or of the bonds or of the pledges or agreements shall be asserted. In the event of such publication, the validity of such resolution, indenture of trust, proceedings, bonds, pledges or agreements shall not be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Any such action shall be brought in the circuit court of Montgomery County, Alabama.
(Acts 1965, No. 678, p. 1226, §28.)
Bonds of the authority may be sold at such price or prices and at such time or times as the authority may consider advantageous, at public sale, private sale, or via negotiation. Bonds of the authority sold by competitive bid must be sold, whether on sealed bids or at public auction, to the bidder whose bid reflects the lowest true interest cost to the authority for the bonds being sold; provided, that if no bid acceptable to the authority is received, it may reject all bids. The authority may fix the terms and conditions under which such sale may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this chapter. The authority may pay out of the proceeds of the sale of its bonds all expenses, including capitalized interest during a period not to exceed three years from the date of issuance of such bonds, publication and printing charges, attorneys’ fees, and other expenses that the authority may deem necessary and advantageous in connection with the authorization, advertisement, sale, execution, and issuance of such bonds. Except as otherwise provided in paragraphs (c)(2)b. and c. of Section 14-2-12, neither a public hearing nor consent of the State Department of Finance or any other department or agency of the state shall be a prerequisite to the issuance or sale of bonds by the authority.
(Acts 1965, No. 678, p. 1226, §14; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §8; Acts 1986, No. 86-281, p. 407, §1; Acts 1992, No. 92-587, p. 1209, §3; Act 2021-546, §2.)
The bonding authority provided herein must file a report, in concise, simple language to each legislator between the first and the twelfth legislative day of each legislative session which shall reflect the date of the issuance of the bonds, total amount of the bonds, maturity date, schedule of payments, including interest and principal, amount of attorney fees, architect fees and bond attorney fees, discount points and all other costs incurred in the issuance of and sale of the bonds herein authorized, and to what person, firm, corporation, company or other entity to which any such fees or money is to be or has been paid.
(Acts 1992, No. 92-587, §5.)
Any surplus in any state fund and any retirements or trust fund, where the investment thereof is permitted or required by law, may be invested in bonds issued by the authority. Unless otherwise directed by the court having jurisdiction thereof or the document which is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in the bonds of the authority.
(Acts 1965, No. 678, p. 1226, §19.)
Any bonds issued by the authority may be used by the holders thereof as security for deposits of any funds belonging to the state or to any instrumentality, agency or political subdivision of the state in any instance where security for such deposits may be required or permitted by law.
(Acts 1965, No. 678, p. 1226, §19.)
(a) All proceeds derived from the sale of any bonds, except refunding bonds, sold by the authority, remaining after payment of the expenses of issuance thereof, shall be turned over to the State Treasurer, shall be carried in a special account to the credit of the authority, and shall be subject to be drawn on by the authority solely for the purposes of:
(1) Acquiring land for and constructing, reconstructing, and equipping thereon one or more facilities;
(2) Constructing additional improvements on property currently owned by the Department of Corrections or the authority in order to provide for additional or replacement bedspace;
(3) Paying all reasonable and necessary expenses incidental thereto, including filing, recording, surveying, legal and engineering fees, and expenses;
(4) Paying the interest which will accrue on the bonds during the period required for the construction and equipping of the facilities and for a period not exceeding six months after the completion thereof;
(5) Paying the principal of and interest on all then outstanding notes theretofore issued by the authority pursuant to the provisions of Section 14-2-10;
(6) Paying for the cost of constructing the specialized men’s prison facility and the Escambia men’s prison facility; and
(7) Paying for the cost of renovation and improvement of existing state-owned prison facilities in Jefferson and Limestone Counties and an additional men’s prison facility selected by the authority and to be located in Barbour or Bullock County, and the construction of a women’s prison facility.
The balance of the proceeds thereafter remaining, unless required for the construction of other facilities by the authority as shall be determined by resolution within six months after completion of the facilities for which the bonds were issued, shall be set aside as additional security for the bonds or shall be used to pay, purchase, or redeem bonds as may be provided in the proceedings authorizing their issuance. The reasonable and necessary expenses incident to the construction of any facility shall, if deemed advisable by the authority, include all or any part of the expense of providing temporary facilities, during the construction of a new facility, for any penal or correctional institution facility which is demolished or unserviceable as such.
(b) All proceeds from the sale of refunding bonds issued by the authority that remain after paying the expenses of their issuance may be used only for the purpose of refunding the principal of and any unpaid and accrued interest on the outstanding bonds of the authority for the refunding of which the refunding bonds are authorized to be issued, together with any premium that may be necessary to be paid in order to redeem or retire such outstanding bonds.
(Acts 1965, No. 678, p. 1226, §20; Acts 1967, Ex. Sess., No. 103, p. 131; Act 2010-729, p. 1834, §1; Act 2015-295, §1; Act 2021-546, §2.)
Any portion of the principal proceeds derived from the sale of the bonds which the board of directors of the authority may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, be invested by the State Treasurer in any securities which are direct and general obligations of the United States of America or the principal of and interest on which are unconditionally and irrevocably guaranteed by the United States of America. Any such securities may, at any time and from time to time on order of the authority, be sold or otherwise converted by the State Treasurer into cash. The income derived from any such investments shall be disbursed on order of the authority for any purpose for which it may lawfully expend funds.
(Acts 1965, No. 678, p. 1226, §15.)
(a) The principal of, premium, if any, and interest on the bonds of the authority shall be secured by any or all of the following, as the authority may determine:
(1) The rent and revenue for the use of one or more facilities of the authority;
(2) The net rent or sale proceeds from the Kilby property;
(3) Any bond proceeds remaining unexpended upon completion of all facilities to be constructed with such bond proceeds and the payment of the cost thereof;
(4) Any insurance proceeds which the authority may receive by reason of its ownership of any of the facilities; and
(5) Any mortgage upon or security interest in one or more facilities of the authority, granted in connection with the issuance of such bonds.
(b) The authority shall have authority to transfer and assign any lease agreement of any of the facilities and any lease or mortgage of the Kilby property as security for the payment of such principal, premium, if any, and interest. The bonds may be issued under, and secured by, a resolution which may, but need not, provide for an indenture of trust covering one or more facilities of the authority. Such resolution or such indenture of trust may contain any provision or agreement customarily contained in instruments securing evidences of indebtedness, including, without limiting the generality of the foregoing, provisions respecting the collection and application of any lease agreement revenues, or other receipts pledged to the payment of bonds, the terms to be incorporated in lease agreements respecting the facilities, the maintenance and insurance thereof, the creation and maintenance of reserve and other special funds from such receipts, and the rights and remedies available in the event of default to the holders of the bonds or to the trustee for the holders of the bonds or under any indenture of trust, all as the authority may deem advisable and as shall not be in conflict with the provisions of this chapter; provided, however, that in making such agreements or provisions the authority shall not have the power to obligate itself except with respect to its facilities, the Kilby property, and the application of the lease agreement revenues and other receipts which it is authorized in this chapter to pledge.
(c) The Department of Corrections - Correctional Capital Improvement Fund is created within the State Treasury, to be administered by the Department of Corrections. The Legislature shall make appropriations to this entity to be used exclusively for the construction, renovation, and improvement of the prison facilities as enumerated in Section 14-2-12(c).
(d) The Correctional Facilities Maintenance Fund is created within the State Treasury, to be administered by the Department of Corrections. The Legislature shall make appropriations to this fund to be used exclusively for maintenance of the prison facilities as enumerated in Section 14-2-12(c).
(Acts 1965, No. 678, p. 1226, §26; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §9; Act 2010-729, p. 1834, §1; Act 2021-546, §2.)
If there be any default by the authority in the payment of the principal of or interest on the bonds or in any of the agreements on the part of the authority which may properly be included in any resolution or indenture of trust securing such bonds, any holder of any of the bonds or the trustee for the bondholders under any resolution or indenture of trust, if so authorized therein, may, by an action, mandamus or other proceedings, enforce payment of such items and foreclosure upon any mortgage or security interest granted as security for such bonds and compel performance of all duties of the directors and officers of the authority and shall be entitled, as a matter of right and regardless of the sufficiency of any such security or the availability of any other remedy, to the appointment of a receiver with all the power of such receiver for the maintenance, insurance and leasing of the facilities and property covered by such resolution or such indenture of trust and the collection and application of the receipts therefrom. Any such resolution or indenture of trust may contain provisions regarding the rights and remedies of any trustee thereunder and the holders of the bonds and may contain provisions restricting the individual rights of action of the holders of the bonds.
(Acts 1965, No. 678, p. 1226, §26; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §10.)
All bonds issued by the authority, while not registered, shall be construed to be negotiable instruments even though they are payable from a limited source. All coupons applicable to any bonds issued by the authority, while the applicable bonds are not registered as to both principal and interest, shall likewise be construed to be negotiable instruments although payable from a limited source.
(Acts 1965, No. 678, p. 1226, §17.)
All obligations incurred by the authority and all bonds and notes issued by it shall be solely and exclusively an obligation of the authority, payable solely from the revenues and income which may under the provisions of this chapter be pledged to the payment thereof. No obligation incurred by the authority and no bond or note issued by it shall create an obligation or debt of the state.
(Acts 1965, No. 678, p. 1226, §18; Acts 1967, Ex. Sess., No. 103, p. 131.)
The Governor of the state is authorized to execute and deliver, at any time and from time to time, an appropriate deed or deeds conveying to the authority:
Upon delivery of such deed to the authority, it thereby shall be invested with all right and title that the state had in the property conveyed thereby, subject to the right of reverter to the state of all such property, except such parts of the Kilby property as shall be sold as authorized in Section 14-2-26, upon the dissolution of the authority. The authority shall be entitled to immediate possession of all such property upon execution of the deed thereto, but it shall not have the right to possession of the Kilby property, or any portion or parcel thereof, until such time or times as the board shall determine that such property, or a portion or parcel, is not required by it for penal or correctional use. The consideration for said conveyance shall be the authority’s agreement to reconvey to the state all said property, except portions of the Kilby property, which have been disposed of, with all improvements thereon, free of charge, immediately before the dissolution of the authority. Since the state will receive back in free rent or earlier reconveyance of facilities the full value of the Kilby property and since other property to be conveyed to and utilized by the authority would not otherwise be improved or further improved, said consideration is hereby conclusively determined to be valuable, adequate and fair. Immediately prior to its dissolution, the authority shall also convey to the state all other assets acquired by the authority, whether by purchase, gift, grant or otherwise, provided the terms of the grant are not violated thereby.
(Acts 1965, No. 678, p. 1226, §22; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §11.)
(a) The authority shall have the power to sell, convey and lease all or any part of the Kilby property and, as an aid to such sale or lease, to cause to be prepared by competent real estate experts a land use map and plan. No such sale or lease shall be made, however, except at public offering, on sealed bids or at auction, and upon such published notice as the authority shall determine to be necessary or desirable in order to attract the greatest interest from prospective bidders. Notice of any public sale or lease shall, in any event, be given by publication in at least three newspapers of general circulation published in the state at least three times, the first notice to be published not less than 60 days before the date of such public offering, the second notice to be published not less than 30 days nor more than 40 days before such public offering and the third notice to be published not less than 10 days nor more than 20 days before such public offering.
(b) The award of any property offered for sale or lease shall be made to the highest responsible bidder unless all bids shall be rejected as inadequate and other public offering shall be made upon notice republished as before. Any sale shall be for all cash or at least one-third cash and the balance payable in not exceeding three years, bearing interest at the legal rate, payable in such manner as may be specified by the authority and secured by a purchase money mortgage on the property sold. Each deed or lease to effectuate any such sale or lease shall be signed in the name of the authority by its president, to which the seal of the authority shall be affixed and attested by its secretary.
(c) The proceeds of each sale or lease of any such property shall be used first to pay the reasonable and necessary expenses of the sale or lease, and the balance remaining shall be paid to the State Treasurer and held by him in a special account and disbursed on order of the authority for any one or more of the following purposes:
The authority is authorized to pledge and agree to use the said remaining proceeds for payment of the principal of, and interest on, all of the authorized bonds or for other retirement thereof, as may be provided in the proceedings under which such bonds are issued. If the proceeds from the sale or lease of the Kilby property are more than sufficient to pay, redeem or otherwise retire all of the bonds authorized in this chapter which shall be issued, the balance of such proceeds not needed for the retirement of such bonds may, at the election of the authority, be used to finish the construction of any of the facilities remaining uncompleted or to construct additional facilities.
(d) Nothing contained in this section or in any pledge made pursuant to the provisions of this section shall be construed to impose a lien on any part of the Kilby property, and the purchasers and lessees of the Kilby property, or any part thereof, shall not be obligated to assure that the proceeds of any sale or lease of any of the Kilby property are disbursed as are provided in this section.
(Acts 1965, No. 678, p. 1226, §23; Acts 1967, Ex. Sess., No. 103, p. 131.)
Notwithstanding the provisions of this chapter to the contrary, the authority is authorized, in its discretion, to continue to lease to the Environmental Protection Agency of the United States of America approximately 11.8 acres of land, bounded on the north by Federal Drive, on the south and east by Gunter Air Force Base and on the west by Three-Mile Branch, of the Kilby property in the County of Montgomery known as the Eastern Radiological Laboratory and to give to the Environmental Protection Agency of the United States of America the improvements thereon consisting of four frame buildings for the purpose of maintaining and operating an environmental laboratory by said Environmental Protection Agency. Such lease is to be made upon the same terms, conditions and provisions upon which said land is presently leased; however, no such lease shall be for a term longer than the then current fiscal year of the state, but such lease may contain a grant of successive options of renewing said lease on the terms specified therein for any subsequent fiscal year or years. The authority may continue such lease for so long as the said Environmental Protection Agency maintains and operates an environmental laboratory on said land and for so long as such lease does not materially impair the security of any bonds issued by said authority.
(Acts 1971, No. 2055, p. 3306.)
(a)(1)a. Notwithstanding any other provision of law, the contract for the design and construction of the specialized men’s prison facility and the Escambia men’s prison facility authorized in Section 14-2-12(c)(2)a. may be awarded to either of the following:
Any person that was part of a team qualified by the department for any proposed facility pursuant to the Request for Qualifications issued by the Department of Corrections June 27, 2019, provided that the previously qualified person may petition the department to add or substitute members as needed.
In the event the authority determines it is not in the best interest of this state to enter into a contract for the design and construction of one or both of the specialized men’s prison facility and the Escambia men’s prison facility pursuant to subparagraph 1., the authority may enter into contracts with any other public and private parties for the design and construction of the facilities not contracted for pursuant to subparagraph 1., including a design-build contract, in accordance with the following:
(i) The authority shall develop procedures to implement this section, including, but not limited to, proposal content, selection criteria, prequalification, applicant interview, proposal evaluation, proposal negotiation, selection, and award, which will be outlined in each authority request for proposal.
(ii) Notwithstanding any provision of law to the contrary, proposals under this section shall be awarded by the authority based on qualifications of participants and best value as evaluated by procedures of the authority and taking into consideration the best interest of this state.
(iii) Proposals shall use the standard specifications of the department or other specifications the authority and the department determine necessary for the facility.
(iv) The authority may award a contract through any other procurement authority, proposals, or other means of procurement otherwise available for public works projects in this state.
b. Both the specialized men’s prison facility and the Escambia men’s prison facility shall not be awarded to the same person unless it is determined by the authority that to award the contracts to the same person would be in the best interest of this state.
c. Unless the authority finds it is not in the best interest of this state, the contract for the design and construction of the specialized men’s prison facility shall be executed before execution of the contract for the design and construction of the Escambia men’s prison facility.
d. Any contract for the design and construction of the specialized men’s prison facility or for the design and construction of the Escambia men’s prison facility shall establish a guaranteed maximum price for each project.
e. As a condition of entering into a contract for the design and construction of either the specialized men’s prison facility or the Escambia men’s prison facility, any person entering into the contract shall agree to full transparency and shall share all pricing information with the authority. The authority, at its sole discretion, shall have the right to require verification of competitive pricing for any portion of the proposed scope of the design and construction agreements.
(2)a. Notwithstanding any other provision of law, and except as provided in paragraph b., all other construction contemplated by Act 2021-546 shall be subject to the bid requirements for public works in Title 39.
b. When two or more bids are received for contracts referenced in paragraph a., and all bids exceed available funding for the contract as provided in Section 14-2-12, the authority may negotiate for the work with the lowest responsible and responsive bidder provided that the authority certifies a shortage of funding, that time is of the essence, and that the negotiated changes are in the public interest and do not materially alter the scope and nature of the project.
(c) All such contracts shall be lump sum contracts. The entire work on a prison facility may be divided into one or more contracts. All contracts for the entire work on a facility need not be awarded at the same time, so that prior work under another contract can progress to a point where the joint or following work can best be coordinated for the earliest completion of the entire project in a sound and workmanlike manner. Each contract shall be executed by the authority. Payments made by the authority under the construction contracts shall be upon the contractor’s written sworn request only if endorsed as approved by the commission or in any lesser amount the commission shall endorse as having been then earned on the contract. After the contracts for a facility have been awarded, the construction cost estimate shall be revised and all extras on the contracts shall be awarded within the funds available. The authority shall pay to the commission as a part of the cost of constructing the facility such sums for the services of its employees as may be mutually agreed between the department and the commission.
(Acts 1965, No. 678, p. 1226, §21; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §12; Act 2021-546, §2.)
When a facility is constructed with the proceeds from any bonds issued under this chapter, a determination on the provider of telephone service for the facility shall be made by the Joint Legislative Oversight Committee on Corrections.
(Acts 1992, No. 92-587, p. 1209, §6.)
(a) The authority is hereby authorized to enter into a lease or leases of any one or more facilities constructed, acquired, reconstructed, renovated or improved by the authority under the provisions of this chapter to and with the department and any other agency, board, commission, bureau or department of the state which may be charged with the responsibility for the operation of any of the penal or correctional institutions of the state. The department and any such other agency, board, commission, bureau or department of the state and each of them are hereby authorized to lease any such facilities from the authority. No such lease shall, however, be for a term longer than the then current fiscal year of the state, but any such lease may contain a grant to the state or its agency of successive options of renewing said lease on the terms specified therein for any subsequent fiscal year or years of the state; provided, that liability for the payment of rent shall never be for a term longer than one fiscal year.
(b) Rent payment by the state or any of its agencies shall be due in accordance with the provisions of any lease by the authority of any of its facilities and shall, upon being so paid, entitle the state or such agency to quiet possession of the facilities leased for the remainder of such fiscal year. The rent for each fiscal year during which said lease agreement shall be in effect shall be due in accordance with the provisions of any lease by the authority of any of its facilities, and said rent for such fiscal year shall be payable, and any such covenant on the part of the state or any of its agencies shall be performed, solely out of the current revenues of the state for such fiscal year. The rent payable and the covenants to be performed by the state or any of its agencies under the provisions of said lease shall never create a debt of the state within the meaning of the Constitution.
(c) In the event that there shall be any default in the payment of any rent required to be paid or in the performance of any covenant required to be performed by the state or any of its agencies under the provisions of any such lease, while such lease is in effect, the authority and any pledgee of such lease may, by any appropriate proceedings instituted within the time permitted by law, enforce and compel the payment of such rent and the performance of such covenants. No free use shall be made of any facilities of the authority so long as the principal of or interest on any bonds, including refunding bonds, issued by the authority remains unpaid.
(d) In the event that any facility of the authority should become vacant or not be used by the state or one of its agencies, then neither the state nor any agency, board, bureau, commission, public corporation or department of the state shall rent, purchase, acquire, construct or lease any facility for penal or correctional use or renew any lease of any facility for penal or correctional use, nor shall it use any such facility other than those of the authority, so long as any facility of the authority shall remain vacant or unused.
(Acts 1965, No. 678, p. 1226, §24; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §13; Acts 1986, No. 86-281, p. 407, §2.)
If at any time any facility constructed by the authority is, or is about to be, vacant or unused as a result of there being no lease for such facility in effect for the current fiscal year, then, but only in such event, in order to prevent default on its bonds, the authority is hereby authorized to lease such facility to any other agency, department, bureau or commission of the state, any municipal corporation, public corporation, county, or other public body in the state, or any agency of the federal government other than the original lessee of said facility. Any such lease shall not be for the purpose of lending public credit but shall be solely to avoid default on the authority’s bonds and to insure the prompt payment of the principal thereof and interest thereon when due.
(Acts 1965, No. 678, p. 1226, §25; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §14.)
The state, through any of its departments or agencies or a subdivision thereof, shall lease or purchase upon commercially reasonable terms, or a combination thereof, the existing prison facility in Perry County to be utilized by the department or any other state department or agency using funds appropriated for that purpose from the State General Fund.
(Act 2021-546, §4.)
In the resolution or proceedings authorizing the issuance of any bonds, any temporary loans or in any indenture of trust, the authority may provide for the establishment of one or more special funds for the payment of the principal of, or interest on, the bonds, certificates or notes, one or more reserve funds therefor and a fund, or funds, for the payment of insurance premiums or other expenses with respect to the ownership and leasing of the facilities or for the expense of selling and leasing the Kilby property. Any such special funds shall be held as trust funds by the State Treasurer separate and apart from all other moneys. The State Treasurer is authorized and directed to pay, solely from the special fund, or funds, provided therefor, the principal of and interest on all bonds issued under this chapter as such principal and interest respectively mature and come due and the redemption price of any bonds called prior to maturity. He shall establish and maintain appropriate records pertaining to such funds. Such records shall be available at all reasonable times to public inspection.
(Acts 1965, No. 678, p. 1226, §27.)
The properties of the authority and the income therefrom, all lease agreements made by the authority and all bonds issued by the authority, the coupons applicable thereto, the income therefrom and all lien notices with respect thereto shall be forever exempt from any and all taxation in the State of Alabama.
(Acts 1965, No. 678, p. 1226, §16.)
Any action to protect or enforce any rights under the provisions of this chapter shall be brought in the circuit court of Montgomery County, Alabama.
(Acts 1965, No. 678, p. 1226, §28.)
When all bonds and securities issued by the authority and all obligations assumed by it under the provisions of this chapter shall have been paid in full, the then president of the authority shall thereupon execute and deliver in the name of, and in behalf of, the authority an appropriate deed or deeds, to which the seal of the authority shall be affixed and attested by the secretary of the authority, conveying all facilities and other assets then owned by the authority to the state, except that no such conveyance shall be required if the president of the authority determines that the issuance of additional bonds to finance improvements to existing facilities is contemplated. The officers of the authority may, in their discretion, at such time file with the Secretary of State a written statement, subscribed and sworn to by each of them, reciting the payment in full of all bonds theretofore issued by the authority and the execution and delivery of such deed or deeds, which statement shall be filed by the Secretary of State and recorded with the certificate of incorporation of the authority, and thereupon the authority shall stand dissolved.
(Acts 1965, No. 678, p. 1226, §29; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §15; Act 2021-546, §2.)
There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.
(Acts 1965, No. 678, p. 1226, §5.)
All leases of facilities made by the authority shall be exempt from the provisions and requirements of Chapter 16 of Title 41 of this Code.
(Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §16.)
Notwithstanding any other provision of law, including without limitation Article 3, commencing with Section 41-1-40, of Chapter 1 of Title 41, the Alabama Corrections Institution Finance Authority shall not enter into any swap agreement involving the bonds authorized to be issued by Act 2010-729. For purposes of the preceding sentence, swap agreement shall have the same meaning as provided in Section 41-1-41.
(Act 2010-729, p. 1834, §2.)
A person or entity submitting a proposal for any project under this act shall disclose both of the following:
(1) The names of all lobbyists, attorneys, or other professionals or professional firms hired or retained by the person or entity on or after December 6, 2019.
(2) The names of all current or past public officials or family members of public officials as defined in Section 36-25-1, associated in any manner with the person or entity submitting the proposal or associated in any manner with a subcontractor of the person or entity on or after December 6, 2019.
(Act 2021-546, §5.)
Nothing in Act 2021-546 shall be construed to limit the department from continuing to use third party or private facilities for any program or housing of inmates that are not under medium, maximum, or close security supervision.
(Act 2021-546, §6.)
(a) Prior to the closure of any facility as the result of the provisions of this act, there shall be established a commission to study the economic impact of the closure of the facility, any possible repurposing of the facility, and any outstanding obligations of the facility to a local governmental entity or utility board. The commission shall report its findings to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(b) The Alabama Prison Repurposing Commission, created by Executive Order No. 722, September 22, 2020, is deemed to satisfy the requirements of subsection (a) for as long as the commission exists.
(Act 2021-546, §7.)
[Repealed]
Repealed by Act 2015-70. §1(24), effective April 21, 2015.
(Code 1886, §§4557, 4573; Code 1896, §§4432, 4439; Code 1907, §§6480, 6491; Acts 1923, No. 475, p. 629; Code 1923, §§3585, 3591; Code 1940, T. 45, §§11, 14.)
(a) The Board of Corrections may sell any, or all, of the lands now used by the state in working convicts for cash or on credit, as may seem best, and purchase lands superior in quality to be used by the board in working convicts.
(b) So much of the funds earned by the board as may be necessary is appropriated and authorized to be paid for such lands as may be purchased under subsection (a) of this section, and the Comptroller, upon the application of the board, shall draw his warrant for such sum, or sums, as may be necessary for such purchase of such lands and the payment thereof.
(Code 1907, §§6481, 6482; Code 1923, §§3586, 3587; Code 1940, T. 45, §§12, 13.)
The Board of Corrections may cause to be made such improvement on any of the land owned by the state as may tend to the benefit of the prison system and enable it to work such convicts as it may think proper at farming or other employments.
(Code 1896, §4514; Code 1907, §6566; Code 1923, §3662; Code 1940, T. 45, §64.)
Such of the lands owned by the state as are not needed for the use of the prison system may be rented out by the Board of Corrections.
(Code 1896, §4515; Code 1907, §6567; Code 1923, §3663; Code 1940, T. 45, §65.)
Any part of the net income from the labor of state convicts may, with the approval of the Board of Corrections, be applied to permanent improvements or manufacturing at the prisons, looking to the more permanent employment of the convicts of different classes.
(Code 1896, §4516; Code 1907, §6568; Code 1923, §3664; Code 1940, T. 45, §66.)
[Repealed]
Repealed by Act 2015-70, §1(25), effective April 21, 2015.
(Code 1852, §309; Code 1867, §3857; Code 1876, §4555; Code 1886, §4567; Code 1896, §4445; Code 1907, §6497; Code 1923, §3596; Code 1940, T. 45, §16.)
[Repealed]
Repealed by Act 2015-70, §1(25), effective April 21, 2015.
(Code 1886, §4568; Code 1896, §4446; Code 1907, §6498; Code 1923, §3597; Code 1940, T. 45, §17.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §4565; Code 1896, §4443; Code 1907, §6495; Code 1923, §3594; Code 1940, T. 45, §15.)
(a) All employees of the Department of Corrections shall report all violations of the law relating to prisons, correctional facilities, and employees and inmates of the Department of Corrections to the Law Enforcement Services Division of the Department of Corrections. Correctional investigative services officers of the division shall investigate all reported and discovered violations and, where applicable, refer the violations to the proper district attorney. All indictments for violations shall be tried in the circuit court of the county where the offense was committed.
(b) Employees of the Department of Corrections classified as correctional investigative services officers, correctional canine classifications, and their supervisors performing criminal investigative duties are considered law enforcement officers of this state, as defined in Section 36-21-40. Correctional investigative services officers, correctional canine classifications, and their supervisors have full and unlimited police powers and jurisdiction, as any other state police officers in this state, to investigate violations of the law relating to prisons, correctional facilities, and employees and inmates of the Department of Corrections and to enforce the law. Whenever correctional investigative services officers or correctional canine classifications are effecting an arrest, they shall properly display a badge.
(c) All correctional investigative services officers, correctional canine classifications, and their supervisors given police powers by this section shall be required to comply with the minimum standards now in effect relating to state law enforcement officers.
(Code 1886, §4570; Code 1896, §4448; Code 1907, §6500; Code 1923, §3599; Code 1940, T. 45, §18; Acts 1987, No. 87-725, p. 1417; Act 2015-446, p. 1439, §1; Act 2024-402, §1.)
[Repealed]
Repealed by Act 2015-70, §1(26), effective April 21, 2015.
(Code 1886, §4574; Code 1896, §4450; Code 1907, §6502; Code 1923, §3601; Code 1940, T. 45, §20.)
Chaplains shall be appointed by the Board of Corrections, which chaplains shall in turn appoint assistant chaplains with the approval of the board. The chaplains shall devote their entire time to moral improvement and religious instruction of the convicts. The term of office shall be at the will of the board.
(Code 1886, §4577; Code 1896, §4451; Code 1907, §6503; Code 1923, §3602; Code 1940, T. 45, §21.)
Every correctional officer, before performing the duties of his or her office, shall take and subscribe before an officer authorized to administer oaths, the following oath:
“I, _____, do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Alabama, so long as I remain a citizen thereof; that I will faithfully execute and discharge all the duties required of me as _____ (designating the office), and observe all the regulations of the department for the care and rehabilitation of prisoners, so far as concerns my office; and will, in no case, ill treat or abuse any prisoner under my charge or control, nor inflict upon him or her any other or greater punishment than may be prescribed by the law or the regulations of the department. So help me God.”
(Code 1886, §4582; Code 1896, §4456; Code 1907, §6508; Code 1923, §3607; Code 1940, T. 45, §24; Act 2021-480, §3.)
Every officer and guard at any prison has the power of a policeman and may arrest any person who intrudes upon the premises or makes a disturbance near the prison and take him before any magistrate of the county, by whom he may be fined $10 and the costs.
(Code 1896, §4454; Code 1907, §6506; Code 1923, §3605; Code 1940, T. 45, §23.)
Every officer and guard, regularly sworn, shall have power to pursue and arrest any escaped convict in any county of this state without a warrant. He may use such force or means as may be required under the circumstances to prevent the convict’s escape by flight or to overcome his resistance. He shall have the same authority as a sheriff to summon persons to assist in making such arrest or to protect such convict from any violence after arrest.
(Code 1886, §4580; Code 1896, §4453; Code 1907, §6505; Code 1923, §3604; Code 1940, T. 45, §22; Acts 1951, No. 365, p. 660.)
Any person who violates any provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $25 nor more than $500 and may also be imprisoned in the county jail or sentenced to hard labor for a term not exceeding six months, in the discretion of the judge trying the case.
(Acts 1923, No. 85, p. 67; Code 1923, §3584; Code 1940, T. 45, §25.)
(a)(1) When any defendant is sentenced to the custody of the Department of Corrections, the judge of the court in which the sentence is rendered shall order the inmate to be confined in the nearest secure jail. Within five days of the court sentencing a defendant, the court or the court clerk shall enter the sentencing order and the transcript of record into the State Judicial Information System, or its successor system, and E-Transcripts, or its successor system. Except as provided in subdivision (2), upon receipt of the transcript, the Department of Corrections shall accept the transcript, accept the inmate for state confinement, and schedule the transfer of the physical custody of the inmate. The sheriff shall transfer physical custody of the inmate within 30 calendar days following the receipt of the original transcript by the department.
(2) If a transcript contains substantial errors, the Department of Corrections may reject the transcript. If the department rejects the transcript, the department shall immediately notify the court clerk of the rejection, along with any deficiencies in the transcript. No later than five days after the receipt of the validated transcript, the department shall accept the validated transcript, accept the inmate for state confinement, and schedule the transfer of the physical custody of the inmate. The sheriff shall transfer physical custody of the inmate within 35 calendar days following the receipt of the validated transcript.
(b)(1) When the Department of Corrections has received the original transcript of an inmate sentenced to its custody, and the inmate is being housed in a county jail, if the inmate has a health condition or develops a health condition that requires immediate treatment at a health care facility outside the county jail, the department shall be financially responsible for the cost of the treatment of the inmate.
(2) When the Department of Corrections has received the original transcript of an inmate sentenced to its custody, and the inmate is being housed in a county jail, if the inmate has a health condition, develops a health condition, or is diagnosed as having a health condition that, in the opinion of a physician licensed in Alabama, requires treatment, a medical procedure, or both, involving a cost of more than two thousand dollars ($2,000), the department shall transport the inmate within three calendar days of the notification of the condition to a state owned or operated correctional facility or to the physical custody of the department as determined by the Commissioner of the Department of Corrections. The inmate shall receive treatment in the same manner as other state inmates. If the department fails to take custody of the inmate, the county may transport the inmate to receive the recommended treatment, medical procedure, or both. The transportation of the inmate to the treatment or procedure does not relieve the department from the financial responsibilities of the costs of the treatment or procedure.
(3) Nothing in this section may be interpreted to relieve the department of its responsibility for the maintenance and upkeep, including the payment of health care costs, of an inmate sentenced to the custody of the department, nor shall this section be interpreted as conferring any additional responsibility upon a county for the maintenance and upkeep, or the payment of health care costs, of any inmate sentenced to the custody of the department.
(Code 1886, §4609; Code 1896, §4461; Code 1907, §6513; Code 1923, §3609; Code 1940, T. 45, §26; Acts 1995, No. 95-540, p. 1123, §1; Act 2021-249, §2.)
The Board of Corrections must receive into the penitentiary, on the written order of the Governor, any convict whose sentence has been commuted, according to law, to imprisonment in the penitentiary, and must confine such person according to the terms of the commutation and the rules and regulations established by law; and, if the Governor shall so direct, the cost of conviction in such case must be paid as in case of sentence to imprisonment in the penitentiary.
(Code 1852, §326; Code 1867, §3874; Code 1876, §4572; Code 1886, §4622; Code 1896, §4469; Code 1907, §6521; Code 1923, §3617; Code 1940, T. 45, §34.)
The Board of Corrections must receive into the penitentiary all convicts sentenced to imprisonment therein by any court of the United States held in this state, and must safely keep and employ them according to the rules and regulations of the institution until the expiration of the term for which they are sentenced or until they are otherwise discharged by law; and it must account to the Department of Finance for all moneys received for the support of such prisoners.
(Code 1852, §327; Code 1867, §3875; Code 1876, §4573; Code 1886, §4623; Code 1896, §4470; Code 1907, §6522; Code 1923, §3618; Code 1940, T. 45, §35.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §4610; Code 1896, §4462; Code 1907, §6514; Code 1923, §3610; Code 1940, T. 45, §27.)
It is the duty of all jailers, on demand of the officer in charge of any convict being conveyed to the penitentiary, to receive and safely keep such convict for the legal charge of feeding prisoners whenever such officer may deem it necessary to have him secured for the night or for any longer time they may be necessarily detained.
(Code 1852, §321; Code 1867, §3869; Code 1876, §4567; Code 1886, §4612; Code 1896, §4464; Code 1907, §6516; Code 1923, §3612; Code 1940, T. 45, §29.)
It is the duty of the Board of Corrections, upon the reception of any convict into the penitentiary, to take his height, name, age, complexion, color of his hair and eyes, fingerprints, photograph, the place of his birth, the county in which he was convicted, the nature of the crime and the period of imprisonment, all of which, together with the statement of the time when such convict was received, must be entered upon a permanent record. The baggage and person of every convict must be carefully searched, and every instrument by which he may effect his escape shall be taken therefrom.
(Code 1852, §328; Code 1867, §3876; Code 1876, §4574; Code 1886, §4613; Code 1896, §4465; Code 1907, §6517; Code 1923, §3613; Code 1940, T. 45, §30.)
The officer in charge of any prison or camp must take in charge any property, money or other thing of value in the possession of any convict at the time of the delivery of such convict to him and shall pay or deliver the same to such person as the convict may in writing direct, to the convict on his discharge or to his personal representative in case of his death previous thereto, and should no personal representative be appointed within six months after his death, then into the State Treasury.
(Code 1852, §329; Code 1867, §3877; Code 1876, §4575; Code 1886, §4614; Code 1896, §4466; Code 1907, §6518; Code 1923, §3614; Code 1940, T. 45, §31.)
When any judgment of conviction is reversed and the case remanded after the convict has been conveyed to the penitentiary, he may be removed to the county in which he was tried by the sheriff of that county, or his deputy, in the same manner in which he was conveyed to the penitentiary; and all the provisions of this code in respect to authority, duty and compensation of officers and escapes, or attempts to escape, by convicts are applicable to such removal.
(Code 1852, §325; Code 1867, §3873; Code 1876, §4571; Code 1886, §4621; Code 1896, §4468; Code 1907, §6520; Code 1923, §3616; Code 1940, T. 45, §33.)
(a) When a convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be cumulative and shall be served consecutively, the first term thereof beginning to run from the date on which such prisoner is received at the penitentiary, reformatory or jail for service of the sentence or at some place of detention to await transportation to the place where his sentences are to be served and his second and subsequent terms, each, beginning on the expiration of the preceding term. When the judgment sentence contains a fixed order that the term shall run concurrently, such sentences shall run concurrently from the date on which such convict is received for serving of the sentences as prescribed above.
(b) In case the prison record of a convict serving two or more sentences consecutively is good, he shall be discharged at the expiration of the last term of imprisonment to which he was sentenced, less any deduction from the sentences accorded him pursuant to Sections 14-9-1 through 14-9-3.
(c) In case the prison record of a convict serving two or more sentences concurrently is good, he shall be discharged at the expiration of the longest term of imprisonment to which he was sentenced, less any deduction therefrom accorded him pursuant to Sections 14-9-1 through 14-9-3.
(d) In case the record of a prisoner during his term shall not have been good, the director, at his discretion, may revoke any or all of the deductions given under Sections 14-9-1 through 14-9-3, whether such convict is serving his terms of imprisonment concurrently or consecutively.
(Code 1852, §260; Code 1867, §3808; Code 1876, §4508; Code 1886, §4620; Code 1896, §4467; Code 1907, §6519; Code 1923, §3615; Acts 1932, Ex. Sess., No. 130, p. 163; Code 1940, T. 45, §32; Acts 1953, No. 832, p. 1124; Acts 1961, Ex. Sess., No. 82, p. 1998, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1896, §4482; Code 1907, §6536; Code 1923, §3632; Code 1940, T. 45, §43.)
It shall be unlawful to chain together or to confine together in the same room or compartment male and female convicts.
(Code 1886, §4658; Code 1896, §4493; Code 1907, §6547; Code 1923, §3643; Acts 1931, No. 89, p. 166; Code 1940, T. 45, §52.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §§6534, 6535; Code 1923, §§3630, 3631; Code 1940, T. 45, §§41, 42.)
[Repealed]
REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-70 EFFECTIVE APRIL 21, 2015.
(Code 1852, §349; Code 1867, §3897; Code 1876, §4595; Code 1886, §4634; Code 1896, §4473; Code 1907, §6525; Code 1923, §3621; Code 1940, T. 45, §37.)
The Board of Corrections may cause the convicts to be removed to such place of security within the state as they may deem expedient whenever the prevalence of any epidemic, infectious or contagious disease or any other urgent necessity may render such removal proper, taking all necessary precautions to insure the safekeeping of the convicts and to prevent escape when removed.
(Code 1852, §298; Code 1867, §3846; Code 1876, §4547; Code 1886, §4663; Code 1896, §4481; Code 1907, §6533; Code 1923, §3629; Code 1940, T. 45, §40.)
(a) All prisoners must be clothed during the term of their imprisonment in a comfortable manner in coarse and cheap clothing made in a uniform and peculiar style so as to distinguish them from other persons.
(b) The Department of Corrections shall provide feminine hygiene products to female prisoners at the expense of the department, as soon as is practicable, upon request by the female prisoner.
(Code 1852, §333; Code 1867, §3881; Code 1876, §4579; Code 1886, §4615; Code 1896, §4483; Code 1907, §6537; Code 1923, §3633; Code 1940, T. 45, §44; Act 2019-306, §1.)
The diet of convicts in quantity and quality must be such as may be directed by the Board of Corrections, and shall be sound and wholesome.
(Code 1852, §335; Code 1867, §3883; Code 1876, §4581; Code 1886, §4617; Code 1896, §4484; Code 1907, §6538; Code 1923, §3634; Code 1940, T. 45, §45.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §4616; Code 1896, §4485; Code 1907, §6539; Code 1923, §3635; Code 1940, T. 45, §46.)
(a) State inmates shall be employed at such labor, in such places and under such regulations within the state as may be determined by the Department of Corrections. The Department of Corrections is expressly authorized to establish posts, camps or stations in conjunction with labor, discipline or rehabilitation programs. The Department of Corrections is authorized to direct inmates to work at any labor and at any site except as provided otherwise by law. The Department of Corrections is further authorized to direct inmates to participate in programs designed to improve their physical or mental or psychological well-being; or programs designed to instill discipline and a sense of responsibility in state inmates and the Department of Corrections is expressly authorized to establish posts, camps or stations to implement such programs.
(b) The Department of Corrections is expressly authorized to adopt rules and regulations to expend funds, to enter contracts and to do any other activity reasonably necessary to establish, regulate and control the programs as outlined in subsection (a) above.
(c) The Department of Corrections shall establish rules and regulations for the operation of these programs as outlined in subsection (a) above to ensure that all reasonable steps are taken to protect the public; and in no case shall an inmate convicted of capital murder; rape in the first degree; sodomy in the first degree be placed in a program as outlined in subsection (a) above.
(d) Participation in the programs as outlined in subsection (a) above shall not create any legal cause of action or theory of recovery except as expressly provided for by the constitution of the United States or of Alabama; or by the statutes of the United States or of Alabama.
(Code 1896, §4463; Code 1907, §6515; Code 1923, §3611; Code 1940, T. 45, §28; Acts 1987, No. 87-346, p. 510.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §§6541, 6544; Code 1896, §§4619, 4655; Code 1907, §§4487, 4490; Code 1923, §§3637, 3640; Code 1940, T. 45, §50; Acts 1953, No. 834, p. 1125.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §340; Code 1867, §3888; Code 1876, §4586; Code 1886, §4653; Code 1896, §4479; Code 1907, §6531; Code 1923, §3627; Code 1940, T. 45, §39.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §§6541, 6544; Code 1896, §§4619, 4655; Code 1907, §§4487, 4490; Code 1923, §§3637, 3640; Code 1940, T. 45, §50; Acts 1953, No. 834, p. 1125.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §346; Code 1867, §3894; Code 1876, §4592; Code 1886, §4633; Code 1896, §4472; Code 1907, §6524; Code 1923, §3620; Code 1940, T. 45, §36.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §4654; Code 1896, §4489; Code 1907, §6543; Code 1923, §3639; Code 1940, T. 45, §49.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §4656; Code 1896, §4491; Code 1907, §6545; Code 1923, §3641; Code 1940, T. 45, §51.)
The Board of Corrections shall have authority to summon, swear and examine witnesses as to any matter concerning the management and treatment of convicts; and the board may administer the oath of office to guards and employees and may administer oaths as to the correctness of any account or statement in regard to the prison system.
(Code 1886, §4664; Code 1896, §4508; Code 1907, §6562; Code 1923, §3659; Code 1940, T. 45, §63.)
No officer or person holding any appointment, the duties of which are discharged in connection with the prison system, must say anything in relation to the management of any prison in the presence of any convict except to direct him in his duty or to admonish him for delinquency.
(Code 1852, §343; Code 1867, §3891; Code 1876, §4589; Code 1886, §4624; Code 1896, §4494; Code 1907, §6548; Code 1923, §3644; Code 1940, T. 45, §53.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §355; Code 1867, §3903; Code 1876, §4601; Code 1886, §4636; Code 1896, §4519; Code 1907, §6571; Code 1923, §3666; Code 1940, T. 45, §68.)
On the trial of any convict for any offense committed within the penitentiary or other convict prison or convict camp, the fact of confinement in the penitentiary shall be presumptive evidence of a legal conviction and sentence of imprisonment, and a copy of the transcript of the conviction and sentence filed with the Board of Corrections and certified by it to be correct shall be received as evidence of such conviction.
(Code 1852, §361; Code 1867, §3909; Code 1876, §4607; Code 1886, §4638; Code 1896, §4502; Code 1907, §6556; Code 1923, §3653; Code 1940, T. 45, §57.)
(a) This section shall be known as the “Joel Willmore Act.”
(b) Whenever an inmate escapes from a penal facility, as defined in subdivision (3) of subsection (b) of Section 13A-10-30, or when a probationer or parolee who has a prior conviction for a Class A felony or a crime in which the victim was a child less than 12 years of age or is serving a life sentence absconds from a residential facility, it shall be the duty of the department or other agency having custody of the prisoner to take all proper measures for his or her apprehension, and for that purpose, it shall notify the following as soon as possible, but not later than 12 hours after the escape:
(1) The Governor.
(2) The Alabama State Law Enforcement Agency.
(3) The sheriff and district attorney of the county where the escape occurred.
(4) The chief of police where the escape occurred, if the escape occurred within a municipality.
(5) The sheriff and district attorney of the county where the last conviction of the escapee occurred, if known.
(6) The chief of police where the last conviction of the escapee occurred, if the conviction occurred within a municipality and if known.
(7) The sheriff of the county where the convict’s home of record is located, if known.
(8) The chief of police where the convict’s home of record is located, if the location is within a municipality and if known.
(9) All electronic media outlets broadcasting which are known by the department or agency, which have expressed an interest in being notified of the escape, and which broadcast within a radius of 75 miles from where the escape occurred, including all radio and television stations.
(c) The notification required in subsection (b) shall include the time when and the circumstances under which the escape was effected, together with a particular description of the inmate, including a copy of the inmate’s most recent mug shot, and in what county convicted and for what offense and when.
(d) In addition to the requirements set forth in subsections (b) and (c), the department or other agency shall post a notification on its website, if a website is available, within a reasonable time of the escape. The notification shall include the time when and the circumstances under which the escape or absconding was effected, together with a particular description of the inmate, including a copy of the inmate’s most recent mug shot, and in what county convicted and for what offense and when.
(e) The department or other agency shall enter the inmate, probationer, or parolee into the National Crime Information Center within 12 hours of the inmate’s escape.
(f) The Department of Corrections shall offer a reward, not exceeding four hundred dollars ($400), for the apprehension of the state inmate, to be paid out of the proceeds of the labor of inmates in the State Treasury. But no warrant shall be issued for the payment of any such reward unless there is filed in the office of the Department of Finance the certificate of the Department of Corrections that the inmate has been recaptured and restored to custody.
(Code 1852, §359; Code 1867, §3907; Code 1876, §4605; Code 1886, §4637; Code 1896, §4488; Code 1907, §6542; Code 1923, §3638; Code 1940, T. 45, §48; Act 2013-305, p. 1019, §1; Act 2019-485, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §362; Code 1867, §3910; Code 1876, §4608; Code 1886, §4639; Code 1896, §4501; Code 1907, §6555; Code 1923, §3652; Code 1940, T. 45, §56.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §337; Code 1867, §3885; Code 1876, §4583; Code 1886, §4618; Code 1896, §4486; Code 1907, §6540; Code 1923, §3636; Code 1940, T. 45, §47.)
It is the intent of the Legislature to authorize the Department of Corrections to install high voltage electrified security fence systems at any medium or maximum security prison facility.
(Acts 1995, No. 95-520, p. 1055, §1.)
The Department of Corrections may design and install high voltage electrified security fence systems at any medium or maximum security prison. At the time of installation, there shall be posted universal danger signs on all sides of the system, clearly visible to inmates and the public, displaying the warning, “deadly voltage.”
(Acts 1995, No. 95-520, p. 1055, §2.)
The installation of an electrified security fence shall be between double security fences, with the exception of those locations where a building or wall constitutes a part of the security perimeter.
(Acts 1995, No. 95-520, p. 1055, §3.)
A provider of electricity for the electric fence system authorized by this article or the providers of parts for construction of the system shall not be liable for any accident, injury, or death which may occur as a result of the construction or operation of the system.
(Acts 1995, No. 95-520, p. 1055, §4.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1907, No. 85, p. 179; Code 1923, §3675; Code 1940, T. 45, §74.)
Hard labor for the county shall be under the superintendence and control of the county commission, which shall determine in what manner and on what particular works the labor shall be performed, and all convicts sentenced to hard labor for the county shall be under the direction and control of the county commission when worked in the county where convicted, unless otherwise provided by court order. It may hire sufficient guards for the safekeeping and maintenance of the convicts on the public roads of the respective counties.
(Acts 1907, No. 85, p. 179; Acts 1915, No. 580, p. 630; Code 1923, §§1375, 3676; Code 1940, T. 45, §75.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1907, No. 85, p. 179; Code 1923, §3678; Code 1940, T. 45, §77.)
(a) All judicial officers shall, immediately upon the sentence of any person to hard labor for any county, report in writing to the judge of probate of the county for which such sentence is made, the name of such person, the length of his sentence, the date of its commencement and the amount of costs. Any judicial officer presiding over a court that has a clerk may order such report to be made by such clerk.
(b) Any judicial officer or clerk who fails to report in writing to the judge of probate, as required by law, the name of any person sentenced to hard labor for the county, length of such sentence, the date of its commencement and the amount of the costs therein must, on conviction, be fined not less than $25.00.
(Code 1896, §§4543, 5118; Acts 1907, No. 85, p. 179; Code 1907, §§6592, 7462; Code 1923, §§3700, 5054; Code 1940, T. 45, §§79, 80.)
The county commission shall provide a well-bound book to be kept in the office of the judge of probate subject, during office hours, to the inspection of the public, in which he shall enter the name of each convict sentenced to hard labor for the county, the place where the convict is to labor and the length of sentence. He shall also keep a record of the convicts sentenced to the penitentiary showing the name, the offense of which he was convicted and the date and termination of his sentence.
(Acts 1907, No. 85, p. 179; Code 1923, §3679; Code 1940, T. 45, §78.)
Whenever the county commission of a county deems it to the best interest of the county to use the county convicts in building, repairing and working the public roads of the county, it may so work them under rules and regulations to be prescribed by the Board of Corrections, which shall be uniform throughout the state for working county convicts on the public roads.
(Code 1896, §4528; Acts 1907, No. 85, p. 179; Code 1907, §6581; Code 1923, §3684; Code 1940, T. 45, §81.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1876, §4467; Code 1886, §4596; Code 1896, §4530; Acts 1907, No. 85, p. 179; Code 1907, §6582; Code 1923, §3686; Code 1940, T. 45, §82.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1963, No. 537, p. 1155.)
(a) When a convict is sentenced on two or more convictions, unless specifically ordered in the judgment entry that such sentences shall run concurrently, such sentences shall be cumulative and such terms and imprisonments shall be served consecutively, the first term thereof beginning to run from the date such convict is received at the county jail or other place of confinement for the service of his sentences, the second and subsequent terms each beginning on the expiration of the preceding term. When it is specifically ordered in the judgment entry that sentences shall run concurrently, such sentences shall run from the date on which such convict is received at the county jail or other place of confinement for service of the sentence. However no person shall be sentenced to hard labor for the county so that the aggregate of the sentences on two or more convictions shall exceed for the crime two years and for costs 15 months.
(b) In case the prison record of a convict serving two or more sentences consecutively is good, he shall be discharged at the expiration of the last term of imprisonment to which he was sentenced less any deductions accorded him pursuant to Sections 14-9-1 through 14-9-3. In case the record of a prisoner during his term shall not have been good, the Board of Corrections, at its discretion, may revoke any or all of the deductions given under the above mentioned sections, and any amendments thereof, whether such convict is serving his terms of imprisonment concurrently or consecutively.
(Code 1852, §233; Code 1867, §3780; Code 1876, §4482; Code 1886, §4588; Code 1896, §4531; Acts 1907, No. 85, p. 179; Code 1907, §6583; Code 1923, §3687; Code 1940, T. 45, §83; Acts 1961, Ex. Sess., No. 82, p. 1998, §2.)
Whenever any convict is sentenced by the court and required to do hard labor for the county, an additional sentence not to exceed 10 months in any case for the payment of costs of conviction may be imposed, and the court must determine a reasonable time required to work out such costs. The costs of conviction of county convicts shall be the same as provided by law now in force in the respective counties.
(Code 1896, §4532; Acts 1907, No. 85, p. 179; Code 1907, §6584; Code 1923, §3688; Code 1940, T. 45, §84; Acts 1961, No. 1017, p. 1596, §2.)
Should the county commission determine to employ persons sentenced to hard labor for the county, or any part of them, in work on the public roads, public bridges or other public works of the county, it may appoint a Superintendent of Public Works, whose term of office shall expire when his successor is qualified and who shall receive for his services such compensation as shall be fixed by the county commission.
(Code 1852, §224; Code 1867, §3771; Code 1876, §4473; Code 1886, §4601; Code 1896, §4538; Acts 1907, No. 85, p. 179; Code 1907, §6587; Code 1923, §3695; Code 1940, T. 45, §86.)
The Superintendent of Public Works shall also enter into bond payable to the county and approved by the judge of probate, with two good and sufficient sureties, in the penalty of $1,000, conditioned that he will faithfully perform the duties of his office, obey the orders of the county commission and will not voluntarily permit the escape of any of the convicts committed to him.
The bond of the superintendent may be put in an action and prosecuted in all respects as is provided for actions on bonds of other public officers.
(Code 1852, §§227, 228; Code 1867, §§3774, 3775; Code 1876, §§4476, 4477; Code 1886, §§4604, 4605; Code 1896, §§4540, 4541; Acts 1907, No. 85, p. 179; Code 1907, §§6589, 6590; Code 1923, §§3697, 3698; Code 1940, T. 45, §§88, 89.)
The duties of the Superintendent of Public Works are:
(1) Faithfully to obey and carry out the orders and directions of the county commission;
(2) To see that the convicts committed to him labor faithfully;
(3) Not to overwork or maltreat the convicts;
(4) To see that the food and clothing delivered to him for the convicts are given to them at the proper time;
(5) To see that they are properly housed in inclement weather;
(6) To have proper medicine and medical attention bestowed on them when necessary; and
(7) Not voluntarily or negligently to permit them to escape.
(Code 1852, §229; Code 1867, §3776; Code 1876, §4478; Code 1886, §4606; Code 1896, §4542; Acts 1907, No. 85, p. 179; Code 1907, §;6591; Code 1923, §3699; Code 1940, T. 45, §90.)
The Superintendent of Public Works and each person employed as a guard over convicts sentenced to hard labor for the county, before he enters upon the discharge of his duties, shall take and subscribe the following oath before some officer authorized to administer the same: “I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Alabama, so long as I remain a citizen of said state, and that I will faithfully execute and discharge all duties required of me (as superintendent or guard of convicts, as the case may be) and that I will observe all rules and regulations prescribed for the government of convicts, so far as I am thereby directed, and will in no case ill treat or abuse any convict under my charge or control or inflict any other or greater punishment than may be prescribed by said rules and regulations.” Such oath shall be filed by the party taking the same in the office of the judge of probate of the county in which the convict is sentenced to hard labor.
(Code 1852, §226; Code 1867, §3773; Code 1876, §4475; Code 1886, §4603; Code 1896, §4539; Acts 1907, No. 85, p. 179; Code 1907, §6588; Code 1923, §3696; Code 1940, T. 45, §87.)
“Hard labor for the county,” as used in this code or any other law of the state, shall include labor on the public roads, public bridges and other public works in the county.
(Acts 1927, No. 72, p. 52; Code 1940, T. 45, §95.)
It shall be unlawful to hire or lease for any purpose any convict, state or county, except as otherwise provided in this article.
(Acts 1927, No. 70, p. 51; Code 1940, T. 45, §92.)
It shall be unlawful to work any convict, state or county, in any coal mine of Alabama.
(Acts 1927, No. 70, p. 51; Code 1940, T. 45, §91.)
Any person, firm or corporation violating any of the provisions of Sections 14-5-2 and 14-5-3 shall be, for each violation, guilty of a felony and be punished by imprisonment in the penitentiary for not less than one nor more than 10 years.
(Acts 1927, No. 70, p. 51; Code 1940, T. 45, §93.)
Nothing in this article shall prevent any county of this state from working its county convicts according to the law as it now exists or may hereafter be enacted, but no county convict shall be worked in any coal mine or worked under lease to any person, firm or corporation; provided, however, that any county or counties shall have the authority to work such convicts retained by it in and around the courthouse, in and around the jail or any other public building or works of the county.
(Acts 1927, No. 72, p. 52; Code 1940, T. 45, §100; Acts 1955, No. 307, p. 705.)
County commissions in all counties of this state may use county convict labor for use in the construction or maintenance of any drains or outlets for drains, for reopening of any filled or partly filled drains or for the construction or maintenance of any levees in connection with drains necessary, desirable or convenient for the full development, preservation and maintenance or use of any drains or drainage district established or now constructed or that may be hereafter established or constructed under the provisions of general laws relating to drainage districts.
(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §101.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §102.)
The use of county convict labor under the provisions of Sections 14-5-6, 14-5-7 and 14-11-2 shall be such uses as may be agreed to by the county commissions in counties that may use convict labor; provided, that such convict labor shall not be used for such purposes unless, after entering an agreement for such use of convict labor on the minutes of the county commission, the agreement with the proposed plan for its operation shall be submitted to the State Health Officer for review as to whether the same may conflict with the public health statutes or rules or regulations of the State Board of Health, and for his opinion on what may be accomplished that will or may contribute to the public health or sanitation. The conclusion as to such finding shall be signed by the said State Health Officer and be filed with the county commission of such county.
(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §104.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1932, Ex. Sess., No. 168, p. 196; Code 1940, T. 45, §105.)
The Board of Corrections is hereby authorized to hire or lease convicts to any department, agency, board, bureau or commission of the state on such terms, conditions and at such prices as may be mutually agreed upon. Any department, agency, board, bureau or commission of the state is hereby authorized to contract with the board for the lease or hire of convicts upon such terms, conditions and at such price as may be mutually agreed upon. Any department, agency, board, bureau or commission of the state contracting with the board for the hire or lease of convicts is hereby authorized to expend any available funds necessary for carrying out the provisions of such contract.
(Acts 1943, No. 504, p. 479.)
(a) No state or county inmate shall be employed by or do any work for:
(1) Any district attorney, any judge, or any sheriff; or
(2) Any parent, sibling, or child of any district attorney, any judge, or any sheriff; or
(3) Any business one-third or more of which is owned by any district attorney, any judge, or any sheriff, or any parent, sibling, or child of any district attorney, any judge, or any sheriff.
(b) Nothing in this section shall be construed to prevent any state or county inmate from being employed by or doing work for the state or any political subdivision of the state or for any governmental agency or entity.
(c) Any person who violates this section shall be guilty of a Class A misdemeanor and shall be punished as provided by law.
(Acts 1988, 1st Ex. Sess., No. 88-907, p. 481, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §2.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §3.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §4.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §5.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §6.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §7.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1995, No. 95-518, p. 1051, §8.)
The sheriff has the legal custody and charge of the jail in his or her county and all prisoners committed thereto, except in cases otherwise provided by law. The sheriff may employ persons to carry out his or her duty to operate the jail and supervise the inmates housed therein for whose acts he or she is civilly responsible. Persons so employed by the sheriff shall be acting for and under the direction and supervision of the sheriff and shall be entitled to the same immunities and legal protections granted to the sheriff under the general laws and the Constitution of Alabama of 2022, as long as such conduct is deemed conduct performed within a law enforcement officer’s discretionary authority as defined in Section 6-5-338.1.
(Code 1852, §236; Code 1867, §3784; Code 1876, §4486; Code 1886, §4535; Code 1896, §4946; Code 1907, §7191; Code 1923, §4801; Code 1940, T. 45, §115; Act 2011-685, p. 2067, §1; Act 2025-423, §2.)
On the death, resignation, removal from office or expiration of term of office of any sheriff, or of any coroner acting as sheriff, the jail must be delivered over to his successor or to the person authorized by law to take charge of it, together with the prisoners therein, the files of commitments and discharges and everything belonging or appertaining to the jail.
(Code 1852, §239; Code 1867, §3787; Code 1876, §4489; Code 1886, §4539; Code 1896, §4950; Code 1907, §7195; Code 1923, §4805; Code 1940, T. 45, §120.)
In addition to convicts sentenced to imprisonment in the county jail, the jail is used as a prison for the safekeeping or confinement of the following persons:
(1) Persons committed for trial for public offenses;
(2) Convicts sentenced to imprisonment in the penitentiary, until their removal thereto;
(3) Persons committed for contempt or on civil process;
(4) Persons committed on failure to give security for their appearance as witnesses in any criminal case;
(5) Persons charged with, or convicted of, a criminal offense against the United States;
(6) Insane persons, pending transfer to a mental hospital or other disposition; and
(7) All other persons committed thereto by authority of law.
(Code 1852, §237; Code 1867, §3785; Code 1876, §4487; Code 1886, §4536; Code 1896, §4947; Code 1907, §7192; Code 1923, §4802; Code 1940, T. 45, §117.)
The sheriff or jailer must, if the jail of the county is sufficient, receive into his custody any person committed under any criminal charge or offense against the United States and safely keep such prisoner, according to the order or process of commitment, until duly discharged by law; and he is liable to the same penalties for the escape of such prisoner as for the escape of a prisoner committed under the authority of this state.
(Code 1852, §256; Code 1867, §3804; Code 1876, §4504; Code 1886, §4553; Code 1896, §4964; Code 1907, §7209; Code 1923, §4819; Code 1940, T. 45, §136.)
Any jailer or other officer who willfully refuses to receive into his custody any person lawfully committed thereto on any criminal charge or conviction must, on conviction, be fined not more than $500.
(Code 1852, §31; Code 1867, §3572; Code 1876, §4129; Code 1886, §3973; Code 1896, §5112; Code 1907, §7472; Code 1923, §5064; Code 1940, T. 45, §116.)
In all criminal cases, either before or after conviction, and in cases of contempt, if it is shown to the court, judge or committing magistrate that the jail of the proper county is insecure or insufficient for the safekeeping of the prisoner or that there is no jail in the county, the commitment must be to the nearest sufficient jail and the reason of such change must be entered on the minutes of the court, or stated in the warrant or endorsed thereon and signed by the magistrate. The jailer of the county to which the commitment is made must receive and confine the prisoner on such commitment or a certified copy of such order.
(Code 1852, §252; Code 1867, §3800; Code 1876, §4500; Code 1886, §4548; Code 1896, §4959; Code 1907, §7204; Code 1923, §4814; Code 1940, T. 45, §132.)
If the jail of any county is destroyed, or becomes insufficient or unsafe, or any epidemic dangerous to life is prevalent in the vicinity or there be danger of rescue or lawless violence to any prisoner, any circuit court judge may, on the application of the sheriff and proof of the fact, direct the removal of any prisoner or prisoners to the nearest sufficient jail in any other county; and it is the duty of such judge, in such case, to make an endorsement on the order or process of commitment, stating the reason why such removal is ordered, and to date and sign such endorsement.
(Code 1852, §253; Code 1867, §3801; Code 1876, §4501; Code 1886, §4550; Code 1896, §4961; Code 1907, §7206; Code 1923, §4816; Code 1940, T. 45, §133.)
When the county jail or any building contiguous thereto is on fire and there is reason to apprehend that the prisoners may be thereby injured or endangered, the sheriff or jailer may remove them to a safe and convenient place and confine them there so long as may be necessary to avoid the danger.
(Code 1852, §248; Code 1867, §3796; Code 1876, §4496; Code 1886, §4544; Code 1896, §4955; Code 1907, §7200; Code 1923, §4810; Code 1940, T. 45, §128.)
When the life or health of any prisoner, who is not confined under process from any court of the United States, may be seriously endangered by longer confinement in jail and that fact is made to appear clearly to any circuit court judge, such judge must, by an order in writing, direct the sheriff or jailer to remove him to some suitable place or hospital, as near as may be to the jail, and there safely keep him until his health is sufficiently restored to authorize his recommitment to jail.
(Code 1852, §249; Code 1867, §3797; Code 1876, §4497; Code 1886, §4545; Code 1896, §4956; Code 1907, §7201; Code 1923, §4811; Code 1940, T. 45, §129.)
(a) When it becomes necessary to remove any prisoner from the jail of one county to another, in any case by law provided, the sheriff, or other officer having charge of such prisoner, has authority, and it is his duty, to summon such guards as may be necessary to prevent an escape.
(b) When prisoners are removed from the jail under the provisions of either Section 14-6-8 or 14-6-9, the sheriff or jailer has authority, and it is his duty, to summon such guards as may be necessary to insure their safekeeping.
(Code 1852, §§250, 254; Code 1867, §§3798, 3802; Code 1876, §§4498, 4502; Code 1886, §§4546, 4551; Code 1896, §§4957, 4962; Code 1907, §§7202, 7207; Code 1923, §§4812, 4817; Code 1940, T. 45, §§130, 134.)
When the county jail is insecure or insufficient and there is reason to apprehend an escape, the sheriff has authority, and it is his duty, to summon as many guards as may be necessary to prevent an escape.
(Code 1852, §251; Code 1867, §3799; Code 1876, §4499; Code 1886, §4547; Code 1896, §4958; Code 1907, §7203; Code 1923, §4813; Code 1940, T. 45, §131.)
When a convict is sentenced to confinement in the county jail on two or more convictions, the imprisonment on the second, and on each subsequent conviction, must commence at the termination of the imprisonment on the preceding sentence.
(Code 1852, §247; Code 1867, §3795; Code 1876, §4495; Code 1886, §4537; Code 1896, §4948; Code 1907, §7193; Code 1923, §4803; Code 1940, T. 45, §118.)
Men and women prisoners, except husband and wife, must not be kept in the same room or apartment.
(Acts 1911, No. 303, p. 356; Code 1923, §4856; Code 1940, T. 45, §122.)
It is the duty of the sheriff, on the first day of each session of the circuit court of his county, to make out and deliver to the presiding judge a certified list of the names of all the prisoners confined in the jail and of the offenses with which they are charged or of which they have been convicted; and, on failure to do so, the sheriff is guilty of a misdemeanor.
(Code 1852, §255; Code 1867, §3803; Code 1876, §4503; Code 1886, §4552; Code 1896, §4963; Code 1907, §7208; Code 1923, §4818; Code 1940, T. 45, §135.)
When a prisoner is committed to the county jail, it is the duty of the sheriff of such county, in person or by deputy, to report in writing to the clerk of the circuit court of such county, within 10 days next succeeding the commitment, the name of such prisoner, the day of his entering such jail and by what authority and upon what charge committed; and when a prisoner is discharged from, or otherwise leaves such jail, the sheriff shall report to such clerk, within two days next succeeding, the name of such prisoner and by what authority and when he so left or was discharged.
(Code 1886, §4555; Code 1896, §4966; Code 1907, §7211; Code 1923, §4821; Code 1940, T. 45, §138.)
It is the duty of the sheriff or of the jailer under his direction to file in regular order and safely preserve the process or order by which any prisoner is committed to jail or discharged therefrom or an attested copy of such process or order.
(Code 1852, §238; Code 1867, §3786; Code 1876, §4488; Code 1886, §4538; Code 1896, §4949; Code 1907, §7194; Code 1923, §4804; Code 1940, T. 45, §119.)
Any person committed to jail may furnish his own support, under such precautions as may be adopted by the jailer to prevent escapes. The sheriff must furnish support to those prisoners who do not provide it for themselves.
(Code 1852, §242; Code 1867, §3790; Code 1876, §4492; Code 1886, §4541; Code 1896, §4952; Code 1907, §7197; Code 1923, §4807; Code 1940, T. 45, §124.)
No person confined in jail must, on any pretext whatever, be furnished with or allowed to receive any spirituous, malt or vinous liquors except on the written order of a physician, stating that such liquor is necessary for his health. Any jailer, sheriff, deputy or other person who violates this section shall be guilty of a misdemeanor.
(Code 1852, §244; Code 1867, §3792; Code 1876, §4494; Code 1886, §4543; Code 1896, §4954; Code 1907, §7199; Code 1923, §4809; Code 1940, T. 45, §126.)
The sheriff of a county shall provide to prisoners at the expense of the county, all of the following:
(1) Necessary clothing and bedding.
(2) Necessary medicine and medical attention to those prisoners who are sick or injured, when they are unable to provide them for themselves.
(3) Feminine hygiene products to female prisoners, as soon as is practicable, upon request by the female prisoner.
(Code 1852, §243; Code 1867, §3791; Code 1876, §4493; Code 1886, §4542; Code 1896, §4953; Code 1907, §7198; Code 1923, §4808; Code 1940, T. 45, §125; Act 2019-306, §1.)
(a) For purposes of this section, the following terms have the following meanings:
(1) CUSTODIAN. A warden, sheriff, jailer, deputy sheriff, police officer, or any other law enforcement officer.
(2) HEALTH CARE PROFESSIONAL. A physician as defined in Section 34-24-50.1, a licensed practical nurse or a licensed professional nurse as defined in Section 34-21-1, an advanced practice nurse as defined in Section 34-21-81, or an assistant to physicians as defined in Section 34-24-290.
(3) IMMEDIATE POSTPARTUM PERIOD. The six-week period following childbirth unless extended by a health care professional due to complications.
(4) OFFICER IN CHARGE. The individual who is responsible for the supervision of a penal institution.
(5) PENAL INSTITUTION. Any place of confinement for juvenile or adult individuals accused of, convicted of, or adjudicated for violating a law of this state or an ordinance of a political subdivision of this state.
(6) PREGNANT WOMAN. A juvenile or adult female who is in the second or third trimester of pregnancy whose pregnancy has been verified by a pregnancy test as required by this section.
(b) During the initial intake medical screening, a female inmate shall inform the person conducting the screening if she is pregnant or suspects that she may be pregnant.
(c) If the female inmate informs the person conducting the screening that she suspects she may be pregnant, the female inmate shall be assessed for pregnancy by a urine pregnancy test within 72 hours of the initial medical intake screening, unless the female inmate refuses testing.
(d) A pregnant woman shall not be required to squat and cough during a strip search performed by a custodian, unless the custodian has reason to suspect that the pregnant woman is hiding contraband. In the alternative, a pregnant woman may be required to squat and cough during a strip search if the strip search is performed by a health care professional.
(e) A pregnant woman shall not be required to undergo any vaginal examination unless performed by a health care professional.
(f) Except as otherwise provided in this section, a custodian shall not use any leg or waist restraint in any of the following situations:
(1) On any pregnant woman.
(2) During labor or delivery.
(3) During the immediate postpartum period.
(g) A woman who is pregnant or in the immediate postpartum period may only be restrained using leg or wrist handcuffs with her wrists held in front of her body, and only if the custodian makes a determination that one of the following is true:
(1) The woman poses an immediate flight risk and cannot be reasonably contained by other means.
(2) The woman poses an immediate risk of harm to the unborn child, herself, staff, or others and cannot be reasonably contained by other means.
(h) If a custodian uses leg or wrist handcuffs on a woman who is in the immediate postpartum period under an exception provided in subsection (g), the circumstances for and details of the exception shall be documented within two days of the incident. The information shall include the nature of the circumstances and the length of time of the use of restraints. The documentation shall be reviewed by the officer in charge and retained by the penal institution for reporting purposes.
(i) Nothing in this section shall prohibit the use of medical restraints by a licensed health care professional to ensure the medical safety of a pregnant woman.
(j) Nothing in this section shall prohibit the placement of a woman in a cell or hospital room by herself to ensure the medical safety of the unborn child, a pregnant woman, or a woman in the immediate postpartum period.
(k) If a custodian places a woman in a cell or hospital room by herself under the exception provided in subsection (j), the circumstances for and details of the exception shall be documented within two days of the incident. The information shall include the nature of the circumstances and the length of time of the solitary confinement. The documentation shall be reviewed by the officer in charge and retained by the penal system for reporting purposes.
(l) A pregnant woman who is temporarily held in a county jail pending transfer to a state penal institution shall be transferred as expeditiously as possible.
(m) The Department of Corrections and a sheriff overseeing a county jail in which a pregnant woman is incarcerated shall make all reasonable efforts to facilitate her transfer. This subsection does not apply to a pregnant woman who has been sentenced to a county jail.
(Act 2022-440, §§1, 2.)
(a) The county commission in each county in this state may elect a physician, or as many physicians as in its discretion may be necessary, to attend the inmates of the jails in such counties and county convict camps.
(b) The county commission shall fix and determine the term or terms of such physician or physicians, which term or terms of office shall not be for a longer period than two years, and such physicians may be removed at the will of the county commission. The county commission shall fix and determine the amount of compensation which shall be paid to such physician or physicians and shall determine what duties such physician shall perform.
(Acts 1915, No. 678, p. 737; Code 1923, §§4823, 4824; Code 1940, T. 45, §§140, 141.)
Whoever, being a sheriff, jailer or other person having the care and custody of any jail, workhouse, prison or other lawful place of confinement, suffers the same to become foul or unclean shall, on conviction, be fined not less than $10 nor more than $100.
(Code 1923, §4822; Code 1940, T. 45, §139.)
(a)(1) A court shall require a convicted defendant in a misdemeanor case to pay housing, maintenance and medical costs associated with the defendant’s incarceration in a county or city jail except as otherwise provided herein. Such costs shall not exceed $20 per day that the defendant has been incarcerated plus actual medical expenses incurred on behalf of the defendant. Such costs shall be taxed as costs of court and shall be in addition to any and all other costs of court.
(2) At the time of sentencing such defendant may petition the court for remission of the payment of these costs or of any portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in such costs.
(3) In determining the amount and method of payment of these costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the costs will impose. A defendant who has been ordered to pay the housing, maintenance and medical costs and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for remission of the payment of these costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in such costs or modify the method of payment.
(b)(1) When a defendant is ordered to pay housing, maintenance and medical costs, the court may grant permission for payment to be made in a specified period of time or in specified installments. If permission is not included in the order these costs shall be payable forthwith.
(2) When a defendant ordered to pay housing, maintenance and medical costs is also placed on probation or imposition or execution of sentence is suspended the court may make payment of the costs a condition of probation or suspension of sentence.
(c) A default in the payment of the housing, maintenance and medical costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment.
(d) Moneys collected for the housing, maintenance and medical costs of a convicted defendant in a misdemeanor case shall be collected by the clerk of the sentencing court and shall be payable to the county or city in whose jail the defendant was incarcerated.
(Acts 1983, 3rd Ex. Sess., No. 83-837, p. 61.)
The sheriff of the county, except as otherwise provided by existing laws, in his or her official capacity, in person or by his or her deputy or jailer, shall be responsible for the feeding of prisoners in the jail under his or her jurisdiction in accordance with the terms of this article. The food and services in preparing food, serving food, and other services incident to the feeding of prisoners shall be paid for from funds as provided in Section 14-6-42. In no event shall the sheriff be personally responsible for the cost of feeding prisoners or any shortage in the funds provided for that purpose.
(Acts 1923, No. 528, p. 704; Code 1923, §4826; Code 1940, T. 45, §143; Act 2019-133, §1.)
(a) It shall be the duty of the Board of Corrections to supervise, either in person or by deputy, the feeding of all prisoners in the jails of this state. The sheriffs shall not be required to prepare and make out what is commonly known as the daily ration sheet or expense account, which means a daily record of foods served to prisoners.
(b) The county commission of each county shall supervise the feeding of all prisoners in the county jails over which it has jurisdiction.
(Acts 1923, No. 528, p. 704; Code 1923, §§4825, 4833; Acts 1927, No. 595, p. 693; Code 1940, T. 45, §§142, 152.)
(a) Food and the services for preparing food, serving food, and other services incident to the feeding of prisoners in the county jail shall be paid for by the state as follows:
(1) Two dollars twenty-five cents ($2.25) per day for each prisoner.
(2) Beginning October 1, 2024, two dollars fifty cents ($2.50) per day for each prisoner.
(3) Beginning October 1, 2025, two dollars seventy-five cents ($2.75) per day for each prisoner.
(4) Beginning October 1, 2026, three dollars ($3) per day for each prisoner.
(b)(1) Payments made by the state pursuant to this section to the office of the sheriff shall be deposited in a separate account designated the Prisoner Feeding Fund established in Section 14-6-47.
(2) The sheriff shall maintain records of all payments received and all expenditures made from the Prisoner Feeding Fund, which shall be subject to regular audit by the Department of Examiners of Public Accounts.
(3) Expenditures for the feeding of prisoners shall be exempt from the competitive bid law.
(c) The sheriff or county commission may use funds from any available source, including, but not limited to, other monies received by the sheriff or county commission for the feeding of federal or municipal prisoners, to accomplish the purposes of this chapter.
(Acts 1923, No. 528, p. 704; Code 1923, §4827; Acts 1927, No. 595, p. 693; Code 1940, T. 45, §144; Acts 1945, No. 309, p. 502; Acts 1957, No. 362, p. 477, §2; Acts 1967, No. 246, p. 626; Acts 1973, No. 1002, p. 1538; Acts 1977, No. 532, p. 704; Acts 1980, No. 80-624, p. 1070, §1; Act 2019-133, §1; Act 2024-251, §1.)
[Repealed]
REPEALED BY ACT 2019-133, § 2, EFFECTIVE AUGUST 1, 2019.
(Acts 1923, No. 528, p. 704; Code 1923, §4828; Acts 1935, No. 203, p. 595; Code 1940, T. 45, §145.)
(a) The Prisoner Feeding Fund is established in the office of each sheriff. Except as provided in subsection (b), all state monies received in the sheriff’s office for food and services in preparing food, serving food, and other services incident to the feeding of prisoners in the county jail shall be deposited in the Prisoner Feeding Fund and shall be kept separate from all other monies. Monies deposited in the Prisoner Feeding Fund shall only be used for feeding prisoners except as provided in this section. At the conclusion of each fiscal year, the sheriff may expend not more than 25 percent of the unencumbered balance in the fund on jail operation or for law enforcement purposes related to the operation of the office of the sheriff, and the remainder shall be retained in the fund for feeding expenses in the next fiscal year, or at the option of the sheriff, the entire unencumbered balance may be retained in the fund for feeding expenses in the next fiscal year. In no event shall any monies paid into the fund be expended except as authorized in this chapter.
(b)(1) Nothing in this chapter shall prohibit the sheriff and the county commission from entering into mutual agreements to carry out the requirements of this chapter. Any mutual agreements shall not supersede Section 14-6-40 or exempt any funds or expenditures from audit as required by this chapter nor authorize any of the funds deposited into a prisoner feeding fund or other account for feeding prisoners to be converted into personal income for any public official or employee.
(2) Nothing in this chapter shall require a change in procedures in those counties where funds for the feeding of prisoners are paid into the general fund of the county pursuant to resolution authorized under Section 36-22-17, as it existed prior to August 1, 2019.
(c) All records related to payments received and expenditures made for food preparation and the feeding of prisoners in the county jail shall be kept by the sheriff’s office on forms prescribed by the Department of Examiners of Public Accounts and shall be subject to regular audit.
(d) All funds held by the sheriff on August 1, 2019, that were reimbursed by the State of Alabama or any other governmental entity for the feeding of prisoners in a county jail shall be deposited into the Prisoner Feeding Fund. No funds deposited into the Prisoner Feeding Fund or any other monies received by the sheriff for feeding of federal or municipal prisoners shall be converted into personal income for any public official or employee under any circumstances.
(Acts 1923, No. 528, p. 704; Code 1923, §4832; Acts 1927, No. 596, p. 693; Code 1940, T. 45, §150; Act 2019-133, §1; Act 2024-251; §1.)
The sheriff shall be the custodian of all funds paid into the Prisoner Feeding Fund pursuant to Section 14-6-47, which funds shall be public funds of the office of the sheriff. Any unexpended monies in the Prisoner Feeding Fund on the effective date of any new term of office shall remain in the fund to be expended by the office of the sheriff as provided in this chapter. Any sheriff who fails to maintain records for feeding prisoners as required in this chapter or to submit the same before the grand jury at each term of the circuit court held in his or her county or, upon the expiration of his or her term of office, to turn the same over to his or her successor as required by law is guilty of a misdemeanor.
(Code 1886, §3928; Code 1896, §5113; Code 1907, §7473; Code 1923, §5065; Code 1940, T. 45, §151; Act 2019-133, §1.)
Any member of a county commission, sheriff or deputy who violates any of the provisions of this article for which no specific penalty is provided shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $25 nor more than $100.
(Acts 1923, No. 528, p. 704; Code 1923, §4836; Code 1940, T. 45, §155.)
(a) The Emergency Prisoner Feeding Fund is established and seven hundred fifty thousand dollars ($750,000) is automatically appropriated into the fund each state fiscal year beginning with the fiscal year ending September 30, 2025.
(b) The state Comptroller shall transfer monies from the General Fund to the emergency fund at the beginning of each state fiscal year or as soon as possible thereafter.
(c) The emergency fund shall not exceed a total accumulated amount of one million dollars ($1,000,000).
(d) The funds may be expended from time to time upon joint application by a county commission and the sheriff of a county in the case of an unforeseeable emergency cost overrun in the Prisoner Feeding Fund in the county treasury.
(e) This application shall be submitted to the Department of Finance and shall be supported by sworn statements by the chair of the county commission and the sheriff stating the reason for the need for emergency funding and the reason for the unforeseeable cost overrun.
(f) The department may demand any pertinent financial records prior to disbursing any emergency funding.
(g) The department shall determine when an application qualifies for disbursement of funds, but shall not consider the transfer of funds from another local source to continue feeding prisoners as grounds to deny the application.
(h) A county commission may not receive from this emergency fund per year more than 80 percent of the actual cost overrun, as substantiated by financial records, up to a maximum of fifty thousand dollars ($50,000) per year.
(Act 2019-133, §3; Act 2024-251, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1915, No. 387, p. 354; Code 1923, §4838; Code 1940, T. 45, §156.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1915, No. 387, p. 354; Code 1923, §4840; Code 1940, T. 45, §158.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1915, No. 387, p. 354; Code 1923, §4839; Code 1940, T. 45, §157.)
The only town or city prisons embraced within the provisions of this article are such as are in towns or cities of 10,000 or more population, according to the most recent federal census.
(Acts 1911, No. 303, p. 356; Code 1923, §4853; Code 1940, T. 45, §159.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7215; Acts 1911, No. 303, p. 356; Code 1923, §4852; Acts 1939, No. 91, p. 118; Code 1940, T. 45, §160.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4854; Code 1940, T. 45, §161.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4855; Code 1940, T. 45, §162.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7216; Acts 1911, No. 303, p. 356; Code 1923, §4857; Code 1940, T. 45, §163.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7217; Acts 1911, No. 303, p. 356; Code 1923, §4858; Code 1940, T. 45, §164.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4859; Acts 1927, No. 595, p. 693; Code 1940, T. 45, §165.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4860; Code 1940, T. 45, §166.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7219; Acts 1911, No. 303, p. 356; Code 1923, §4861; Code 1940, T. 45, §167.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4862; Code 1940, T. 45, §168.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7220; Acts 1911, No. 303, p. 356; Code 1923, §4863; Code 1940, T. 45, §169.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §7221; Acts 1911, No. 303, p. 356; Code 1923, §4864; Code 1940, T. 45, §170.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4865; Code 1940, T. 45, §171.)
The county commission or city council shall provide adequate janitor service for and shall enforce cleanliness in their respective jails, shall provide bathing facilities separate for males and females, soap and towels, hot and cold water, clean and sufficient bedding and clean clothes when the prisoners are not able to provide them.
(Acts 1911, No. 303, p. 356; Code 1923, §4866; Code 1940, T. 45, §172.)
The sheriff, chief of police, town marshal or other keepers of jails or prisons shall enforce cleanliness among the prisoners, and shall compel them to bathe their persons when entering jail and at least once each week while confined therein.
(Acts 1911, No. 303, p. 356; Code 1923, §4867; Code 1940, T. 45, §173.)
The sheriff, chief of police, town marshal or other keepers of jails or prisons or the keeper or manager of the almshouse shall keep their respective jails, prisons and almshouses in a clean and sanitary condition, shall use every means and effort to prevent spitting on the floors and the walls of the jails, prisons and almshouses and shall exercise every precaution to prevent the spread of disease among the inmates.
(Acts 1911, No. 303, p. 356; Code 1923, §4868; Code 1940, T. 45, §174.)
Any apartment of any jail, prison or almshouse in which any person affected with any infectious, contagious or communicable disease shall have been confined shall be fumigated immediately upon the removal of such person, the fumigation to be done under the direction of the sheriff, chief of police or town marshal or the keeper or manager of the almshouse, in their respective places, and the expense thereof to be paid out of the funds of the county if the institution be a county institution and of the town or city if the institution be a town or city institution.
(Acts 1911, No. 303, p. 356; Code 1923, §4869; Code 1940, T. 45, §175.)
The sheriff, the chief of police or town marshal or the keeper or manager of the almshouse shall see that the food for the inmates of the jail, prison and almshouse, respectively, is nutritious, clean, wholesome and of sufficient quantity and variety and shall have all kitchens where food is prepared for the inmates adequately screened against flies.
(Acts 1911, No. 303, p. 356; Code 1923, §4870; Code 1940, T. 45, §176.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4871; Code 1940, T. 45, §177.)
In the event the Board of Corrections needs the service of a coroner and there is not a coroner in the county, the judge of probate shall appoint a special coroner at the request of the board.
(Acts 1911, No. 303, p. 356; Code 1923, §4872; Code 1940, T. 45, §178.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4873; Code 1940, T. 45, §179.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4874; Code 1940, T. 45, §180.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4875; Code 1940, T. 45, §181.)
Each county jail or town or city prison must be of sufficient size and strength to contain and keep securely the prisoners confined therein and must contain separate apartments for men and for women. It shall be fireproof, properly ventilated, sufficiently lighted by day and night, adequately heated and contain adequate sanitary plumbing and sewerage connections.
(Acts 1911, No. 303, p. 356; Code 1923, §4877; Code 1940, T. 45, §183.)
The expense incident to the construction, maintenance, sanitation, healthfulness and hygiene of each county jail and prison in this state shall be paid out of the funds of the county in which such institution is located and of the town or city if the institution is a town or city institution.
(Acts 1911, No. 303, p. 356; Code 1923, §4878; Code 1940, T. 45, §184.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1911, No. 303, p. 356; Code 1923, §4879; Code 1940, T. 45, §185.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1923, §4880; Code 1940, T. 45, §186.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1923, §4881; Code 1940, T. 45, §187.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1923, §4882; Code 1940, T. 45, §188.)
Any member of the county commission, sheriff or other keeper of any jail or almshouse or the mayor, chief of police or marshal or member of a city council or other governing board or body who violates any of the provisions of this article for which no specific penalty is provided shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $25 nor more than $100 or imprisoned in the county jail for 30 days or both.
(Acts 1911, No. 303, p. 356; Code 1923, §4876; Code 1940, T. 45, §182.)
(a) The county commissions of two or more counties may, by resolution and with the initial consent of their respective sheriffs, establish a regional jail authority for the purpose of constructing, maintaining, and operating a regional jail facility for the counties participating in the regional jail authority.
(b) A county which desires to join an existing regional jail authority may, by resolution and with the initial consent of the sheriff, request participation in the existing regional jail authority. The regional jail authority may by resolution approve the requesting county’s participation in the authority, and if approved, the county shall participate with all rights and obligations of the original counties participating in the regional jail authority.
(Acts 1997, No. 97-441, p. 742, §1.)
The regional jail authority shall constitute a public body corporate and politic, exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter and including, but not limited to, the following powers:
(1) To sue and be sued in its own name in civil actions, subject to the limitations provided in Chapter 93 of Title 11, and, except as otherwise provided in this chapter, to defend civil actions against it.
(2) To adopt and make use of a corporate seal and to alter the seal at pleasure.
(3) To have perpetual succession.
(4) To make and from time to time amend and repeal bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.
(5) To make, enter into, and execute contracts, agreements, leases, and other instruments and to take other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted under this section.
(6) To acquire, receive, take, or dispose of, by purchase, sale, gift, lease, devise, or otherwise, and to hold property of every description, real, personal, or mixed, that the authority may deem necessary to accomplish its purposes.
(7) To plan, establish, develop, acquire, purchase, lease, construct, reconstruct, renovate, enlarge, improve, maintain, equip, and operate a regional jail facility which will serve as the county jail for each member county of the regional jail authority.
(8) To sell and issue bonds in order to provide funds for any corporate function, use, or purpose, pursuant to the same rules and regulations established for water, sewer, and fire protection districts as found in Chapter 89 of Title 11.
(9) To borrow money for any of its purposes.
(10) To appoint, employ, contract with, and provide for the compensation of officers, employees, and agents as the purposes of the authority may require, including, but not limited to, engineers, architects, attorneys, management consultants, private jail management firms, fiscal advisers, and in particular, a superintendent to manage the regional jail facility, and jail personnel as necessary to operate and maintain the facility.
(11) To house all prisoners of the counties participating in the authority in its regional jail facility, and if the facility is sufficient and if space is available over and above space necessary to house prisoners of the participating counties, to receive into custody and house any persons committed under any federal, state, or municipal offense.
(12) To fix, revise, charge, and collect fees for the incarceration of prisoners housed in the regional jail facility from the counties participating in the authority and from any other local, state, or federal governmental entity whose prisoners are housed in the facility.
(Acts 1997, No. 97-441, p. 742, §2.)
(a) The regional jail authority shall be governed by a board of directors composed of the following:
(1) Two members appointed by the county commission of the most populous county, one of whom may be a member of the county commission.
(2) One member from each of the remaining counties appointed by the county commission of each respective county, which board member may be a member of the county commission.
(3) The sheriff of each county.
(b) Except with regard to the sheriffs, the members of the board of directors of the authority shall serve at the pleasure of the county commission appointing them.
(Acts 1997, No. 97-441, p. 742, §3.)
(a) After a regional jail facility is operational, the facility shall serve as the county jail for each county participating in the regional jail authority and shall satisfy the requirements of Section 11-14-10 and Section 14-6-1. The sheriff of each county shall retain his or her authority regarding the custody and transportation of prisoners from his or her county and may cause the removal of any prisoner from the regional jail facility for any purpose authorized by law. The superintendent of the regional jail facility and all jail personnel shall be employees of the regional jail authority unless the facility is maintained and operated by a privately owned jail management firm. The superintendent shall be selected by the sheriff members of the board of directors and shall serve at their pleasure. The superintendent, according to written policies and procedures adopted by the sheriff members of the board of directors, shall have and exercise control and authority over prisoners committed or transferred to the regional jail facility while housed in the facility and shall supervise all jail officers and other employees assigned to the facility.
(b) Upon resolution of the county commission, any county participating in a regional jail authority may continue to keep operational the jail in its county for the limited purpose of temporarily housing prisoners as necessary while awaiting arraignment or other hearing or as otherwise deemed necessary by the sheriff of the county.
(Acts 1997, No. 97-441, p. 742, §4.)
The regional jail authority is a governmental entity as defined by subdivision (1) of Section 11-93-1 and the services it performs are hereby declared to be governmental functions. The employees of the authority shall be entitled to participate in the Employees’ Retirement System of Alabama. Neither the regional jail authority nor any member of its board of directors shall be liable for any tort, whether negligent or willful, committed by any director, agent, servant, or employee of the authority in the construction, maintenance, or operation of any regional jail facility. Neither a county participating in the regional jail authority nor its sheriff shall be jointly or severally liable in tort or otherwise for the actions or inactions of the authority, any member of its board of directors, or any agent, servant, or employee of the authority.
(Acts 1997, No. 97-441, p. 742, §5.)
For the purpose of attaining the objectives of this chapter, any county participating in the regional jail authority may, upon terms and with or without consideration as it may determine, do all of the following:
(1) Lend or donate money to the authority or perform services for the benefit thereof.
(2) Donate, sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind.
(3) Do any and all other things permissible by law that are necessary or convenient to aid and cooperate with the authority in attaining the objectives of this chapter whether or not specifically authorized in this section.
(4) Pay to the authority the proceeds of any special tax appropriated, apportioned, or allocated to the authority or to or for the benefit of any facility owned or operated by the authority.
(Acts 1997, No. 97-441, p. 742, §6.)
The property and income of the regional jail authority, all bonds issued by the authority, the income from the bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. The authority shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but not limited to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. The authority shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document.
(Acts 1997, No. 97-441, p. 742, §7.)
All obligations created or assumed and all bonds issued or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any county nor count against the constitutional debt limit of a participating county. This section shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority.
(Acts 1997, No. 97-441, p. 742, §8.)
At any time when a regional jail authority has no bonds or other obligations outstanding, its board may by affirmative vote of a majority of its members, and with the prior approval of the county commission of each county participating in the regional jail authority, adopt a resolution declaring its intent that the authority shall be dissolved. Written notice of intent to dissolve shall be immediately delivered to the county commission of each county participating in the regional jail authority. Dissolution shall not take place less than 60 days following the written notice. At the expiration of 60 days and upon the filing for record of a certified copy of the dissolution resolution in the office of the judge of probate of the county in which the authority’s certificate of incorporation was filed, the authority shall thereupon stand dissolved and, in the event it owned any property at the time of its dissolution, the title to all its property shall thereupon pass to and be divided and apportioned among the counties included in the authority.
(Acts 1997, No. 97-441, p. 742, §9.)
(a) The municipal council of two or more municipalities, by resolution and with the initial consent of their respective mayors, may establish a regional jail authority for the purpose of constructing, maintaining, and operating a regional jail facility for the municipalities participating in the regional jail authority.
(b) A municipality which desires to join an existing regional jail authority, by resolution and with the initial consent of the mayor, may request participation in the existing regional jail authority. A regional jail authority, by resolution, may approve the requesting municipality’s participation in the authority, and if approved, the municipality shall participate with all rights and obligations of the original municipalities participating in the regional jail authority.
(Act 2006-185, p. 1260, §1.)
A regional jail authority shall constitute a public body corporate and politic, exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article and including, but not limited to, the following powers:
(1) To sue and be sued in its own name in civil actions, subject to the limitations provided in Chapter 93 of Title 11, and, except as otherwise provided in this article, to defend civil actions against it.
(2) To adopt and make use of a corporate seal and to alter the seal at pleasure.
(3) To have perpetual succession.
(4) To make and, from time to time, amend and repeal bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.
(5) To make, enter into, and execute contracts, agreements, leases, and other instruments and to take other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted under this section.
(6) To acquire, receive, take, or dispose of, by purchase, sale, gift, lease, devise, or otherwise, and to hold property of every description, real, personal, or mixed, that the authority may deem necessary to accomplish its purposes.
(7) To plan, establish, develop, acquire, purchase, lease, construct, reconstruct, renovate, enlarge, improve, maintain, equip, and operate a regional jail facility which will serve as the municipal jail for each member municipality of the regional jail authority.
(8) To sell and issue bonds in order to provide funds for any corporate function, use, or purpose, pursuant to the same rules and regulations established for water, sewer, and fire protection districts as found in Chapter 89 of Title 11.
(9) To borrow money for any of its purposes.
(10) To appoint, employ, contract with, and provide for the compensation of officers, employees, and agents as the purposes of the authority may require, including, but not limited to, engineers, architects, attorneys, management consultants, private jail management firms, fiscal advisers, and in particular, a superintendent to manage the regional jail facility, and jail personnel as necessary to operate and maintain the facility.
(11) To house all prisoners of the municipalities participating in the authority in its regional jail facility, and if the facility is sufficient and if space is available over and above space necessary to house prisoners of the participating municipalities, to receive into custody and house any persons committed under any federal, state, or municipal offense.
(12) To fix, revise, charge, and collect fees for the incarceration of prisoners housed in the regional jail facility from the municipalities participating in the authority and from any other local, state, or federal governmental entity whose prisoners are housed in the facility.
(Act 2006-185, p. 1260, §2.)
(a) A regional jail authority shall be governed by a board of directors composed of the following:
(1) Two members appointed by the municipal council of the most populous municipality, one of whom may be a member of the municipal council.
(2) One member from each of the remaining municipalities appointed by the municipal council of each respective municipality, which board member may be a member of the municipal council.
(3) The mayor of each municipality.
(b) Except with regard to the mayors, the members of the board of directors of the authority shall serve at the pleasure of the municipal council appointing them.
(Act 2006-185, p. 1260, §3.)
(a) After a regional jail facility is operational, the facility shall serve as the municipal jail for each municipality participating in the regional jail authority. Each municipality shall retain its authority regarding the custody and transportation of prisoners from the municipality and may cause the removal of any prisoner from the regional jail facility for any purpose authorized by law. The superintendent of the regional jail facility and all jail personnel shall be employees of the regional jail authority unless the facility is maintained and operated by a privately owned jail management firm. The superintendent shall be selected by the mayor members of the board of directors and shall serve at their pleasure. The superintendent, according to written policies and procedures adopted by the mayor members of the board of directors, shall have and exercise control and authority over prisoners committed or transferred to the regional jail facility while housed in the facility and shall supervise all jail officers and other employees assigned to the facility.
(b) Upon resolution of the municipality, any municipality participating in a regional jail authority may continue to keep operational the jail in its municipality for the limited purpose of temporarily housing prisoners as necessary while awaiting arraignment or other hearing or as otherwise deemed necessary by the mayor of the municipality.
(Act 2006-185, p. 1260, §4.)
A regional jail authority is a governmental entity as defined by subdivision (1) of Section 11-93-1, and the services it performs are hereby declared to be governmental functions. The employees of the authority shall be entitled to participate in the Employees’ Retirement System of Alabama.
(Act 2006-185, p. 1260, §5.)
For the purpose of attaining the objectives of this article, any municipality participating in a regional jail authority, upon terms, and with or without consideration as it may determine, may do all of the following:
(1) Lend or donate money to the authority or perform services for the benefit thereof.
(2) Donate, sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind.
(3) Do any and all other things permissible by law that are necessary or convenient to aid and cooperate with the authority in attaining the objectives of this article whether or not specifically authorized in this section.
(4) Pay to the authority the proceeds of any special tax appropriated, apportioned, or allocated to the authority or to or for the benefit of any facility owned or operated by the authority.
(Act 2006-185, p. 1260, §6.)
The property and income of a regional jail authority, all bonds issued by the authority, the income from the bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. The authority shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but not limited to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. The authority shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document.
(Act 2006-185, p. 1260, §7.)
All obligations created or assumed and all bonds issued or assumed by a regional jail authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any municipality nor count against the constitutional debt limit of a participating municipality. This section shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority.
(Act 2006-185, p. 1260, §8.)
At any time when a regional jail authority has no bonds or other obligations outstanding, its board may by affirmative vote of a majority of its members, and with the prior approval of the city council of each municipality participating in the regional jail authority, adopt a resolution declaring its intent that the authority shall be dissolved. Written notice of intent to dissolve shall be immediately delivered to the municipal council of each municipality participating in the regional jail authority. Dissolution shall not take place less than 60 days following the written notice. At the expiration of 60 days and upon the filing for record of a certified copy of the dissolution resolution in the office of the judge of probate of the municipality in which the authority’s certificate of incorporation was filed, the authority shall thereupon stand dissolved and, in the event it owned any property at the time of its dissolution, the title to all its property shall thereupon pass to and be divided and apportioned among the municipalities included in the authority.
(Act 2006-185, p. 1260, §9.)
Notwithstanding any provision of this article to the contrary, the provisions shall not apply to any Class 1 municipality.
(Act 2006-185, p. 1260, §10.)
This chapter may be cited as the “Prison-Made Goods Act of Alabama.”
(Acts 1976, No. 286, p. 319, §1.)
It is hereby declared to be the intent of this chapter:
(1) To provide more adequate, regular and suitable employment for the vocational training and rehabilitation of the prisoners of this state, consistent with proper penal purposes.
(2) To utilize the labor of prisoners for self-maintenance, reimbursing this state for expenses incurred by reason of their crimes and imprisonment, and for initial living expenses upon reentry into the community following release from prison.
(3) To effect the requisitioning and disbursement of prison products directly through established state authorities without possibility of private profits therefrom.
(4) To provide prison industry projects designed to place inmates in working and training environments in which they are able to acquire marketable skills and earn money to off-set the cost of incarceration, make payments for restitution to their victims, provide support for their families, and prepare for their release from prison.
(Acts 1976, No. 286, p. 319, §2; Act 2012-194, p. 322, §1.)
(a) The Alabama Department of Corrections may do all of the following:
(1) Purchase, in the manner prescribed by law, equipment, raw materials, components, and supplies.
(2) Engage the supervisory personnel necessary to establish and maintain for this state, at a penitentiary, penal farm, or other institution now or hereafter under the control of the department, industries for the utilization of services of prisoners in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by this state and the political subdivisions thereof.
(3) Promote the department’s products and services using any of the following manners:
a. Advertisements.
b. Meals.
c. Other commonly used methods to advertise products or services to the general public.
(b) Purchases of equipment, raw materials, components, and supplies by the Alabama Department of Corrections for the manufacture or production of prison-made goods pursuant to subsection (a) are exempt from purchasing through the Division of Purchasing of the Department of Finance.
(Acts 1976, No. 286, p. 319, §3; Act 2018-248, §1; Act 2019-454, §1.)
At least 30 days prior to a final decision by the Board of Corrections to obligate any funds to initiate manufacturing in an industry in which it has not been engaged in the past, the board shall issue a press release stating such intent and provide written notice to various trade associations in Alabama calling for a public hearing of all interested parties. The intent of this provision is to give the Board of Corrections the benefit of input from parties who may be affected by the board’s decisions but final decision-making authority rests with the board.
(Acts 1976, No. 286, p. 319, §5.)
Any article or product manufactured by the Board of Corrections for sale through the Finance Department to any office, department, institution or agency of the state or to any political subdivision thereof shall be manufactured or produced only upon state specifications developed by and through the Finance Department. However, if such specifications have not been developed by the department, then production may be based upon commercial specifications in current use by industry for the manufacture of such articles and products for sale to the state and political subdivisions thereof which have first been approved by the Finance Department. For purposes of this chapter, state specifications and commercial specifications approved by the Finance Department shall mean the latest complete version of any specification including amendments thereto.
(Acts 1976, No. 286, p. 319, §6.)
The Board of Corrections and the Finance Department shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished.
(Acts 1976, No. 286, p. 319, §10.)
(a) The Board of Corrections shall cause to be prepared, at such times as it may determine, catalogues containing an accurate and complete description of all articles and products manufactured or produced by it pursuant to the provisions of this chapter. Copies of such catalogues shall be sent to all offices, departments, institutions and agencies of this state and made accessible to all political subdivisions of this state referred to in Section 14-7-13.
(b) The Finance Department may at any time request the Board of Corrections to manufacture or produce additional articles or products.
(Acts 1976, No. 286, p. 319, §8.)
(a) On and after August 13, 1976, all offices, departments, institutions and agencies of this state which are supported in whole or in part by this state and political subdivisions thereof shall purchase from the Alabama Board of Corrections all articles or products required by such offices, departments, institutions, agencies or political subdivisions of this state produced or manufactured by the said Board of Corrections with the use of prison labor, as provided for by this chapter, and no such article or product may be purchased by any such office, department, institution or agency from any other source, unless excepted from the provisions of this section as provided in Section 14-7-14. All purchases made by state agencies shall be made through the Finance Department upon requisition by the proper authority of the office, department, institution or agency.
(b) Political subdivisions of this state may purchase directly from the Board of Corrections.
(Acts 1976, No. 286, p. 319, §4.)
Exceptions from the operation of the mandatory provisions in subsection (a) of Section 14-7-13 may be made in the case of articles or products produced or manufactured in work shops or home industries developed, supervised or maintained by the adult blind department of the Alabama Institute for Deaf and Blind or in any case where, in the opinion of the Finance Department, the article or articles or product or products produced or manufactured under the supervision of the Board of Corrections do or do not meet the reasonable requirements of or for such offices, departments, institutions or agencies or in any case where the requisitions made cannot be reasonably complied with.
No such office, department, institution or agency shall be allowed to evade the intent and meaning of this section by slight variations from standards adopted by the finance department when the articles or products produced or manufactured by the Board of Corrections in accordance with established standards are reasonably adapted to the actual needs of such office, department, institution or agency.
(Acts 1976, No. 286, p. 319, §7.)
At least 30 days before the beginning of each fiscal year, the Finance Department shall provide to the Board of Corrections summary reports of the kind and amount of articles and products purchased for state offices, departments, institutions and agencies based upon the previous nine months experience. Not more than 100 days following the close of each fiscal year, the Finance Department shall submit to the Board of Corrections a report showing the kinds and amounts of such prison manufactured articles purchased by all state offices, departments, institutions and agencies based upon the purchase experience of the entire previous fiscal year. All such reports shall refer, insofar as possible, to the items or products contained in the catalogue as issued by the Board of Corrections.
(Acts 1976, No. 286, p. 319, §8.)
In keeping with the primary objective of vocational training and rehabilitation of prisoners, the articles or products manufactured or produced by prison labor in accordance with the provisions of this chapter shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions and agencies of this state which are supported in whole or in part by this state and, secondly, to supplying the political subdivisions of this state with such articles and products.
(Acts 1976, No. 286, p. 319, §9.)
Any volunteer fire department and rescue squad organizations operating in this state which have been granted an exemption under the provision of Section 40-18-32 or approved by the Federal Internal Revenue Service may purchase goods and services offered by the Alabama Correctional Industries Division of the Department of Corrections.
(Acts 1990, No. 90-575, p. 980.)
In addition to the information ordinarily required by law in the annual audits of expenditures and operations of the Board of Corrections made by the State Auditor, after August 13, 1976 such annual audit reports shall also include a detailed statement of all materials, machinery or other property procured and the cost thereof, the expenditures made during the audited year for manufacturing purposes together with a statement of all materials on hand to be manufactured or in process of manufacture or manufactured, the values of all machinery, fixtures or other appurtenances for the purpose of utilizing the productive labor of prisoners and the earnings realized therefrom during the year.
(Acts 1976, No. 286, p. 319, §11.)
The Board of Corrections shall have the power and authority to prepare and promulgate policies which are necessary to give effect to the provisions of this chapter with respect to matters of administration respecting the same.
(Acts 1976, No. 286, p. 319, §12.)
In order to carry out the provisions of this chapter, the Legislature shall authorize in its annual appropriations an Industrial Revolving Fund and set the amount therein for the use of the Board of Corrections. The board is authorized to expend such moneys out of appropriations for said revolving fund as may be necessary to erect buildings, improve existing facilities, purchase equipment, procure tools, supplies and materials, purchase, install or replace equipment and otherwise defray the necessary expenses incident to the employment of prisoners as provided in this chapter.
(Acts 1976, No. 286, p. 319, §13.)
All moneys collected by the Board of Corrections from the sale or disposition of articles and products manufactured or produced by prison labor in accordance with the provisions of this chapter, shall be forthwith deposited with the State Treasurer to be kept and maintained in the Industrial Revolving Fund authorized by this chapter, and such moneys so collected and deposited shall be used solely for the purchase of raw materials, manufacturing supplies, equipment, machinery and buildings used to carry out the purposes of this chapter, and to otherwise defray the necessary expenses incident thereto, including the employment of such necessary supervisory personnel as is unavailable in the prison inmate population, all of which shall be subject to the approval of the Board of Corrections; provided, however, that the Industrial Revolving Fund shall never be maintained in excess of the amount necessary to carry out efficiently and properly the intentions of this chapter. When, in the opinion of the Governor and the Legislature the Industrial Revolving Fund has reached a sum in excess of the requirements of this chapter, such excess shall be transferred by the Board of Corrections to the State General Fund.
(Acts 1976, No. 286, p. 319, §14.)
The Board of Corrections shall have the power to authorize the commissioner of the Board of Corrections to sell and dispose of all surplus agricultural products and all personal property owned by the Board of Corrections which have not been manufactured by the board for the purpose of sale at such prices and on such terms and under such rules and regulations as it deems best to adopt. The Board of Corrections shall continue to exercise its rights and privileges relative to the sale and disposal of serviceable state personal property no longer needed by state agencies.
(Acts 1976, No. 286, p. 319, §15.)
(a) It shall be unlawful for the Department of Corrections to sell or offer for sale on the open market of this state any articles or products manufactured wholly or in part in this or any other state by prisoners of this state or any other state, except prisoners participating in community correction programs, as defined under Section 15-18-170, et seq., or on parole, probation, or any other kind of community supervision.
(b) Any person who willfully violates subsection (a) shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not less than 10 days nor more than one year or shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500), or both, in the discretion of the court.
(Acts 1976, No. 286, p. 319, §§15, 16; Act 2012-194, p. 322, §1.)
(a) In order to implement work-oriented rehabilitation programs in an actual private enterprise work environment, the Commissioner of the Department of Corrections may contract or enter into agreements with private individuals, enterprises, partnerships, or corporations to develop joint plants, businesses, factories, or commercial enterprises. The contracts or agreements shall be limited to those in which the department contracts or agrees to furnish inmate labor for the manufacture of articles or products or to furnish inmate labor for the provision of service in facilities furnished by the department or the party or parties and enter into contracts or agreements with the department. The facilities shall be on property owned or operated by the department or at any prison facility housing inmates sentenced to the department.
(b) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he or she has been informed of the conditions of his or her employment.
(c) Inmates participating in programs where articles or products are manufactured in part or in whole shall earn not less than the prevailing wage for work of a similar nature in the private sector. The earnings of an inmate authorized to work at paid employment pursuant to this section or Section 14-7-7 or Section 14-7-22 shall be paid directly to the department. The department shall adopt rules concerning the disbursement of any earnings of the inmates involved in a program established pursuant to this section, including the payment of any court ordered restitution. The department shall withhold from an inmate’s earnings the costs incident to the inmate’s confinement, as the department shall deem appropriate and reasonable, and the moneys collected shall be deposited into the Department of Corrections Special Revenue Fund. In no event shall the withheld earnings exceed 40 percent of the gross earnings of the inmate. The department shall also comply with any order from a court of proper jurisdiction that directs the withholding of funds from an inmate’s personal funds, not to exceed 40 percent of the earnings of the inmate. After all expenses have been deducted by the department, the remainder of the inmate’s earnings shall be credited to his or her account with the department. All such manufacturing programs shall be operated in compliance with the Federal Prison Industries Enhancement Act codified at 18 U.S.C. §1761(c).
(d) An inmate participating in the program shall not be considered an employee of the state and shall not be entitled to employee benefits.
(e) All products, goods, or items produced by work done under the auspices of contracts or agreements with the Department of Corrections shall be marketed by the party or parties that entered into the contract or agreement. In no instance may the department market these products, goods, or items.
(f) The Commissioner of the Department of Corrections may enter into contracts necessary to implement the prison industry program. The contractual agreements may include rental or lease agreements for state buildings or sale or lease of land on the grounds at an institution or a facility of the department and provide for reasonable access to and egress from the building to establish and operate a facility. Rental or lease agreements shall be exempt from the provisions and requirements of Chapter 16 of Title 41, and other competitive bid laws.
(g) The Department of Corrections and the party or parties that enter into contracts or agreements under this section or Section 14-7-7 or Section 14-7-22 shall be exempt from the provisions or penalties of Sections 14-5-2 and 14-7-22.
(h) Nothing in this section or Section 14-7-7 or Section 14-7-22 shall cause a reduction in the number of prisoners provided for training and work programs conducted on the campus of and by a two-year college and all such programs shall be provided a satisfactory number of prisoners for their prison education programs and all such prison education appropriations shall continue to fund such programs within the two-year college system as set forth in the Education Trust Fund budget.
(i)(1) The Department of Corrections shall annually submit a report to the Joint Legislative Prison Committee as to the types or kinds of prison industries occurring under this section or Section 14-7-7 or Section 14-7-22.
(2) All contracts issued pursuant to this section or Section 14-7-7 or Section 14-7-22 shall be reviewed by the Permanent Legislative Oversight Contract Review Committee.
(Act 2012-194, p. 322, §§2, 3.)
Nothing contained in this chapter shall be construed to affect Sections 21-2-1 through 21-2-4.
(Acts 1976, No. 286, p. 319, §18.)
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section.
(1) BOARD. The Board of Corrections.
(2) COMMISSIONER. The Commissioner of the Board of Corrections.
(3) STATE CORRECTIONAL INSTITUTIONS. Such term shall mean and include Draper Correctional Center in Elmore; Frank Lee Youth Center in Deatsville; Atmore State Prison Farm in Atmore; the State Cattle Ranch in Greensboro; Julia Tutwiler Prison for Women in Wetumpka and all road camps.
(4) INMATE. A person either male or female, convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the board.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §1.)
(a) The board is authorized to adopt regulations and policies permitting the commissioner to extend the limits of the place of confinement of an inmate, as to whom there is reasonable cause to believe he will know his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he shall be confined except during the hours of his employment or seeking of employment and traveling thereto and therefrom. Inmates shall participate in paid employment at the discretion of the board.
(b) The board may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of confinement or the entering into agreement between the board and any city, county or federal agency for the housing of these inmates in a local place of confinement. The board shall, as the need becomes evident, designate and adapt facilities in the state prison system to accomplish the purpose of this article.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §§2, 3.)
Employees of the board are authorized to make investigations and recommendations pertaining to the validity of requests for visits, job opportunities for inmates and to otherwise assist the commissioner in the implementation of the program authorized in this article.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §6.)
The commissioner shall endeavor to secure employment for eligible inmates under this article, subject to the following:
(1) Such employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed and in accordance with the prevailing working conditions in such an area;
(2) Such employment shall not result in the displacement of employed workers;
(3) Inmates eligible for work release shall not be employed as strikebreakers or in impairing any existing contracts; and
(4) Exploitation of eligible prisoners, in any form, is prohibited either as it might affect the community, the inmates or the board.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §7.)
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee or involuntary servant of the board while involved in the free community or while going to and from employment, or other specified areas.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §9.)
The employer of an inmate involved in work release shall pay the inmate’s wages directly to the Department of Corrections. The department may adopt regulations concerning the disbursement of any earnings of the inmates involved in work release. The department is authorized to withhold from an inmate’s earnings the cost incident to the inmate’s confinement as the department shall deem appropriate and reasonable. In no event shall the withheld earnings exceed 40 percent of the earnings of the inmate. After all expenses have been deducted by the department, the remainder of the inmate’s earnings shall be credited to his or her account with the department. Upon his or her release all moneys being held by the department shall be paid over to the inmate.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §4; Acts 1992, 2nd Ex. Sess., No. 92-688, p. 74, §1.)
Inmates employed under this article shall be eligible for good time credit in the same manner as other inmates under the jurisdiction of the board.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §8.)
The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administrations and suggestions as deemed advisable. The commissioner will provide public understanding of the provisions of this article as well as promote the cooperation of all state agencies involved in implementing the provisions of this article.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §10.)
Anyone violating any of the provisions of this article shall be guilty of a misdemeanor.
(Acts 1971, 3rd Ex. Sess., No. 307, p. 4595, §11.)
As used in this article the following words and terms have the meanings hereby ascribed to them:
(1) COUNTY INMATE. A person convicted of a crime and sentenced to a term of confinement of one year’s duration or less.
(2) STATE INMATE. A person convicted of a crime and sentenced to a term of confinement of more than one year’s duration.
(3) BOARD. The State Board of Corrections.
(Acts 1976, No. 637, p. 883, §1.)
(a) There is hereby authorized in each county of the state a work release program for county inmates and state inmates in custody of the county. Such program may be established at the option of the county in accordance with the provisions of this article.
(b) The State Board of Corrections is authorized to contract with the county concerning the costs of maintenance of state inmates participating in the program.
(c) The board may also promulgate rules and regulations concerning state inmates participating in the program the observance of which may be a condition to such participation.
(Acts 1976, No. 637, p. 883, §2.)
Any county establishing a work release program pursuant to this article may also establish a work release camp to be used in carrying out the program, wherein inmates participating in the program may be housed in lieu of confinement in the county jail.
(Acts 1976, No. 637, p. 883, §4.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1976, No. 637, p. 883, §3.)
Employees of the board and the county are authorized to make investigations and recommendations pertaining to the validity of requests for visits or job opportunities for their respective inmates and to otherwise assist the board or county in the implementation of the program authorized by this article.
(Acts 1976, No. 637, p. 883, §7.)
The board and the county shall endeavor to secure employment for eligible inmates under this article, subject to the following conditions:
(1) Such employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed and in accordance with the prevailing working conditions in such an area;
(2) Such employment shall not result in the displacement of employed workers;
(3) Inmates eligible for work release shall not be employed as strikebreakers or in impairing any existing contracts;
(4) Exploitation of eligible prisoners in any form is prohibited, either as it might affect the community, the inmates, the board or the county.
(Acts 1976, No. 637, p. 883, §8.)
(a) The State of Alabama and any county are hereby authorized to become employers of work release inmates under this article, and as such may employ inmates to perform any state or county job available, including, but not limited to, road or bridge work, garbage collection and school grounds maintenance.
(b) Inmates employed under this section shall be paid the federally established minimum wage.
(Acts 1976, No. 637, p. 883, §13.)
The employer of an inmate involved in work release pursuant to this article shall send the inmate’s wages directly to the county or its designated agent. Of each inmate’s earnings, 25 percent of his gross wages shall be applied to the costs incident to the inmate’s confinement. If the cost of confinement of a state inmate as agreed upon in the maintenance contract authorized in Section 14-8-31 exceeds 25 percent of his gross wages, the board shall pay the difference to the county. The remainder of the inmate’s wages shall be credited to his account with the county and shall be paid out as the inmate requests to furnish his clothing, medical and dental care, spending money, savings or dependent support.
(Acts 1976, No. 637, p. 883, §5.)
County inmates employed under this article shall be eligible for good time credit in the same manner as other inmates confined or detained in the county jail or other county correctional facility. State inmates so employed shall be eligible for good time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.
(Acts 1976, No. 637, p. 883, §9.)
The county in the case of county inmates and the board in the case of state inmates may institute a procedure for granting passes and leaves to inmates participating in work release under this article, and may grant such passes or leaves in deserving cases.
(Acts 1976, No. 637, p. 883, §10.)
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department, state, or county while involved in the free community, while under the direction, control, and supervision of the inmate’s employer, or while going to and from employment or other specified areas.
Any inmate participating in a work release program authorized by this chapter or otherwise working outside the jail or a correctional facility shall have no cause of action against the county or a community correction agency, or an employee thereof, related to such activities, unless the county or community corrections agency, or employee thereof, is willfully negligent in carrying out their responsibilities.
(Acts 1976, No. 637, p. 883, §11; Act 2002-497, p. 1287, §1.)
(a) The county commission may designate any officer or employee of the county to do and perform for the county any act or function this article empowers the county to do or perform; provided, however, that no elected official of the county shall be designated to do or perform any act or function for the county unless such elected officer is agreeable to being so designated.
(b) The Board of Corrections may designate any employee of the board to do and perform for the board any act or function this article empowers the board to do or perform.
(Acts 1976, No. 637, p. 883, §12.)
The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution in the case of a state inmate and an escape from the custody of the sheriff in the case of a county inmate and shall be punishable accordingly.
(Acts 1976, No. 637, p. 883, §6.)
Anyone violating any of the provisions of this article shall be guilty of a misdemeanor.
(Acts 1976, No. 637, p. 883, §14.)
The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not directly inconsistent herewith.
It is specifically provided that any work release program in operation or functioning pursuant to any local law on August 24, 1976, may be continued pursuant to such local law and shall not be affected in any way by this article. The county conducting such program may, however, at its option convert the program to a program to be governed by this article.
(Acts 1976, No. 637, p. 883, §16.)
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BOARD. The Board of Corrections.
(2) COMMISSIONER. The Commissioner of the Board of Corrections.
(3) STATE CORRECTIONAL INSTITUTION. Any correctional institution under the jurisdiction of the board.
(4) INMATE. A person either male or female, who has been convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the board and who is participating in the Alabama Board of Corrections work release or prerelease programs.
(Acts 1976, No. 136, p. 130, §1.)
In order to provide for the individual supervision and placement of an inmate in the community where the inmate will reside after release from a state correctional institution, the board is authorized to adopt rules, regulations and policies permitting the commissioner to extend the limits of confinement of an inmate where there is reasonable cause to believe the inmate will honor the trust placed in such inmate by authorizing such inmate, under prescribed conditions, to leave the confines of that place unaccompanied by custodial agents for a prescribed period of time to seek and secure employment and a place of residence in the community where the inmate will reside after the release from a state correctional institution.
(Acts 1976, No. 136, p. 130, §2.)
In order to insure that the inmate may be qualified to seek employment after release and thereby become an asset to society, as well as to such inmate, the board is authorized to adopt rules, regulations and policies permitting the commissioner to extend the limits of confinement of an inmate where there is reasonable cause to believe the inmate will honor the trust placed in such inmate, under prescribed conditions, to leave the confines of that place unaccompanied by custodial agents for a prescribed period of time to study in either a vocational or educational curriculum at an institution appropriate for the inmate’s abilities.
(Acts 1976, No. 136, p. 130, §3.)
The board may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of confinement.
(Acts 1976, No. 136, p. 130, §4.)
Employees of the board are authorized to make investigations and recommendations pertaining to the validity of requests for visits or job opportunities for inmates and otherwise to assist the commissioner in the implementation of the program authorized by this article.
(Acts 1976, No. 136, p. 130, §6.)
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee or involuntary servant of the board while involved in the free community or while going to and from employment or other specified areas.
(Acts 1976, No. 136, p. 130, §7.)
(a) The commissioner shall prepare an annual report to be filed not later than 60 days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget Committee showing the operation and administrations and suggestions as deemed advisable.
(b) The commissioner shall promote public understanding of the provisions of this article as well as encourage the cooperation of all state agencies involved in implementing the provisions of this article.
(Acts 1976, No. 136, p. 130, §8.)
The willful failure of an inmate to remain within the extended limits of the inmate’s confinement or to return within the time prescribed to the place of confinement designated by the commissioner shall be deemed as an escape from the custody of the board and shall be punishable as prescribed by law.
(Acts 1976, No. 136, p. 130, §5.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1969, No. 1119, p. 2075.)
This article shall be known as the “Alabama Correctional Incentive Time Act.”
(Acts 1980, No. 80-446, p. 690, §1.)
(a) Except as provided in subsection (e), each prisoner who is convicted of any offense against the laws of the State of Alabama and is confined, in execution of the judgment or sentence upon any conviction, in the penitentiary, or at hard labor for the county jail, or in any municipal jail for a definite or indeterminate term, whose record of conduct shows that he or she has faithfully observed the rules for a period of time to be specified by this article, may earn a deduction from the term of his or her sentence as follows:
(1) Thirty days for each 30 days actually served while the prisoner is classified as a Class I prisoner.
(2) Fifteen days for each 30 days actually served while the prisoner is a Class II prisoner.
(3) Five days for each 30 days actually served while the prisoner is a Class III prisoner.
(4) No correctional incentive time shall accrue during the period the prisoner is classified as a Class IV prisoner.
(b) Within 90 days after May 19, 1980, the Commissioner of the Department of Corrections shall establish and publish in appropriate directives certain criteria not in conflict with this article for Class I, II, III, and IV prisoner classifications. The classifications shall encompass consideration of the prisoner’s behavior, discipline, and work practices and job responsibilities.
(c)(1) Class I includes prisoners who are considered to be trustworthy in every respect and who, by virtue of their work habits, conduct, and attitude of cooperation have proven their trustworthiness. An example of a Class I inmate would be one who could work without constant supervision by a security officer.
(2) Class II includes prisoners whose jobs will be under the supervision of a correctional employee at all times. Any inmate shall remain in this classification for a minimum period of 12 months before being eligible for Class I.
(3) Class III includes prisoners with special assignments. They may not receive any of the privileges of Class I and Class II prisoners. A prisoner shall remain in this classification for a minimum period of six months before being eligible for Class II.
(4) Class IV includes prisoners not yet classified, including all incoming prisoners, prisoners who are able to work and refuse, prisoners who commit disciplinary infractions that do not warrant a higher classification, and prisoners who do not abide by the rules of the institution. Prisoners who are classified in this earning class receive no correctional incentive time. This class is generally referred to as “flat time” or “day-for-day.” A prisoner shall remain in this classification for a minimum period of three months before being eligible for Class III.
(5) No prisoner may reach any class without first having gone through and meeting the requirements of all lower classifications.
(d) As a prisoner gains a higher classification status he or she shall not be granted retroactive correctional incentive time based on the higher classification he or she has reached, but shall only be granted correctional incentive time based on the classification in which he or she was serving at the time the correctional incentive time was earned. Nothing in this article authorizes a prisoner to receive correctional incentive time based on the highest classification he or she attains for any period of time in which he or she was serving in a lower classification or from the date of his or her sentence.
(e)(1) No prisoner may receive correctional incentive time under any of the following circumstances:
a. He or she has been convicted of a Class A felony.
b. He or she has been convicted of any crime that caused the death of another person by means of a deadly weapon, as defined in Section 13A-1-2.
c. He or she has been sentenced to life, sentenced to death, or has received a sentence for more than 15 years.
d. He or she has been convicted of a sex offense involving a child, as defined in Section 15-20A-4.
(2)a. No prisoner may be placed in Class I under any of the following circumstances:
He or she has been convicted of an assault where the victims of the assault suffered the permanent loss or use or permanent partial loss or use of any bodily organ or appendage.
He or she has been convicted of a crime involving the perpetration of sexual abuse upon the person of a child under the age of 17 years.
He or she has been convicted of a Class B felony that is a violent offense, as defined in Section 12-25-32.
b. The court sentencing a person shall note on the transcript accompanying the prisoner that he or she has been sentenced to a crime that forbids his or her being classified as a Class I prisoner.
(f)(1) If, during the term of imprisonment, a prisoner commits an offense or violates a rule of the Department of Corrections, all or any part of his or her correctional incentive time accrued pursuant to this section shall be forfeited.
(2)a. The Commissioner of the Department of Corrections may restore any portion of the correctional incentive time that has been forfeited by a prisoner for violating any existing law or department rule or regulation, as the commissioner deems proper, upon recommendation and evidence provided by the warden in charge.
b. This subdivision shall not apply to prisoners who commit or attempt to commit violations provided in subdivision (3).
(3) If, during the term of imprisonment, a prisoner commits or attempts to commit by any overt act toward the commission of any of the following violations, as defined by the department’s Administrative Regulation Number 403 as of January 1, 2023, he or she may no longer receive correctional incentive time for the term of imprisonment and shall forfeit all of his or her correctional incentive time accrued pursuant to this section:
a. Homicide.
b. Escape.
c. Assault that causes serious physical injury, excluding when used in self-defense, as determined by the department.
d. Seizing or holding a hostage in any manner.
e. Sexual assault.
f. Inciting a riot.
g. Rioting, excluding civil protests.
h. Fighting with a weapon resulting in serious physical injury.
i. Arson.
(g)(1) For prisoners receiving correctional incentive time, the term of supervision required pursuant to Section 15-22-26.2, shall not further reduce the term of imprisonment except where the minimum required term of supervision would exceed the correctional incentive time accrued.
(2) When a prisoner is serving two or more terms of imprisonment and the sentences run consecutively, all sentences shall be combined for the purpose of computing deductions for correctional incentive time and release date. The actual deduction from sentence for correctional incentive time provided by this section shall apply only to sentences to be served.
(3) When a prisoner is serving two or more sentences that run concurrently, the sentence that results in the longer period of incarceration shall be used for the purpose of computing deductions for correctional incentive time and release date. When computing the deductions allowed in this section on indeterminate sentences, the maximum sentence shall be the basis for the computation.
(h) This section shall be administered by the chief administrative officer of the penal institution as it applies to prisoners in any state penal institution, by the sheriff of the county as it applies to prisoners in any county jail, and by the chief of police as it applies to prisoners in any municipal jail.
(i) Deductions for good behavior, work habits and cooperation, or good conduct shall be interpreted to give authorized correctional incentive time retroactively to those offenders convicted of crimes committed after May 19, 1980, except those convicted of crimes of the unlawful sale or distribution of controlled substances as enumerated in Article 5 of Chapter 12 of Title 13A and for any sex offenses as enumerated in Articles 4 and 4A of Chapter 6 of Title 13A. The commissioner shall have the prison records of all prisoners who become eligible under this article reviewed and shall disqualify any prisoner from being awarded correctional incentive time under this article at his or her discretion.
(j) The Department of Corrections, by February 15 of each year, shall submit to the Legislature, the Governor, and the Attorney General a report including all of the following:
(1) The number of prisoners in each classification.
(2) The number of prisoners who changed classifications.
(3) The number of prisoners who had their correctional incentive time forfeited based on a high level violation, as provided by department guidelines, including the specific kind and number of the high level violation for each prisoner.
(4) The number of prisoners who had their correction incentive time forfeited based on a violation of subdivision (f)(3), including the cumulative number of days that were forfeited.
(k) All amendatory language added to this section by Act 2023-22 regarding the calculation as to correctional incentive time, added pursuant to the act shall be applied prospectively, and any adjustment to that time shall only apply to violations committed after April 14, 2023. Act 2023-22 shall supersede any policy, procedure, or rule in place on April 14, 2023, with exception of the Department of Corrections’ Administrative Regulation Number 403.
(Acts 1980, No. 80-446, p. 690, §2; Acts 1991, No. 91-637, p. 1201, §1; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2015-463, p. 1506, §1; Act 2022-322, §2; Act 2023-22, §§ 2,3.)
A deduction from a sentence provided for by this article shall be allowed for any time period served on parole. No deduction from a sentence provided by this article shall be used for determining an inmate’s eligibility for parole.
(Acts 1980, No. 80-446, p. 690, §3; Acts 1996, No. 96-657, p. 1054, §1.)
(a) Any good conduct time credit earned by or otherwise granted to a prisoner prior to enactment of this article, under laws existing prior to the passage of this article, shall be computed by the Department of Corrections through the date next preceding May 19, 1980 under such laws and such time credit, less any forfeited, shall be granted to the prisoner.
(b) The provisions of this article shall not be applicable to any prisoner serving time prior to May 19, 1980, nor to any person who commits an offense prior to May 19, 1980, even if such person is sentenced after May 19, 1980. Deductions from the sentences of such persons shall be earned at the same rate as provided by law prior to May 19, 1980. All constitutional rights, remedies and privileges of such persons shall not be reduced, diminished or abolished.
(Acts 1980, No. 80-446, p. 690, §4.)
(a) Nothing herein shall be interpreted to give any retroactive effect to this article.
(b) Nothing contained in this article shall in any way be construed to repeal or affect the provisions of Section 13A-5-9, or any other statute heretofore or hereinafter enacted in this state dealing with habitual felony offenders or the sentencing of such offenders.
(Acts 1980, No. 80-446, p. 690, §6.)
This article shall be known as the Alabama Education Incentive Time Act.
(Act 2021-477, §1.)
The Legislature finds and declares that according to 2013 RAND Corporation research, offenders who participate in quality education programs are 43 percent less likely to return to prison within three years. The Legislature further finds and declares that providing this group of individuals with skills essential for post-release success is paramount, in that it will reduce recidivism and improve post-release transition for offenders.
(Act 2021-477, §1.)
As used in this article, the following terms shall have the following meanings:
(1) QUALIFYING PROGRAM. An academic, vocational, risk-reducing, or apprenticeship program approved by the Department of Corrections.
(2) TERM OF INCARCERATION. A continuous period of time during which a prisoner is in the legal or physical custody of the Department of Corrections pursuant to one or more court-imposed sentences starting on the sentence beginning date recorded on the prisoner’s conviction transcript and concluding on the prisoner’s department calculated end of sentence date.
(Act 2021-477, §1.)
The Department of Corrections shall adopt rules regarding the administration of education incentive time; provided, however, the department may not propose rules until the department has consulted with the Joint Legislative Prison Oversight Committee, created pursuant to Section 29-2-20. The rules shall include, but are not limited to, specifying the maximum amount of time a sentence may be reduced based on the successful completion of a qualifying program, determining the incremental credit awarded depending on the program complexity and length, establishing a revocation provision for disciplinary infractions, and adopting any additional restrictions at the discretion of the commissioner. The final rules shall be certified to the Legislative Services Agency no later than March 1, 2022.
(Act 2021-477, §1.)
(a) Except as provided in subsections (e) and (f), a prisoner serving a term of incarceration in a Department of Corrections facility, or a facility leased by the department, may earn a deduction from the term of his or her sentence for successfully completing a qualifying program, known as education incentive time.
(b) A prisoner may not receive more than a total of 12 months of education incentive time during any term of incarceration.
(c) Deductions from a prisoner’s term of incarceration based on education incentive time shall be in addition to any other available sentence deductions, including, but not limited to, correctional incentive time awarded pursuant to Section 14-9-41.
(d) A prisoner may not receive education incentive time for the completion of any qualifying program that was completed prior to the beginning of the term of incarceration.
(e) A prisoner may not receive the benefit of education incentive time if any of the following occur:
(1) He or she has been sentenced to death.
(2) He or she has been sentenced to a term of life imprisonment.
(3) He or she has been convicted of a violent offense, as provided in Section 12-25-32, that is classified as a Class A or Class B felony.
(4) He or she has been convicted of a sex offense as provided in Section 15-20A-5.
(5) He or she is serving a term of confinement pursuant to Section 15-18-8.
(Act 2021-477, §1.)
(a) Any education incentive time awarded by the department to a prisoner shall be reported by the department to the Board of Pardons and Paroles. The Board of Pardons and Paroles shall apply education incentive time to advance the initial consideration date and any tentative parole review date already established for the prisoner. The board shall consider the education incentive time when making a final parole release decision of the prisoner.
(b) The department shall report to the Board of Pardons and Paroles when a prisoner, who is capable of participating in a qualifying program, declines or refuses to participate in a qualifying program.
(Act 2021-477, §1.)
This article does not create an interest or right for any prisoner to participate in, or receive education incentive time for, any qualifying program, nor does it authorize the commissioner to create an interest or right. No prisoner or class of prisoners may bring a cause of action against any party in any court involving the subject matter of education incentive time under this article. No court has subject matter jurisdiction over challenges to directives, rules, or policies adopted under this article; awards or failures to award education incentive time; decisions related to approving programs for credit; program admission decisions; financial aid eligibility determinations; evaluations or grades; certifications of program completion; or any other acts or omissions arising from or related to the authority granted by this article.
(Act 2021-477, §1.)
(a) In addition to any reporting requirements under existing law, the Department of Corrections shall provide to the Joint Legislative Prison Oversight Committee quarterly reports, including all of the following:
(1) The number of prisoners who are eligible to receive education incentive time for participation in qualifying programs.
(2) The number of prisoners eligible to receive education incentive time who participate in a qualifying program.
(3) The number of prisoners eligible to receive education incentive time who complete or fail to complete a qualifying program.
(4) The recidivism rate for prisoners who successfully complete a qualifying program before release.
(5) The post-release outcomes, including employment, of prisoners who successfully complete a qualifying program before release.
(b) In addition to any reporting requirements under existing law, the Board of Pardons and Paroles shall provide the Joint Legislative Prison Oversight Committee quarterly reports detailing the outcomes of parole hearings of prisoners who have received education incentive time.
(Act 2021-477, §1.)
The Board of Pardons and Paroles shall adopt rules to implement and administer this article.
(Act 2021-477, §1.)
THIS SECTION WAS AMENDED BY ACT 2021-549 IN THE 2021 1ST SPECIAL SESSION, EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The Department of Corrections shall adopt reasonable rules and criteria to determine those state inmates who require clothing and transportation upon the expiration of their term of custody and before the expiration of their term of custody for each state inmate shall make a reasonable determination of whether or not the state inmate has ready and immediate access to clothing and transportation that meet the requirements of this section. Each state inmate who is determined to require clothing and transportation, at the expiration of his or her term of custody, shall be discharged from the custody and shall be furnished with clothes and with the least expensive mode of public transportation to the point where the inmate is to report for parole and probation supervision, or to the point of sentencing, to be paid from the Department of Corrections general operating funds. Clothing shall be of decent and reasonable quality for employment.
(b) The Department of Corrections shall provide minimum documentation for identification, including a social security card and a birth certificate, necessary to obtain employment. The Department of Corrections, in conjunction with the Alabama State Law Enforcement Agency, shall assist an inmate in obtaining a non-driver identification card, as required in Section 41-27-3.2.
(c) Any inmate entitled to clothing and transportation may waive the same, in which case the Department of Corrections shall not be required to make any payment in lieu of clothing and transportation. Each state inmate shall receive this clothing and transportation allowance only once per offense and multiple offenses being served consecutively or concurrently shall for this purpose be considered one offense; but the Department of Corrections may at its discretion furnish transportation as noted above upon any discharge. If the inmate is charged with the commission of any other criminal offense, he or she must be delivered to the proper sheriff or officer to answer the charge.
Code 1852, §351; Code 1867, §3899; Code 1876, §4597; Code 1886, §4635; Code 1896, §4500; Code 1907, §6554; Code 1923, §3650; Code 1940, T. 45, §54; Acts 1953, No. 746, p. 1008; Acts 1973, No. 1116, p. 1878; Acts 1989, No. 89-642, p. 1270, §1; Act 2021-549, §2.)
In addition to the cash, transportation and clothes to be furnished to state inmates, as provided in Section 14-10-1 upon their lawful discharge from custody, there shall be allowed and paid to each such inmate whose time in custody does not exceed five years the sum of $10 in cash and to each such inmate whose time in custody exceeds five years the sum of $10 plus an additional sum in cash at the rate of $2 per annum for each additional year or fractional part of a year of not less than six months of actual time in custody after conviction. Said additional allowances and payments may be made as cash allowances and payments are made under existing laws. The Department of Corrections shall determine those state inmates who require these payments and shall use the regulations and criteria established in accordance with Section 14-10-1 to make this determination. No payment shall be made to any state inmate whom the Department of Corrections has reasonably determined does not require such payment. Any state inmate may waive receipt of this payment. Each state inmate shall receive this payment only once per offense and multiple offenses being served consecutively or concurrently shall for this purpose be considered one offense.
(Acts 1919, No. 668, p. 968; Code 1923, §3651; Code 1940, T. 45, §55; Acts 1989, No. 89-642, p. 1270, §2.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
Code 1907, §6607; Code 1923, §3703; Code 1940, T. 45, §106.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §143; Code 1867, §3686; Code 1876, §4319; Code 1886, §3753; Code 1896, §4546; Code 1907, §6608; Code 1923, §3711; Code 1940, T. 45, §107.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §3981; Code 1896, §4548; Code 1907, §6610; Code 1923, §3713; Code 1940, T. 45, §108.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1886, §3982; Code 1896, §4549; Code 1907, §6611; Code 1923, §3714; Code 1940, T. 45, §109.)
Any guard or any person having the charge, management or control of any convict who fails to discharge any of the duties imposed upon him by law or in any other way violates any of the provisions of law regulating or governing the inspection, treatment, confinement, working or guarding or the charge, management or control of convicts, state or county, when no other punishment is provided for such failure in duty or violation of law, must, on conviction, be fined not more than $1,000, and may also be imprisoned in the county jail or sentenced to hard labor for the county, for not more than 12 months.
(Code 1886, §3984; Code 1896, §4550; Code 1907, §6612; Code 1923, §3715; Code 1940, T. 45, §110.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §360; Code 1867, §3908; Code 1876, §4606; Code 1886, §3989; Code 1896, §4552; Code 1907, §6614; Code 1923, §3717; Code 1940, T. 45, §111.)
Any person who goes about any prison against the will or order of the officer in charge shall be guilty of a misdemeanor and, on conviction, must be fined not less than $20 and sentenced to hard labor for the county for not more than six months.
(Code 1896, §4555; Code 1907, §6617; Code 1923, §3720; Code 1940, T. 45, §114.)
Any convict or prisoner who willfully or maliciously injures or destroys any building or property belonging to the state or any agency or instrumentality thereof of value in excess of $25 is guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary for not less than one nor more than five years.
(Acts 1951, No. 365, p. 660.)
When used in this article, the following words shall have the following meanings:
(1) CUSTODY. Any of the following:
a. Pretrial incarceration or detention.
b. Incarceration or detention under a sentence or commitment to a state or local penal institution, any detention facility for children or youthful offenders.
c. Parole or mandatory supervised release.
d. Electronic home detention.
e. Parole or probation.
(2) EMPLOYEE. An employee or contractual employee of any governmental agency of the state, county, or municipality that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or detention facility.
(3) SEXUAL CONDUCT. Any of the following acts:
a. Sexual intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required.
b. Sexual contact. Any known touching for the purpose of sexual arousal, gratification, or abuse of the following:
The sexual or other intimate parts of the victim by the actor.
The sexual or other intimate parts of the actor by the victim.
The clothing covering the immediate area of the sexual or other intimate parts of the victim or actor.
c. Sexual intrusion. Any intrusion, however slight, by any object or any part of the body of a person into the genital, anal, or oral opening of the body of another person if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.
(Act 2004-298, p. 420, §1.)
(a) It shall be unlawful for any employee to engage in sexual conduct with a person who is in the custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality.
(b) It shall be unlawful for any probation or parole officer to engage in sexual conduct with a person who is under the supervisory, disciplinary, or custodial authority of the officer engaging in the sexual conduct with the person.
(c) Any person violating subsection (a) or (b) shall, upon conviction, be guilty of custodial sexual misconduct.
(d) Custodial sexual misconduct is a Class C felony.
(e) For purposes of this article, the consent of the person in custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality, or a person who is on probation or on parole, shall not be a defense to a prosecution under this article.
(Act 2004-298, p. 420, §2.)
This article shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this article is also proscribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(Act 2004-298, p. 420, §3.)
(a) Except as otherwise authorized by law, or when authorized by the person in charge of the prison or other institution subject to this section, or by an officer of the institution empowered to give that authorization, it shall be unlawful for an inmate to possess a cellular telephone, wireless communication device, or computer that allows the input, output, examination, or transfer of computer programs from one computer to another person or for any person to possess with the intent to deliver, or delivers, to an inmate in the custody of the Alabama Department of Corrections a cellular telephone, wireless communication device, or a computer that allows the input, output, examination, or transfer of computer programs from one computer to another person.
(b) An inmate in the custody of the Alabama Department of Corrections who by means of a cellular telephone, wireless communication device, or computer communication system that allows the input, output, examination, or transfer of computer programs from one computer to another person any message or information communicates with another person shall provide his or her identity and inmate identification number to the person.
(c) Except as otherwise authorized by law, or when authorized by the person in charge of the prison or other institution subject to this section, or by an officer of the institution empowered to give that authorization, it shall be unlawful for an employee of the Department of Corrections or other institution subject to this section to possess with the intent to deliver or delivery to an inmate in the custody of the Department of Corrections a cellular telephone, wireless communication device, or computer that allows input, output, examination, or transfer of computer programs from one computer to another person.
(d) A violation of subsection (a), (b), or (c) shall be a Class C felony.
(e) This section may not be construed to repeal other criminal laws. Whenever conduct proscribed by this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
(f) The Alabama Department of Corrections may enter into an agreement or contract to detect unauthorized inmate communications by cellular telephone or other wireless communication device.
(Act 2012-464, p. 1284, §§1, 3.)
(a) If a person visiting an inmate in the custody of the Alabama Department of Corrections, upon being searched or subjected to a metal detector, is found to be in possession of a cellular telephone, wireless communication device, or a computer communication system that allows the input, output, examination, or transfer of computer programs from one computer to another person, that device or computer shall be subject to confiscation.
(b) Notice of this provision shall be posted in each area where visitors are searched prior to visitation with an inmate in the custody of the Alabama Department of Corrections.
(Act 2012-464, p. 1284, §2.)
(a) No inmate in the custody of the Department of Corrections or city and county jails shall establish or maintain an account on any Internet-based social networking website.
(b) For purposes of this section, social networking website means an Internet-based website that has any of the following capabilities:
(1) Allows users to create web pages or profiles about themselves that are available to the general public or to any other users.
(2) Offers a mechanism for communication among users, such as a forum, chat room, electronic mail, or instant messaging.
(c) Any inmate or other person working in conjunction with a state correction’s inmate who violates this section shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500).
(Act 2012-514, p. 1530, §1.)
The State Department of Education shall make a study, with the assistance of the Board of Corrections, of the requirements of establishing and operating schools at the various units of the Board of Corrections.
The State Department of Education shall establish and operate such schools when funds are provided for this purpose.
(Acts 1976, No. 585, p. 796, §1.)
(a) A formula for the determination of professional units and other operating expenses, based upon eligible students, shall be developed by the State Department of Education. An eligible student under this subsection shall be a person who has not graduated from an accredited high school and who is able to benefit from the instructional programs offered.
The total number of professional units provided shall be the sum total of units necessary for classroom teachers, vocational teachers, librarians, teachers of exceptional students, supervisors, counselors, principals and a director. Any funds provided for such units where such units are not employed shall revert to the Alabama Special Educational Trust Fund.
(b) The qualifications of teachers shall be determined by the State Department of Education and shall be similar to the qualifications of teachers in the regular schools.
(c) The State Department of Education in cooperation with the Board of Corrections shall determine the minimum number of hours a student must be in attendance each week.
(d) The minimum monthly salary rates for classroom teachers and special positions shall be in accordance with the current minimum salary schedule in effect in the regular public schools.
(e) Vocational teachers, counselors, supervisors and special education units shall be provided in addition to classroom teacher units in accordance with the policy of the State Board of Education for the allocation of such units in the regular public schools and in accordance with the ability of the Board of Corrections to provide adequate facilities for such programs and the ability of the students enrolled to benefit from such instruction. The facilities of the technical schools at Atmore and Speigner shall be used to the extent practicable.
(Acts 1976, No. 585, p. 796, §4.)
All persons incarcerated in the Board of Corrections units who are not high school graduates shall be eligible to attend such school.
(Acts 1976, No. 585, p. 796, §2.)
(a) The total costs of operating the schools authorized by this chapter shall be borne entirely by the state and shall be paid from the Alabama Special Educational Trust Fund.
(b) Such costs shall be considered annually, upon the recommendation of the State Department of Education, by the joint interim committee made up of the Ways and Means Committee of the House and the Finance and Taxation Committee of the Senate. An estimate of costs for the 1977-78 school year and each succeeding year shall be made to the above mentioned committee when the budget estimates are presented by the State Department of Education.
(Acts 1976, No. 585, p. 796, §3.)
This chapter will be cited as the Interstate Corrections Compact Act.
(Acts 1985, No. 85-752, p. 1247, §1.)
The Interstate Corrections Compact is hereby enacted into law and entered into by the State of Alabama with any and all states legally joining therein, in accordance with its terms, in the form substantially as follows:
INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy)
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
Article II (Definitions)
As used in this compact, unless the context clearly requires otherwise:
(1) “State” means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico;
(2) “Sending state” means a state party to this compact in which conviction or court commitment was had;
(3) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had;
(4) “Inmate” means a male or female offender who is committed, under sentence to or confined in, a penal or correctional institution;
(5) “Institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates defined in (4) above may lawfully be confined.
Article III (Contracts)
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
(1) Its duration;
(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom;
(4) Delivery and retaking of inmates;
(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
Article IV (Procedures and Rights)
(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state, provided, that the sending state shall continue to be obligated to such payments as may be pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations, or have such obligations modified or his status changed on account of any action or proceedings in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
Article V (Acts Not Reviewable in Receiving State: Extradition)
(a) Any decisions of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states’ party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
Article VI (Federal Aid)
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending or the receiving state have made contractual provision; provided, that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefrom.
Article VII (Entry into Force)
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
Article VIII (Withdrawal and Termination)
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
Article IX (Other Arrangement Unaffected)
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
Article X (Construction and Severability)
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
(Acts 1985, No. 85-752, p. 1247, §2.)
The Commissioner of the Department of Corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he may in his discretion delegate this authority to an official designee. In order to develop an effective corrections policy, the Commissioner of the Department of Corrections is expressly authorized to enter into contracts with other states that have legally joined into the Interstate Corrections Compact as contained in Section 14-13-2. Said contract shall be negotiated between the Commissioner of the Department of Corrections or his designee and such authority as the other state shall legally designate to negotiate such contracts, and the Commissioner of the Department of Corrections is empowered to sign, obligate or otherwise consummate such contracts for the State of Alabama.
(Acts 1985, No. 85-752, p. 1247, §3.)
This chapter shall be known as the Alabama Medical Furlough Act.
(Act 2008-550, p. 1193, §1.)
For purposes of this chapter, the following words shall have the following meanings:
(1) COMMISSIONER. The Commissioner of the Department of Corrections.
(2) DEPARTMENT. The Department of Corrections.
(3) GERIATRIC INMATE. A person 55 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who poses a low risk to the community, and who does not constitute a danger to himself or herself or society.
(4) PERMANENTLY INCAPACITATED INMATE. A state inmate who possesses a permanent, irreversible physical or mental health condition that prevents him or her from being able to perpetrate a violent physical action upon another person or self or initiate or participate in a criminal act. The medical or mental health treatment or need for assistance of such individual must require daily assistance from a caretaker or a long-term skilled medical or rehabilitation center to perform or assist with activities of daily living, such as ambulation, dressing, and bathing and/or must require medications or treatments, such as hemodialysis, to sustain life which require regular diagnostic tests to monitor therapeutic effectiveness. Long-term care and housing needs of such individual with a physical or mental health condition described above must have the potential to exceed the capabilities to provide such need within the confinement of a secure correctional facility within the department.
(5) TERMINALLY ILL INMATE. A person convicted of a non-capital felony offense who is sentenced to the penitentiary and who has an incurable condition caused by illness or disease which would, with reasonable medical judgment, produce death within 12 months, and who does not constitute a danger to himself or herself or society.
(Act 2008-550, p. 1193, §2; Act 2015-185, §3.)
(a) No physical or medical condition that existed at the time of sentencing shall provide the basis for medical furlough under this chapter, unless the inmate has become permanently incapacitated or terminally ill after the date of sentencing. In considering an inmate’s eligibility for medical furlough, the department shall take into consideration the age of the inmate at the time the crime was committed.
(b) No inmate shall be considered for medical furlough unless the inmate consents in writing to the release after a written explanation of the inmate’s medical needs and the availability of medical services, unless the inmate is not capable of consent as determined by a medical professional.
(c) No inmate shall be considered for medical furlough unless he or she would be Medicaid or Medicare eligible at the time of release or a member of the inmate’s family agrees in writing to assume financial responsibility for the inmate, including, but not limited to, the medical needs of the inmate.
(Act 2008-550, p. 1193, §3.)
(a) The department shall establish a medical furlough program. The commissioner shall adopt the rules and regulations for implementation of the medical furlough program. For each person considered for medical furlough, the commissioner shall determine whether the person is a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate.
(b) Notwithstanding any other law to the contrary, an inmate who has not served his or her minimum sentence shall be considered eligible for consideration for furlough under this chapter.
(c) This chapter shall not apply to inmates convicted of capital murder or a sexual offense.
(d) Medical furlough consideration shall be in addition to any other release for which an inmate may be eligible.
(e) The commissioner shall determine the conditions of release of any inmate pursuant to this chapter, including the appropriate level of supervision of the inmate, and shall develop a discharge plan for each inmate released under this chapter. Prior to the commissioner granting any release based on the appropriate medical documentation pursuant to subsection (b) of Section 14-14-5, employees of the department shall contact appropriate departments and agencies, which may include, but shall not be limited to, the Department of Public Health, the Department of Human Resources, Medicare, Medicaid, hospice organizations, or other public and nonprofit community service agencies as the commissioner may deem necessary for consultation in developing an appropriate discharge plan, and to confirm that required care and resources are available to meet the inmate’s needs. This chapter is not intended to expand or create new responsibilities for public agencies for arranging and providing care.
(f) In considering an inmate for medical furlough, the department may request that additional medical evidence be produced, or that additional medical examinations be conducted.
(g) Except as provided herein, the furlough of an inmate on medical furlough shall be for the remainder of the inmate’s sentence. In addition to terms and conditions prescribed by the department, supervision of an inmate on medical furlough shall at a minimum consist of biannual medical evaluations by a medical care provider at intervals to be determined by the commissioner at the time of release.
(h) If the medical condition of an inmate released pursuant to this chapter should improve to the extent that he or she no longer meets the criteria by which he or she was released, or if he or she violates a condition of release or becomes a danger to himself or herself or others, the commissioner shall revoke the furlough.
(i) The commissioner shall report annually to the Joint Legislative Interim Prison Committee, House Judiciary Sentencing Commission Subcommittee, and the Alabama Sentencing Commission on the number of applications for medical furlough, the nature of the illnesses, diseases, and conditions of the applicants, the number of inmates granted and denied release, and the number of persons on medical furlough who have been returned to the custody of the department. The commissioner shall further report on the status of all inmates who meet the criteria for medical furlough as defined in Section 14-14-2. This report shall include those individuals who have spent more than 30 calendar days within the prior 12 month time period in an infirmary or under direct medical supervision for the medical condition associated with the furlough request or its comorbidities. The report shall be made in a manner that does not disclose any individual identifying information for any particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.
(Act 2008-550, p. 1193, §4; Act 2015-185, §3.)
(a) An inmate, or any concerned person, including, but not limited to, the inmate’s attorney, family, physician, or an employee or official of the department may initiate consideration for medical furlough by submitting to the department an initial medical release application form along with supporting documentation.
(b)(1) The initial application form shall include the report of a physician or physicians employed by the department or its health care provider and a notarized report of at least one other duly licensed physician who is board certified in the field of medicine for which the inmate is seeking a medical furlough and who is not an employee of the department. These reports shall each be of the opinion that the inmate is either terminally ill, permanently incapacitated, or that the inmate suffers from a chronic infirmity, illness, or disease related to aging.
(2) The commissioner shall provide the initial application and medical authorization forms to all department medical care providers, and the forms shall be available at every correctional facility for distribution to inmates.
(c) Consideration for medical furlough shall be initiated by the submission of an application from the department, the inmate, or the inmate’s representative, along with the department’s supporting documentation to the commissioner.
(d) If the appropriate medical documentation pursuant to subsection (b) has indicated that the inmate is permanently incapacitated or terminally ill, the commissioner, within 60 days of receipt of an initial application form, shall make a decision regarding the release of the inmate on medical furlough pursuant to the provisions of this chapter. The initial application form and supporting document of inmates, who have been diagnosed by a physician as suffering from a chronic illness or disease related to aging, shall be submitted to the commissioner within 60 days of receipt of the application by the department. Supporting documentation shall include information concerning the inmate’s medical history and prognosis, age, and institutional behavior. At the inmate’s request, the department shall also provide a copy of all supporting documentation to the inmate.
(e) In determining eligibility factors for a medical furlough, the commissioner shall take into consideration all of the following factors:
(1) Risk for violence.
(2) Criminal history.
(3) Institutional behavior.
(4) Age of the inmate, currently and at the time of the offense.
(5) Severity of the illness, disease, or infirmities.
(6) All available medical and mental health records.
(7) Release plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.
(f) If the commissioner determines that a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate meets the requirements for release to medical furlough pursuant to this chapter, the commissioner shall release the inmate on medical furlough pursuant to the provisions of this chapter within 90 days of receipt by the commissioner of the initial application form and supporting documentation. The commissioner shall have the authority to revoke the inmate’s furlough pursuant to subsection (h) of Section 14-14-4.
(g) At least 30 days prior to release of a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate under subsection (f), the commissioner shall provide notification of the medical furlough release to the district attorney of the jurisdiction where the inmate was last sentenced and shall also provide notification of the medical furlough release to the victim, victim’s representative, and other interested individual via certified mail, return receipt requested, or by using the automated victim notification system as provided in Section 15-22-36 and Section 15-22-36.2.
(Act 2008-550, p. 1193, §5; Act 2015-185, §3.)
This chapter shall not be deemed to grant any entitlement or right to release. Upon denial of release by the commissioner, the commissioner may schedule further review of consideration of medical furlough. No inmate or anyone acting on the inmate’s behalf shall have the right to seek judicial review.
(Act 2008-550, p. 1193, §6.)
The commissioner may revoke a medical furlough granted pursuant to this chapter at his or her discretion.
(Act 2008-550, p. 1193, §7.)
This chapter shall be known and may be cited as the “Alabama Prisoner Litigation Reform Act.”
(Act 2013-115, p. 231, §1.)
This chapter shall apply to all pro se civil actions for money damages relating to terms and conditions of confinement brought under the laws of this state, or for injunctive, declaratory, or mandamus relief, brought by prisoners incarcerated in any state correctional facility. Nothing in this chapter shall apply to actions brought pursuant to the Alabama Rules of Criminal Procedure or pursuant to Section 15-21-1.
(Act 2013-115, p. 231, §2.)
For purposes of this chapter, the following words shall have the following meanings:
(1) ADMINISTRATIVE REMEDIES. Written policies adopted or approved by the Alabama Department of Corrections and any private company or contractor providing any services within any correctional facility which establish an internal procedure requiring an inmate to file a written complaint to the department, correctional authorities, or any private company or contractor prior to filing a pro se civil action for claims related to the conditions of confinement or the effect of actions by government officials on the lives of prisoners incarcerated in prison.
(2) AVAILABLE. All administrative remedies adopted or approved by the department and any private company or contractor providing any services within any correctional facility which address claims of the kind asserted by the prisoner even if the administrative remedies do not allow the prisoner the particular kind of relief sought.
(3) DEPARTMENT. The Alabama Department of Corrections.
(Act 2013-115, p. 231, §3.)
(a) The department and any private company or contractor providing any services within any correctional facility shall adopt administrative remedies for prisoners. The administrative remedies shall be prominently posted and published to all prisoners.
(b) A prisoner incarcerated by the department may not assert a pro se civil claim under state law until the prisoner exhausts all administrative remedies available. If a prisoner files a pro se civil action in contravention of this section, the court shall dismiss the action without prejudice.
(c) The court shall take judicial notice of administrative remedies adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner pro se civil action if the court is satisfied that the action is any of the following:
a. Frivolous.
b. Malicious.
c. Fails to state a cause of action.
d. Seeks monetary relief from a defendant who is immune from such relief.
e. Fails to state a claim upon which relief can be granted.
(2) If the court makes a determination to dismiss an action based on the content of the petition, the court may dismiss the underlying claim without first exhausting administrative remedies available to the prisoner.
(3) The court, on its own motion, may raise an exception of improper venue and transfer the action to a court of proper venue or dismiss the action.
(e)(1) Any defendant may waive the right to reply to any pro se civil action brought by a person confined by the department or to any prisoner’s pro se civil action. Notwithstanding any other law or rule of procedure, a waiver shall not constitute an admission of the allegations contained in the petition or waive any affirmative defenses available to the defendant.
(2) No relief shall be granted to a plaintiff’s pro se civil action unless an answer has been filed. The court may require any defendant to answer a petition brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.
(f)(1) In any pro se civil action brought with respect to prison conditions by a prisoner confined by the department, to the extent practicable, pretrial proceedings in which the prisoner’s participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which he or she is currently confined.
(2) After providing the parties an opportunity to file supporting and opposing memoranda, a court may rule on exceptions and motions without holding a hearing.
(3) Hearings may be conducted at the facility in which the prisoner is currently confined subject to agreement by the state.
(4) The court shall allow counsel to participate by telephone, video conference, or other telecommunications technology in any hearing held at the facility to the extent practicable.
(g) No pro se civil action by a prisoner may assert a claim under state law for mental or emotional injury suffered while in custody without a prior showing of physical injury.
(h)(1) The pro se civil actions of more than one prisoner may not be consolidated, and a prisoner’s action that is filed or prosecuted pro se may not assert a class action.
(2) If a pro se civil action names more than one plaintiff or asserts a pro se class action, the actions of any plaintiff, other than the first named plaintiff, shall be dismissed without prejudice.
(i) No prisoner may file a petition for writ of certiorari more than one year after the incident or omission complained of or one year after any administrative remedy has been exhausted, whichever comes later.
(Act 2013-115, p. 231, §4.)
(a)(1) A prisoner seeking in forma pauperis status shall provide the court with a certified copy of his or her prisoner money account for the preceding 12 months.
(2) Any prisoner granted leave to proceed in forma pauperis shall repay any filing fees and pay any taxed costs by making monthly installments, until fully paid, equal to 20 percent of the prisoner’s average monthly prisoner money balance for the prior 12 months, or a similarly determined amount if 12 months of account activity is not available.
(3) If the court determines the prisoner has had no deposits in his or her inmate trust account for the preceding 12 months, the court shall permit the prisoner to proceed without paying the filing fee and costs.
(4) In cases where in forma pauperis status is granted, the filing fee of a pro se civil action shall be taxed to the prisoner at the end of the case. The taxing of costs against a non-prevailing prisoner shall be at the court’s discretion.
(5) Any prisoner failing to make any payment when due shall have his or her case dismissed without prejudice.
(b) The court shall deny in forma pauperis status to any prisoner who has had three or more pro se civil actions or appeals dismissed by any federal or state court for being frivolous, malicious, or for failure to state a claim, unless the prisoner shows that he or she is in imminent danger of serious physical injury at the time of filing his or her motion for judgment, or the court determines that it would be manifest injustice to deny in forma pauperis.
(Act 2013-115, p. 231, §5.)
(a) In any pro se action in which any defendant is the State of Alabama or one of its officers, employees, or agents, upon the grant of in forma pauperis status or receipt of the filing fee and costs, the prisoner shall serve the office of the Attorney General with a copy of the motion for judgment and all necessary supporting papers. Additionally, if the pro se action named the department or any of its officials, employees, or agents as a respondent or defendant, the prisoner shall also serve the Legal Division of the department with a copy of the action. Nothing in this chapter shall be construed to eliminate the prisoner’s duty under the Alabama Rules of Civil Procedure to personally serve individual defendants or respondents named as parties.
(b) The office of the Attorney General or the department shall file responsive pleadings within 60 days of receipt of the notice.
(c) A pro se prisoner’s failure to state his or her claims in a written motion for judgment plainly stating facts sufficient to support his or her cause of action, accompanied by all necessary supporting documentation, may be grounds for dismissal of the action.
(Act 2013-115, p. 231, §6.)
(a) Oral argument on any motion in any prisoner pro se civil action shall be heard orally only at the request of the court. Whenever possible, the court shall rule upon the record before it.
(b) No pro se prisoner shall be permitted to request subpoenas for witnesses or documents, or file discovery requests, until the court has ruled upon any motion to dismiss or other dispositive motion.
(c) Where a pro se case proceeds past the initial dispositive motion phase, the court shall require the prisoner seeking discovery to demonstrate that his or her requests are relevant and material to the issues in the case.
(d)(1) No subpoena for witnesses or documents shall be issued unless a judge of the court has reviewed the subpoena request and specifically authorized a subpoena to be issued.
(2) The court shall exercise its discretion in determining the scope of the subpoena and may condition its issuance on such terms as the court finds appropriate.
(3) The court shall take into account the burden placed upon the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.
(Act 2013-115, p. 231, §7.)
(a) All records maintained by the department in the name of an individual prisoner, including medical records, shall be the property of the department.
(b) In any pro se civil action subject to this chapter, where the State of Alabama, an agency of the State of Alabama, an employee of the State of Alabama, or a private contractor providing services to the department is named as a defendant, the commissioner of the department may share any records maintained in the name of the prisoner filing suit with counsel representing the above-named defendants.
(Act 2013-115, p. 231, §8.)
(a) Damages awarded to a prisoner in connection with a pro se civil action brought against any prison or against any official or agent of such prison shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Any remaining amounts shall be forwarded to the prisoner.
(b) Prior to payment of any damages, reasonable efforts shall be made to notify the victims of the crime for which the prisoner was convicted and incarcerated concerning the pending payment of any damages.
(Act 2013-115, p. 231, §9.)
(a) In any civil action with respect to prison conditions, no prisoner release order shall be entered unless both of the following are satisfied:
(1) A court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the right sought to be remedied through the prisoner release order.
(2) The defendant has had a reasonable amount of time to comply with the previous court orders.
(b) In any civil action in state court with respect to prison conditions, a prisoner release order shall be entered by a three-judge court, if the requirements of subsection (f) have been met.
(c) In any action required to be heard and determined by a court of three judges, the composition and procedure of the court shall be as follows:
(1) Upon the filing of a request for three judges, the judge to whom the request is presented shall immediately notify the Chief Justice of the Alabama Supreme Court, who shall designate an active or retired district or circuit judge in good standing, and the presiding judge of the Alabama Court of Criminal Appeals, who shall designate an active or retired district or circuit judge in good standing. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding.
(2) A single judge may conduct all proceedings except the trial and enter all orders permitted by the Rules of Civil Procedure except as provided in this subsection. The judge may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted. An order, unless previously revoked by the circuit judge, shall remain in force only until the hearing and determination by the circuit court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, order a reference, hear and determine any application for a preliminary or permanent injunction or motion to vacate the injunction, or enter judgment on the merits. Any action of a single judge may be reviewed by the full court at any time before final judgment.
(d) A party seeking a prisoner release order in state court shall file with any request for such relief a request for a three-judge court and materials sufficient to demonstrate that the requirements of subsection (a) have been met.
(e) If the requirements under subsection (a) have been met, a judge before whom a civil action with respect to prison conditions is pending who believes that a prison release order should be considered may sua sponte request the convening of a three-judge court to determine whether a prisoner release order should be entered.
(f) The three-judge court shall enter a prisoner release order only if the court finds clear and convincing evidence of both of the following:
(1) Crowding is the primary cause of the violation of a right.
(2) No other relief will remedy the violation of the right.
(g) Any state unit of government whose jurisdiction or function includes the appropriation of funds for the construction, operation, or maintenance of program facilities, or the prosecution or custody of persons who may be released from, or not admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition or continuation in effect of such relief and to seek termination of such relief, and shall have the right to intervene in any proceeding relating to such relief.
(Act 2013-115, p. 231, §10.)
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