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title-15•Title 15 — Criminal Procedure
Any provisions of this title regulating procedure shall apply only if the procedural subject matter is not governed by rules of practice and procedure adopted by the Supreme Court of Alabama.
(a) The presiding judge of a judicial circuit, after consultation with the district attorney for the judicial circuit may provide for reasonable limits on the number of interviews a victim of sexual abuse or exploitation, who is under 12 years of age, must submit to for law enforcement or other purposes. The judge shall, to the extent possible, protect the victim from the psychological damage of repeated interrogation while preserving the rights of the public, the victim, and the person charged with the violation.
(b) The court records of a child under the age of 18 years who is a victim of sexual abuse or exploitation shall not be open to the public, but shall be kept in the same manner as juvenile offender records are kept.
(Acts 1985, No. 85-742, p. 1192.)
(a)(1) If at any stage of a criminal proceeding, protection from abuse proceeding, or juvenile court proceeding or during the juvenile court intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness informs the court that he or she does not speak or adequately understand the English language, the court may appoint an interpreter.
(2) The defendant, juvenile, complainant, petitioner, or witness shall inform the appropriate court of his or her need for an interpreter immediately upon receiving notice to appear in the court.
(3) If the court determines that due process considerations require an interpreter, the court shall appoint a qualified person to interpret the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting assistance. The interpreter shall also interpret the testimony or statements of the defendant, juvenile, complainant, petitioner, or witness, and, where applicable, assist in communications with counsel.
(4) If the court has reason to believe that the defendant, juvenile, complainant, petitioner, or witness requesting an interpreter is capable of speaking and understanding the English language, the court may require that the requestor provide reasonable proof to the court of his or her inability to speak or understand the English language.
(b) Upon appointment, an interpreter shall swear under oath that he or she will render a true and clear interpretation to the best of his or her skill and judgment.
(c) The relations and communications between an appointed interpreter and the requestor are placed on the same basis as those provided by law between attorney and client. Any information obtained by an interpreter from the requestor pertaining to any proceeding then pending shall at all times remain confidential and privileged, unless the requestor expresses a desire that the information be communicated to another person.
(d) An interpreter appointed pursuant to this section shall be entitled to a fee in an amount calculated according to a fee schedule established by the Administrative Director of Courts with the advice and consent of the state Comptroller for his or her services. The fee shall be in addition to actual expenses for travel and transportation. If the interpreter is appointed by a district, circuit, or appellate court the interpreter shall submit his or her expenses to the judge making the appointment for approval. After approval, the clerk of the court shall forward the expenses of the interpreter to the state Comptroller to be paid from the fund within the State General Fund known as “court assessed costs not provided for.” If the interpreter is appointed by another authority, the fee shall be paid out of funds available to that appointing authority. Nothing in this section shall prohibit the court from taxing the costs of the interpreter against one or more of the parties for immediate payment or from requiring reimbursement to the state at a later date.
(e)(1) An individual may become certified as an interpreter after successfully passing an interpretation test created and administered by the Administrative Office of Courts, or an entity approved by the Administrative Office of Courts.
(2) The Administrative Office of Courts may establish a mandatory certification fee, paid by the individual seeking certification, to cover the costs of developing, administering, and grading the interpretation test.
(3) The Administrative Office of Courts may use the funds collected from the certification fee to pay any costs associated with the development, administration, or grading of the interpretation test.
(4) The fees shall be deposited in the State Judicial Administration Fund established in Section 12-19-310.
(Act 2000-277, p. 441, §1; Act 2016-363, p. 905, §1; Act 2023-105, §1.)
Every person, whether an inhabitant of the State of Alabama or of any other state or country, is liable to punishment by the laws of Alabama for an offense committed in the state, except when it is by law exclusively cognizable in the United States courts.
(Code 1852, §392; Code 1867, §3940; Code 1876, §4631; Code 1886, §3703; Code 1896, §4967; Code 1907, §7224; Code 1923, §4890; Code 1940, T. 15, §90.)
Unless otherwise provided by law, the venue of all public offenses is in the county in which the offense was committed.
(Code 1852, §393; Code 1867, §3941; Code 1876, §4632; Code 1886, §3716; Code 1896, §4968; Code 1907, §7225; Code 1923, §4891; Code 1940, T. 15, §91.)
When the commission of an offense commenced in the State of Alabama is consummated without the boundaries of the state, the offender is liable to punishment therefor in Alabama; and venue in such case is in the county in which the offense was commenced, unless otherwise provided by law.
(Code 1852, §395; Code 1867, §3943; Code 1876, §4634; Code 1886, §3718; Code 1896, §4970; Code 1907, §7227; Code 1923, §4893; Code 1940, T. 15, §93.)
When the commission of an offense commenced elsewhere is consummated within the boundaries of the State of Alabama, the offender is liable to punishment in Alabama, although he was out of the state at the commission of the offense charged, if he consummated it in this state through the intervention of an innocent or guilty agent or by any other means proceeding directly from himself; and venue in such case is in the county in which the offense was consummated, unless otherwise provided by law.
(Code 1852, §394; Code 1867, §3942; Code 1876, §4633; Code 1886, §3717; Code 1896, §4969; Code 1907, §7226; Code 1923, §4892; Code 1940, T. 15, §92.)
When property is stolen elsewhere and brought into the State of Alabama, venue is in any county into which the property is brought.
(Code 1852, §399; Code 1867, §3947; Code 1876, §4638; Code 1886, §3722; Code 1896, §4974; Code 1907, §7231; Code 1923, §4897; Code 1940, T. 15, §97.)
When an offense is committed partly in one county and partly in another or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, venue is in either county.
(Code 1852, §396; Code 1867, §3944; Code 1876, §4635; Code 1886, §3719; Code 1896, §4971; Code 1907, §7228; Code 1923, §4894; Code 1940, T. 15, §94.)
When an offense is committed on the boundary of two or more counties or within a quarter of a mile thereof or when it is committed so near the boundary of two counties as to render it doubtful in which the offense was committed, venue is in either county.
(Code 1852, §397; Code 1867, §3945; Code 1876, §4636; Code 1886, §3720; Code 1896, §4972; Code 1907, §7229; Code 1923, §4895; Code 1940, T. 15, §95.)
For the offenses specified in Sections 13-1-20, 13-1-21, 13-1-22 or 13-1-23, venue is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense.
(Code 1852, §398; Code 1867, §3946; Code 1876, §4637; Code 1886, §3721; Code 1896, §4973; Code 1907, §7230; Code 1923, §4896; Code 1940, T. 15, §96.)
When property is stolen in one county and carried into another, venue is in either county.
(Code 1852, §400; Code 1867, §3948; Code 1876, §4639; Code 1886, §3723; Code 1896, §4975; Code 1907, §7232; Code 1923, §4898; Code 1940, T. 15, §98.)
(a) Any person charged with an indictable offense may have his trial removed to another county, on making application to the court, setting forth specifically the reasons why he cannot have a fair and impartial trial in the county in which the indictment is found. The application must be sworn to by him and must be made as early as practicable before the trial, or it may be made after conviction upon a new trial being granted.
(b) The refusal of such application may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment on the application as it may deem right without any presumption in favor of the judgment or ruling of the lower court on such application.
(c) If the defendant is in confinement, the application may be heard and determined without the personal presence of the defendant in court.
(Code 1852, §654; Code 1867, §4206; Code 1876, §4911; Code 1886, §4485; Code 1896, §5309; Code 1907, §7851; Acts 1909, No. 205, p. 212; Code 1923, §5579; Code 1940, T. 15, §267.)
On his own motion, a trial judge may, with the consent of the defendant, direct and order a change of venue as is authorized in Section 15-2-20 whenever, in his judgment, there is danger of mob violence, and it is advisable to have a military guard to protect the defendant from mob violence.
(Code 1923, §5580; Code 1940, T. 15, §268.)
When an application for a change of venue is presented to the court, the judge shall have authority to, and may, direct the issue of subpoenas for such number of witnesses for either the defendant or the state as he may deem just and proper to appear before the court on the hearing of such application to testify as to the facts concerning the issues made by such application. The number and names of such witnesses shall be subject to the control and discretion of the court, and the costs are to be taxed as provided in Section 12-19-233. This section shall not prevent the presentation of facts by affidavit.
(Code 1907, §7855; Code 1923, §5584; Code 1940, T. 15, §272.)
When the defendant is charged with a misdemeanor, upon granting a change of venue, the court may provide that witnesses for the prosecution may be examined on interrogatories on such terms as the court may prescribe.
(Code 1852, §656; Code 1867, §4208; Code 1876, §4913; Code 1886, §4487; Code 1896, §5311; Code 1907, §7853; Code 1923, §5582; Code 1940, T. 15, §270.)
When a change of venue is authorized, the trial must be removed to the nearest county free from exception, and it can be removed but once.
(Code 1852, §655; Code 1867, §4207; Code 1876, §4912; Code 1886, §4486; Code 1896, §5310; Code 1907, §7852; Code 1923, §5581; Code 1940, T. 15, §269.)
When an order for the removal of a trial is made, the clerk of court must make out a transcript of all the entries, orders and proceedings in the case, including the organization of the grand jury, the indictment, the endorsements thereon, all the entries relating thereto, the undertakings or recognizances of the defendant, all the orders and judgments thereon and the order for the removal of the trial. He must attach his certificate thereto and forward the package under seal by a special messenger, by express, by registered or certified mail or deliver it in person to the clerk of the court to which the trial is ordered to be removed. He must also enclose in the package and forward or deliver in the same manner the original subpoenas in the case.
(Code 1852, §657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907, §7854; Code 1923, §5583; Code 1940, T. 15, §271.)
The defendant must be tried in the court to which the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and such court may, if necessary and on a proper showing, order the clerk of the court in which the indictment was found to correct any mistake in the transcript or to certify any portion of the record which he may have omitted.
(Code 1852, §659; Code 1867, §4211; Code 1876, §4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940, T. 15, §274.)
At any time before the delivery of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses must be issued, on the application of either the defendant or the district attorney, by the clerk of the court in which the indictment was found, commanding such witnesses to appear at the court to which the trial is removed, which subpoenas must be executed by the sheriff and returned to the clerk of the latter court; and the clerk of the court to which the trial is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313; Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)
Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense.
(Code 1852, §403; Code 1867, §3951; Code 1876, §4643; Code 1886, §3710; Code 1896, §5070; Code 1907, §7346; Code 1923, §4930; Code 1940, T. 15, §221; Act 2014-348, p. 1293, §1.)
Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense.
(Code 1852, §404; Code 1867, §3952; Code 1876, §4644; Code 1886, §3711; Code 1896, §5071; Code 1907, §7347; Code 1923, §4931; Code 1940, T. 15, §222.)
A prosecution for conversion of the state or county revenue must be commenced within six years after the conversion.
(Code 1876, §4641; Code 1886, §3708; Code 1896, §5068; Code 1907, §7345; Code 1923, §4929; Code 1940, T. 15, §220.)
A prosecution for unlawfully taking or using temporarily the property of another must be commenced within 30 days after the commission of the offense.
(Code 1886, §3713; Code 1896, §5073; Code 1907, §7349; Code 1923, §4933; Code 1940, T. 15, §224.)
(a) There is no limitation of time within which a prosecution must be commenced for any of the following offenses:
(1) Any capital offense.
(2) Any felony involving the use, attempted use, or threat of, violence to a person.
(3) Any felony involving serious physical injury or death of a person.
(4) Any sex offense pursuant to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves force, serious physical injury, or death.
(5) Any felony involving arson of any type.
(6) Any felony involving forgery of any type.
(7) Any felony involving counterfeiting.
(8) Any felony involving drug trafficking.
(b) The amendments made by this act shall apply to both of the following:
(1) To all crimes committed after January 7, 1985.
(2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985.
(c) Nothing herein shall be construed to mean that the adoption of this act indicates that any former statute of limitations applying to capital offenses is invalid as the result of any decision of any court invalidating the capital punishment statutes of the State of Alabama.
(Code 1852, §401; Code 1867, §3949; Code 1876, §4640; Code 1886, §3707; Code 1896, §5067; Code 1907, §7344; Code 1923, §4928; Code 1940, T. 15, §219; Acts 1984, 2nd Ex. Sess., No. 85-14, p. 16, §§1, 2, 4; Act 2019-465, §1.)
When an indictment is lost, mislaid or destroyed, when a judgment is arrested or an indictment quashed for any defect therein, for the reason that it was not found by a grand jury regularly organized, because it charged no offense or for any other cause or when the prosecution is dismissed because of a variance between the allegations of the indictment and the evidence and a new indictment is ordered to be preferred, the time elapsing between the preferring of the first charge or indictment and the subsequent indictment must be deducted from the time limited for the prosecution of the offense last charged.
(Code 1852, §597; Code 1867, §4147; Code 1876, §4820; Code 1886, §3715; Code 1896, §5075; Code 1907, §7351; Code 1923, §4935; Code 1940, T. 15, §226.)
A prosecution may be commenced within the meaning of this chapter by finding an indictment, the issuing of a warrant or by binding over the offender.
(Code 1852, §406; Code 1867, §3954; Code 1876, §4646; Code 1886, §3714; Code 1896, §5074; Code 1907, §7350; Code 1923, §4934; Code 1940, T. 15, §225.)
Any act or omission declared criminal and punishable in different ways by different provisions of law shall be punished only under one of such provisions, and a conviction or acquittal under any one shall bar a prosecution for the same act or omission under any other provision.
(Code 1923, §5204; Code 1940, T. 15, §287.)
(a) When a coroner has been informed that a person has been killed or suddenly died under such circumstances as to afford a reasonable ground for belief that such death has been occasioned by the act of another by unlawful means, he must forthwith make inquiry of the facts and circumstances of such death by taking the sworn statement in writing of the witnesses having personal knowledge thereof and submit the same to a judge of a court of record or a district attorney.
(b) If, upon such preliminary inquiry, the judge or district attorney is satisfied from the evidence that there is reasonable ground for believing that such death has been occasioned by the act of another by unlawful means, he must direct the coroner to forthwith summon a jury of six qualified jurors of the county to appear before him forthwith at a specified place and inquire into the cause of such death; but no person shall be liable to serve as a juror more than one time during any one year, and no person shall be paid compensation for services as a juror on more than one inquest during any one year.
(c) When five or more of the jurors appear, they must be sworn to inquire who the person was and when, where and by what means he came to his death, and to render a true verdict thereon according to the evidence offered them or arising from the inspection of the body.
(Code 1852, §§812, 813; Code 1867, §§4363, 4364; Code 1876, §§3991, 3992; Code 1886, §§4801, 4802; Code 1896, §§4924, 4925; Code 1907, §§7162, 7163; Acts 1911, No. 18, p. 13; Code 1923, §§4557, 4558; Code 1940, T. 15, §§76, 77.)
(a) When a coroner has been informed that a person is dead in the county and that such person died without being attended or examined by a legally qualified physician, the coroner shall forthwith proceed to the place where the dead person is lying, examine the dead body to ascertain the cause of death and report same in the same manner as inquests are reported.
(b) When a coroner is unable to determine the cause of death, he may summon any physician or surgeon, who shall make an external postmortem examination of the dead body and report his opinion of the cause of death to the coroner in writing.
(c) If the surgeon or physician is unable to determine the cause of death from an external postmortem examination and the coroner has reasonable cause to believe that deceased came to his death by unlawful means, the coroner may in such cases order any physician or surgeon to perform an autopsy or internal examination on the dead body, and report the findings of such autopsy to the coroner in writing.
(Code 1852, §814; Code 1867, §4365; Code 1876, §3993; Code 1886, §4803; Code 1896, §4926; Code 1907, §7164; Acts 1911, No. 40, p. 22; Code 1923, §4550; Acts 1927, No. 445, p. 497; Code 1940, T. 15, §78.)
In an inquest under this chapter, the coroner may issue subpoenas for witnesses returnable forthwith or at such time and place as he may appoint. He must summon and examine as a witness any person who, in his opinion or that of any of the jury, has any knowledge of the facts; and he may also summon as a witness a surgeon or physician who must inspect the body in the presence of the jury and give a professional opinion as to the cause of death.
(Code 1852, §814; Code 1867, §4365; Code 1876, §3993; Code 1886, §4803; Code 1896, §4926; Code 1907, §7164; Acts 1911, No. 40, p. 22; Code 1923, §4550; Acts 1927, No. 445, p. 497; Code 1940, T. 15, §78.)
(a) In an inquest under this chapter, the sheriff or any constable must serve subpoenas for witnesses or they may be served by the coroner.
(b) If any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his default, sign his name thereto and return the same to the clerk of the circuit court of the county within five days thereafter, and such witness must be proceeded against in such court, in the name of the state, as if he were a defaulter therein, the endorsement of the coroner being presumptive evidence of the default.
(Code 1852, §815; Code 1867, §4366; Code 1876, §3994; Code 1886, §4804; Code 1896, §4927; Code 1907, §7165; Code 1923, §4560; Code 1940, T. 15, §79.)
In an inquest under this chapter, any witness who refuses to answer any question in relation to the cause of death, except on the ground that it may criminate himself, is guilty of a misdemeanor and must be committed to jail by the coroner, unless he gives bail in the sum of $500.00 to appear at the circuit court and answer such offense, and, on conviction thereof, shall be fined not less than $200.00 nor more than $500.00, and may be imprisoned not exceeding three months.
(Code 1852, §816; Code 1867, §4367; Code 1876, §3995; Code 1886, §4805; Code 1896, §4928; Code 1907, §7166; Code 1923, §4561; Code 1940, T. 15, §80.)
Coroners shall have the right to administer oaths to persons on preliminary examinations provided for by this chapter.
(Code 1876, §4004; Code 1886, §4806; Code 1896, §4929; Code 1907, §7167; Code 1923, §4562; Code 1940, T. 15, §81.)
After inspecting the body and hearing the evidence, a jury summoned under this chapter must render its verdict and certify it by an inquisition in writing signed by it, setting forth who the person is and when, where and by what means he came to his death and, if the death was occasioned by the act of another by unlawful means, who is guilty thereof; but if the person, means or manner of his death or the person by whose act he came to his death are not discovered by the evidence, the inquisition must so state, and if there is no evidence tending to show that the deceased came to his death by the unlawful act of another, the inquisition must also state that fact.
(Code 1852, §817; Code 1867, §4368; Code 1876, §3996; Code 1886, §4807; Code 1896, §4930; Code 1907, §7168; Code 1923, §4563; Code 1940, T. 15, §82.)
(a) An inquisition taken under this chapter must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit court of the county.
(b) The coroner must also require all the material witnesses to enter into an undertaking to appear at the circuit court, if in session, or, if not, at the next session thereof; he may require surety to such undertaking and, on the failure of a witness to enter therein, may commit him until he enters into the same.
(Code 1852, §818; Code 1867, §4369; Code 1876, §3997; Code 1886, §4808; Code 1896, §4931; Code 1907, §7169; Code 1923, §4564; Code 1940, T. 15, §83.)
(a) If a jury summoned under this chapter finds that the deceased came to his death by the act of another by unlawful means, the coroner may issue a warrant of arrest for such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which the inquest was held, and the district court judge must proceed to examine the charge and commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of such chapter.
(Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809; Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)
(a) Within 30 days after an inquest on a dead body, the coroner must deliver to the county treasurer any money or other property which may be found on the body, unless claimed in the meantime by the legal representatives of the deceased. If he fails to do so, the treasurer may proceed against him for the amount or value thereof, on 10 days’ notice to him and his sureties, or against any of them served therewith and recover the same, with 20 percent damages on the amount or value thereof.
(b) Upon the receipt of the money by the treasurer, he must place it to the credit of the county. If it is other property, he must sell it within three months at the courthouse of the county at public auction, upon reasonable public notice, and in like manner must place the proceeds to the credit of the county.
(c) If such money in the treasury is demanded in six years by the legal representatives of the deceased, the treasurer must pay it to them, after deducting the fees of the coroner, expenses of sale and five percent on the balance for the treasurer, or it may be paid at any time thereafter upon the order of the county commission.
(Code 1852, §§820-822; Code 1867, §§4371-4373; Code 1876, §§3999-4001; Code 1886, §§4810-4812; Code 1896, §§4933-4935; Code 1907, §§7171-7173; Code 1923, §§4566-4568; Code 1940, T. 15, §§85-87.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §823; Code 1867, §4374; Code 1876, §4002; Code 1886, §4813; Code 1896, §4936; Code 1907, §7174; Code 1923, §4569; Code 1940, T. 15, §88.)
A “search warrant” is an order in writing in the name of the state signed by a judge, or by a magistrate authorized by law to issue search warrants, and directed to the sheriff or to any constable of the county, commanding him to search for personal property and bring it before the court issuing the warrant.
(Code 1852, §825; Code 1867, §4376; Code 1876, §4005; Code 1886, §4727; Code 1896, §5484; Code 1907, §7757; Code 1923, §5471; Code 1940, T. 15, §100.)
A search warrant may be issued on any one of the following grounds:
(1) Where the property was stolen or embezzled;
(2) Where it was used as the means of committing a felony; or
(3) Where it is in the possession of any person with the intent to use it as a means of committing a public offense or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its discovery.
(Code 1852, §826; Code 1867, §4377; Code 1876, §4006; Code 1886, §4728; Code 1896, §5485; Code 1907, §7758; Code 1923, §5742; Code 1940, T. 15, §101.)
A search warrant can only be issued on probable cause, supported by an affidavit naming or describing the person and particularly describing the property and the place to be searched.
(Code 1852, §827; Code 1867, §4378; Code 1876, §4007; Code 1886, §4729; Code 1896, §5486; Code 1907, §7759; Code 1923, §5473; Code 1940, T. 15, §102.)
Before issuing a search warrant, a judge, or magistrate authorized by law to issue search warrants, must examine on oath the complainant and any witness he may produce, take their depositions in writing and cause them to be subscribed by the persons making them. Such depositions must set forth facts tending to establish the grounds of the application or probable cause for believing that they exist.
(Code 1852, §§828, 829; Code 1867, §§4379, 4380; Code 1876, §§4008, 4009; Code 1886, §4730; Code 1896, §5487; Code 1907, §7760; Code 1923, §5474; Code 1940, T. 15, §103.)
If the judge or the magistrate is satisfied of the existence of the grounds of the application or that there is probable ground to believe their existence, he must issue a search warrant signed by him and directed to the sheriff or to any constable of the county, commanding him forthwith to search the person or place named for the property specified and to bring it before the court issuing the warrant.
(Code 1852, §830; Code 1867, §4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923, §5475; Code 1940, T. 15, §104.)
A search warrant may be substantially in the following form: The State of Alabama, }To the sheriff or any constable of____________ County} __________ County.
Proof by affidavit having this day been made before me by A. B., that, (stating the particular ground on which the warrant issued out; or, if the affidavits are not positive, that there is probable ground for believing that, etc.); you are, therefore, commanded in the daytime (or at any time of the day or night, as the case may be) to make immediate search on the person of C. D. (or in the house of C. D., as the case may be), for the following property: (particularly describing it); and if you find the same, or any part thereof, to bring it forthwith before me at, etc., (stating place).
Dated the _____ day of ___, 20
(Signed) E. F., Judge, or Magistrate, as the case may be.”
(Code 1852, §831; Code 1867, §4382; Code 1876, §4011; Code 1886, §4732; Code 1896, §5489; Code 1907, §7762; Code 1923, §5476; Code 1940, T. 15, §105.)
A search warrant may be executed by any one of the officers to whom it is directed, but by no other person except in aid of such officer at his request, he being present and acting in its execution.
(Code 1852, §832; Code 1867, §4383; Code 1876, §4013; Code 1886, §4733; Code 1896, §5490; Code 1907, §7763; Code 1923, §5477; Code 1940, T. 15, §106.)
In cases in which the property to be seized does not include a controlled substance, a search warrant must be executed in the daytime unless the affidavits state positively that the property is on the person or in the place to be searched, in which case it may be executed at any time of the day or night. Except in cases in which the property to be seized includes a controlled substance, the issuing judge or magistrate must state in the warrant, according to the character of the affidavits, whether it is to be executed by day or at any time of the day or night. In cases in which the property to be seized includes a controlled substance, a warrant may be executed at any time of the day or night.
(Code 1852, §833; Code 1867, §4384; Code 1876, §4013; Code 1886, §4734; Code 1896, §5491; Code 1907, §7764; Code 1923, §5478; Code 1940, T. 15, §107; Acts 1987, No. 87-611, p. 1061, §2.)
To execute a search warrant, an officer may break open any door or window of a house, any part of a house or anything therein if after notice of his authority and purpose he is refused admittance.
(Code 1852, §834; Code 1867, §4385; Code 1876, §4014; Code 1886, §4735; Code 1896, §5492; Code 1907, §7765; Code 1923, §5479; Code 1940, T. 15, §108.)
(a) When a search warrant is sued out on the ground specified in subdivision (1) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of any person by whom it was stolen or embezzled or from any other person in whose possession it may be.
(b) When a search warrant is sued out on the ground specified in subdivision (2) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of the person by whom it was so used or from any other person in whose possession it may be.
(c) When a search warrant is sued out on the ground specified in subdivision (3) of Section 15-5-2, the property may be taken under the warrant from the possession of such person, from any house or other place occupied by him or under his control or from the possession of the person to whom he may so have delivered it.
(Code 1852, §835; Code 1867, §4386; Code 1876, §4015; Code 1886, §4736; Code 1896, §5493; Code 1907, §7766; Code 1923, §5480; Code 1940, T. 15, §109.)
When an officer takes property under a search warrant, he must give a receipt to the person from whom it was taken or in whose possession it was found if required.
(Code 1852, §836; Code 1867, §4387; Code 1876, §4016; Code 1886, §4737; Code 1896, §5494; Code 1907, §7767; Code 1923, §5481; Code 1940, T. 15, §110.)
A search warrant must be executed and returned to the judge or the magistrate by whom it was issued within 10 days after its date; if not executed after such time, it is void.
(Code 1852, §837; Code 1867, §4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code 1907, §7768; Code 1923, §5482; Code 1940, T. 15, §111.)
In his return of a search warrant to the judge or the magistrate, the officer serving such must specify with particularity the property taken, and the applicant for the warrant and the persons from whose possession the property was taken are entitled to a copy of the return, signed by the judge or the magistrate.
(Code 1852, §838; Code 1867, §4389; Code 1876, §4018; Code 1886, §4739; Code 1896, §5496; Code 1907, §7769; Code 1923, §5483; Code 1940, T. 15, §112.)
When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his title and the payment by him of all fees. If the warrant was issued on the grounds specified in subdivisions (2) and (3) of Section 15-5-2, the officer effecting the warrant must retain the property in his possession, subject to the order of the court to which he is required to return the proceedings or of the court in which the offense is triable in respect to which the property was taken.
(Code 1852, §839; Code 1867, §4390; Code 1876, §4019; Code 1886, §4740; Code 1896, §5497; Code 1907, §7770; Code 1923, §5484; Code 1940, T. 15, §113.)
If the grounds on which a search warrant was issued be controverted, the judge or the magistrate must proceed to hear the testimony, which must be reduced to writing and authenticated in the manner prescribed in Section 15-5-4.
(Code 1852, §840; Code 1867, §4391; Code 1876, §4020; Code 1886, §4741; Code 1896, §5498; Code 1907, §7771; Code 1923, §5485; Code 1940, T. 15, §114.)
(a) If it appears that the property taken is not the same as that described in a search warrant or that there is no probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be restored to the person from whom it was taken.
(b) If the property is not directed to be restored under the provisions of subsection (a) of this section, the judge or the magistrate shall annex together the search warrant, the return and the depositions and return them to the court having power to inquire into the offense in respect to which the search warrant was issued.
(Code 1852, §§841, 842; Code 1867, §§4392, 4393; Code 1876, §§4021, 4022; Code 1886, §§4742, 4743; Code 1896, §§5499, 5500; Code 1907, §§7772, 7773; Code 1923, §§5486, 5487; Code 1940, T. 15, §§115, 116.)
When a person charged with a felony is supposed by the judge or the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the judge or the magistrate may direct him to be searched in his presence and such weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried.
(Code 1852, §844; Code 1867, §4395; Code 1876, §4024; Code 1886, §4745; Code 1896, §5502; Code 1907, §7775; Code 1923, §5489; Code 1940, T. 15, §118.)
The complainant must pay the fees of a search warrant before he is entitled to the same, and must also pay the officer his fees for the execution before the same is executed; and if, on the hearing, it appears that there was no probable cause for believing the existence of the grounds on which the warrant was issued, the whole costs may be taxed against the complainant and an execution issued therefor, returnable on any day the judge or the magistrate may direct.
(Code 1852, §843; Code 1867, §4394; Code 1876, §4023; Code 1886, §4744; Code 1896, §5501; Code 1907, §7774; Code 1923, §5488; Code 1940, T. 15, §117.)
Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §43; Code 1867, §3584; Code 1876, §4141; Code 1886, §4011; Code 1896, §5483; Code 1907, §7756; Code 1923, §5470; Code 1940, T. 15, §99.)
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.
(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)
When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
(Acts 1966, Ex. Sess., No. 157, p. 183, §2.)
(a) The definitions, prohibitions, authorizations, and procedures regarding access to stored wire and electronic communications and transactional records and the installation or use of pen registers or trap and trace devices shall be adopted and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may hereafter be amended.
(b) Emergency pen registers and trap and trace devices may be installed pursuant to the provisions of the federal law defined in Title 18, United States Code, Section 3125, as it may hereafter be amended, provided the investigative or law enforcement officer declaring the emergency has been specially authorized and designated in writing by the Attorney General, district attorney, or city attorney, if authorized to prosecute felony offenses, with prosecuting jurisdiction over the offense, investigation, defendant, or provider of wire or electronic communications service whose assistance is required.
(c) An emergency declared or order issued under the combined authority of the provisions of federal law defined at Chapters 121 and 206 of Title 18, United States Code, Sections 2701-2712 and 3121-3127, may authorize disclosure of call-identifying addressing, routing, or signaling information that may disclose the physical location of the subscriber, customer, or user of a wire or electronic communications service.
(d) An emergency may be declared in those situations involving the disappearance of an individual, the report of a runaway child, or report of a missing person for which no criminal charge may be readily apparent but where the individual may be in danger based on, but not limited to, the age, physical condition, or circumstances surrounding the disappearance of the individual. The situation will authorize the installation of pen registers and trap and trace devices and disclosure of call-identifying addressing, routing, or signaling information that may disclose the physical location of the subscriber, customer, or user of a wire or electronic communications service.
(e) Orders or search warrants, or both, issued pursuant to this section are expressly allowed to be prospective in nature and these orders or search warrants, or both, are allowed to be executed during the day and night. Further, an inventory of the information obtained pursuant to an order or search warrant issued pursuant to this section related to electronic storage media or the seizure or copying of electronically stored information may be limited to describing the physical storage media that was seized or copied. Within 10 days after the expiration of the order or search warrant issued pursuant to this section, law enforcement must return the order or search warrant to the judge designated in the order or search warrant, and, if unavailable, to another judge with jurisdiction.
(Act 2012-503, p. 1482, §1.)
(a) Any circuit or district court judge in this state is authorized to issue a warrant to install a tracking device. The term tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object.
(b) Upon the written application, under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure 1.4, district attorney, or Attorney General of the state, including assistant and deputy district attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device. The warrant application shall do all of the following:
(1) State facts sufficient to show probable cause that a crime is being, has been, or is about to be committed in the jurisdiction of the issuing judge.
(2) Identify the person, if reasonably determinable, or object, or both, that is, was, or will be involved in the commission of the alleged offense.
(3) Describe, with particularity, the item or person, or both, to be tracked by use of a tracking device.
(c)(1) A warrant for a tracking device shall identify the person, if reasonably determinable, or the object to be tracked, or both, and specify a reasonable length of time that the tracking device may be used, not to exceed 45 days from the date that the warrant was issued unless the issuing judge grants one or more extensions for a reasonable time not to exceed 45 days each, based on new, renewed, or ongoing probable cause.
(2) The warrant shall include the authorization for access to and into the object that will be tracked and any building, dwelling, structure, or curtilage in which the object is located for the limited purpose of installing the tracking device or for maintenance, repair, or retrieval of the tracking device. The warrant shall state that the tracking device may be installed, repaired, maintained, or retrieved at any time during the day or night. However, access to and into any building, dwelling, structure, or curtilage in which the object is located shall be limited to the daytime unless the affidavit sets out that the purpose of the tracking device is to investigate a crime involving a controlled substance, an explosive device or material used or to be used in creating an explosive device, or chemical, biological, or nuclear materials used or to be used in creating an explosive device or a weapon of mass destruction, or an emergency situation involving danger to a person, at which point access to and into any building, dwelling, structure, or curtilage in which the object is located may be allowed at any time of the day or night. The time of day for access to and into any building, dwelling, structure, or curtilage shall be set out in the warrant. The device may be monitored at any time of the day or night.
(3) The warrant shall command the officer to do all of the following:
a. Install the tracking device upon the person or object to be tracked while the person or object is within the jurisdiction of the judge issuing the warrant.
b. Complete the installation within 10 days from the date the warrant is issued.
c. Require that the law enforcement officer make a written return of the warrant within 10 days after the use of the tracking device has ceased, and the device removed if possible, to the judge issuing the warrant or other authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available setting out the time period or time periods that surveillance occurred. If the device was not able to be removed, require an explanation as to why the device was not removed.
(d) The law enforcement officer executing the warrant shall do all of the following:
(1) Enter on the warrant the date and time the device was installed and the period during which it was used.
(2) Within 10 days after the use of the tracking device has ended, return the warrant with a copy of the inventory that sets out the time period for which the tracking device was active, a statement that the device was removed, or an explanation as to why the device was not removed, to be listed on the inventory, to the issuing judge or other authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available, and serve a copy of the warrant on the person who was tracked or whose property was tracked. Service may be accomplished by delivering a copy of the warrant to the person who was tracked or whose property was tracked, leaving a copy at that person’s residence or usual place of abode with an individual of suitable age and discretion who resides at that location, or mailing a copy to the person’s last known address. Upon request of the state, the judge may delay notice as provided in subsection (f).
(e) The law enforcement officers involved in the investigation shall retrieve or cause to be retrieved the tracking device as soon as it is practicable prior to the expiration of the warrant. If retrieval is not practicable, monitoring of the mobile tracking device shall cease on expiration of the warrant.
(f) With respect to a warrant issued pursuant to this section, notice to the person who was tracked or whose property was tracked may be delayed upon the request of the applicant if the following applies:
(1) The court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result. An adverse result means any of the following:
a. Endangerment to the life or physical safety of an individual.
b. Flight from prosecution.
c. Destruction of or tampering with evidence.
d. Intimidation of potential witnesses.
e. Any occurrence that would otherwise seriously jeopardize an investigation or unduly delay a trial.
(2) The warrant provides that notice shall be given within a reasonable period not to exceed 90 days after the date the warrant was returned to the issuing judge or authorized judge in the jurisdiction where the warrant was issued if the issuing judge is not available. The delay may be extended by the court if the court determines that there is a continuous finding of an adverse result, subject to the condition that an extension shall only be granted upon an updated showing of the need for further delay. Each additional delay shall be limited to a period of 90 days or less, unless the facts of the case justify a longer period, provided, however, that the delayed notification shall be no later than the date of arrest of the individual who was tracked or whose property was tracked if the arrest is based wholly or in part upon the results of the tracking device or other information discovered as part of the investigation in which the tracking device was used.
(g) The warrant shall direct that the affidavit, application, warrant, inventory, and return be sealed until notice is given to the person who was tracked or whose property was tracked.
(h) If an authorized judge issues a warrant for a tracking device in accordance with this section, the device shall be installed in any county within the jurisdiction of the issuing judge.
(i) Upon obtaining a warrant for a tracking device or any other electronic device for which location information may be obtained as authorized by Section 15-5-40, the device may be monitored from, or information regarding the device obtained while in, any location within this state regardless of the location of the device itself, even if the device is transported throughout or outside of this state, unless otherwise prohibited by federal law.
(Act 2016-340, §1.)
(a) This section shall be known and cited as the Kelsey Smith Act.
(b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules of Criminal Procedure, who is on duty and acting in the course of his or her official duties at the time of the request, a wireless communications service provider shall provide call location information concerning the telecommunications device of a user to the requesting law enforcement officer as soon as practicable after receipt of the request and after a showing that an emergency situation exists at the time of the request by the law enforcement officer.
(c) A law enforcement officer shall not request information pursuant to this section unless the request is made for the specific purpose of responding to a call for emergency services or in an emergency situation that involves the risk or threat of death or serious physical harm.
(d) A wireless communications service provider may establish protocols by which the carrier voluntarily discloses call location information.
(e) A wireless communications service provider, or any employee thereof, that provides information regarding call location information is immune from civil and criminal liability if acting in a reasonable manner and pursuant to this section.
(f) Pursuant to this section or as authorized by Section 15-5-40, a law enforcement officer, while located in the State of Alabama may monitor or obtain the location information of a device from a wireless communications provider no matter the location of the device, even if such device is transported throughout or outside of the State of Alabama, subject to any limitation or prohibition provided by federal law.
(g) The Alabama State Law Enforcement Agency may obtain contact information from all wireless service providers authorized to do business in this state to facilitate a request from a law enforcement agency for call location information under this section. The Alabama State Law Enforcement Agency shall disseminate the contact information to each state and local law enforcement agency in this state.
(h) The provisions of 18 U.S.C. §2707, as adopted by Section 15-5-40, may be applicable to this section as the person making the request, in addition to any other appropriate law or rule.
(i) All such requests pursuant to this section shall either be in writing and signed by the requesting law enforcement officer, or, if made orally, the request shall be documented at the earliest possible time thereafter and signed by the requesting law enforcement officer. The original request or documented request, or a copy thereof, shall be retained by the custodian of records for the law enforcement agency where the requesting law enforcement officer is employed. The documentation shall not be destroyed and shall be held as a permanent record. The open records requirements of Section 36-12-40, shall apply only to the name of the law enforcement officer making the request and the date the request was made, and only after the conclusion of the criminal investigation or criminal prosecution. All requests retained pursuant to this section shall be available to the Attorney General, the Secretary of the Alabama State Law Enforcement Agency, or the local district attorney at any time.
(Act 2017-398, §1.)
This article shall be known and may be cited as the Alabama Comprehensive Criminal Proceeds Forfeiture Act.
(Act 2014-306, p. 1103, §1.)
(a) Any property, proceeds, or instrumentality of every kind, used or intended for use in the course of, derived from, or realized through the commission of a felony offense, as defined in this article, or a misdemeanor offense under Article 3, Chapter 12, Title 13A, relating to prostitution offenses, or as inducement or attempt or conspiracy to commit such offenses, is subject to civil forfeiture.
(b) This article does not apply to or limit forfeiture under Sections 20-2-93, 13A-11-84, 13A-12-30, or 13A-12-198.
(Act 2014-306, p. 1103, §2; Act 2016-282, §8.)
For the purposes of this article, the following words shall have the following meanings:
(1) FELONY OFFENSE. Any act that could be charged as a felony criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent proceeding began at the time the forfeiture was initiated.
(2) FINANCIAL INSTITUTION. A bank, credit union, or savings and loan association.
(3) INNOCENT OWNER. A bona fide purchaser or lienholder of property that is subject to forfeiture, including any of the following:
a. A person who has a valid claim, lien, or other interest in the property seized who did not know or consent to the conduct that caused the property to be forfeited, seized, or abandoned under subdivision (1) of Section 15-5-63.
b. A person who did not participate in the commission of a crime or delinquent act giving rise to the forfeiture.
c. A victim of an alleged criminal offense.
(4) INSTITUTED PROMPTLY. The filing by the district attorney or prosecutorial entity of a civil in rem proceeding in a court of competent jurisdiction within 42 days of seizure, unless good cause is shown for delay.
(5) INSTRUMENTALITY. Property otherwise lawful to possess that is used in or intended to be used in a criminal offense. The term includes, but is not limited to, a firearm, a mobile instrumentality, a computer, a computer network, a computer system, computer software, a telecommunications device, money, or any other means of exchange.
(6) LAW ENFORCEMENT AGENCY. Any municipal, county, or state agency the personnel of which have the power of arrest and to perform law enforcement functions, including prosecutorial entities.
(7) PROCEEDS. Includes both of the following:
a. In cases involving unlawful goods, services, or activities, proceeds includes any property derived directly or indirectly from an offense. The term includes, but is not limited to, money or any other means of exchange. The term is not limited to the net gain or profit realized from the offense.
b. In cases involving lawful goods or services that are sold or provided in an unlawful manner, proceeds are the amount of money or other means of exchange acquired through the illegal transaction resulting in the forfeiture, less the direct costs lawfully incurred in providing the goods or services. The lawful costs deduction does not include any part of the overhead expenses of, or taxes paid by, the entity providing the goods or services. The alleged offender or delinquent has the burden to prove that any costs are lawfully incurred.
(8) PROPERTY. Any real or personal property and any benefit, privilege, claim, position, interest in an enterprise, or right derived, directly or indirectly, from the criminal offense.
(Act 2014-306, p. 1103, §3.)
The state must prove to the court’s reasonable satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended to be used in, or derived from, a felony offense. Except as provided otherwise in this article, the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290, inclusive, except for the following:
(1) An innocent owner’s or bona fide lienholder’s interest in any type of property shall not be forfeited under this article for any act or omission unless the state proves that the act or omission was committed or omitted with the knowledge or consent of that owner or lienholder.
(2) The state may stipulate that the interest of an innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court exercising jurisdiction over the forfeiture action and the filing of the stipulation shall constitute an admission by the state that the interest is exempt from forfeiture. If a stipulation is submitted, no further claim, answer, or pleading shall be required of the stipulated innocent owner or lienholder, and a judgment shall be entered exempting that interest from forfeiture.
(3) If an answer is filed within 30 days of service by an innocent owner or bona fide lienholder requesting an expedited hearing, the court may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property or proceeds exists. The hearing shall be held within 60 days of the filing of the request for expedited hearing unless continued for good cause. After the hearing, the court may do any of the following:
a. Find probable cause and stay further proceedings until the resolution of any underlying criminal case.
b. Enter a judgment exempting that interest from forfeiture.
c. Order property that has been seized for forfeiture to be sold to satisfy a specified interest of any lienholder, on motion of any party on all of the following conditions:
The lienholder has filed a proper claim.
The lienholder has a perfected interest in the property.
The lienholder is an innocent owner as defined under Section 15-5-62.
(4) Upon order of a court, the lienholder shall dispose of the property by public sale and apply the proceeds from the sale first to obligations to the lienholder secured by the lien, and then to the lienholder’s reasonable expenses incurred in connection with the sale or disposal with the balance of the proceeds, if any, to be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this article.
(5)a. In cases where the property to be forfeited is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other like fungible property, it shall not be necessary for the state to identify the specific property, other than as U.S. currency, cash, monetary instruments in bearer form, or as funds deposited in an account in a financial institution, involved in the offense that is the basis for the forfeiture action. Actual serial numbers or other detailed descriptions are not required.
b. It shall not be a defense that the property involved in such an action has been removed and replaced by identical property.
(Act 2014-306, p. 1103, §4.)
In order for property or proceeds to be deemed abandoned, a representative of the law enforcement agency having possession of abandoned property or proceeds shall file with the district attorney a sworn affidavit setting forth the circumstances of the abandonment, including the results of a search of records to identify the owner or lienholders. The records to be searched shall include records of the Alabama Department of Revenue, judge of probate, and the Secretary of State. After the filing of the affidavit, the district attorney or Attorney General may file an action in the circuit court to declare the property or proceeds abandoned. If the location of the owner, registrant, secured party, or lienholder is unknown, service shall be made at the last known address of the current owner, registrant, secured party, or lienholder, as well as by publication on a governmental web site or a newspaper of general circulation for a period of three weeks. The sworn affidavit and a certificate of service shall accompany any action filed by the district attorney to any order of court.
(Act 2014-306, p. 1103, §5.)
(a) Unless by other agreement of the primary law enforcement agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of or custody, advertising, prosecution, and court costs. The remaining proceeds from the sale or distribution shall be awarded by the court pursuant to recommendation of the prosecutorial entity on a pro rata share to the participating law enforcement agencies, the prosecutorial entity that pursued the action, and as payment of restitution to any victims of the underlying offense. Any proceeds from sales authorized by this section awarded by the court to a county or municipal law enforcement agency shall be deposited into the respective county or municipal general fund and made available to the appropriate law enforcement agency upon requisition of the chief law enforcement official of the agency. Any monies or proceeds authorized by this article and ordered by the court to be distributed to the district attorney shall be deposited into the district attorney’s solicitor’s fund to be expended for lawful law enforcement purposes.
(b) Upon motion of any party, a proceeding instituted under this article shall be stayed pending the disposition of the underlying criminal action.
(c) Any applicable filing fee, court process, or other costs associated with the filing of an action or lien pursuant to this article may not be waived, and shall be payable at the conclusion of the action and deducted from the total award ordered by the court. In the event the plaintiff does not prevail in the action, all filing fees and court costs shall be paid within 15 days from the court’s order denying relief.
(Act 2014-306, p. 1103, §6.)
The sheriff is the principal conservator of the peace in his county, and it is his duty to suppress all riots, unlawful assemblies and affrays. In the execution of such duty, he may summon to his aid as many of the men of his county as he thinks proper.
(Code 1852, §407; Code 1867, §3956; Code 1876, §4025; Code 1886, §4679; Code 1896, §5160; Code 1907, §7518; Code 1923, §5135; Code 1940, T. 15, §398.)
The judges of the circuit, district and municipal courts are authorized to require persons to give security to keep the peace in the manner provided in this chapter.
(Code 1852, §408; Code 1867, §3957; Code 1876, §4026; Code 1886, §4680; Code 1896, §5161; Code 1907, §7519; Code 1923, §5136; Code 1940, T. 15, §399.)
Any official of a municipality who fails, refuses or neglects to comply with any order or direction of the Governor of the State of Alabama which is made by the Governor under the laws of Alabama authorizing him to enforce the laws and preserve the peace of the state shall be guilty of a misdemeanor, and shall be fined not less than $50.00 upon conviction and may, in the discretion of the court trying the case, be punished by imprisonment for a term not exceeding 12 months at hard labor for the county.
(Acts 1919, No. 170, p. 163; Code 1923, §5137; Code 1940, T. 15, §400.)
Any person who, in the presence of a judge, commits or threatens to commit an offense against the person or property of another or contends with another with angry words may be ordered, without process, to enter into an undertaking to keep the peace for a term not exceeding 12 months and, in event of refusal, may be committed as in other cases.
(Code 1852, §424; Code 1867, §3973; Code 1876, §4043; Code 1886, §4697; Code 1896, §5178; Code 1907, §7537; Code 1923, §5155; Code 1940, T. 15, §418.)
(a) Whenever complaint is made to a judge of a circuit, district or municipal court that any person has threatened or is about to commit an offense on the person or property of another, such judge must examine the complainant and any witness he may produce on oath, reduce such examination to writing and cause it to be subscribed by the party so examined.
(b) The affidavit may be after the following form:
“State of Alabama,
__________ County.
Before me, ___________,a (circuit, district or municipal) judge (setting out his name and office) in and for said county and state, personally appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault and beat him (or is about) to ___________ (here set forth the particular offense threatened or about to be committed) on the person or property of affiant (or E. F., a third person, as the case may be.) (Signed) A. B.
Sworn to and subscribed before me, this the _______ day of _________, 20. _______________________(Circuit, District or Municipal) Judge.”
(Code 1852, §409; Code 1867, §3958; Code 1876, §4027; Code 1886, §4681; Code 1896, §5162; Code 1907, §§7520, 7521; Code 1923, §§5138, 5139; Code 1940, T. 15, §§401, 402.)
(a) If on examination by the circuit, district or municipal court judge, it appears that there is reason to fear the commission of any offense by the person complained of, such judge must issue a warrant directed to any lawful officer of the state, containing the substance of the complaint and commanding such officer forthwith to arrest the person complained of and bring him before him or some other judge having jurisdiction of the matter.
(b) The warrant may be after the following form:
“State of Alabama,
__________ County.
To any lawful officer of the state:
Complaint on oath having been made before me that C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly the offense threatened or about to be committed) on the person or property of ______, you are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other judge having jurisdiction of the matter, setting forth his name and office).
Dated the _____ day of ___, 20.
(c) Such warrant may be executed by the sheriff or other officer acting as sheriff, his deputy or any constable of the county or by any marshal or policeman of any incorporated city or town in the county.
(Code 1852, §§410, 411; Code 1867, §§3959, 3960; Code 1876, §§4028, 4029; Code 1886, §§4682, 4683; Code 1896, §§5163, 5164; Code 1907, §§7522-7524; Code 1923, §§5140-5142; Code 1940, T. 15, §§403-405.)
When a person complained of is brought before the circuit, district or municipal court judge, he and his witnesses must be heard in his defense; and, if on hearing the witnesses on both sides it appears that there is no just reason to fear the commission of the offense, the defendant must be discharged. If the hearing is continued, the judge shall require the defendant to give bail for his appearance, and, failing to furnish the bail, the defendant must be committed to jail.
(Code 1852, §412; Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525; Code 1923, §5143; Code 1940, T. 15, §406.)
If the circuit, district or municipal court judge regards a complaint as unfounded or frivolous, he may order the complainant to pay the costs of prosecution; and, upon making such order, execution may issue to enforce the payment thereof.
(Code 1852, §413; Code 1867, §3962; Code 1876, §4032; Code 1886, §4686; Code 1896, §5167; Code 1907, §7526; Code 1923, §5144; Code 1940, T. 15, §407.)
(a) If there is just reason to fear the commission of an offense, the defendant must be required to give security to keep the peace, in such sum as the circuit, district or municipal court judge may direct, towards all the people of this state, particularly the person against whom or whose property there is reason to fear the offense may be committed, for such time as the judge may direct, though not more than 12 nor less than six months; but the defendant must not be required to appear at any court unless he has actually committed an offense cognizable in such court.
(b) The undertaking to keep the peace may be, in substance, as follows: “The State of Alabama,}We (here insert the names of the defendant and his sureties), agree to pay to the___________ County.}State of Alabama $1,000.00 (or such sum as the judge directs) if the said (here insert name of the defendant) does not keep the peace for 12 months (or as the case may be) from this undertaking, towards all the citizens of this state, and particularly towards (here insert the name of the person against whom or whose property, there is reason to fear the commission of the offense).
Dated _____ day of ___, 20. (Signed) A.B. C.D. E.F.
Approved, L. M., (Circuit, District or Municipal) Judge.”
(Code 1852, §§414, 415; Code 1867, §§3963, 3964; Code 1876, §§4033, 4034; Code 1886, §§4687, 4688; Code 1896, §§5168, 5169; Code 1907, §§7527, 7528; Code 1923, §§5145, 5146; Code 1940, T. 15, §§408, 409.)
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged; and, if not given, the circuit, district or municipal court judge must commit him to jail until he gives the same, specifying in the warrant of commitment the cause thereof, the time he is required to keep the peace, towards whom particularly and the sum in which security is required.
(b) Any person committed under the provisions of subsection (a) of this section may be discharged by the sheriff of the county in which he is detained upon entering into an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required by the circuit, district or municipal court judge.
(Code 1852, §§416, 417; Code 1867, §§3965, 3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code 1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15, §§410, 411.)
In all cases where a person is required to keep the peace, the circuit, district or municipal court judge may order the costs of the prosecution, or any part thereof, to be paid judge other than a judge of an appellate or circuit court issue for the collection of the same.
(Code 1852, §418; Code 1867, §3967; Code 1876, §4037; Code 1886, §4691; Code 1896, §5172; Code 1907, §7531; Code 1923, §5149; Code 1940, T. 15, §412.)
(a) Any person required to keep the peace under the provisions of Article 2 of this chapter by any judge other than a judge of an appellate or circuit court is entitled, on entering into an undertaking with sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the county. The judge from whose order the appeal is taken may require such witnesses as he thinks necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the peace may appeal to the circuit court and may thereupon be discharged from custody on giving bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance at such court and to keep the peace towards all the people of the State of Alabama for the period of 12 months, unless sooner discharged by law; and any person who has been required to give bond to keep the peace and has given such bond may appeal in like manner, upon giving security for the costs of such appeal, but such appeal shall not supersede the obligation of such peace bond, unless the court which tries such appeal shall discharge the defendant. A trial by jury on such appeal may be had by the defendant if demand is made therefor at the time of the filing of the bond on the taking of the appeal.
(c) The undertaking on the appeal under this section may be in substance as follows:
“The State of Alabama, }An order having been made by A.B., a (district or municipal) judge requiring (here insert the ______ County.
name of the defendant) to keep the peace towards all the people of this state and particularly towards (here insert the name of the person against whom, or against whose property there is reason to fear the offense may be committed), from which order the said defendant has taken an appeal to the circuit court of said county; now, therefore, we (here insert the names of the defendant and his sureties) agree to pay the State of Alabama (here insert the amount required by the judge) dollars, if the said defendant fails to prosecute his appeal to effect, and in the meantime to keep the peace towards (here insert the name of the person against whom, or whose property there is reason to fear the offense may be committed.)
Dated this the _____ day of ___, 20. (signed) A. B. C. D. E.F.
Approved, L.M., (District or Municipal) Judge.”
(Code 1852, §§419, 420; Code 1867, §§3968, 3969; Code 1876, §§4038, 4039; Code 1886, §§4692, 4693; Code 1896, §§5173, 5174; Code 1907, §§7532, 7533; Code 1923, §§5150, 5151; Code 1940, T. 15, §§413, 414.)
Any undertaking given under any provision of this chapter must be returned by the judge taking the same to the clerk of the court to which an appeal is taken, within 10 days after taking it; and, failing to do so, he may be attached for contempt.
(Code 1852, §421; Code 1867, §3970; Code 1876, §4040; Code 1886, §4694; Code 1896, §5175; Code 1907, §7534; Code 1923, §5152; Code 1940, T. 15, §415.)
The court to which an appeal is prosecuted under the provisions of this article must examine the case anew and may confirm the order of the judge, discharge the appellant or require him to enter into a new undertaking, with sufficient sureties, to keep the peace in such sum and for such term as the court thinks proper, and it may make such order in relation to the costs of the prosecution as seems just, which may be enforced by execution.
(Code 1852, §422; Code 1867, §3971; Code 1876, §4041; Code 1886, §4695; Code 1896, §5176; Code 1907, §7535; Code 1923, §5153; Code 1940, T. 15, §416.)
If an appellant fails to sustain his appeal under this article, his undertaking remains in full force and effect as to any breach thereof and also stands as security for any costs which are ordered by the court to be paid by the appellant, and execution may issue therefor against all parties to the same.
(Code 1852, §423; Code 1867, §3972; Code 1876, §4042; Code 1886, §4696; Code 1896, §5177; Code 1907, §7536; Code 1923, §5154; Code 1940, T. 15, §417.)
The court may, on the conviction of any person for an offense against the person or property of another and when necessary for the public good, require the defendant to enter into an undertaking, with sufficient sureties, to keep the peace for a period not exceeding 12 months and, on his failure to do so, may commit him.
(Code 1852, §425; Code 1867, §3974; Code 1876, §4044; Code 1886, §4698; Code 1896, §5179; Code 1907, §7538; Code 1923, §5156; Code 1940, T. 15, §419.)
(a) An undertaking to keep the peace is forfeited by the commission by the defendant of any offense upon the person or property of another, which may be ascertained by a jury, without the conviction of the defendant therefor, in the circuit court on 10 days’ notice to the parties against whom the forfeiture is sought.
(b) On a forfeiture of an undertaking to keep the peace, the court may remit any portion of the amount specified therein, according to the circumstances of the case.
(Code 1852, §§426, 427; Code 1867, §§3976, 3979; Code 1876, §§4045, 4046; Code 1886, §§4699, 4700; Code 1896, §§5180, 5181; Code 1907, §§7539, 7540; Code 1923, §§5157, 5158; Code 1940, T. 15, §§420, 421.)
A “complaint” is an allegation made before a proper judge or magistrate that a person has been guilty of a designated public offense.
(Code 1852, §428; Code 1867, §3977; Code 1876, §4647; Code 1886, §4255; Code 1896, §5204; Code 1907, §7584; Code 1923, §5217; Code 1940, T. 15, §119.)
(a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to be subscribed by the person making them.
(b) The depositions must set forth the facts stated by the complainant and his witnesses tending to establish the commission of the offense and the guilt of the defendant.
(Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code 1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218, 5219; Code 1940, T. 15, §§120, 121.)
If the judge or magistrate is reasonably satisfied from such deposition that the offense complained of has been committed and that there is reasonable ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest.
(Code 1852, §431; Code 1867, §3980; Code 1876, §4650; Code 1886, §4258; Code 1896, §5207; Code 1907, §7587; Code 1923, §5220; Code 1940, T. 15, §122.)
(a) A “warrant of arrest” is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed “to any lawful officer of the state,” and, if executed by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows: The State of Alabama,__________ County.
To any lawful officer of the state:
Complaint on oath having been made before me that the offense of (designating or describing it) has been committed and accusing C. D. thereof, you are, therefore, commanded forthwith to arrest C. D., and bring him before me.
Dated the ______ day of ___, 20. (Signed) E.F., Judge (or magistrate, as the case may be.)
(Code 1852, §§432, 433; Code 1867, §§3981, 3982; Code 1876, §§4651, 4652; Code 1886, §4259; Code 1896, §5208; Code 1907, §7588; Code 1923, §5221; Code 1940, T. 15, §123.)
When the offense described in an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance at the next term of the court having jurisdiction of the offense to answer any indictment which may be found against him therefor; and, if such court is in session, for his appearance at such court.
(Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275; Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)
(a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant’s request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the county in which the warrant was executed; and such judge or magistrate may, without examination, discharge such defendant, upon sufficient bail for his appearance before the court having cognizance of the offense.
(b) The judge or magistrate admitting a defendant to bail under the provisions of subsection (a) of this section must certify the same upon the warrant and deliver such warrant, with the undertaking, to the officer who executed the warrant, who must cause the same to be delivered without unnecessary delay to the clerk of the court in which the defendant is bound by his undertaking to appear.
(Code 1852, §§441, 443; Code 1867, §§3990, 3992; Code 1876, §§4660, 4662; Code 1886, §§4276, 4278; Code 1896, §§5225, 5227; Code 1907, §§7590, 7592; Code 1923, §§5223, 5225; Code 1940, T. 15, §§125, 127.)
When the bail is taken under the provisions of Sections 15-7-20 and 15-7-21, in fixing the amount of bail, it must be presumed that the offense is of an aggravated nature.
(Code 1852, §442; Code 1867, §3991; Code 1876, §4661; Code 1886, §4277; Code 1896, §5226; Code 1907, §7591; Code 1923, §5224; Code 1940, T. 15, §126.)
An “indictment” is an accusation in writing presented by the grand jury of the county, charging a person with an indictable offense. The distinction between indictments and presentments is abolished.
(Code 1852, §§559, 560; Code 1867, §§4109, 4110; Code 1876, §§4782, 4783; Code 1886, §4364; Code 1896, §4892; Code 1907, §7130; Code 1923, §4525; Code 1940, T. 15, §228.)
All felonies and all misdemeanors originally prosecuted in the district court or circuit court are indictable offenses.
(Code 1852, §558; Code 1867, §4108; Code 1876, §4781; Code 1886, §3702; Code 1896, §4891; Code 1907, §7129; Code 1923, §4524; Code 1940, T. 15, §227.)
An indictment must contain, in the caption or body thereof, the name of the state, county, court and time when it is preferred and must conclude “against the peace and dignity of the State of Alabama.”
(Code 1852, §561; Code 1867, §4111; Code 1876, §4784; Code 1886, §4365; Code 1896, §4893; Code 1907, §7131; Code 1923, §4526; Code 1940, T. 15, §229.)
An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the defendant on the trial.
(Code 1852, §592; Code 1867, §4142; Code 1876, §4815; Code 1886, §4367; Code 1896, §4895; Code 1907, §7133; Code 1923, §4528; Code 1940, T. 15, §231.)
The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which must be construed according to their legal meanings.
(Code 1852, §578; Code 1867, §4128; Code 1876, §4801; Code 1886, §4369; Code 1896, §4897; Code 1907, §7135; Code 1923, §4530; Code 1940, T. 15, §233.)
In an indictment for an offense which was indictable at common law, the offense may be charged or described as at common law, and the defendant, if convicted, must receive the punishment prescribed by the statute.
(Code 1852, §570; Code 1867, §4120; Code 1876, §4793; Code 1886, §4371; Code 1896, §4899; Code 1907, §7137; Code 1923, §4532; Code 1940, T. 15, §235.)
Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning.
(Code 1852, §569; Code 1867, §4119; Code 1876, §4792; Code 1886, §4370; Code 1896, §4898; Code 1907, §7136; Code 1923, §4531; Code 1940, T. 15, §234.)
When a statute creating or defining an offense uses special or particular terms, an indictment on it may use the general term which, in common language, embraces the special term.
(Code 1852, §571; Code 1867, §4121; Code 1876, §4794; Code 1886, §4372; Code 1896, §4900; Code 1907, §7138; Code 1923, §4533; Code 1940, T. 15, §236.)
The manner of stating the act constituting the offense, as set forth in the forms given in Article 8 of this chapter, is sufficient in all cases in which the forms there given are applicable; in other cases, forms may be used as nearly similar as the nature of the case and the rules prescribed in this chapter will permit.
(Code 1852, §591; Code 1867, §4141; Code 1876, §4824; Code 1886, §4366; Code 1896, §4894; Code 1907, §7132; Code 1923, §4527; Code 1940, T. 15, §230.)
When, to constitute the offense, an act must be done in a public place, and such public place is not more particularly defined in the statute, it is sufficient to allege in an indictment that the act was done “in a public place” generally.
(Code 1852, §572; Code 1867, §4122; Code 1876, §4795; Code 1886, §4375; Code 1896, §4903; Code 1907, §7141; Code 1923, §4536; Code 1940, T. 15, §239.)
An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words “force of arms” or “contrary to the form of the statute” necessary.
(Code 1852, §562; Code 1867, §4112; Code 1876, §4785; Code 1886, §4368; Code 1896, §4896; Code 1907, §7134; Code 1923, §4529; Code 1940, T. 15, §232.)
Any fact which is unknown to the grand jury and which is not a material ingredient of the offense may be so charged in the indictment.
(Code 1852, §566; Code 1867, §4116; Code 1876, §4789; Code 1886, §4377; Code 1896, §4905; Code 1907, §7143; Code 1923, §4538; Code 1940, T. 15, §241.)
When the means by which the offense was committed are unknown to the grand jury and do not enter into the essence of the offense, the indictment may allege that they are unknown to the jury.
(Code 1852, §567; Code 1867, §4117; Code 1876, §4790; Code 1886, §4378; Code 1896, §4906; Code 1907, §7144; Code 1923, §4539; Code 1940, T. 15, §242.)
The indictment must be certain as to the person charged; but when his name is unknown to the grand jury, it may be so alleged without further identification.
(Code 1852, §563; Code 1867, §4113; Code 1876, §4786; Code 1886, §4376; Code 1896, §4904; Code 1907, §7142; Code 1923, §4537; Code 1940, T. 15, §240.)
When an intent to injure or defraud is necessary to constitute an offense, it is sufficient to allege in an indictment an intent to injure or defraud generally, without naming the particular person, corporation or government intended to be injured or defrauded.
(Code 1852, §576; Code 1867, §4126; Code 1876, §4799; Code 1886, §4380; Code 1896, §4908; Code 1907, §7146; Code 1923, §4541; Code 1940, T. 15, §244.)
It is not necessary to state the precise time at which an offense was committed in an indictment; but it may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless time is a material ingredient of the offense.
(Code 1852, §565; Code 1867, §4115; Code 1876, §4788; Code 1886, §4373; Code 1896, §4901; Code 1907, §7139; Code 1923, §4534; Code 1940, T. 15, §237.)
It is not necessary to allege where the offense was committed in an indictment; but it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred.
(Code 1852, §564; Code 1867, §4114; Code 1876, §4787; Code 1886, §4374; Code 1896, §4902; Code 1907, §7140; Code 1923, §4535; Code 1940, T. 15, §238.)
Presumptions of law and matters of which judicial notice is taken need not be stated in an indictment.
(Code 1852, §568; Code 1867, §4118; Code 1876, §4791; Code 1886, §4379; Code 1896, §4907; Code 1907, §7145; Code 1923, §4540; Code 1940, T. 15, §243.)
When any property, upon or in relation to which an offense was committed, belongs to several partners or owners, it is sufficient to allege in an indictment the ownership to be in any one or more of such partners or owners; or when the property is quasi-public property or belongs to an association, society or collection of individuals, such as churches, meetinghouses, schoolhouses, lodges, etc., it shall not be necessary for the indictment to allege ownership, but it shall be sufficient to describe such property by the name by which it is commonly known or in any other manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed.
(Code 1852, §577; Code 1867, §4127; Code 1876, §4800; Code 1886, §4381; Code 1896, §4909; Code 1907, §7147; Code 1923, §4542; Code 1940, T. 15, §245.)
In an indictment for the larceny of any animal or for any other public offense committed in reference to any animal, it is sufficient to describe the animal by such name as, in common understanding, embraces it, without designating its sex.
(Code 1852, §588; Code 1867, §4138; Code 1876, §4812; Code 1886, §4382; Code 1896, §4910; Code 1907, §7148; Code 1923, §4543; Code 1940, T. 15, §246.)
In an indictment for the forgery of an instrument which has been destroyed or withheld by the act or procurement of the defendant, if that fact is alleged in the indictment, a misdescription of the instrument is immaterial.
(Code 1852, §581; Code 1867, §4131; Code 1876, §4804; Code 1886, §3859; Code 1896, §4727; Code 1907, §6917; Code 1923, §4128; Code 1940, T. 14, §206; Code 1975, §13-4-68.)
In an indictment for perjury or subornation of perjury, it is not necessary to set forth the pleadings, record or proceedings with which the false oath is connected or the commission or authority of the court or persons before whom the perjury was committed; it is sufficient to state the substance of the proceedings, the name of the court or officer before whom the oath was taken and that such court or officer had authority to administer it, with the necessary allegations of the falsity of the matter on which the perjury is assigned.
(Code 1852, §589; Code 1867, §4139; Code 1876, §4813; Code 1886, §3908; Code 1896, §5199; Code 1907, §7542; Code 1923, §5160; Code 1940, T. 14, §376; Code 1975, §13-5-112.)
When an offense may be committed by different means or with different intents, such means or intents may be alleged in an indictment in the same count in the alternative.
(Code 1852, §573; Code 1867, §4123; Code 1876, §4796; Code 1886, §4383; Code 1896, §4911; Code 1907, §7149; Code 1923, §4544; Code 1940, T. 15, §247.)
When an act is criminal, if producing different results, such results may be charged in an indictment in the same count in the alternative.
(Code 1852, §574; Code 1867, §4124; Code 1876, §4797; Code 1886, §4384; Code 1896, §4912; Code 1907, §7150; Code 1923, §4545; Code 1940, T. 15, §248.)
When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative.
(Code 1852, §575; Code 1867, §4125; Code 1876, §4798; Code 1886, §4385; Code 1896, §4913; Code 1907, §7151; Code 1923, §4546; Code 1940, T. 15, §249.)
All indictments must be presented to the court by the foreman of the grand jury in the presence of at least 11 other jurors, must be endorsed “filed” and must have the endorsement dated and signed by the clerk; but no entry of an indictment found must be made on the minutes, nor must any indictment be inspected by any other person than the district attorney, the presiding judge and the clerk of the court until the defendant has been arrested or has given bail for his appearance.
(Code 1852, §598; Code 1867, §4148; Code 1876, §4821; Code 1886, §4386; Code 1896, §4914; Code 1907, §7152; Code 1923, §4547; Code 1940, T. 15, §250.)
In all criminal cases in the circuit court in which a capias or warrant of arrest has issued for two terms and has been returned “not found,” the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement. In all cases where a defendant is confined in one of the Alabama state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement.
(Code 1867, §4149; Code 1876, §4822; Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T. 15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)
(a) The clerk of the court in which indictments are returned shall, forthwith and without allowing them to be taken out of his custody or control, record the same, with the endorsement thereon, in a well-bound book which shall be properly indexed and kept secret, as indictments are required to be kept secret, before the arrest of the defendant; and, if the office of the clerk is furnished with an iron safe or vault, it shall be kept therein.
(b) The court may require the production of such book on the trial of the defendant for comparison of the indictment against the defendant with the record thereof only in cases where the trial is had on a certified copy of the indictment as provided by law.
(c) Indictments may be recorded by means of a photograph or photostat machine.
(Code 1886, §4388; Code 1896, §4916; Code 1907, §7154; Code 1923, §4549; Acts 1939, No. 387, p. 509; Code 1940, T. 15, §252.)
An indictment may be amended, with the consent of the defendant entered of record, when the name of the defendant is incorrectly stated or when any person, property or matter therein stated is incorrectly described.
(Code 1852, §593; Code 1867, §4143; Code 1876, §4816; Code 1886, §4389; Code 1896, §4917; Code 1907, §7155; Code 1923, §4550; Code 1940, T. 15, §253.)
If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order another indictment to be preferred at a subsequent time, in which case an entry of record must be made to the effect following: “The State )In this case, it appeared from the evidence that there was a variance between the allegations of the indictment and the “The State proof in this (setting out the variance); or it appeared from the evidence that the defendant’s name was …(stating it); and the defendant not consenting to allow the indictment to be amended, the prosecution was dismissed before the jury retired, and another indictment was ordered to be preferred.”v.) A. B.)
(Code 1852, §594; Code 1867, §4144; Code 1876, §4817; Code 1886, §4390; Code 1896, §4918; Code 1907, §7156; Code 1923, §4551; Code 1940, T. 15, §254.)
When an indictment is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another indictment to be preferred at the session at which such proof is made or at a subsequent session, in which case an entry of record must be made to the effect following: “The State )In this case, it appearing to the court that an indictment was preferred against the defendant at the _____ session, 20__, (stating the time) and that said indictment is lost, v.)A. B.)
mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against the defendant for the same offense.”
(Code 1852, §595; Code 1867, §4145; Code 1876, §4818; Code 1886, §4391; Code 1896, §4919; Code 1907, §7157; Code 1923, §4552; Code 1940, T. 15, §255.)
When it is shown to the court that an original indictment, recorded as required by law, has been lost, destroyed or so mutilated as to be illegible, the court shall direct the clerk to make and certify a copy thereof from such record, upon which the defendant may be arraigned and tried as upon the original indictment.
(Code 1886, §4392; Code 1896, §4920; Code 1907, §7158; Code 1923, §4553; Code 1940, T. 15, §256.)
An indictment must not be quashed, dismissed, discontinued or abandoned without the permission of the court, and such permission must be entered of record.
(Code 1852, §599; Code 1867, §4150; Code 1876, §4823; Code 1886, §4393; Code 1896, §4921; Code 1907, §7159; Code 1923, §4554; Code 1940, T. 15, §257.)
When a judgment is arrested or an indictment quashed on account of any defects therein, because it was not found by a grand jury regularly organized, because it charged no offense or for any other cause, the court may order another indictment to be preferred for the offense charged or intended to be charged, and in such case, an entry of record must be made setting forth the facts.
(Code 1852, §596; Code 1867, §4146; Code 1876, §4819; Code 1886, §4394; Code 1896, §4922; Code 1907, §7160; Code 1923, §4555; Code 1940, T. 15, §258.)
The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases.
(1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,)Circuit court, _________ session,______________)20
The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama.
E.F.J.,District Attorney of the ______ circuit.
(2) ADVERTISING, ETC., UNREGISTERED SECURITIES.
A. B. did, contrary to law, and subsequent to the ____ day of __, 20, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then been registered and recorded in the register of the Alabama Securities Commission (or which said advertisement had not then been filed with and approved by the chairman of the Alabama Securities Commission).
(3) AFFRAYS.
A. B. and C. D. did fight together in a public place
(4) ALTERING, ETC., MARKS, BRANDS, ETC.
A. B., with intent to defraud, marked or branded an unmarked horse, or altered or defaced the mark or brand of a marked animal, the property of C. D.
(5) CRUELTY TO ANIMALS.
A. B. did override (overdrive, overload, drive when overloaded, torture, torment, deprive of necessary sustenance, mutilate or cruelly kill, or cause or procure the same, as the case may be) a horse (or other domestic animal, naming it).
(6) WANTON, MALICIOUS, ETC., DESTRUCTION, ETC., OF ANIMALS, ETC.
A. B. did unlawfully, or wantonly, or maliciously, kill (or disable, disfigure, destroy or injure) a horse (or other property mentioned in the statute), the property of C. D.
(7) ARSON IN THE FIRST DEGREE.
A. B. willfully set fire to, or burned or caused to be burned, or aided or procured the burning (as the case may be) a dwelling house (or other building describing it), the property of C. D.; or with intent to defraud set fire to or burned, or caused to be burned, or aided or procured the burning of a dwelling house (or other house within the curtilage of such dwelling house) the property of himself; (if it is alleged that said arson has produced the death or maiming of any person, this allegation shall be added.)
(8) ARSON IN THE SECOND DEGREE.
A. B. willfully set fire to or burned, or caused to be burned, or aided or procured the burning (as the case may be) of a crib, (or other building) the property of C. D., not within the curtilage of a dwelling, or a shop (or other building) the property of another; or, with intent to defraud, set fire to or burned, or caused to be burned, or aided or procured the burning of (any of the property named in this section) belonging to himself; (if it is alleged that said arson has produced the death or maiming of any person, this allegation shall be added.)
(9) ARSON IN THE THIRD DEGREE.
A. B. willfully set fire to, or burned or caused to be burned, or aided or procured the burning (as the case may be) of a crib, (or other building describing it), of the value of $25.00 or more, the property of C. D.; or with intent to defraud set fire to or burned, or caused to be burned, or aided or procured the burning of a crib (or other property named in this section) the property of himself.
(10) ASSAULT AND BATTERY.
A. B. assaulted and beat C. D.
(11) ABUSING, BEATING, ETC., ACCUSED PERSON.
A. B. and C. D. did abuse, whip, or beat E. F., upon an accusation that he had been guilty of stealing (or to force the said E. F. to disclose where he was on the night of August 21, 1975, or to leave the country, etc., as the case may be.)
(12) ASSAULT WITH STICK, ETC., WHILE INTIMIDATING WITH DEADLY WEAPON.
A. B. did assault and beat C. D. with a cowhide, stick or whip, having in his possession at the time a pistol (or a bowie knife or other deadly weapon), with the intent to intimidate the said C. D., and prevent him from defending himself.
(13) ASSAULT WITH INTENT TO MAIM.
A. B. assaulted C. D. with the intent unlawfully, maliciously and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER.
A. B., unlawfully and with malice aforethought, did assault C. D., with the intent to murder him.
(15) ASSAULT WITH INTENT TO RAVISH.
A. B. did assault C. D., a woman, with the intent forcibly to ravish her.
(16) ASSAULT WITH INTENT TO ROB.
A. B. assaulted C. D. with the felonious intent, by violence to his person or by putting him in fear of some serious and immediate injury to his person, to rob him.
(17) BETTING AT CARDS, DICE, ETC.
A. B. bet at a game played with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed or given away, or in a public house, highway or some other public place or at an outhouse where people resorted (or other place forbidden by law), against, etc.
(18) BETTING AT GAMING TABLE, ETC.
A. B. bet at a gaming table for gaming, or at a game called keno, or roulette, etc.
(19) BETTING ON ELECTION.
A. B. did bet with C. D. on a general (or primary, or municipal or special) election, held on the ____ day of ____, __.
(20) BETTING WITH MINOR.
A. B., being of full age, bet with C. D., a minor
(21) BIGAMY.
A. B., having a wife then living, unlawfully married one C. D.
(22) BRIBERY OF MINISTERIAL OFFICER, ETC.
A. B. did corruptly offer, promise or give to C. D., a ministerial officer of a court, to-wit: (name the office), or to C. D., auditor, juror, arbitrator, umpire or referee, $1.00 (or other gift, gratuity or value, naming it), with the intent to bias the mind or influence the decision of C. D., as such officer in relation to the cause or matter, viz.: (describe the cause or matter).
(23) BRIBERY TO COMMIT A FELONY.
A. B. did corruptly give, offer or promise one C. D. a certain gift, gratuity or thing of value, to-wit: (describing the gift or thing of value, as one horse or $10.00), with intent to induce or influence said C. D. to commit a certain crime or offense punishable as a felony, to-wit: (the offense of murder by unlawfully and with malice aforethought killing one E. F., or the offense of perjury by falsely and corruptly swearing on the trial of the case of the State of Alabama v. said A. B., in the _____ court of ______ county, which case was a criminal prosecution against said A. B. for the offense of murder of one E. F. that he, said C. D., was present at the time the homicide was committed, and that said A. B., did not cut said E. F., or, that at the time the homicide was committed said A. B. was at the house of said C. D., a place other than the place at which the homicide was committed).
(24) BRINGING STOLEN GOODS INTO THIS STATE.
A. B. feloniously took and carried away, in the State of Mississippi, one mule, the personal property of C. D., and brought said mule into the County of Mobile, in this state, against, etc.
(25) INJURING OR DEFACING BUILDING.
A. B. did willfully injure or deface a church (or other building within the statute, describing it; if the property of an individual, giving the name of the owner or person in possession).
(26) POSSESSION OF BURGLARY, ETC., TOOLS.
A. B. had in his possession an implement or instrument designed and intended by him to aid in the commission of burglary or larceny in this state, or elsewhere, against, etc.
(27) BURGLARY IN FIRST DEGREE.
A. B. did, in the nighttime, with intent to steal (or to commit arson in the first degree, or other designated felony, as the case may be, or in the alternative) break into and enter an inhabited dwelling (or other house or building within the statute, describing it and giving the name of the owner or person in possession) which was occupied by C. D., a person lodged therein, against, etc.
(28) BURGLARY IN SECOND DEGREE.
A. B. did, in the daytime, with intent to steal (or to commit arson in first degree, or other designated felony, as the case may be, or in the alternative), break into and enter an inhabited dwelling house (or other house or building within the statute, describing it, and giving the name of the owner or person in possession), which was occupied by C. D., a person lodged therein or A. B. did with intent to steal (or to commit arson in the first degree, or other designated felony, as the case may be, or in the alternative), break into and enter an uninhabited dwelling house, or a building, structure or other enclosure (describing it and giving the name of the owner or person in possession) within the curtilage of a dwelling house, though not forming any part thereof, or a shop, store, warehouse (or other building, structure, or enclosure within the statute, describing it, giving the name of the owner or person in possession) which is specially constructed or made to keep goods, wares, merchandise or other valuable thing (describing the article) in which goods, wares, merchandise or other valuable thing (describing it) was kept for use, sale or deposit (as the case may be or in the alternative), against, etc.
(29) BURGLARY OF MOTOR VEHICLE.
A. B., with intent to steal or to commit a felony (designating the felony as the case may be, or in the alternative) did break into and enter a motor vehicle, the property of C. D., against, etc.
(30) BURGLARY OF RAILROAD CAR.
A. B., with intent to steal (or to commit a felony, describing it as murder, or as the case may be), broke into and entered a railroad car, upon or connected with a railroad in this state, in which goods, merchandise, furniture or valuable things were kept for use, deposit or transportation as freight.
(31) BURNING PROPERTY, ETC., WITH INTENT TO DEFRAUD, ETC., INSURER; ARSON IN THIRD DEGREE.
A. B., willfully or with intent to charge, injure or defraud the insurer, set fire to (or burned or caused to be burned, or aided or procured the burning, as the case may be) the following personal property: (here describe it) the property of himself, or of C. D., which property was at the time insured against loss or damage by fire
(32) BUYING, SELLING, HAVING, ETC., PROHIBITED LIQUORS.
A. B. did buy, sell, have in possession illegally, give, barter, exchange, receive, deliver, carry or ship prohibited liquors, contrary to law, against, etc.
(33) CARD OR DICE PLAYING AT PUBLIC PLACES, HOUSES, ETC.
A. B. played at a game with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors or house or place where spirituous liquors were at the time sold, retailed or given away, or in a public house, highway or some other public place or at an outhouse where people resorted.
(34) CARNAL KNOWLEDGE OF GIRL UNDER 12 YEARS OF AGE.
A. B. did carnally know, or abuse in the attempt to carnally know C. D., a girl under the age of 12.
(35) CARRYING CONCEALED WEAPON.
A. B. carried a pistol concealed about his person or on premises not his own or under his control.
(36) CHALLENGING, ETC., TO FIGHT A DUEL.
A. B. gave, accepted or knowingly carried a challenge, in writing, or in words (as the case may be), to fight in single combat, with a deadly weapon, against, etc.
(37) FORCIBLE TAKING OF WOMAN FOR PURPOSES OF MARRIAGE OR DEFILEMENT.
A. B. did take C. D., a woman, unlawfully and against her will, by menace, force or duress, did compel her to marry him (or to marry one E. F., or to be defiled, etc., as the case may be).
(38) COMPOUNDING FELONY.
A. B., knowing that one C. D. had been guilty of the commission of a felony, took or agreed to take, from the said C. D., money or other property, to compound or conceal such felony, or to abstain from any prosecution therefor.
(39) CONSPIRACY TO COMMIT A FELONY OR MISDEMEANOR.
A. B. and C. D. conspired together to unlawfully, and with malice aforethought, kill E. F. (or to assault and beat E. F., as the case may be), against, etc.
(40) POSSESSION OF COUNTERFEIT COIN.
A. B. had in his possession a counterfeit of a gold coin of the United States, of the denomination of $10.00, which was at the time current in this state, knowing the same to be counterfeit, and with intent to defraud or injure, by uttering the same as true, or causing it to be so uttered.
(41) COUNTERFEITING COIN.
A. B. counterfeited a silver coin of the Republic of Mexico, called a dollar, which was at the time, by law, usage and custom, current in this state.
(42) DECOYING AWAY, ETC., CHILD.
A. B. did take or decoy away C. D., a child, with intent to detain or conceal the said C. D. from his (or her) parents (or guardian, as the case may be), etc.
(43) DEFAMATION.
A. B. did falsely speak (or write or print, as the case may be) of and concerning C. D., in the presence of E. F., charging her with a want of chastity, or did falsely and maliciously speak of and concerning C. D. in the presence of E. F. charging him with having committed larceny, or perjury (or other felony or indictable offense, as the case may be), in substance as follows, to-wit: (here setting out the substance of the word spoken, written or printed, as the case may be).
(44) PRACTICE OF DENTISTRY WITHOUT LICENSE.
A. B. did practice or engage in the business of dentistry without a license and contrary to law.
(45) DISCLOSURE OF INDICTMENT BY OFFICER OF COURT OR GRAND JUROR.
A. B., an officer of the court, to-wit, a deputy sheriff (or a grand juror, as the case may be), disclosed the fact that an indictment had been found by the grand jury of said county against one C. D., before the defendant had been arrested, or had given bail for his appearance to answer thereto, against, etc.
(46) DISTURBING RELIGIOUS WORSHIP.
A. B. willfully interrupted or disturbed an assemblage of people, met for religious worship, by noise, profane discourse or rude or indecent behavior at or near the place of worship (or by fighting at or near the place of worship, as the case may be).
(47) DISTURBING WOMEN AT PUBLIC ASSEMBLIES, ETC., BY PROFANITY, ETC.
A. B., by rude or indecent behavior, or by profane or obscene language, disturbed a woman at a public place (or at a railroad station or other place frequented by the traveling public, as the case may be) against, etc.; or A. B., by rude and indecent behavior, or by profane or obscene language, willfully disturbed a woman on a railroad car, or steamboat or in any other public conveyance, as the case may be.
(48) PUBLIC DRUNKENNESS.
A. B., while intoxicated or drunk, did appear in a public place, to-wit (name the place) where one or more persons were present, or within the curtilage of the private residence of C. D., where one or more persons were present, and manifested his drunken condition by boisterous or indecent conduct, or loud and profane discourse.
(49) EMBEZZLEMENT, ETC., BY BANK OFFICER.
A. B., an officer of the Central of Alabama, a bank incorporated under the laws of said state, embezzled or fraudulently converted to his own use money to about the amount of $500.00 (or bank notes to the amount of about $1,000.00, as the case may be), which was in the possession of the said bank, or deposited therein.
(50) EMITTING OR CIRCULATING CHANGE BILLS.
A. B., without authority of law, signed, made, emitted or countersigned, or caused or procured to be made, emitted, signed or countersigned, a certain paper to answer the purpose of money, or for general circulation, in substance as follows: (here set out substantially the paper), against, etc.; or A. B. passed or circulated a certain paper the substance or tenor of which is as follows: (setting it out in substance), the said paper having been issued without the authority of law, to answer the purposes of money, against, etc.
(51) DEFRAUDING, ETC., OF EMPLOYER BY EMPLOYEE.
A. B., with intent to injure or defraud his employer, C. D., entered into a written contract to perform labor or services for C. D., and obtained thereby the sum of _____ dollars (or certain personal property, describing it) from C. D., and afterwards with like intent and without just cause, failed or refused to perform such labor or services, or to refund such money (or to return such personal property) against, etc.
(52) RECEIPT OF UNAUTHORIZED OFFICIAL FEES.
A. B., being an officer of said county, knowingly took from C. D. $5.00 for the issue of a search warrant, being a greater fee than was by law allowed for such service.
(53) RECEIPT OF PROPERTY BY FALSE PERSONATION.
A. B. did falsely personate C. D., with intent to defraud, and, in such assumed character, received $100.00, intended to have been delivered to the said C. D.
(54) OBTAINING PERSONAL PROPERTY OR MONEY BY FALSE PRETENSES.
A. B. did falsely pretend to C. D., with intent to defraud, that he had 10 bales of cotton packed and ready for delivery, and, by means of such false pretense, obtained from the said C. D. $100.00 (or 10 pieces of cloth, as the case may be).
(55) OBTAINING SIGNATURE BY FALSE PRETENSES.
A. B. did falsely pretend to C. D., with intent to injure or defraud, that (here set out the false pretenses), and by means of such false pretenses, obtained from C. D. his signature to a certain written instrument, in substance as follows: (here set out instrument as near as may be), the false making of which is forgery, against, etc.
(56) PRESENTING FIREARM AT ANOTHER.
A. B. did unlawfully present a firearm at C. D.
(57) FORGERY IN FIRST DEGREE.
A. B., with intent to injure or defraud, did alter, forge or counterfeit a certain bill (or note, draft, etc., as the case may be), which was in substance as follows: (here set out the instrument as near as may be); or, with intent to injure or defraud, did utter and publish as true the said falsely altered, forged or counterfeited bill (or note, draft, check, etc., as the case may be), knowing the same to be so altered, forged or counterfeited.
(58) FORGERY OF WILL, DEED, NOTE, BILL, BOND, RECEIPT OR OTHER WRITTEN INSTRUMENT.
A. B., with intent to injure or defraud, did falsely make, alter, forge, counterfeit (or totally obliterate, as the case may be), an instrument in writing, in words and figures substantially as follows: (here set out the instrument in substance), against, etc.
(59) FRAUDULENT CONVEYANCE.
A. B., with the intent to hinder, delay or defraud his creditors, did make a conveyance of property to C. D.; or A. B. did accept from C. D. a conveyance of property, with the intent to hinder, delay or defraud the creditors of the said C. D.
(60) GRAND LARCENY.
A. B. feloniously took and carried away a horse, the personal property of C. D., (or a gold watch of the value of _____ dollars, the personal property of C. D.); or
A. B. feloniously took and carried away from a building on fire, or which was removed in consequence of an alarm of fire, a silver watch of the value of ____ dollars, the personal property of C. D.; or
A. B. feloniously took and carried away from a dwelling house a diamond breastpin, of the value of ____ dollars, the personal property of C. D., or
A. B. feloniously took and carried away from the person of C. D. one banknote for $1.00 on the bank of Mobile, of the value of ____ dollars, the personal property of C. D.; or
A. B., knowingly, willfully, and without the consent of the owner, entered upon the land of C. D., and cut and carried off timber (or rails, as the case may be), of the value of $25.00 or more, against, etc.
(61) INCEST.
A. B., a man, being the father of one E. B., a woman, and within the decree of consanguinity or relationship within which marriages are declared by law to be incestuous and void, and knowing of such consanguinity or relationship, did have sexual intercourse with the said E. B., or did live with her in a state of adultery, against, etc.; or
A. B., a man, and C. D., a woman, being within the degree of relationship within which marriages are declared by law to be incestuous and void, to-wit, the said C. D., being the widow of one E. F., the uncle of the said A. B., and, knowing of such relationship, did intermarry, or have sexual intercourse together, or did live together in adultery, against, etc.
(62) KEEPING, ETC., GAMING TABLES.
A. B. kept, exhibited or was interested or concerned in keeping or exhibiting a gaming table for gaming.
(63) KIDNAPPING.
A. B. unlawfully or forcibly inveigled, enticed or confined C. D., with intent to cause said C. D. to be imprisoned against his will, or to be sent out of the state against his will, etc., as the case may be.
(64) LIVING IN ADULTERY OR FORNICATION.
A. B., a man, did live with C. D., a woman, in a state of adultery or fornication; or A. B., a man, and C. D., a woman, did live together in a state of adultery or fornication.
(65) CARRYING ON, ETC., LOTTERY.
A. B. set up or was concerned in setting up or carrying on a lottery.
(66) MAINTAINING OR PERMITTING LIQUOR NUISANCE ON PREMISES.
A. B. did maintain or carry on or knowingly allow his property or premises to be used as a liquor nuisance for the manufacture, storage, receipt or disposition or handling of intoxicating or prohibited liquors contrary to law, against, etc.
(67) MALICIOUS, ETC., INJURY TO ANIMALS.
A. B. unlawfully, wantonly or maliciously killed, disabled, disfigured or injured a cow, the property of C. D.; or A. B. unlawfully, wantonly or maliciously destroyed or injured ______ , the property of C. D.
(68) MANSLAUGHTER IN THE FIRST DEGREE.
A. B. unlawfully and intentionally but without malice, killed C. D. by stabbing him with a knife (or by striking him with a stick, etc., as the case may be).
(69) MANSLAUGHTER IN SECOND DEGREE.
A. B. unlawfully, but without malice or the intention to kill, killed C. D., by negligently throwing a brick from the top of a house, (or by negligently running over him with a horse or by striking him with a stick, etc., as the case may be).
(70) POSSESSION, ETC., OF STILL, ETC.
A. B. did manufacture, sell, give away or have in his possession a still or apparatus or appliance or some device or substitute therefor to be used for the purpose of manufacturing or distilling prohibited liquors or beverages, against, etc.
(71) MAYHEM.
A. B. unlawfully, maliciously and intentionally cut out or disabled the tongue of C. D., or put out or destroyed an eye of C. D., etc.
(72) MURDER IN FIRST DEGREE.
A. B. unlawfully, and with malice aforethought, killed C. D., by shooting him with a gun or pistol (or by striking him with an iron weight, or by throwing him from the top of a house or by pushing him into the river, whereby he was drowned, etc., as the case may be).
(73) MURDER IN SECOND DEGREE.
A. B. unlawfully and with malice aforethought killed C. D. by shooting him with a gun (or by other means to be described), but without premeditation or deliberation.
(74) MURDER BY KILLING IN SUDDEN ENCOUNTER WITH CONCEALED WEAPON.
A. B. unlawfully killed C. D. in a sudden encounter, by the use of a deadly weapon concealed before the commencement of the fight, the said A. B. being the assailant, and his adversary having no deadly weapon drawn.
(75) PERJURY ON TRIAL OF FELONY CASE.
A. B., on his examination as a witness, duly sworn to testify, on the trial of one C. D., in the ____ court of ____ county, under an indictment for the murder of one E. F., which said court had authority to administer such oath, falsely swore, etc. (stating the facts), the matters so sworn to being material, and the testimony of the said A. B. being willfully and corruptly false.
(76) PERJURY IN CIVIL CASE OR OTHER PROCEEDING.
A. B., on an application for a continuance in a civil action in the ____ court of _____ county, in which one C. D. was plaintiff and the said A. B., defendant, being duly sworn by the clerk of said court who had authority to administer such oath, falsely swore, etc. (stating the fact), the matters so sworn to being material, and the oath of the said A. B. in relation to such matters, being willfully and corruptly false.
(77) PRACTICE OF MEDICINE, ETC., WITHOUT LICENSE.
A. B. did practice medicine or surgery without a license and contrary to law.
(78) POISONING SPRING, ETC.
A. B. willfully or wantonly poisoned a spring of water in the yard of C. D., or a reservoir of water in the public square in the town of Tuskegee, etc.
(79) POOLS, TRUSTS, COMBINATIONS, ETC.
A. B. did engage in, enter into or agree to engage in or enter into a combination, pool, trust or confederation with C. D. in violation of section 8-10-1.
(80) RAPE.
A. B. forcibly ravished C. D., a woman, etc.
(81) TAKING, ETC., REBATE, ETC.
A. B., an officer (agent or person authorized to purchase for the state, department or other institution named in the statutes, as the case may be), did ask or bargain for, demand, agree to take, receive or take from C. D., the seller of (here describe the property) $5.00, (or other thing of value, describing it), as a rebate, return, compensation, discount or drawback.
(82) RECEIVING, CONCEALING, ETC., STOLEN GOODS.
A. B. did buy, receive, conceal or aid in concealing, one watch of the value of ______ dollars, the personal property of C. D., knowing that it was stolen, and not having the intent to restore it to the owner, against, etc.
(83) REMOVING DEAD BODY FROM GRAVE FOR PURPOSE OF SALE, ETC.
A. B. removed from the grave the dead body of C. D., from wantonness, or for the purpose of dissection or sale.
(84) RESISTING OFFICER IN EXECUTING PROCESS.
A. B. did knowingly and willfully oppose or resist C. D., the sheriff of said county, in attempting to serve or execute a writ of execution, called a fieri facias, issued by the clerk of the circuit court of said county (or as the case may be, describing the process generally).
(85) DESTROYING, ETC., DWELLING, ETC.
A. B., C. D. and E. F., being unlawfully assembled, did demolish, pull down or destroy, or begin to demolish, pull down or destroy, a dwelling house.
(86) ROBBERY.
A. B. feloniously took a gold watch, of the value of _____ dollars, the property of C. D., from his person, and against his will, by violence to his person, or by putting him in such fear as unwillingly to part with the same.
(87) SALE OF SECURITIES BY UNREGISTERED DEALER, ETC.
A. B. did, contrary to law, and subsequent to the _____ day of ___, 20, without first having been registered as a dealer (or salesman) in the office of the State Securities Commission of Alabama, sell (or offer to sell, etc.) in this state shares of the capital stock of the X. Y. company (or otherwise describing the securities sold, offered for sale, etc.).
(88) SEDUCTION.
A. B., a man, did, by means of temptation, deception, arts, flattery or promise of marriage, seduce C. D., an unmarried woman.
(89) SELLING, GIVING OR LENDING PISTOL, BOWIE KNIFE, ETC., TO MINOR.
A. B. did unlawfully sell, give or lend a pistol or bowie knife, or other knife of like kind or description, to C. D., a minor, against, etc.
(90) SELLING OR CONVEYING MORTGAGED PROPERTY WITHOUT CONSENT OF MORTGAGOR.
A. B. did sell or convey personal property, consisting of one horse (or other property, as the case may be), upon which he had given a written mortgage, lien or deed of trust and which was then unsatisfied, without first obtaining the consent of the lawful holder thereof.
(91) SELLING, REMOVING, ETC., PERSONAL PROPERTY COVERED BY LIEN OR CLAIM.
A. B., with the purpose to hinder, delay or defraud C. D., who had a lawful and valid claim thereto, under a written instrument, lien created by law for rent or advances or other lawful and valid claim, verbal or written, did sell or remove personal property, consisting of one bale of cotton (or other property, as the case may be), of the value of $10.00, the said A. B., having at the time a knowledge of the existence of such claim.
(92) SELLING, ETC., OF UNREGISTERED SECURITIES.
A. B. did, contrary to law, and subsequent to the _____ day of ____, sell (or offer to sell, etc.) in this state, shares of the capital stock of the X. Y. company (or otherwise describing the security sold, offered for sale, etc.), which said stock (or other security) had not then been registered and recorded in the register of the Alabama Securities Commission.
(93) SETTING OFF EXPLOSIVE NEAR, ETC., DWELLING HOUSE, ETC.
A. B. willfully set off or exploded dynamite or other explosive in, under or dangerously near to the dwelling house of C. D., in which there was at the time a human being.
(94) SETTING OFF EXPLOSIVE NEAR, ETC., UNINHABITED DWELLING, ETC.
A. B. willfully set off or exploded dynamite or other explosive in, under or dangerously near to the uninhabited dwelling house of C. D. in which there was at the time no human being.
(95) CRIME AGAINST NATURE.
A. B., against the order of nature carnally knew C. D.; or A. B., against the order of nature, carnally knew a certain beast, to-wit, a cow, against, etc.
(96) SOLICITING, ETC., ORDER FOR PROHIBITED LIQUOR.
A. B. did solicit or receive from C. D. an order for prohibited liquors.
(97) ENGAGING IN HUNTING, ETC., ON SUNDAY.
A. B. unlawfully engaged in hunting or shooting (or gaming, or card playing or racing, as the case may be); or, being a merchant or shopkeeper, and not a druggist, kept open store, or did compel his child (or apprentice or servant, in the alternative, as the case may be) to perform labor not the customary duties of daily necessity or comfort or works of charity on Sunday, against, etc.
(98) TRESPASS AFTER WARNING.
A. B., without legal cause or good excuse, entered into the dwelling house or on the premises of C. D., after having been warned within six months preceding not to do so; or, A. B., having entered into the dwelling house or on the premises of C. D., failed or refused, without legal cause or good excuse, to immediately leave upon being ordered or requested to do so by C. D., or the person in possession, his agent or representative.
(99) USING FIREARMS WHILE FIGHTING IN PUBLIC PLACE.
A. B., while fighting at a militia muster (or in a street of the city of Mobile or at a public place, as the case may be) used, or attempted to use a pistol (or gun, as the case may be), not in self-defense, etc.
(100) VOLUNTARY PERMITTING OF ESCAPE BY SHERIFF.
A. B., while sheriff of said county, having the legal custody of one C. D., who was charged with burglary (or indicted for robbery, as the case may be), voluntarily permitted the said C. D. to escape.
(101) VOTING ILLEGALLY.
A. B. voted more than once, or deposited more than one ballot as his vote for the same office (or, not being 18 years of age, unlawfully voted), at the last general election held in this state (or the kind of election may be designated, as the case may be), against, etc.
(102) CATTLE THEFT.
A. B. feloniously took and carried away a cow (or an animal of the cow kind), the personal property of C. D.
Code 1852, §591; Code 1867, §4141; Code 1876, §4824; Code 1886, §4899; Code 1896, §4923; Code 1907, §7161; Acts 1915, No. 93, p. 136; Acts 1920, No. 120, p. 163; Code 1923, §4556; Acts 1927, No. 479, p. 552; Acts 1935, No. 378, p. 802; Acts 1936, Ex. Sess., No. 50, p. 28; Code 1940, T. 15, §259; Acts 1961, Ex. Sess., No. 238, p. 2251, §2.)
When any of the following crimes have been committed:
the Governor, upon application of the district attorney in the county in which it shall have been committed, may offer publicly a reward not exceeding $10,000.00 to the person who shall give information leading to the arrest and conviction of the guilty person; provided, however, that in cases involving murder, attempted murder, assassination or attempted assassination of any member of the judiciary, public or state official or any law enforcement officer, the Governor may increase the reward up to a maximum of $10,000.00. Any such reward shall be paid to the informer by the state by order of the court before which such conviction is had.
(Code 1923, §4161; Code 1940, T. 15, §44; Acts 1975, No. 444, p. 1066, §§1, 3; Acts 1977, No. 642, p. 1089.)
When a high crime or misdemeanor shall have been committed in any municipality, its governing body may offer publicly a reward not exceeding $3,000.00 to the person who shall give information leading to the arrest and conviction of the guilty person. Such reward shall be paid to the informer by the municipality upon order of the court before which such conviction is had.
(Code 1923, §4163; Code 1940, T. 15, §46; Acts 1982, No. 82-573, §1.)
Whenever a felony has been committed and the perpetrator thereof is unknown or when, being known, he absconds before being arrested or escapes from custody, either before or after conviction, the Governor is authorized, in his discretion, to offer by proclamation a reward not exceeding $5,000.00 for the apprehension or rearrest of such person within five years from the date of such proclamation, and to draw his warrant on the State Treasurer for the amount of such reward, when necessary to be paid.
(Code 1852, §797; Code 1867, §4348; Code 1876, §3976; Code 1886, §4746; Code 1896, §4777; Code 1907, §6939; Code 1923, §4162; Code 1940, T. 15, §45; Acts 1977, No. 641, p. 1089.)
When any reward shall be offered for the recovery of stolen property or for information which may lead to the arrest or the arrest and conviction of any criminal, or for both, the court before which conviction is had or the circuit court in the county where the offense was committed, at a criminal session, may decide upon the claims of the parties interested in such reward.
(Code 1923, §4164; Code 1940, T. 15, §47.)
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) GOVERNOR. Any person performing the functions of Governor by authority of the law of this state.
(2) EXECUTIVE AUTHORITY. The Governor and any person performing the functions of Governor in a state other than this state.
(3) STATE. Such term, when referring to a state other than Alabama, refers to any other state or territory of the United States of America.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §48.)
Subject to the qualifications of this division, the controlling provisions of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime who has fled from justice and is found in this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §49.)
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found, or by an information supported by affidavit, in the state having jurisdiction of the crime or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §50.)
When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §51.)
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present in the demanding state at the time of the commission of the alleged crime and that he thereafter fled from that state and is now in this state, and that he is lawfully charged by indictment or by an information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of crime in that state and has escaped from confinement or broken his parole.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §52.)
On demand of the executive authority of any other state, the Governor of this state may also surrender any person in this state charged in the other state in the manner provided in Section 15-9-31 with committing an act intentionally resulting in a crime in the other state, and the provisions of this division not otherwise inconsistent shall apply in such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled from that state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §53; Act 2017-64, §1.)
If the Governor shall decide that an extradition demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to a sheriff, marshal, coroner or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §54.)
A warrant of arrest issued by the Governor under this division shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this division to the duly authorized agent of the demanding state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §55.)
Every officer or other person empowered to make an arrest pursuant to a warrant issued under this division shall have the same authority in arresting an accused to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §56.)
(a) No person arrested upon a warrant of arrest issued under this division shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of the demand made for his surrender, the crime with which he is charged and that he has the right to demand legal counsel.
(b) If the prisoner, his friends or counsel shall state that he or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit court in this state, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
(c) Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor’s warrant in disobedience of this section shall be guilty of a misdemeanor, and on conviction shall be fined not more than $1,000.00 or be imprisoned not more than six months or both.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §§57, 58.)
The officer or person executing a Governor’s warrant of arrest under this division or the agent of the demanding state to whom the prisoner may have been delivered may confine the prisoner in the jail of any county or city through which he may pass when necessary. The keeper of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §59.)
Whenever any person within this state shall be charged on the oath of any credible person before any district or circuit court judge of this state with the commission of any crime in any other state and, except in cases arising under Section 15-9-34, with having fled from justice; or whenever complaint shall have been made before any district or circuit court judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state, that the accused has been charged in such state with the commission of the crime and, except in cases arising under Section 15-9-34, that he has fled from justice and is believed to have been found in this state, the judge shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed, directing him to apprehend the person charged, wherever he may be found in this state, and bring him before the same or any other district or circuit court judge who may be convenient of access to the place where the arrest may be made to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §60.)
(a) An officer or private citizen, without a warrant, may lawfully arrest an individual upon reasonable information that the individual stands charged in the courts of another state with any of the following:
(1) A crime punishable by death.
(2) A crime punishable by imprisonment for a term exceeding one year.
(3) Any crime otherwise punishable as a felony.
(b) Following an arrest pursuant to subsection (a), the arrestee must receive a hearing before a district or circuit court judge with all practicable speed. A complaint must be made against him or her under oath setting forth the ground for the arrest as in Section 15-9-40. Thereafter, his or her answer shall be heard as if he or she had been arrested on a warrant.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §61; Act 2026-17, §1.)
If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under Section 15-9-34, that he has fled from justice, the judge must commit him to jail by a warrant reciting the accusation for such a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be legally discharged.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the Governor of this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the district or circuit court judge may discharge him, may recommit him to a further day or may again take bail for his appearance and surrender, as provided in Section 15-9-43. At the expiration of the second period of commitment, or if he has been bailed and appeared according to the terms of his bond or undertaking, the judge may either discharge him or may require him to enter into a new bond or undertaking to appear and surrender himself at another day.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §64.)
If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the court, by proper order, shall declare the bond forfeited, and recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §65.)
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at his discretion, either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and discharged or convicted and punished in this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §66.)
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this division shall have been presented to the Governor, except as it may be involved in identifying the accused held as the person charged with the crime.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §67.)
Nothing in this division shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings, directly or indirectly, seek to aid in the collection of any debt, demand or claim against the party sought to be extradited.
(Code 1940, T. 15, §68.)
Under this division, the Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §69.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) ARRESTING OFFICER. An officer, employee, or agent of any state or of any political subdivision of a state who is required by law to: (i) maintain public order; (ii) make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) investigate the commission or suspected commission of offenses.
(2) FELONY. Any of the following crimes committed in any state:
a. A crime punishable by death.
b. A crime punishable by imprisonment for a term exceeding one year.
c. Any crime otherwise punishable as a felony.
(3) FRESH PURSUIT. a. The term includes, but is not limited to, all of the following:
The term as defined by the common law.
The pursuit of an individual who has committed a felony or who is reasonably suspected of having committed a felony.
The pursuit of an individual suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed.
b. The term does not necessarily imply instant pursuit, but pursuit without unreasonable delay.
(4) POWER TO ARREST. The legal authority to arrest and hold an individual in custody that is equivalent in scope to an Alabama law enforcement officer’s authority to arrest and hold in custody an individual believed to have committed a felony in this state.
(b) Any arresting officer of another state, while engaged in fresh pursuit of an individual believed to have committed a felony in that state, shall have the power to arrest that individual in this state.
(c) Subsection (b) shall not be construed to make any arrest in this state unlawful which would otherwise be lawful.
(d)(1) If an arrest is made in this state pursuant to subsection (b), the arresting officer, without unnecessary delay, shall take the individual before a district or circuit judge for the county in which the arrest was made. The judge shall conduct a hearing to determine the lawfulness of the arrest.
(2)a. If the judge determines that the arrest was lawful, he or she shall commit the individual to custody for a reasonable time to await the issuance of an extradition warrant or admit the individual to bail for the same purpose.
b. If the judge determines that the arrest was not lawful, he or she shall discharge the individual.
(Act 2025-17, §2.)
Whenever the Governor of this state shall demand a person charged with crime in this state from the chief executive of any other state or of the District of Columbia, he shall issue a warrant under the seal of this state to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §70.)
(a) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the offense is committed shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person charged, the crime charged against him, the approximate time, place and circumstances of its committal, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certification that, in the opinion of the said district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
(b) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the court, stating the offense with which the accused is charged.
(c) The district attorney may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application.
(d) One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint or information and affidavit shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §71.)
(a) Expenses incurred in transporting an accused individual shall be paid as follows:
(1) When the individual is accused of a crime punishable by confinement with the Department of Corrections or death, the expenses shall be paid out of the State Treasury, on the certificate of the Governor and warrant of the Comptroller.
(2) In all other cases, the expenses shall be paid out of the county treasury in the county in which the crime is alleged to have been committed.
(b) Notwithstanding any other provision of law regulating expenses of state officers and employees, the sheriff or other agent of the state shall receive all of the following:
(1) One hundred dollars ($100) per day while going to and returning from the place where the prisoner is arrested or confined.
(2) Actual necessary expenses.
(3) Transportation expenses, which shall be reimbursed as provided under Article 2 of Chapter 7 of Title 36.
(c) Any expenses incurred by an agent of another state may also be paid pursuant to subsection (a).
(Code 1896, §4569; Code 1907, §6645; Code 1923, §3749; Acts 1931, No. 482, p. 559; Code 1940, T. 15, §72; Acts 1957, No. 539, p. 760; Act 2024-398, §1.)
A person brought into this state on extradition based upon a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer when he is returned until he has been convicted in the criminal proceeding or, if acquitted, until he has had ample opportunity to return to the state from which he was extradited.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §73.)
After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed in Alabama, in addition to those specified in the requisition for his extradition.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §74.)
In cases where notice is received in this state from the authorities in another state that a person has been arrested for a crime committed in this state, and the sheriff of the county in which said crime was committed goes to the state aforesaid and the person aforesaid consents to return with said sheriff without requisition from the Governor, said sheriff shall be entitled to the fees and expenses now provided by law where requisitions issue. This section shall apply to felonies and misdemeanors alike, whether there be a conviction of the person apprehended or not.
(Code 1923, §3742; Code 1940, T. 15, §75; Acts 1957, No. 540, p. 761.)
This article may be cited as the Uniform Mandatory Disposition of Detainers Act.
(Acts 1978, No. 590, p. 693, §2.)
The agreement on detainers is hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions legally joining therein, in the form substantially as follows:
AGREEMENT ON DETAINERS
The contracting states solemnly agree that:
Article I.
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Article II.
As used in this agreement:
(a) “State” shall mean 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.
(b) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.
(c) “Receiving state” shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.
Article III.
(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint; provided, that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decision of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.
Article IV.
(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and provided further, that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the Governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.
(b) Upon request of the officer’s written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Article V.
(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner’s presence in federal custody at the place of trial, whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whose temporary custody this prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run, but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state, and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Article VI.
(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this agreement shall apply to any person who is adjudged to be mentally ill.
Article VII.
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Article VIII.
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Article IX.
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the Constitution of any party 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 agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the Constitution of any state party hereto, the agreement 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.
The phrase “appropriate court,” as used in the agreement on detainers, shall, with reference to the courts of this state, mean any court with criminal jurisdiction.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes.
Escape from custody while in another state pursuant to the agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provisions of the agreement on detainers, and shall be punishable in the same manner as an escape from said institution.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
The Governor is hereby authorized and empowered to designate an administrator who shall perform the duties and functions and exercise the powers conferred upon such person by Article VII of the agreement on detainers.
In order to implement Article IV(a) of the agreement on detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon receipt of the officer’s written request, notify the prisoner and the governor in writing that a request for temporary custody has been made and such notification shall describe the source and contents of said request. The authorities having custody of the prisoner shall also advise him in writing of his rights to counsel, to make representations to the Governor within 30 days and to contest the legality of his delivery.
(Acts 1978, No. 590, p. 693, §1.)
(a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information or complaint pending against him in this state. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the district attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.
(b) The warden or other like official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information or complaint against him of which the warden or other like official had knowledge or notice, and of his right to make a request for final disposition thereof.
(c) Failure of the warden or other like official to inform a prisoner, as required by this section, within one year after a detainer has been filed at the institution, shall entitle him to a final dismissal of the indictment, information or complaint with prejudice.
(Acts 1978, No. 590, p. 693, §3.)
The request shall be delivered to the warden or other like official having custody of the prisoner, who shall forthwith:
(1) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the prisoner and any decisions of the State Board of Pardons and Paroles relating to the prisoner; and
(2) Send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to the district attorney to whom it is addressed.
(Acts 1978, No. 590, p. 693, §4.)
Within 90 days after the receipt of the request and certificate by the court and district attorney or within such additional time as the court for good cause shown in open court may grant, the prisoner or his counsel being present, the indictment, information or complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the attorney of record and opportunity for him to be heard. If, after such a request, the indictment, information or complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information or complaint be of any further force or effect, and the court shall dismiss it with prejudice.
(Acts 1978, No. 590, p. 693, §5.)
Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request.
(Acts 1978, No. 590, p. 693, §6.)
This article does not apply to any person adjudged to be mentally ill.
(Acts 1978, No. 590, p. 693, §7.)
The warden or other like official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this article, and for a record thereof to be placed in the prisoner’s file.
(Acts 1978, No. 590, p. 693, §8.)
This article shall be so construed as to effectuate its general purpose to make uniform the laws of this state with those states joining in the Interstate Agreement on Detainers Act.
(Acts 1978, No. 590, p. 693, §9.)
When a treaty is in effect between the United States and a foreign country that provides for the transfer of convicted offenders who are citizens or nationals of the foreign country, the Governor of Alabama or the Commissioner of the Department of Corrections, if designated by the Governor, may consent to the transfer of the convicted offenders who are under the jurisdiction of the Department of Corrections to the place or jurisdiction specified in the treaty. The Governor may take any other action necessary to initiate the participation of this state in the treaty.
(Acts 1994, 1st Ex. Sess., No. 94-816, p. 134, §1.)
An arrest may be made, under a warrant or without a warrant, by any sheriff or other officer acting as sheriff or his deputy, or by any constable, acting within their respective counties, or by any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county.
(Code 1852, §434; Code 1867, §3983; Code 1876, §4653; Code 1886, §4260; Code 1896, §5209; Code 1907, §6267; Code 1923, §3261; Code 1940, T. 15, §152.)
An officer may execute a warrant of arrest on any day and at any time; but in doing so, he must inform the defendant of his authority and, if required, must show the warrant. If an officer executing an arrest warrant is refused admittance after notice of his authority and purpose, he may break an outer or inner door or window of a dwelling house in order to make the arrest.
(Code 1852, §435; Code 1867, §3984; Code 1876, §4654; Code 1886, §4261; Code 1896, §5210; Code 1907, §6268; Code 1923, §3262; Code 1940, T. 15, §153.)
(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances:
(1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer.
(2) When a felony has been committed, though not in the presence of the officer, by the person arrested.
(3) When a felony has been committed and the officer has probable cause to believe that the person arrested committed the felony.
(4) When the officer has probable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.
(5) When a charge has been made, upon probable cause, that the person arrested has committed a felony.
(6) When the officer has actual knowledge that a warrant for the person’s arrest for the commission of a felony or misdemeanor has been issued, provided the warrant was issued in accordance with this chapter. However, upon request the officer shall show the warrant to the arrested person as soon as possible. If the officer does not have the warrant in his or her possession at the time of arrest the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.
(7) When the officer has probable cause to believe that a felony or misdemeanor has been committed by the person arrested in violation of a protection order, including a domestic violence protection order or an elder abuse protection order, issued by a court of competent jurisdiction.
(8) When an offense involves a crime of domestic violence, including domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, or elder abuse as defined in Section 38-9F-3, and the arrest is based on probable cause.
(b) When a law enforcement officer investigates an allegation of domestic violence or elder abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complaint, and the disposition of the case.
(c) If the defendant is arrested under this section for committing an act of domestic violence, including domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, in violation of a domestic violence protection order, or an act of elder abuse in violation of an elder abuse protection order, the defendant shall be held in custody until brought before the court within 48 hours for the purpose of enforcing the protection order and for consideration of bail in accordance with Section 15-13-190 and the applicable rules of criminal procedure, pending a hearing. If the defendant is not brought before the court within 48 hours, the defendant shall be subject to bail according to the Alabama Rules of Criminal Procedure.
(Code 1852, §445; Code 1867, §3994; Code 1876, §4664; Code 1886, §4262; Code 1896, §5211; Code 1907, §6269; Code 1923, §3263; Code 1940, T. 15, §154; Acts 1989, No. 89-857, p. 1710, §2; Acts 1995, No. 95-534, p. 1081, §1; Act 2000-266, p. 411, §8; Act 2015-493, p. 1679, §2; Act 2017-284, §12; Act 2019-252, §1.)
When arresting a person without a warrant, the officer must inform of his authority and the cause of arrest, except when the person is arrested in the actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer has authority to break open an outer or inner door or window of a dwelling house if, after notice of his office and purpose, he is refused admittance.
(Code 1852, §446; Code 1867, §3995; Code 1876, §4665; Code 1886, §4263; Code 1896, §5212; Code 1907, §6270; Code 1923, §3264; Code 1940, T. 15, §155.)
When a public offense is committed in the presence of a judge or magistrate, he may, by verbal or written order, command any person to arrest the offender and, when the offender has been arrested, may thereupon proceed as if such offender had been brought before him on a warrant of arrest.
(Code 1852, §448; Code 1867, §3997; Code 1876, §4667; Code 1886, §4265; Code 1896, §5214; Code 1907, §6272; Code 1923, §3266; Code 1940, T. 15, §157.)
(a) A private person may arrest another for any public offense:
(1) Committed in his presence;
(2) Where a felony has been committed, though not in his presence, by the person arrested; or
(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.
(b) An arrest for felony may be made by a private person on any day and at any time.
(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.
(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.
(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
(Code 1852, §§449-452; Code 1867, §§3998-4001; Code 1876, §§4668-4671; Code 1886, §§4266-4268; Code 1896, §§5215-5217; Code 1907, §§6273-6275; Code 1923, §§3267-3269; Code 1940, T. 15, §§158-160.)
Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody of such prisoner to notify the Governor or Chief Justice of the Supreme Court at once of the arrest of such person. An officer failing to give such notice as soon as possible after the arrest of such prisoner is guilty of a misdemeanor.
(Code 1907, §6276; Code 1923, §3270; Code 1940, T. 15, §161.)
If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and retaken at any time and in any place in the state. If such officer or person is refused admittance, after notice of his intention, he may break open an outer or inner door or window of a dwelling house in order to retake the person so escaping or rescued.
(Code 1852, §453; Code 1867, §4002; Code 1876, §4672; Code 1886, §4269; Code 1896, §5218; Code 1907, §6277; Code 1923, §3271; Code 1940, T. 15, §162.)
Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein by any law enforcement officer having the warrant or writ. The law enforcement officer shall summon the assistance of local law enforcement if possible to assist in making the arrest and only then may exercise the same authority as the officer possesses in his or her own county or jurisdiction.
(Code 1852, §436; Code 1867, §3985; Code 1876, §4655; Code 1886, §4270; Code 1896, §5219; Code 1907, §6278; Code 1923, §3272; Code 1940, T. 15, §163; Act 2006-547, §1.)
Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county authorized to issue such a warrant, to the following effect: “A. B. is authorized to execute this warrant in ________ County,” may summon persons to assist him in making the arrest, and exercise the same authority as in his own county.
(Code 1852, §437; Code 1867, §3986; Code 1876, §4656; Code 1886, §4271; Code 1896, §5220; Code 1907, §6279; Code 1923, §3273; Code 1940, T. 15, §164.)
When the warrant of arrest is executed in any county other than the one in which it is issued and is for a felony, or when for a misdemeanor and the defendant is not bailed according to the provisions of Sections 15-7-20 and 15-7-21, he must be brought before the judge or magistrate issuing the warrant or, if such judge or magistrate is unable to attend or his office is vacant, before some other judge or magistrate of the county in which such warrant is issued, and the warrant, with a proper return thereof, must be delivered to such judge or magistrate.
(Code 1852, §444; Code 1867, §3993; Code 1876, §4663; Code 1886, §4274; Code 1896, §5223; Code 1907, §6282; Code 1923, §3276; Code 1940, T. 15, §167.)
[Repealed]
Repealed by Act 2006-547, p. 1264, §2, effective July 1, 2006.
(Code 1852, §§438, 439; Code 1867, §§3987, 3988; Code 1876, §§4657, 4658; Code 1886, §§4272, 4273; Code 1896, §§5221, 5222; Code 1907, §§6280, 6281; Code 1923, §§3274, 3275; Code 1940, T. 15, §§165, 166.)
(a) A peace officer, a merchant or a merchant’s employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant or merchant’s employee shall not render such police officer, merchant or merchant’s employee criminally or civilly liable for false arrest, false imprisonment or unlawful detention.
(b) Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.
(c) A merchant or a merchant’s employee who causes such arrest as provided for in subsection (a) of this section of a person for larceny of goods held for sale shall not be criminally or civilly liable for false arrest or false imprisonment where the merchant or merchant’s employee has probable cause for believing that the person arrested committed larceny of goods held for sale.
(Acts 1957, No. 184, p. 237, §§1-3.)
After an indictment has been returned by the grand jury, the court may order any defendant who is present and who has not been arrested to be taken into custody without process. When the defendant has given bail prior to the return of an indictment against him for a capital offense, the court may, in its discretion, likewise order him into custody.
(Code 1867, §4152; Code 1876, §4825; Code 1886, §4395; Code 1896, §5251; Code 1907, §6283; Code 1923, §3277; Code 1940, T. 15, §168.)
A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.
(Code 1852, §601; Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284; Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)
When the indictment is for a felony, the writ of arrest may be substantially in the following form:
State of Alabama,
_____ County.
To any sheriff of the state:
An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ County, for the offense of ______ (describing the offense so as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said defendant and commit him to jail; and that you return this writ according to law.
(signed) C. D., Clerk of the circuit court of _____ Ccounty.Dated this _____ day of ____, 20.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253; Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)
When the indictment is for a misdemeanor, the writ of arrest may be in the same form as that set out in Section 15-10-41; except, that after the words “commit him to jail,” there must be added the words, “unless he gives bail to answer such indictment.”
(Code 1852, §603; Code 1867, §4155; Code 1876, §4828; Code 1886, §4398; Code 1896, §5254; Code 1907, §6286; Code 1923, §3280; Code 1940, T. 15, §171.)
As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without an order.
(Code 1852, §616; Code 1867, §4168; Code 1876, §4839; Code 1886, §4399; Code 1896, §5255; Code 1907, §6287; Code 1923, §3281; Code 1940, T. 15, §172.)
A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing a warrant of arrest.
(Code 1852, §604; Code 1867, §4156; Code 1876, §4829; Code 1886, §4400; Code 1896, §5256; Code 1907, §6288; Code 1923, §3282; Code 1940, T. 15, §173.)
All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff or his deputy or any person specifically designated for that purpose in any county adjoining that where such court is in session.
(Code 1907, §6289; Code 1923, §3283; Code 1940, T. 15, §174.)
When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of the writ, which copy is as good authority for the detention of the defendant as the original writ.
(Code 1852, §610; Code 1867, §4162; Code 1876, §4833; Code 1886, §4401; Code 1896, §5257; Code 1907, §6290; Code 1923, §3284; Code 1940, T. 15, §175.)
(a) All writs of arrest, with the undertaking of bail when given, must be returned by the sheriff to the clerk of the court from which they were issued, with the proper return thereon endorsed.
(b) If the writ of arrest is executed, the return must be made within five days after service; but if executed out of the county in which the indictment was found, the return may be made by depositing the writ in the post office within five days after service in a sealed envelope, postage prepaid, directed to the clerk of the court at the courthouse of his county, with the title of the case and the character of the process endorsed on the envelope.
(c) When any writ of arrest is not executed, it must be returned by the sheriff to the clerk of the court from which it was issued; and when the return is made by the sheriff of any other county than that in which the indictment was found, it may be made by mail, as prescribed by subsection (b) of this section.
(d) The clerk of the court must take from the post office all packages addressed to him which are endorsed according to the provisions of subsection (b) of this section, and the expense of the same must be paid by the county.
(e) Any sheriff who fails to comply with the provisions of subsections (b) and (c) of this section may be compelled to make the return by attachment and also forfeits to the state, for the use of the county, $50.00, which may be recovered with costs against him and his sureties, or any of them, having three days’ notice thereof by motion in the court in which the indictment was found. On the trial of such motion, the certificate of the postmaster is presumptive evidence of the deposit of the writ of arrest, the superscription and endorsement on the envelope.
(Code 1852, §§611-614; Code 1867, §§4163-4166; Code 1876, §§4834-4837; Code 1886, §§4402-4405; Code 1896, §§5258-5261; Code 1907, §§6291-6294; Code 1923, §§3285-3288; Code 1940, T. 15, §§176-179.)
A “bench warrant” is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue it within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the sheriff of the county where the accusation was found may receive the bail, fix the amount of the bond and approve the sureties, unless it is a case that is bailable only before some particular officer.
(Code 1907, §7862; Code 1923, §5597; Code 1940, T. 15, §184.)
When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by an officer of the county in which he is arrested, such arresting officer shall immediately commit him to a jail or guardhouse nearest to the place of arrest, and the sheriff of such county shall at once notify the sheriff of the county in which such person is triable of the fact of such arrest and confinement.
(Code 1886, §4549; Code 1896, §4960; Code 1907, §§6639, 7205; Code 1923, §§3743, 4815; Code 1940, T. 15, §180.)
The sheriff of the county where such person is triable, upon receipt of such notification, shall apply to the district court of his county for a removal order. The district court to whom the application is presented shall grant the same upon a finding that a removal order is in the interest of justice.
(Code 1907, §6640; Code 1923, §3744; Code 1940, T. 15, §181.)
The arresting officer shall make the following endorsement on the back of the removal order: “This is to certify that I have this _____ day of _____ delivered to ______, sheriff of _____ County, or to his deputy, _____, the within named prisoner or prisoners, _____, sheriff of _____ County.”
(Code 1907, §6641; Code 1923, §3745; Code 1940, T. 15, §182.)
Whenever a sheriff makes application for the employment of a guard in the removal of a prisoner from another county, such application must be in writing and briefly set forth the facts necessitating the employment of a guard, which shall be verified by oath and filed in the district court of the county to which such removal is made. The district court making the order of removal, if it grants the application for a guard, shall endorse thereon that it has investigated the facts and believes a guard to be necessary. No guard shall be obtained for the removal of a prisoner charged with a misdemeanor, except upon the order of the Governor or a circuit judge in cases when it is necessary to protect the prisoner from violence.
(Code 1896, §4566; Code 1907, §6642; Code 1923, §3746; Code 1940, T. 15, §183.)
(a) This section shall be known as the Alabama Fresh Pursuit Act.
(b) “Fresh pursuit” as used in this section does not necessarily mean instant pursuit but it does mean pursuit without unreasonable delay.
(c) The authority of any peace officer of this state whose arrest powers are otherwise limited to a political subdivision or subdivisions of this state, shall extend throughout the county and into any adjacent county when the officer is in fresh pursuit of a person or persons to be arrested for a misdemeanor. Such authority shall extend throughout the state when the officer is in fresh pursuit of a person or persons to be arrested for a felony. Following such pursuit, the arrest powers of the officer in a political subdivision or subdivisions other than his own shall be the same in all respects as the arrest powers the officer has in his own political subdivision.
(d) This section shall not be construed to restrict or limit in any way other statutory or common-law arrest powers that any peace officer of this state has when acting as an officer or as a private citizen.
(Acts 1981, No. 81-655, p. 1071.)
It shall be the duty of the sheriff of each county in this state who shall first take a person into custody to fingerprint such person and furnish a copy of such fingerprints, with the fingerprint card properly filled out, to the Director of the Federal Bureau of Investigation, Washington, D.C., and a copy to the Director, Department of Public Safety, State Bureau of Investigation, Montgomery, Alabama.
(Acts 1943, No. 420, p. 385, §1.)
The Department of Public Safety, State Bureau of Investigation, shall constitute the central assembling agency of the State of Alabama for receiving such fingerprint records. Said agency shall maintain such records and shall furnish to all law-enforcement agencies and officers of the State of Alabama any information to be derived therefrom on request in writing.
(Acts 1943, No. 420, p. 385, §2.)
The county commissions of the several counties in this state shall furnish to the sheriffs of the respective counties, at county expense, such equipment as may be required for the purpose of this article other than fingerprint cards and envelopes.
(Acts 1943, No. 420, p. 385, §3.)
The State of Alabama, through the Department of Public Safety, shall provide the form of the fingerprint cards and furnish the several sheriffs with said uniform fingerprint cards and envelopes.
(Acts 1943, No. 420, p. 385, §4.)
(a) For the purposes of this article the following terms shall have the following meanings:
(1) FACIAL BIOMETRIC DATA. A unique numerical representation of an individual’s face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.
(2) FACIAL RECOGNITION TECHNOLOGY. Any computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric data, searches for matching facial biometric data in a database populated with many individuals’ facial biometric data linked to personally identifiable information, and provides match results based on the similarity between the unknown individual’s facial biometric data and the facial biometric data in the database.
(Act 2022-420, §1.)
(a) A state or local law enforcement agency may not use facial recognition technology match results as the sole basis to establish probable cause in a criminal investigation or to make an arrest.
(b) To establish probable cause in a criminal investigation or to make an arrest, a state or local law enforcement agency may use facial recognition technology match results only in conjunction with other lawfully obtained information and evidence.
(Act 2022-420, §2.)
Every person charged with and arrested for a felony before his indictment shall have an absolute right to a preliminary hearing on said charge upon such person’s demand within 30 days following said arrest; provided, that such person’s failure or refusal to appear for such preliminary hearing or his absence from the state at the time of the setting for the preliminary hearing shall not delay or invalidate an indictment pursuant to said charge.
(Acts 1975, No. 1205, §4-106.)
The district court shall exercise exclusive jurisdiction to hold preliminary hearings in prosecutions for felonies.
A preliminary hearing determination by the district court finding no probable cause shall not be res judicata with respect to the issue of probable cause, and the state shall not be barred from proceeding further.
(Acts 1975, No. 1205, §4-106.)
When a defendant is brought before a district court under a warrant of arrest for preliminary examination, the court may adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one time, without the consent of the defendant, and to the same or a different place in the county. In such case, if the defendant is charged with a capital offense, he must be committed to jail in the meantime; but if the offense is not capital, he may give bail in such sum as the court directs for his appearance for such further examination or, for the want thereof, must be committed. On the day to which the examination was adjourned, the defendant may be brought before the court by verbal order to the officer who had charge of him or by order in writing to a different person if the custody has been changed.
(Code 1852, §454; Code 1867, §4003; Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code 1907, §7594; Code 1923, §5227; Code 1940, T. 15, §129.)
If the defendant does not appear before the district court at the time to which an examination is adjourned, the default on the undertaking of bail shall be certified by the district court to the circuit court, and the like proceedings must be had thereon as upon the breach of an undertaking in that court, the certificate being presumptive evidence of the default of the defendant.
(Code 1852, §455; Code 1867, §4004; Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228; Code 1940, T. 15, §130.)
On the failure of the defendant to appear on the day to which an examination is adjourned, another warrant of arrest may be issued, upon which the same proceedings may be had against the defendant as on the original warrant.
(Code 1852, §457; Code 1867, §4006; Code 1876, §4676; Code 1886, §4283; Code 1896, §5232; Code 1907, §7597; Code 1923, §5230; Code 1940, T. 15, §132.)
The court before whom any person is brought charged with a public offense must examine the complainant and the witnesses for the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the testimony for the prosecution is heard, the witnesses for the defendant must be sworn and examined.
(Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code 1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)
In a preliminary examination, the defendant may appear by counsel and, on application, the court may direct the witnesses for the prosecution or defense, or both, to be kept separate so that they cannot hear the evidence or converse with each other until examined. Such an examination is under the control of the court and should be so conducted as to elicit the facts of the case.
(Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678, 4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940, T. 15, §134.)
In a preliminary examination, it shall be the duty of the court to examine all witnesses having any knowledge of any facts relevant to such investigation, whether such witnesses were summoned in behalf of the state or of the defendant.
(Code 1907, §7603; Code 1923, §5236; Code 1940, T. 15, §138.)
If upon the whole evidence in a preliminary examination it appears to the court that no offense has been committed or that there is no probable cause for charging the defendant therewith, the defendant must be discharged.
(Code 1852, §461; Code 1867, §4010; Code 1876, §4680; Code 1886, §4287; Code 1896, §5236; Code 1907, §7604; Code 1923, §5237; Code 1940, T. 15, §139.)
(a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if the offense is not bailable, he must be committed to jail by an order in writing.
(b) The form of commitment may be in substance as follows: “The State of Alabama,_____ County.To the jailer of _____ County:
On the examination of A. B., charged with the offense of murder (or other offense, as the case may be, describing it by name, or so that it may be clearly inferred), it appearing that such offense has been committed and that there is sufficient cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him into your custody and to detain him until he is legally discharged.
Dated this ____ day of ___, 20
C. D., Judge, District Court.”
(Code 1852, §§462, 463; Code 1867, §§4011, 4012; Code 1876, §§4681, 4682; Code 1886, §§4288, 4289; Code 1896, §§5237, 5238; Code 1907, §§7605, 7606; Code 1923, §§5238, 5239; Code 1940, T. 15, §§140, 141.)
Whenever a person is committed to jail for a bailable offense under the provisions of this chapter, the court must endorse on the commitment the amount of bail required and sign his name thereto. The sheriff of the county to which the defendant is committed may discharge him on giving sufficient bail in the amount so endorsed and must, in such case, return the undertaking to the court to which such person is bound to appear within five days thereafter.
(Code 1852, §465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907, §7608; Code 1923, §5241; Code 1940, T. 15, §144.)
(a) The court may require the witnesses for the prosecution to enter into an undertaking, in the sum of $100.00 each, to appear and testify at the court having cognizance of the offense and, if requested by the defendant, may require his witnesses to enter into such undertaking.
(b) The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
“The State of Alabama, )We, A.B., C.D., and E.F., witnesses against (or for, as the case may be), G.H.,__________ County, )
charged with a public offense, do each agree to appear at the district court of _____ County, to give evidence against (or for, as the case may be) him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking is for the defendant’s witnesses) $100.00.
Dated this _____ day of ___, 20. (Signed) A.B. C.D. E.F.Taken by L. M., Judge, District Court.”
(c) Whenever the court has good reason to believe that a witness for the prosecution will not appear to testify, it may order such witness to enter into an undertaking to appear and testify in a larger sum and with sufficient sureties, but such surety must not be required from any witness who does not reside in this state and within 50 miles of the place where the examination takes place.
(Code 1852, §§466-469; Code 1867, §§4015-4018; Code 1876, §§4685-4688; Code 1886, §§4292-4294; Code 1896, §§5241-5243; Code 1907, §§7609-7611; Code 1923, §§5242-5244; Code 1940, T. 15, §§145-147.)
Married women and minors, when material witnesses for the prosecution, may also be required, in the discretion of the court, to procure sureties who will undertake for their appearance to testify.
(Code 1852, §470; Code 1867, §4019; Code 1876, §4689; Code 1886, §4295; Code 1896, §5244; Code 1907, §7612; Code 1923, §5245; Code 1940, T. 15, §148.)
(a) Any witness required under this chapter to enter into an undertaking, with or without surety, may be committed to jail on failure or refusal to do so.
(b) In cases arising under subsection (a) of this section, the court must state in the commitment the amount of the undertaking and whether surety is required; and the witness must be discharged by the sheriff on entering into the undertaking as required.
(Code 1852, §§471, 472; Code 1867, §§4020, 4021; Code 1876, §§4690, 4691; Code 1886, §§4296, 4297; Code 1896, §§5245, 5246; Code 1907, §§7613, 7614; Code 1923, §§5246, 5247; Code 1940, T. 15, §§149, 150.)
(a) When any person is held by a district court to answer an indictment for a public offense, it is the duty of such court to return to the district attorney immediately after the order holding or committing such person the affidavit and warrant of arrest, with a transcript of the docket, a list of the state’s witnesses and all costs and all undertakings of bail by parties or witnesses in the case.
(b) When there has been no such committals since the last session of the circuit court, the district court shall make a report of that fact to the district attorney.
(Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code 1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)
When used in this chapter, the following terms shall have the following meanings:
(1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant.
(2) CONTRACT COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association, corporation, or partnership of lawyers so licensed, executing a contract for the provision of indigent defense services.
(3) DIRECTOR. The Director of the Office of Indigent Defense Services.
(4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding in the trial or appellate courts of the state for which proceeding representation by counsel is constitutionally required or is authorized or required by statute or court rule, including parents of children during the termination of parental rights hearings, who under oath or affirmation states that he or she is unable to pay for his or her representation, and who is found by the court to be financially unable to pay for his or her representation based on a written findings as further provided below that the person is indigent based on one of the following criteria:
a. A person that has an income level at or below 125 percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services, unless the court determines that the person is able to pay for the cost of an attorney to represent the person on the pending case.
b. A person that has an income level greater than 125 percent, but at or below 200 percent, of the most recently revised poverty income guidelines published by the United States Department of Health and Human Services and the court makes a written finding that not providing indigent defense services on the pending case would cause the person substantial hardship.
c. A person that has an income level greater than 200 percent of the most recently revised poverty income guidelines published by the United States Department of Health and Human Services and the person is charged with a felony, and the court makes a written finding that not providing indigent defense services would cause the person substantial hardship.
(5) INDIGENT DEFENSE SERVICES. Those legal services that are necessary for representation of an indigent defendant.
(6) INDIGENT DEFENSE SYSTEM. Any method or mixture of methods for providing legal representation to an indigent defendant, including use of appointed counsel, use of contract counsel, or use of public defenders.
(7) NONOVERHEAD EXPENSES. The reasonable expenses incurred during and directly related to an appointed counsel’s legal representation of an indigent defendant including, but not limited to, mileage, postage, and reasonable costs of photocopying. Nonoverhead expenses do not include fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant; office overhead expenses, such as professional license fees; malpractice, casualty, health, general disability, and workers’ compensation insurance; office salaries; ad valorem taxes; office supplies; office rent; depreciation of office equipment and furniture; continuing legal education expenses, including travel and lodging; utilities; bank fees and interest on loans; professional fees; and other overhead expenses or costs.
(8) OFFICE. The Office of Indigent Defense Services.
(9) PUBLIC DEFENDER. Any attorney licensed to practice law in the State of Alabama, other than contract counsel or appointed counsel, who receives a salary for representing an indigent defendant.
(10) TRIAL COURT. Any juvenile, district, or circuit court of the State of Alabama, not including municipal or probate courts of the State of Alabama.
(Acts 1975, No. 1205, §9-101; Acts 1995, No. 95-757, p. 1770, §1; Act 2011-678, p. 1862, §6.)
[Repealed]
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1975, No. 1205, §9-105.)
[Repealed]
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1975, No. 1205, §9-103.)
(a) In each judicial circuit, a voluntary indigent defense advisory board shall be established.
(b)(1) Each board shall be composed of five members who are residents of the judicial circuit in which they are appointed, including the presiding circuit judge as the chair, the president of the local circuit bar association, two attorneys who regularly practice in the criminal or juvenile courts of the judicial circuit, and one other attorney, all selected by the bar commissioner or commissioners for that circuit.
(2) In the event the presiding judge has a conflict of interest that prevents his or her service on the board, the presiding judge shall designate another member of the judiciary from within the circuit to serve on the board.
(3) The membership of the voluntary indigent defense advisory board in each judicial circuit shall be inclusive and reflect the racial, gender, urban, rural, and economic diversity of the judicial circuit.
(4) In a multi-county circuit, the bar commissioner or commissioners shall select the president of a county bar association existing within the circuit to serve on the indigent defense advisory board.
(5) Each member shall serve for a term of one year from the date of appointment and members may be reappointed.
(6) Vacancies on the indigent defense advisory board shall be filled by the presiding judge.
(c) Members of the board shall serve without compensation; except, that necessary travel expenses in connection with board business shall be paid by the office in the same manner as for state employees generally.
(d) The board shall meet at least once quarterly and shall meet whenever so requested by the presiding circuit judge or by two members of the board. Three members shall constitute a quorum for conducting business.
(e) The board shall perform the following duties and have the following powers:
(1) Analyze, study, and determine the method of indigent defense systems to be used in the circuit. The director may appeal the determination of the board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final.
(2) Provide to the director any information reasonably requested regarding the indigent defense systems used or recommended for the circuit.
(3)a. At the request of the director, review and provide written recommendations on any statements, fee declarations, cumulative timesheets, or bills rendered or submitted for the provision of indigent defense services in the circuit.
b. In reviewing any fee declarations or cumulative timesheets, the board shall consider all of the following:
Billing standards and practices established by the director and contained in Chapter 355-9-1 of the Alabama Administrative Code.
The prior billing history of the attorney, which shall be provided by the Office of Indigent Defense Services along with the fee declaration.
Any prior fee voucher adjustment that resulted in a reduction of requested fees or other recommended remedial action and the nature of the remedial action as determined by the director.
c. Following the review of a fee declaration, but prior to the issuance of any written recommendation to the director, the board shall provide the attorney with an opportunity to provide evidence and argument in support of the fee voucher.
d. The board shall submit a written report containing recommendations based on its review of the fee voucher and its communications with the attorney of record.
(4) Convene a meeting of all attorneys handling court appointed representation of indigent defendants to review billing standards and practices adopted by the Office of Indigent Defense Services.
(f) Members of the board shall have the same immunity afforded to state agents as provided in Section 36-1-12.
(Acts 1975, No. 1205, §9-104; Acts 1995, No. 95-757, p. 1770, §1; Act 2011-678, p. 1862, §6; Act 2024-161, §1.)
(a) Judicial role in determining indigency. The trial judge shall determine, in accordance with the policies and procedures established by the Office of Indigent Defense Services, if a person in his or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from the trial court to the state appellate court, the trial judge who presided over the proceedings on appeal shall determine if the appellant is an indigent defendant in accordance with the policies and procedures established by the Office of Indigent Defense Services. If an indigency determination is necessary in any proceeding initiated originally in a state appellate court , the presiding judge or chief justice of the appellate court shall determine if the appellant or petitioner is an indigent defendant.
(b) Criteria for determining indigency. In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings. The director may by rules provide for additional documentation of indigency, including, but not limited to, tax returns, asset statements, or other similar documentation as necessary.
(c) Investigation of indigency. In determining the fact of indigency a judge may require an investigation and report by a district attorney, public defender, sheriff, probation officer, or other officer of the court. Provided, further, that the trial judge shall, in all cases requiring a determination of indigency, require the accused to execute an affidavit of substantial hardship on a form approved by the director. The completed affidavit of substantial hardship and the subsequent order of the court either denying or granting indigent defense services to the indigent defendant shall become a part of the official court record in the case.
(d) Provision of defense services. The judge making a determination of indigency shall provide indigent defense services for the indigent defendant through an indigent defense system provided for the circuit; however, if no indigent defense system exists, then the judge may provide indigent defense services otherwise in accordance with Act 2011-678. To the extent possible, judges shall provide continuity in legal representation.
(Acts 1975, No. 1205, p. 2384, §9-102; Acts 1981, No. 81-717, p. 1204, §1; Act 2011-678, p. 1862, §6.)
Compensation of counsel appointed to represent indigent defendants shall be paid by the state in such amounts as otherwise provided by law. The procedure for approval and payment for such services shall be as provided by law or rule as may be promulgated by the director.
(Acts 1975, No. 1205, §9-107; Act 2011-678, p. 1862, §6.)
In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any court of this state created by authority of the Constitution of Alabama of 1901, as amended, when a defendant is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain from the accused, or otherwise:
(1) Whether or not the defendant has arranged to be represented by counsel;
(2) Whether or not the defendant desires the assistance of counsel; and
(3) Whether or not the defendant is able financially or otherwise to obtain the assistance of counsel in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act 2011-678, p. 1862, §6.)
(a) If it appears to the trial court that an indigent defendant is entitled to counsel, that the indigent defendant does not expressly waive the right to assistance of counsel, and that the indigent defendant is not able financially or otherwise to obtain the assistance of counsel through another indigent defense system for the circuit, the court shall appoint counsel to represent and assist the defendant. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the indigent defendant to the best of his or her ability.
(b) If it appears to the trial court in a delinquency case, need of supervision case, or other judicial proceeding in which a juvenile is a party that the juvenile is entitled to counsel and that the juvenile is not able financially or otherwise to obtain the assistance of counsel or that appointed counsel is otherwise required by law, the court shall appoint counsel to represent and assist the juvenile or act in the capacity of guardian ad litem for the juvenile. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the juvenile to the best of his or her ability.
(c) If it appears to the trial court that the parent, guardian, or custodian of a juvenile who is a party in a judicial proceeding is entitled to counsel and the party is unable to afford counsel, upon request, the court shall appoint counsel to represent and assist the parent, guardian, or custodian. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the party to the best of his or her ability.
(d) If the appropriate method for providing indigent defense services is by appointed counsel in a case described in subsection (a), (b), or (c), including cases tried de novo in circuit court on appeal from a juvenile proceeding, the appointed counsel shall be entitled to receive for his or her services a fee to be approved by the trial court. The amount of the fee shall be based on the number of hours spent by the attorney in working on the case and shall be computed for time reasonably expended on the case and capped as follows:
(1) In cases where the original charge is a capital offense or a charge that carries a possible sentence of life without parole, the rate shall be one hundred twenty dollars ($120) per hour and there shall be no limit on the total fee.
(2) Except for cases covered by subdivision (1), in cases where the original charge is a Class A felony, the rate shall be one hundred dollars ($100) per hour and the total fee shall not exceed six thousand dollars ($6,000).
(3) In cases where the original charge is a Class B felony, the rate shall be eighty dollars ($80) per hour and the total fee shall not exceed four thousand dollars ($4,000).
(4) In cases where the original charge is a Class C or Class D felony, the rate shall be eighty dollars ($80) per hour and the total fee shall not exceed three thousand five hundred dollars ($3,500).
(5)a. In juvenile cases, the rate shall be seventy dollars ($70) per hour and the total fee shall not exceed four thousand five hundred dollars ($4,500), except as provided in paragraph b.
b. In juvenile dependency cases, the total fee for guardians ad litem shall not exceed five thousand dollars ($5,000), provided that a guardian ad litem shall receive no more than two thousand five hundred dollars ($2,500) during the first 18 months after his or her appointment to a case, and no more than one thousand dollars ($1,000) during each 12 months thereafter. If a guardian ad litem does not receive the full fee during the initial 18-month or subsequent 12-month period, any remaining fees may be carried over until the final disposition, his or her appointment as guardian ad litem ends, or his or her total fee for the case reaches five thousand dollars ($5,000), whichever occurs first.
(6) In appointments made pursuant to Section 22-11A-35 or Section 22-52-14, the rate shall be seventy dollars ($70) per hour and the total fee shall not exceed one thousand five hundred dollars ($1,500).
(7) In all other cases, the rate shall be fifty-five dollars ($55) per hour and the total fee shall not exceed two thousand dollars ($2,000).
(e)(1) Counsel shall also be entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the trial court as necessary for the indigent defense services and as a reasonable cost or expense.
(2) Reimbursable expenses shall not include overhead expenses.
(3) Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the trial court as necessary for the indigent defense services and as a reasonable cost or expense.
(4) Retrials of any case shall be considered a new case for billing purposes.
(5) Upon review, the director may authorize interim payment of the attorney fees or expenses, or both.
(f)(1) Within a reasonable time after the conclusion of the trial, ruling on a motion for a new trial, or after an acquittal or other judgment disposing of the case, not to exceed 120 days, counsel shall submit a bill for services rendered to the office.
(2) The bill shall be accompanied by a certification by the trial court that counsel provided representation to the indigent defendant, that the matter has been concluded, and that to the best of his or her knowledge the bill is reasonable based on the defense provided.
(3) The trial court need not approve the items included on the bill or the amount of the bill, but may provide any information requested by the office or the indigent defense advisory board relating to the representation.
(4) The bill for compensation of appointed counsel shall be submitted to the office.
(5) After review and approval, the office shall recommend to the state Comptroller that the bill be paid.
(6) The office may forward any individual bill or cumulative billing data to the indigent defense advisory board for review and comment prior to approval.
(7)a. The indigent defense advisory board shall require any attorney who submits billing totaling more than 2,000 work hours in a fiscal year to provide an explanation establishing good cause grounds for the excess hours.
b. The board may recommend remedial action for excess work, including, but not limited to, suspension of appointment, reimbursement of funds, or referral to the Alabama State Bar or the Office of the Attorney General.
(Acts 1963, No. 526, p. 1136, §§2, 3; Acts 1971, No. 2420, p. 3851; Acts 1981, No. 81-717, p. 1204, §2; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act 99-427, p. 759, §1; Act 2011-678, p. 1862, §6; Act 2015-185, p. 476, §3; Act 2023-368, §1; Act 2024-161, §1.)
(a) In all criminal cases where an indigent defendant has an appeal directly to an appellate court and the indigent defendant expresses his or her desire to appeal, the court shall enter a recital of notice of appeal in its minutes.
(b) If it appears that the indigent defendant desires to appeal, is unable financially or otherwise to obtain the assistance of counsel on appeal, and expresses the desire for assistance of counsel, the trial court shall appoint counsel to represent and assist the indigent defendant on appeal through the indigent defense system for such cases. If the trial court fails to appoint counsel and it becomes necessary to further provide for counsel, the presiding judge of the court to which the appeal is taken shall have authority to appoint counsel through the indigent defense system. It shall be the duty of the counsel, as an officer of the court and as a member of the bar, to represent and assist the indigent defendant in the appeal.
(c)(1) If appointed counsel is the appropriate method selected for an indigent defendant for the appeal from a decision in any trial court proceeding, he or she shall be entitled to receive for his or her services a fee to be approved by the office.
(2)a. The amount of the fee shall be based on the number of hours spent by the attorney in working on the prosecution of the appeal and shall be computed at the rate of eighty-five dollars ($85) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.
b. Notwithstanding paragraph a., the total fees awarded to any one attorney in any appeal and any subsequent petition for writ of certiorari shall not exceed five thousand dollars ($5,000), and shall be in addition to any fees awarded on the trial court level.
c. In those cases where the state takes a pretrial appeal, appointed counsel shall be entitled to bill separately for services on the pretrial and post-trial appeals, up to two thousand five hundred dollars ($2,500) for each appeal.
d. In those cases where a petition for writ of certiorari is filed in the Alabama Supreme Court, counsel shall be entitled to bill separately for all services rendered after the Court of Criminal Appeals or the Court of Civil Appeals overrules the application for rehearing, or after the decision of the Court of Criminal Appeals or the Court of Civil Appeals in the case of a pretrial appeal, up to a separate limit of five thousand dollars ($5,000).
(3) Notwithstanding subdivision (2), the maximum amounts set forth in subdivision (2) may be waived by the appropriate appellate court and the director for good cause shown.
(4) Counsel shall also be entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the appellate court as necessary for the indigent defense services and as a reasonable cost or expense and shall be paid directly by the office upon submission from the attorney.
(5) Reimbursable expenses shall not include overhead expenses.
(6) Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the appellate court as necessary for the indigent defense services and as a reasonable cost or expense.
(7) Upon review, the director may authorize interim payment of the attorney fees or expenses, or both.
(8) Within a reasonable time after the disposition of the appeal, not to exceed 120 days, counsel shall submit a bill for services rendered to the office for review and approval and, if approved, the office shall recommend the bill for payment by the state Comptroller.
(Acts 1963, No. 526, p. 1136, §§4, 5; Acts 1971, No. 2420, p. 3851; Acts 1981, No. 81-717, p. 1204, §3; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act 99-427, p. 759, §1; Act 2011-678, p. 1862, §6; Act 2024-161, §1.)
(a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal offenses including proceedings for habeas corpus or other post-conviction remedies, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel through an indigent defense system approved by the office to represent and assist indigent defendants if it appears to the court that the indigent defendant is unable financially or otherwise to obtain the assistance of counsel and desires the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the right of the indigent defendant.
(b) In proceedings filed in the district or circuit court involving the life and liberty of those persons charged or adjudicated for juvenile offenses including proceedings for habeas corpus or other post-conviction remedies, and in post-trial motions or appeals in the proceedings, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel through the indigent defense system for such cases to represent and assist those persons so charged or adjudicated if it appears to the court that the person charged or adjudicated is unable financially or otherwise to obtain the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the rights of the person, or court appointed counsel is otherwise required by law or rule of court.
(c) It shall be the duty of the counsel as provided in subsections (a) and (b) as an officer of the court and a member of the bar to represent and assist the indigent defendant in the proceedings.
(d) Any appointed counsel shall be entitled to receive for his or her services a fee to be approved by the office. The amount of the fee shall be based on the number of hours spent by counsel in working on the proceedings. The fee shall be computed at the rate of seventy dollars ($70) per hour for time reasonably expended on the proceedings. The total fees to counsel for the proceedings shall not exceed one thousand five hundred dollars ($1,500). Notwithstanding the foregoing, the maximum amount may be waived by the director for good cause shown. Counsel shall also be entitled to be reimbursed for any nonoverhead expenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the court as necessary for the indigent defense services and as a reasonable cost or expense. Reimbursable expenses shall not include overhead expenses. Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the court as necessary for the indigent defense services and as a reasonable cost or expense. Retrials of any case shall be considered a new case for billing purposes. Upon review, the director may authorize interim payment of the attorney fees or expenses, or both.
(e) Claim for the fee shall be submitted, approved, and paid in the same manner as provided in subdivision (3) of Section 15-12-22.
(Acts 1963, No. 526, p. 1136, §7; Acts 1971, No. 2420, p. 3851; Acts 1981, No. 81-717, p. 1204, §4; Act 99-427, p. 759, §1; Act 2011-678, p. 1862, §6.)
[Repealed]
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1981, No. 81-717, p. 1204, §5; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1.)
[Repealed]
Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
(Acts 1984, No. 84-793, p. 198, §2.)
(a)(1) A court may require a convicted defendant to pay the fees of court appointed counsel. Fees of court appointed counsel for the purposes of this section, shall mean any attorney’s fees and expenses paid an appointed counsel, contract counsel, or public defender.
(2) The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees 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 the immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.
(b)(1) When a defendant is ordered to pay the fees of court appointed counsel, 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 fees shall be payable forthwith.
(2) When a defendant ordered to pay the fees of court appointed counsel is also placed on probation or imposition or execution of sentence is suspended the court may make payment of the fees a condition of probation or suspension of sentence.
(c)(1) When a defendant ordered to pay the fees of court appointed counsel defaults in the payment thereof or of any installment, the court on motion of the district attorney or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his or her appearance.
(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to make payment, the court may find that the default constitutes contempt and may order the defendant imprisoned as otherwise provided by law.
(3) If it appears to the satisfaction of the court that the default in a payment of the fees of court appointed counsel is not contempt, the court may enter an order allowing the defendant additional time for payment, or reducing the amount of each installment, or revoking these fees or the unpaid portion thereof in whole or in part.
(4) A default in the payment of the fees of court appointed counsel or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The issuance of a writ of execution for the collection of these fees shall not discharge a defendant committed to imprisonment for contempt until the amount of these fees has actually been collected.
(d) Moneys collected for fees and expenses incurred by the state in furnishing representation to a convicted defendant shall be collected by the clerk of the court and shall be payable to the Fair Trial Tax Fund, in the same manner as provided in Section 12-19-251.
(Acts 1981, No. 81-717, p. 1204, §6; Acts 1995, No. 95-757, p. 1770, §1.)
(a) The director may recommend that a contract counsel system be used as the method to provide indigent defense services within a circuit or part thereof. The indigent defense advisory board shall be consulted and make a determination on the selection and appointment of contract counsel for the circuit. The director may appeal the determination of the indigent defense advisory board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final.
(b) If an indigent defense advisory board chooses to explore a contract counsel system within a circuit or part thereof, the indigent defense advisory board shall follow the procedures of the director for requesting and accepting applications or proposals for such contracts and shall make a recommendation for contract counsel to the director. The indigent defense advisory board shall also provide the director with any other information reasonably requested by the director regarding such contract counsel.
(c) After a determination by the indigent defense advisory board, the director shall award the contracts to an attorney, firm, association, corporation, or partnership of lawyers.
(d) Each contract counsel chosen by the director shall be employed pursuant to a contract containing terms and conditions as deemed necessary between the attorney, firm, association, corporation, or partnership, as the case may be, and the office.
(Acts 1995, No. 95-757, p. 1770, §2; Act 2011-678, p. 1862, §6.)
Any provision of this chapter to the contrary notwithstanding, each judicial circuit desiring a contract counsel system shall be required to follow those procedures established for the selection of contract counsel established by the director.
(Acts 1995, No. 95-757, p. 1770, §3; Act 2011-678, p. 1862, §6.)
Each contract counsel shall keep the records and make the reports as required by the terms of the applicable contract; except, that attorney-client communications involving the contract counsel shall remain confidential.
(Acts 1995, No. 95-757, p. 1770, §4.)
Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent defendants, or from assigning representation of an indigent defendant to other contract counsel where there is a conflict of interest involving the contract counsel, or if the contract counsel is unable to provide prompt and adequate representation, and the indigent defense systems chosen do not provide any other alternative. Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to supersede any provision of the Alabama Rules of Criminal Procedure or any other provision of law relating to public defenders.
(Acts 1995, No. 95-757, p. 1770, §5; Act 2011-678, p. 1862, §6.)
The indigent defense advisory board may establish a public defender office as a method to provide indigent defense services within a circuit or any part thereof.
For each new term, and to fill any vacancy, the director may select and appoint a public defender for a circuit. The indigent defense advisory board shall be consulted and have the right to recommend the selection and appointment of a public defender for the circuit. Attorneys appointed hereunder as public defenders shall be licensed to practice law in Alabama at the time of the appointment or by the time he or she assumes office.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
(a) The public defender shall be appointed after June 14, 2011, for a fixed term not to exceed three years, subject to reappointment by the indigent defense advisory board, and may be removed from office for cause by the director.
(b) The director may require that the public defender serve full time or part time.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
The public defender shall have the following powers and duties:
(1) Within his or her geographic jurisdiction, the public defender shall provide indigent defense services as defined in Section 15-12-1 to indigent defendants.
(2) The public defender, at the request and with the consent of a municipal governing body and the office, shall represent indigent defendants in a municipal court within his or her geographic jurisdiction. The municipality shall reimburse the office of the public defender for the costs associated with the services rendered.
(3) The public defender, with consent of the director, may represent an indigent defendant in a state appellate court.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
(a) The public defender shall receive a salary set by the director. The salary shall not exceed the state salary paid to a district attorney and shall be paid in the same manner as employees of the state.
(b) All salary and expenses of a public defender shall be paid by the state out of the Fair Trial Tax Fund or other funds appropriated by the Legislature for such purposes; except, that in counties authorized to impose a court cost for defender services, the county shall fund defender services from the revenues from the court cost, and the state shall pay a reasonable share of the cost of maintaining such office, such reasonable share to be determined by the director.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
The public defender shall keep such records and make such reports on matters related to the operation of the office of the public defender as are required by the director. The attorney-client communications involving the defender or attorneys employed by him or her shall remain confidential.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
(a) The director may approve expenditures for attorneys, investigators, other personnel and nonpersonnel expenses of the public defender. Authorized employees of the public defender offices shall be entitled to annual and sick leave, insurance, retirement, and other state employee benefits, including cost-of-living raises, authorized by the Legislature for state employees.
(b) The operating expenses and staff salaries and benefits for the offices of the public defender shall be approved in advance by the director as part of an annual budget for the subject public defender’s office and, once the budget is approved, shall be paid by the state from funds appropriated annually from the Fair Trial Tax Fund or other funds appropriated by the Legislature for this purpose. The expenses shall include, but not be limited to, the salary, benefits, and expenses of all eligible employees and positions, training and education, travel, research, equipment, and supplies.
(c) Each public defender may employ assistant public defenders, investigators, and other staff, full time or part time, as authorized by the director. Assistants, investigators, and other staff shall be appointed by the public defender and serve at the pleasure of the public defender.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
Nothing in this article shall be construed to exclude establishment of appointed counsel or contract counsel systems parallel to a public defender system or to preclude judges from appointing counsel for indigent defendants where there is a conflict of interest involving the public defender or if the public defender is unable to provide prompt and adequate representation, and the indigent defense systems chosen do not provide any other alternative.
(Acts 1975, No. 1205, §9-106; Act 2011-678, p. 1862, §6.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ADMISSION TO BAIL. The order of a competent court or magistrate, when authorized by law to grant bail, that a defendant be discharged from actual custody on bail.
(2) TAKING OF BAIL. The acceptance by a competent court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance of the defendant according to the legal effect of his undertaking or for the payment to the state of a certain specified sum if he does not appear.
(Code 1852, §§681, 682; Code 1867, §§4232, 4233; Code 1876, §§4840, 4841; Code 1886, §§4406, 4407; Code 1896, §§4348, 4349; Code 1907, §§6328, 6329; Code 1923, §§3360, 3361; Code 1940, T. 15, §§185, 186; Acts 1949, No. 199, p. 230.)
In all cases other than those specified in Section 15-13-3, a defendant, before conviction, is entitled to bail as a matter of right.
(Code 1852, §684; Code 1867, §4235; Code 1876, §4843; Code 1886, §4416; Code 1896, §4358; Code 1907, §6338; Code 1923, §3371; Code 1940, T. 15, §196; Acts 1949, No. 199, p. 230; Act 2021-267, §2.)
AMENDED BY ACT 2025-273, EFFECTIVE CONTINGENT ON RATIFICATION OF CONSTITUTIONAL AMENDMENT. SEE ACT FOR REVISED LANGUAGE.
(a) A defendant is not eligible for bail when he or she is charged with capital murder pursuant to Section 13A-5-40, if the court is of the opinion, on the evidence adduced, that he or she is guilty of the offense.
(b)(1) The court, after a hearing as provided in this subsection, after the presentment of an indictment or a showing of probable cause in the charged offense, and if the prosecuting attorney proves by clear and convincing evidence that no condition or combination of conditions of release will reasonably ensure the defendant’s appearance in court or protect the safety of the community or any person, may deny a defendant’s bail, if he or she is charged with any of the following offenses:
a. Murder, as provided in Section 13A-6-2.
b. Kidnapping in the first degree, as provided in Section 13A-6-43.
c. Rape in the first degree, as provided in Section 13A-6-61.
d. Sodomy in the first degree, as provided in Section 13A-6-63.
e. Sexual torture, as provided in Section 13A-6-65.1.
f. Domestic violence in the first degree, as provided in Section 13A-6-130.
g. Human trafficking in the first degree, as provided in Section 13A-6-152.
h. Burglary in the first degree, as provided in Section 13A-7-5.
i. Arson in the first degree, as provided in Section 13A-7-41.
j. Robbery in the first degree, as provided in Section 13A-8-41.
k. Terrorism, as provided in subdivision (b)(2) of Section 13A-10-152.
l. Aggravated child abuse, as provided in subsection (b) of Section 26-15-3.1.
(2) A court shall order that a defendant charged with an offense listed in this subsection be held without bail prior to a pretrial detention hearing.
(3) The court shall hold a pretrial detention hearing immediately upon the defendant’s first appearance before the court, unless the prosecuting attorney or the defendant requests a continuance. Except for good cause, a continuance on a motion of the defendant may not exceed five days, excluding Saturdays, Sundays, and state holidays, and a continuance on motion by the prosecuting attorney may not exceed three days, excluding Saturdays, Sundays, and state holidays. The defendant shall be detained during any continuance.
(4)a. A defendant shall have all of the following rights at a pretrial detention hearing:
To be represented by counsel. If the defendant is financially unable to obtain counsel, he or she shall have counsel appointed.
To testify.
To present witnesses.
To present evidence.
To cross-examine witnesses.
b. The judge shall have discretion as to who the defendant may call as a witness as provided in this subdivision at the pretrial detention hearing.
(5) In considering whether there are any conditions or combination of conditions that would reasonably ensure the defendant’s appearance in court or protect the safety of the community and of any person, the court shall consider all of the following factors:
a. The nature and circumstances of the offenses charged.
b. The weight of the evidence against the defendant.
c. The history and characteristics of the defendant, including, but not limited to the defendant’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings, and whether, at the time of the current offense, the defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense.
d. The nature and seriousness of the danger to any person or the community if the defendant is released.
(6) At any pretrial detention hearing, the rules governing admissibility of evidence in criminal trials shall not apply, and the court shall receive all relevant evidence. All evidence shall be recorded. The testimony of a defendant may not be admissible in any other criminal proceeding against the defendant, except if being used for perjury based on the testimony or for the purpose of impeachment in any subsequent proceeding.
(7)a. A prosecuting attorney may file a motion for a pretrial detention hearing at any time.
b. A pretrial detention hearing may be reopened, before or after a determination by the court, at any time prior to trial if the court finds that information exists that was not known by the movant at the time of the pretrial detention hearing.
(8) In an order denying bail, the judge shall make written findings or state for the record findings of fact and a statement of the reasons for denying bail. The judge shall enter an order denying bail within 48 hours of the hearing.
(Code 1852, §§683, 685, 686; Code 1867, §§4234, 4236, 4237; Code 1876, §§4842, 4844, 4845; Code 1886, §§4415, 4417, 4418; Code 1896, §§4357, 4359, 4360; Code 1907, §§6337, 6339, 6340; Code 1923, §§3370, 3372, 3373; Code 1940, T. 15, §§195, 197, 198; Acts 1949, No. 199, p. 230; Act 2021-267, §2.)
(a) Notwithstanding any provision of law, a judge may order, as a condition of bond, that a defendant charged with any offense listed in Section 15-13-3, be supervised by the Board of Pardons and Paroles
(b) The board shall adopt rules necessary to implement the requirements of this section.
(Act 2023-474, §1.)
All judges or magistrates, when authorized by law to grant bail, shall take care that every prisoner in jail shall have an opportunity to give bail in cases in which a prisoner is entitled to bail. Any judge or magistrate, when authorized by law to grant bail, may approve any bond presented to him at any time, which in his judgment is reasonably good, and may, in his discretion, release on his own recognizance any prisoner charged with a misdemeanor.
(Acts 1915, No. 712, p. 809; Code 1923, §3362; Code 1940, T. 15, §187; Acts 1949, No. 199, p. 230.)
(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no case be less than $50.00.
(b) If an indictment charges a misdemeanor and the defendant is committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving bail in the amount required.
(Code 1852, §§605, 609; Code 1867, §§4157, 4161; Code 1876, §§4830, 4832; Code 1886, §§4410, 4430; Code 1896, §§4350, 4353; Code 1907, §§6330, 6333; Code 1923, §§3363, 3366; Code 1940, T. 15, §§188, 191; Acts 1949, No. 199, p. 230.)
(a) When an indictment is filed in court charging the defendant with a bailable felony and the defendant fails to give bail in open court, the judge of the court must forthwith endorse on such indictment the amount of bail to be required of the defendant. When an application for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction of bail in any other manner provided by law.
(Code 1852, §§608, 690; Code 1867, §§4831, 4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907, §6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)
When a writ of arrest is issued upon an indictment, the clerk issuing the writ shall endorse on the writ an order to the sheriff to take bail of the defendant in the amount fixed by the judge and endorsed by him or her on the indictment, unless the defendant is charged with an offense for which bail may be denied pursuant to Section 15-13-3. In that case, the writ of arrest shall indicate “no bail,” and the defendant may not be released prior to an initial appearance.
(Code 1897, §4352; Code 1907, §6332; Code 1923, §3365; Code 1940, T. 15, §190; Acts 1949, No. 199, p. 230; Act 2021-267, §2.)
(a) When an application for bail is made to any circuit judge and is refused, no subsequent application can be made, but the evidence in such case may be preserved for review on application to the Court of Criminal Appeals.
(b) When an order is made by the Court of Criminal Appeals admitting a defendant to bail, the order must fix the amount of bail required and direct the same to be taken by the court to whom the primary application was made or by the sheriff of the county in which the defendant is confined. When such bail is ordered to be taken by a judge, the sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886, §§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336; Code 1923, §§3368, 3369; Code 1940, T. 15, §§193, 194; Acts 1949, No. 199, p. 230.)
When bail is taken in open court, it must be entered in the minutes, and may be as follows:
The State)Came into court the said A.B. and also C.D., and E.F., andvs. )agreed to pay the State of Alabama ______ dollarsA.B.)(specifying the sum prescribed by the court) unless the said A..B. appears at the present session of this court, and from session to session thereafter until discharged by law, to answer a criminal prosecution for an assault and battery, or other offense, as the case may be.
(Code 1852, §687; Code 1867, §4238; Code 1876, §4846; Code 1886, §4419; Code 1896, §4361; Code 1907, §6341; Code 1923, §3374; Code 1940, T. 15, §199; Acts 1949, No. 199, p. 230.)
When not taken in open court, the undertaking of bail must be in writing, signed by the defendant and at least two sufficient sureties and approved by the court or officer taking the same, and may be substantially in the following form:
The State of )We, A. B., C. D., and E. F. agree to pay to the State of Alabama)Alabama ______ dollars (the sum prescribed by the court_____ County)or officer) unless the said A. B.appears at the next session of the ____ court of ____ County, and from session to session thereafter until discharged by law, to answer a criminal prosecution for the offense of _____ (specifying the particular offense with which he is charged.) (Signed) A.B. C.D. E.F.
(Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886, §4420; Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200; Acts 1949, No. 199, p. 230.)
(a) Each person signing as surety an undertaking of bail must be:
but the court or magistrate, in taking bail, may allow more than two persons to justify severally as bail in amounts less than that expressed in the undertaking, provided the whole is equivalent to two sufficient bails.
(b) The court or magistrate in taking bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to do a bonding business in this state and authorized to execute the undertaking of bail, to execute such bail.
(c) Every person engaged in the business of making bail bonds and charging therefor, except corporations qualified to do a bonding business in this state, shall be required, in addition to all other requirements of this section, to furnish a bond with corporate surety in the amount of $25,000.00 ($10,000.00 in Cullman County), to be approved by the probate judge of each county in which such person engages in such business, conditioned to guarantee the payment of all sums of money that may become due the state or any political subdivision thereof by virtue of any judgment absolute being rendered against such person on a forfeiture of bail.
(d) Only one such bond set forth in subsection (c) of this section shall be required in each county where such person does business, and the liability of the surety company executing a bond under this section shall not exceed the face amount of such surety bond; provided, however, that the bond may be cancelled as to any future liability at any time by the surety’s giving 30 days’ written notice of such cancellation to the probate judge of the county in which the bond is filed.
(e) When there is a reasonable doubt as to the sufficiency of the bail, they may be required by the court or magistrate to answer fully on oath as to their qualifications.
(Code 1852, §§696, 697; Code 1867, §§4247, 4248; Code 1876, §§4485, 4857; Code 1886, §§4421, 4424; Code 1896, §§4363, 4366; Code 1907, §§6343, 6346; Code 1923, §§3376, 3379; Code 1940, T. 15, §§201, 204; Acts 1949, No. 199, p. 230; Acts 1961, No. 946, p. 1521; Acts 1963, No. 124, p. 499; Acts 1966, Ex. Sess., No. 179, p. 212; Acts 1971, No. 1077, p. 1916; Acts 1971, No. 1230, p. 2138.)
It is not necessary that lunatics or infants should themselves execute or acknowledge the undertaking of bail, but any other person may enter into an undertaking for their appearance.
(Code 1852, §695; Code 1867, §4246; Code 1876, §4854; Code 1886, §4422; Code 1896, §4364; Code 1907, §6344; Code 1923, §3377; Code 1940, T. 15, §202; Acts 1949, No. 199, p. 230.)
It shall not be lawful for any judicial or ministerial officer of this state to sign as surety an undertaking of bail for any prisoner or other person tried before him, to put in his charge under any criminal accusation or to sign any bond or other obligation for the release or appearance of such person, either before himself or any other officer or officers.
(Code 1876, §4586; Code 1886, §4423; Code 1896, §4365; Code 1907, §6345; Code 1923, §3378; Code 1940, T. 15, §203; Acts 1949, No. 199, p. 230.)
All undertakings of bail must be returned by the court or officer by whom taken to the clerk of the court before which the defendant is bound to appear within the same time and in the same manner as is provided by Section 15-10-47 for the return of writs of arrest.
(Code 1852, §701; Code 1867, §4252; Code 1876, §4861; Code 1886, §4425; Code 1896, §4367; Code 1907, §6347; Code 1923, §3380; Code 1940, T. 15, §205; Acts 1949, No. 199, p. 230.)
The court before which any defendant is bound to appear may require him to enter into a new undertaking when it appears to the court that the original undertaking was insufficient when entered into or has since become insufficient from any cause whatever.
(Code 1852, §702; Code 1867, §4253; Code 1876, §4862; Code 1886, §4426; Code 1896, §4368; Code 1907, §6348; Code 1923, §3381; Code 1940, T. 15, §206.)
At any time after an order admitting him to bail, a defendant, instead of giving bail, may deposit with the clerk of the court in which he is held to answer the sum mentioned in the order; and, upon delivering to the officer in whose custody he is a certificate of the deposit, he must be discharged from custody.
(Acts 1949, No. 199, p. 230.)
If a defendant has given bail, he may, at any time before the forfeiture of the undertaking, deposit the sum mentioned in the recognizance with the clerk of the court in which he is held to answer; and, upon the deposit’s being made, the bail is exonerated.
(Acts 1949, No. 199, p. 230.)
When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the clerk of the court receiving the deposit must, under the direction of the court, apply the money in satisfaction thereof and, after satisfying the fine and costs, must refund the surplus, if any, to the defendant.
(Acts 1949, No. 199, p. 230.)
In lieu of a deposit of money, a defendant may deposit negotiable bonds of the United States or of the State of Alabama of the face value of the cash deposit required. Such bonds shall be treated in the same manner as a deposit of money, except that the clerk shall, under order of the court, when occasion arises therefor, sell the said bonds and apply the proceeds of such sale in the manner that a deposit of cash may be required to be applied.
(Acts 1949, No. 199, p. 230.)
The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant on the day fixed in the bond or undertaking from day to day of such session and from day to day of each session thereafter, until he is discharged by law and, if the trial is removed to another county, for the appearance of the defendant from day to day of each session of the court to which it is removed until discharged by law.
(Code 1852, §693; Code 1867, §4244; Code 1876, §4852; Code 1886, §4427; Code 1896, §4369; Code 1907, §6349; Code 1923, §3382; Code 1940, T. 15, §207; Acts 1949, No. 199, p. 230.)
No bail undertaking shall be discharged by reason of the want of the qualifications required in this chapter, by reason of there not being the requisite number of bail, by reason of any agreement other than is expressed in the undertaking, by reason of the infancy, coverture, lunacy or any other incapacity of any of the other parties thereto, because the defendant has not joined in the same or because the undertaking of bail is taken and approved by the sheriff or his deputy, where the defendant is released from custody on approval of such undertaking of bail.
(Code 1852, §698; Code 1867, §4249; Code 1876, §4858; Code 1886, §4428; Code 1896, §4370; Code 1907, §6350; Code 1923, §3383; Acts 1931, No. 594, p. 675; Code 1940, T. 15, §208; Acts 1949, No. 199, p. 230.)
Bail may, at any time before a conditional judgment is entered against them, exonerate themselves by surrendering the defendant; and for that purpose, they may arrest the defendant on a certified copy of the undertaking at any place in the state, or may authorize another person to arrest him by an endorsement in writing on such copy.
(Code 1852, §609; Code 1867, §4250; Code 1876, §4859; Code 1886, §4429; Code 1896, §4371; Code 1907, §6351; Code 1923, §3384; Code 1940, T. 15, §209; Acts 1949, No. 199, p. 230.)
After the entry of conditional judgment against any surety on an undertaking of bail, he may arrest the defendant as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff shall not exonerate the surety unless, in the judgment of the court, a good and sufficient excuse is given for the failure of the defendant to appear at the time the conditional judgment was entered.
(Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210; Acts 1949, No. 199, p. 230.)
To exonerate the bail, the surrender of the defendant must be made to the sheriff of the county in which the court is held, to which the defendant is bound to appear or to which the trial has been removed; and, if the charge is for a misdemeanor, the sheriff may discharge him on his giving new bail; otherwise, he must keep him in jail until discharged by law.
(Code 1852, §700; Code 1867, §4251; Code 1876, §4860; Code 1886, §4430; Code 1896, §4373; Code 1907, §6353; Code 1923, §3386; Code 1940, T. 15, §211; Acts 1949, No. 199, p. 230.)
If money has been deposited instead of bail and at any time before the forfeiture thereof the defendant surrenders himself to the officer to whom the commitment was directed, the court must order a return of the deposit to the defendant upon producing the certificate of the officer showing the surrender.
(Acts 1949, No. 199, p. 230.)
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, appeal or in any other case, is the appearance of the defendant at court; and the undertaking is forfeited by the failure of the defendant to appear, although the offense, judgment or other matter is incorrectly described in such undertaking, the particular case or matter to which the undertaking is applicable being made to appear to the court.
(b) If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to such officer, official or employee authorized by law to receive fines levied by such court. Thereupon the court shall, without any notice to the defendant, enter judgment absolute for the entire sum deposited, and thereupon such money shall become public money of the State General Fund.
(Code 1852, §694; Code 1867, §4245; Code 1876, §4853; Code 1886, §4431; Code 1896, §4374; Code 1907, §6354; Code 1923, §3387; Code 1940, T. 15, §212; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §7.)
(a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead of bail, a conditional judgment must be entered by the court in favor of the state against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:
The State) vs.) A.B.)Indictment for assault and battery (or other offense, as the case may be).
It appearing to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case; and the said A. B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered that the State of Alabama recover of the said A. B., C. D. and E. F. on said undertaking the sum of _____ dollars (the sum specified in the undertaking) unless they appear at the next session of this court and show cause why this judgment should not be made absolute.
(b) Notice of the entry of a judgment set forth in subsection (a) of this section must be issued by the clerk to each defendant, which notice may be in the following form:
The State of Alabama) _____ County)To A.B., C. D. and E. F.: You are hereby notified that, at the _____ session 20__ of the ____ court
of said county, a judgment was entered against you, of which the following is a copy: (setting out the conditional judgment); and the said judgment will be made absolute against you on the _____ day of _____ of said court, during the session of said court, unless you then and there appear and show cause against the same.
(c) The notice required by subsection (b) of this section may be executed by the sheriff of any county in the state and must be returned by the officer executing it, with his proper return thereon endorsed, on or before the day and date fixed or specified in the notice.
(d) If the notice required by subsection (b) of this section is not served on any of the parties to the undertaking, such other notices as are necessary may from time to time be issued; but two returns of “not found” by the proper officer are equivalent to personal service.
(Code 1852, §§3691-3694, 3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896, §§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216; Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)
(a) If the defendants appear and show sufficient cause for their default on bail, to be determined by the court, the conditional judgment must be set aside; but, if the excuse is not sufficient or if they fail to appear, such judgment must be made absolute for the entire sum expressed in the undertaking, or any portion thereof, according to the circumstances.
(b) Excuses for default on bail must be heard by the court on application at any time when not engaged in other business. When a conditional judgment is set aside, no cost must be imposed on the defendants; provided, however, that this section has no application where money is deposited instead of bail.
(Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876, §§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359, 6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts 1949, No. 199, p. 230.)
This article shall be known and may be cited as “The Alabama Bail Reform Act of 1993.”
(Acts 1993, No. 93-677, p. 1259, §1.)
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) APPEARANCE BOND. An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions.
(2) JUDICIAL OFFICER. Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state.
(3) PROFESSIONAL BAIL COMPANY. A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration.
(4) PROFESSIONAL BONDSMAN. An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company.
(5) PROFESSIONAL SURETY COMPANY. An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Alabama Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the State of Alabama.
(Acts 1993, No. 93-677, p. 1259, §2.)
As used in this article, “bail” is the release of a person who has been arrested and is being held in the custody of the State of Alabama or one of its subdivisions for the commission of a criminal offense. The primary purpose of bail is to procure the release of a person charged with an offense upon obtaining assurance, with or without security, of the defendant’s future appearance in court.
(Acts 1993, No. 93-677, p. 1259, §3.)
Admission to bail is the order of a judicial officer of any court of the State of Alabama, or one of its subdivisions, that the defendant be discharged from actual custody on bail. Judicial officers of all courts in the State of Alabama shall see that every defendant arrested and in custody has an opportunity to give bail, in cases in which the defendant is entitled to bail and in cases pending before the court, and shall see that the amount of bail is established. The amount of bail shall be set in the amount that the judicial officer feels, in his or her discretion, is sufficient to guarantee the appearance of the defendant. Bail amounts shall not exceed the statutory limits otherwise set out in the laws of this state. The amounts of bail may be set by a judicial officer in a standard bail schedule as prescribed by the judge or pursuant to the bail schedule promulgated by Supreme Court rule.
(Acts 1993, No. 93-677, p. 1259, §4.)
Judicial officers shall see that the amount of bail is affixed to any warrants of arrests issued by the judicial officer at the time of their issuance for which the defendant is arrested and taken into custody. If arrested for an offense for which the defendant is not entitled to release on bail pursuant to Section 15-13-3, the judicial officer shall confirm that “no bail” is affixed on the warrant. Judicial officers may delegate the affixation to lawful employees of the court, but the amount shall be set by the judicial officer.
(Acts 1993, No. 93-677, p. 1259, §5; Act 2021-267, §2.)
In cases where a defendant is arrested without a warrant for an offense that is bailable as a matter of right and taken into custody and there is no standard bail schedule prescribed by the presiding judge of the court of jurisdiction for the amounts of bail for the arrests without warrants, then the arresting officer, as soon as possible, shall contact a judicial officer for an order of bail. If the arresting officer is unable to contact the judicial officer having jurisdiction of the case, the arresting officer may contact any judicial officer having the authority to set bail in that judicial circuit to issue the order of bail. If no judicial officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail shall be set by operation of law and the amount of bail shall be that amount prescribed as the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided, however, in violation and misdemeanor cases the minimum amount of bail shall be three hundred dollars ($300) for each offense charged. The judicial officer may also fix the amount of bail on the indictment.
(Acts 1993, No. 93-677, p. 1259, §6; Act 2021-267, §2.)
Except in cases where there is no right to release on bail pursuant to Section 15-13-3, no person or defendant shall be committed to any jail in the State of Alabama on a warrant unless there is an amount of bail affixed to the warrant. No person or defendant shall remain in jail anywhere in this state for more than 24 hours for any felony or misdemeanor case without an order of bail, unless bail is not authorized by law.
(Acts 1993, No. 93-677, p. 1259, §7; Act 2021-267, §2.)
(a) Judges of any court within the state may accept, take, and approve bail within the jurisdiction of their respective courts.
(b) Circuit, district, and municipal court clerks, including magistrates, may accept, take, and approve bail within the jurisdiction of their respective courts.
(c) Only judicial officers and circuit, district, and municipal court clerks or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however, that any person designated by the court to receive cash bonds, shall be bonded to receive court monies and have the written approval of their chief administrative officer. Clerks of the courts of Alabama may delegate to their employees the right to accept and approve appeal bonds and cash bonds.
(d) Sheriffs of the state and chiefs of police having custody of a defendant may accept, take, and approve property or professional surety bail. The authority may be delegated to their deputies and officers.
(e) The judicial officers and persons in subsections (a), (b), (c), and (d) shall accept and shall release the defendant when bail meets the requirements as set out in Division 10, applying to professional surety. The judicial officers and persons in subsection (c) shall accept, approve, and release the defendant when the bail meets the requirements as set out in Division 9, applying to cash bail. The judicial officers and persons in subsections (a), (b), (c), and (d) may accept, approve, and release the defendant when the officer or person, as designated, is of the opinion the bail meets the requirements as set out in Division 8 of this chapter, applying to property bail.
(f) A sheriff or jailer may accept the filing fee assessed under subsection (a) of Section 12-19-311, if payment has been physically attached to the bail bond form at the time of posting of the bail bond for the release of the defendant. The clerks may accept business checks, cashiers checks, certified checks, money orders, or cash. Any check or money order shall be cashed within 90 days of receipt.
(Acts 1993, No. 93-677, p. 1259, §8; Act 2023-476, §1.)
In all cases of misdemeanors and felonies, unless otherwise specified, the defendant is, before conviction, entitled to bail as a matter of right. All sheriffs and police chiefs of this state shall ensure that one of their officers or themselves are available to approve and accept bail 24 hours each day, seven days a week, except during the hours the clerks of the courts provide personnel for bail acceptance and approval.
(Acts 1993, No. 93-677, p. 1259, §9.)
In cases where the defendant has been placed on, or granted, probation and is arrested on a probation violation warrant, it shall be discretionary with the court having jurisdiction as to whether bail is granted and in what amount.
(Acts 1993, No. 93-677, p. 1259, §10.)
Sheriffs, chiefs of police, jailers, or other law enforcement officers having custody of defendants who have bail set, shall, upon the request of the defendant or upon request of a professional bondsman, provide a place of privacy for the defendant to be interviewed by a professional bondsman.
(Acts 1993, No. 93-677, p. 1259, §11.)
For persons arrested and taken into custody, there shall be four kinds of bail used in this state. No other form of bail may be approved and accepted by any judicial officer, court clerk, magistrate, or any other person designated to accept and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive. The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional surety bail. Their definitions are as follows:
(1) CASH BAIL. Cash bail is when the defendant or some person on behalf of the defendant deposits cash in an amount equal to the total sum of the bail as set by the judicial officer to the clerk of the court having jurisdiction over the case. Acceptance of cash bail shall conform to Division 9.
(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the release of any defendant without any condition of an undertaking relating to, or a deposit of, security. Judicial public bail shall be granted to persons subjected to custodial arrest only by a judicial officer having jurisdiction over the defendant and in accordance with the procedures established in Division 7.
(3) PROFESSIONAL SURETY BAIL. Professional surety bail is when a defendant is released on bail by having a professional surety or professional bail company execute a bond on behalf of the defendant and becoming surety on the bail. Professional surety or professional bail companies shall meet the qualification requirements of Division 10.
(4) PROPERTY BAIL. Property bail is when a defendant is released on bail by having at least one or more real property owners that own real property in the state, execute or become bail or surety for the defendant. Real property owners shall qualify and meet requirements applying to property bail as set out in Division 8.
(Acts 1993, No. 93-677, p. 1259, §12; Act 2023-476, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
The Supreme Court of Alabama shall prescribe the different forms used for bail bonds and shall publish the forms in the Alabama Rules of Criminal Procedure. The Supreme Court may change the forms from time to time as the court deems necessary but the forms and their terms shall conform to the terms of this chapter or any other laws of the State of Alabama.
(Acts 1993, No. 93-677, p. 1259, §13.)
The undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant in court on the day fixed in the bond or undertaking, from day to day of such session, and from day to day of each session thereafter, until the defendant is discharged by law, and if the trial is removed to another county, for the appearance of the defendant from day to day of each session of the court to which the defendant is removed until discharged by law.
(Acts 1993, No. 93-677, p. 1259, §14.)
The obligation of the sureties continues throughout every stage of trial, from the time the defendant is entered thereon until the rendition of the verdict by the jury or judge. The finding of the defendant guilty by a jury or judge discharges the sureties. The obligation of the sureties are also discharged when the judge takes any of the following actions:
(1) Sentences the defendant.
(2) Grants the prosecutor’s motion to nol pros the case.
(3) Dismisses the case.
(4) Issues any order to the defendant to attend driving-under-the-influence school, mental health counseling, or any similar order of which the court would only have had the authority to do so, if there had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issues any order of restitution.
(6) Announces or orders sentence prior to any probation determination.
(Acts 1993, No. 93-677, p. 1259, §15; Act 2023-476, §1.)
The obligation of sureties is continued beyond the finding of a guilty verdict by the judge or by a jury in cases where the maximum sentence, set out by law, does not exceed 10 years and where the court desires to continue the case for a probation hearing so long as the court has not announced the sentence to be imposed or sentenced the defendant in any form as set out by law. In such cases, the obligation of the sureties is continued until there has been a determination and order by the court of denying or granting probation. In cases where the maximum sentence as set out by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue their obligation on such bail beyond the findings or rendering of the verdict but such an agreement shall be entered on the docket or case summary sheet and the surety shall execute their name or names by the entry.
(Acts 1993, No. 93-677, p. 1259, §16.)
When the defendant is before the court pertaining to the case(s), the sureties of such bail may surrender the defendant in court by notifying the judge that it is their desire to surrender the defendant. The judge shall then order the sheriff, or other officer who has the duty of taking defendants into custody after conviction, to take custody of the defendant. In such event, the surety is not required to produce a bondsman’s warrant or certified copy of bond to the court.
(Acts 1993, No. 93-677, p. 1259, §17.)
The sureties of bail may, at any time before a conditional forfeiture is entered against them, exonerate themselves by surrendering the defendant to the jail having the authority of keeping custody of prisoners of the court having jurisdiction of defendant’s case. For that purpose, the surety may arrest the defendant on a bondsman’s warrant at any place in the state, or may authorize another person to arrest the defendant by an endorsement in writing on the warrant. The bondsman’s warrant shall be issued as required by this chapter and a certified copy of the undertaking shall be attached thereto.
(Acts 1993, No. 93-677, p. 1259, §18.)
After the entry of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest the defendant as provided in Section 15-13-117, and the arrest and delivery of the defendant to the authorized jail as stated in Section 15-13-117 shall not exonerate the surety unless, in the judgment of the court, a good and sufficient cause is given for the failure of the defendant to appear at the time the conditional judgement was entered.
(Acts 1993, No. 93-677, p. 1259, §19; Act 2023-476, §1.)
To exonerate the bail, the surrender of the defendant, other than that in Section 15-13-116, shall be made to the original custodian of the county or municipality in which the court is held and to which the defendant is bound to appear, or to which the trial has been removed. If there is no warrant of arrest pending for the defendant’s arrest, then the original approving officer may discharge the defendant on his or her giving new bail in the same amount.
(Acts 1993, No. 93-677, p. 1259, §20.)
After a defendant has been released on either one of the four different types of bail, as set out in Division 2, Section 15-13-111, and the defendant desires to substitute one form of bail for another, the defendant may do so by giving such bail to the clerk of the court having jurisdiction of the case. The clerk shall approve the bail being substituted so long as it conforms with this chapter.
(Acts 1993, No. 93-677, p. 1259, §21.)
No bail shall be discharged by reason of the want of qualifications required in this chapter, by reason of there not being the requisite number of bail, by reason of any agreement other than is expressed in the undertaking, by reason of the infancy, coverture, lunacy, or any other incapacity of any of the parties thereto, because the defendant has not joined in the same, or because the undertaking of bail is not taken and approved by the proper officer where the defendant is released from custody on approval of such undertaking of bail.
(Acts 1993, No. 93-677, p. 1259, §22.)
In instances in which the surety or sureties have in their possession a bondsman’s process for the defendant and the surety wishes to place a detainer against the defendant with the officer having custody of the defendant, all law enforcement officers of the State of Alabama, or its subdivisions, who have custody of any defendant under bail within the terms of this chapter, shall accept the bondsman’s process as a detainer and hold the defendant in custody until the case pending against the defendant in the jurisdiction having custody, has been discharged or until the defendant is authorized to be released from custody by other means set out by law. Upon discharge or release, the officer having custody shall notify the surety that the defendant is ready to be released and the surety shall arrest the defendant and return the defendant to the court of jurisdiction. After the officer has given the surety notice of the release, the surety shall appear before the officer to receive the defendant within 24 hours or the defendant shall be released and detainer cancelled.
(Acts 1993, No. 93-677, p. 1259, §23.)
In all cases where any law enforcement officer, as described in Section 15-13-122, who has custody of a defendant for which a surety presents to the officer a bondsman’s process in order to place a detainer on the defendant, refuses to accept and place a detainer on the defendant or in detainer cases where the defendant is released and the surety is not notified or given the opportunity to arrest the defendant as set out in Section 15-13-122, the surety shall be exonerated of all liability on the bail by the court having jurisdiction over the bail.
(Acts 1993, No. 93-677, p. 1259, §24.)
A bondsman’s process is that document which is issued by the clerk of the court that has jurisdiction over the defendant and sureties for the arrest of the defendant.
(Acts 1993, No. 93-677, p. 1259, §25.)
The clerk of the court having jurisdiction over the defendant shall issue a bondsman’s process to the sureties on the bail upon their request. The request may be made by any one of the sureties. Before the issuance of the process, the clerk shall determine if the case is still open and the defendant and the sureties have not been discharged by law. A surety shall not be charged for the bondsman’s process or for a certified copy of the bond.
(Acts 1993, No. 93-677, p. 1259, §26; Act 2023-476, §1.)
(a) All bondsman’s processes, when executed by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of police, or other authorized law enforcement officer to the clerk of the court from which they were issued once the defendant is returned to the custody of the court of jurisdiction with the proper return thereon endorsed.
(b) If the bondsman’s process is executed, the return shall be made within five days after service.
(c) When any writ of arrest or other warrant issued by the clerk of the court, in the same case as a bondsman’s process, to any law enforcement officer and the warrant has been executed and returned to the clerk of the court, the clerk shall notify the surety which obtained the bondsman’s process, and if the bondsman’s process has not been executed at the time of the notice, then the surety shall return the process to the clerk of the court within five days and the surety shall endorse thereon, “not executed”; or the surety after notice from the clerk, if the surety desires to be relieved of further obligation of bail, shall surrender the defendant by executing the bondsman’s process and producing it to the jailor having custody of the defendant. The sheriff or chief of police shall return it to the clerk as specified in subsection (a).
(d) In any case where the clerk of the court has issued a bondsman’s process to the surety and the case is disposed of by the court or by operation of law, the clerk of the court shall notify the surety to whom the process was issued and the surety shall return the process to the clerk of the court within five days and endorse thereon, “not executed.”
(e) Any surety who fails to comply with subsections (c) and (d) within the prescribed time, may be compelled to make the return by attachment and forfeit to the state or municipality $50. The $50 shall be paid to the clerk within three days notice of the default from the clerk. If the penalty is not paid within three days, the clerk shall not issue any further bondsman’s processes to the surety until it is paid.
(Acts 1993, No. 93-677, p. 1259, §27.)
The clerk shall see that all bondsman’s processes have a certified copy of the undertaking attached to them. If there has been a conditional forfeiture taken by the court, then the clerk shall attach a copy of the conditional forfeiture to the warrant. There shall be no charge to the sureties for the issuance of a bondsman’s process.
(Acts 1993, No. 93-677, p. 1259, §28.)
The following shall be substantially the form to be used for a bondsman’s process.
BONDSMAN’S PROCESS
STATE OF ALABAMA
COUNTY OF ___________.
(or)
CITY OF ______________.
WHEREAS, the Sureties on the bail of the defendant _____, in case number _____, have expressed their desire to surrender the defendant to the custody of _____ of (City or County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the City/County of _____, Alabama, and,
WHEREAS, the clerk has checked the records and case number _____ is still pending and the defendant nor his or her sureties have been discharged of their obligations, or the records of case number _____ reflect that the defendant has failed to appear on the obligation of bail as required and a warrant has been issued for the arrest of the defendant.
NOW, THEREFORE, this document is issued, as required by law, and the document gives the right to the Sureties (bondsmen) to arrest the defendant, _____ at any place in the State of Alabama, or the sureties may authorize another person to arrest the defendant by an endorsement in writing on this document or attached to this document and the surety or bondsman shall forthwith, after the arrest, take the defendant to the _____ jail of _____, custodian thereof.
Executed this _____ day of ___, 20. ________________ CLERK OF COURT
SEAL:
Bondsman Return
On this _____ day of _________, 20, I ___________ agent for ___________ surrender the above named defendant to the ___________ jail of ___________.
Time: _____
Bondsman’s or Recovery License Number: __________.
(Acts 1993, No. 93-677, p. 1259, §29; Act 2023-476, §1.)
All bondsmen or sureties from out of the State of Alabama who come to this state to make an arrest shall be exempt from having a bondsman’s process to arrest a person for which he or she is a surety on bail in another state; but he or she shall have a certified copy of the undertaking of bail for which he or she is surety. His or her right to arrest shall otherwise be in conformity with the common law.
(Acts 1993, No. 93-677, p. 1259, §30.)
The basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, writ of error, or in any other case, is to ensure the appearance of the defendant in court, and the undertaking is forfeited by the failure of the defendant to appear.
If, by reason of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the officer, official, or employee authorized by law to receive fines levied by the court. The court shall then, without any notice to defendant, render judgment absolute for the entire sum deposited and the money shall then become public money of the State General Fund or in bail forfeiture cases pending in the municipal courts the sums shall become public money of the municipality. The state shall remit one-half of the funds it receives to the county in which the defendant was charged. The funds shall be deposited into the general fund of the county and used for the maintenance and operation of the county jail.
(Acts 1993, No. 93-677, p. 1259, §31; Acts 1996, 2nd Ex. Sess., No. 96-881, p. 1695, §1.)
(a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to the court prior to the hearing, the court shall order a conditional forfeiture and show cause order against the defendant and the sureties of the bail. The court shall notify defendant and sureties of the order as set out in this article. The defendant or sureties, or both, shall file a written response with the clerk of the court within 30 days after the date of service of the notice why the bond should not be forfeited. If a written response is filed within the time allowed and the court is of the opinion the written response is sufficient, the court shall set aside the conditional forfeiture. If the court is of the opinion the written response is not sufficient, the court shall set a hearing to determine whether the bond should be forfeited. The hearing shall not be set less than 120 days after the service of the conditional forfeiture order. If no written response has been filed after 30 days from the date of service of the notice, the court may enter an appropriate order or final judgment forfeiting all or part of the amount of the bond which shall be enforceable as any civil judgment. The court may take into consideration the circumstances provided to the court and continue any final forfeiture hearing to another day and time allowing the sureties more time to apprehend the defendant.
(b) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited as cash bail, a conditional judgment shall be rendered by the court in favor of the state or its subdivisions, for the use of the proper city, county, or state, against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:
(State of or City of) Charge: vs Case No. A.B. C.D._________ E.F. (Sureties)__________
It being known to the court that A.B., together with (Sureties) _____ , agreed to pay the State of Alabama (or City of _____,) _____ dollars (the sum specified in the undertaking), unless A.B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case and A.B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered by the court that the State of Alabama (or City of _____,) for the use of _____ State (or City), recover of the defendant and sureties on the undertakings, the sum of _____ dollars (the sum specified in the undertaking), unless they file a written response and show cause why this judgment should not be made absolute within 30 days after the date of service of this conditional forfeiture order.
(c) The state shall remit one-half of the funds it receives under subsections (a) and (b) to the county in which the defendant was charged. The funds shall be deposited into the general fund of the county and used for the maintenance and operation of the county jail.
(Acts 1993, No. 93-677, p. 1259, §32; Acts 1996, 2nd Ex. Sess., No. 96-881, p. 1695, §1; Act 2023-476, §1.)
A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court’s conditional forfeiture order to the defendant and sureties. The notice may be in the following form:
STATE OF ALABAMA_____________(or City of ) Defendant vs ___________ County__ SuretyCase No. ________________________ SuretyCharge: ___________ Conditional Forfeiture Notice To: ______________________ CourtDefendant_________________________Surety
You are hereby notified that your name appears as a surety on the bond in the above styled case. This case was called for trial on _______ (date) and the defendant was not present to answer. Therefore, a conditional forfeiture of _______ dollars was entered against you.
You shall file a written response within 30 days after you receive this notice and show cause to the court why this bond amount and the court cost incident to this forfeiture should not be made final.
If no action on your part is taken 30 days after the date you receive this notice, a final forfeiture may be entered against you by the court. The sheriff shall collect the amount of the bond and court cost from you or levy on your property to satisfy the forfeiture case. If you file a written response and the court is of the opinion your written response is not sufficient to set aside the conditional forfeiture, then the court shall set a final forfeiture hearing date and you will be notified at the address provided on the response.
This bond forfeiture is a court case against you separate from the defendant’s criminal case. The court has also ordered that the defendant be re-arrested in the original case.
Date issued: ___________
By ___________
Clerk
(Acts 1993, No. 93-677, p. 1259, §33; Act 2023-476, §1.)
It shall be the sole responsibility of any defendant or surety on bail to notify in writing the clerk of any court to which bail is returnable of the proper address for any service or notices and if the address is changed, then a new written notice is required by the defendant or sureties. Any address provided on the bond form executed by the defendant or sureties shall be the written notice to the clerk.
(Acts 1993, No. 93-677, p. 1259, §34.)
A conditional forfeiture notice may be served by any law enforcement officer, at the law enforcement office in the same manner as a summons in a civil action, except that service may not be by publication. At the law enforcement officer’s discretion and expense, the notice may be served by certified mail, requiring a signed receipt or some equivalent thereof. In the event the notice is served by certified mail, return of the receipt properly signed shall be prima facie evidence of service. A surety may sign for the forfeiture with the clerk of the court. The notice required by this subsection shall be returned by the individual serving it, with his or her proper return endorsed thereon, within 30 days of the date of issuance or within five days of service, whichever period of time is shorter.
(Acts 1993, No. 93-677, p. 1259, §35; Act 2023-476, §1.)
If the notice is not served on any of the parties to the undertaking, such other notices as are necessary, may, from time to time be issued, but two returns of “not found” by the proper officer are equivalent to personal service, unless one of the parties shows evidence that such “not found” service was not diligently executed by the officer or the officer did not attempt to serve the proper party as prescribed by law. If service was by certified mail and is returned without a signature of acceptance, then the clerk shall reissue it to be served by an officer as specified in Section 15-13-134 and a return of the service “not found” by the proper officer is equivalent to personal service.
(Acts 1993, No. 93-677, p. 1259, §36.)
In forfeiture cases where the clerk of the court has failed to issue the conditional forfeiture notice as stipulated in Section 15-13-132 and where there has been no service as set out in Section 15-13-134 made within 90 days after the order of the court as set out in Section 15-13-131, and where the sureties have complied with Section 15-13-133, then the sureties shall be discharged from all liability of the bail and the conditional judgment shall be set aside against those sureties.
(Acts 1993, No. 93-677, p. 1259, §37; Act 2023-476, §1.)
If the defendants appear and show sufficient cause for the default to be determined by the court, the conditional judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties fail to appear at the final forfeiture hearing, the judgment may be made absolute for the entire sum expressed in the undertaking, or any portion thereof according to the circumstances.
(Acts 1993, No. 93-677, p. 1259, §38; Act 2023-476, §1.)
The court shall set aside the conditional forfeiture in its entirety for the following reasons or under the following circumstances:
(1) If the sureties can show that the defendant was hospitalized at the time he or she was to appear in court, or if the sureties can produce sufficient evidence that the defendant was not able to attend court for reason of illness, by producing a doctor’s certificate or letter to that effect. The hospitalization may be in or out of this state. For the sureties to take advantage of this subdivision, they shall put the court on notice that the situation exists either prior to the issuance of the conditional forfeiture order or within 30 days after legal service of the conditional forfeiture on the sureties. After receiving notice, the court may continue the case to a future date it deems proper and just for the defendant to appear. If at that time the defendant is still not able to attend court for the same reason, then it shall be the burden of the sureties to produce the evidence within the same prescribed time. This section does not bar the court from the issuance of a bench warrant for the defendant in cases where the court feels that documents of proof do not reflect the truth, or where the court has reason to believe the defendant may appear and he or she is using the documents of proof as an excuse to avoid appearance.
(2) If the sureties show that the defendant was confined in jail or in the custody of another jurisdiction in this state or any other state, at the time of his or her original appearance or on the date of the issuance of the conditional forfeiture order, or if the surety shows that the defendant is still confined in any jail in this state or any other state, or in the custody of another jurisdiction within this state or any other state, or in the custody of another jurisdiction within the continental United States, including United States federal jurisdiction, the court shall set aside the conditional forfeiture and continue the case until a time after the end of that confinement. If the court later learns that the defendant is free from confinement before the confinement was supposed to end, then the court, with notice to the sureties, may reset the case and the burden shall be on the sureties to produce the defendant for the hearing or the court may issue another conditional forfeiture.
(3) If the sureties show the defendant is deceased.
(4) If the sureties show the defendant was serving on active duty in one of the military services of the United States.
(Acts 1993, No. 93-677, p. 1259, §39; Act 2023-476, §1.)
In forfeiture cases where the sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture has been made final or absolute and there is no further litigation pending on the forfeiture, and the surety locates the defendant and causes the return of the defendant to the custody of the court where the bond was forfeited, and if the defendant was substantially procured by actions of the surety, and the administration of justice has not been thwarted nor the successful prosecution of the defendant has been affected, then the court that ordered the forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to this article and within a period of one year from the date of issuance of any final forfeiture judgment, to consider any costs to the state or its subdivisions which resulted as a cause of the default, if any, and upon giving consideration thereto, may, in the court’s discretion, remit the whole of the penalty of the bail, or undertaking, or any portion thereof, which is in excess of any costs to the state or its subdivisions, and render a new final judgment against the sureties appearing upon the bail bond or undertaking. In forfeiture cases, if the judgment has been paid into the State Treasury or a municipal treasury, the court may issue an order to the custodian of the treasury to make a refund to the sureties.
(Acts 1993, No. 93-677, p. 1259, §40; Act 2023-476, §1.)
Reasons for default shall be heard by the court on application, at any time when not engaged in other business. When a conditional judgment is set aside for sufficient cause, no cost shall be imposed on the sureties. This section has no application where money is deposited instead of bail. Sureties may appear before the courts of this state or its subdivisions to answer any show cause order, conditional or final forfeiture to give any reasons for default, to present any defense to the default, and for any other purpose of informing the courts about information relating to the appearance or non-appearance of the defendant on the bail of which they are surety. If the surety is a professional surety company or professional bail company then any agent or representative of the professional surety company or professional bail company may appear for the same purposes.
(Acts 1993, No. 93-677, p. 1259, §41; Act 2023-476, §1.)
In all cases where a conditional forfeiture has been made final by any court of the state or any of its subdivisions and there has been no further action or request filed with the court, appeal taken or any other litigation of which the court has knowledge has been filed by the surety with the court within 30 days to the clerk of the court of the entry or order of the final judgment and the same has not been paid within 30 days to the clerk of the court, then the clerk shall refuse to accept and approve any bonds from the surety as being insufficient. The clerk shall notify all persons authorized to accept and approve bonds returnable to the court of the action and they shall no longer accept or approve surety on bonds until notified otherwise by the clerk. The clerk shall also notify the circuit clerk of the county who shall notify all other clerks of any courts in the county in writing and the clerks shall refuse to accept or approve any other bonds of the surety and shall notify the other authorized persons having the authority to approve and accept bail returnable to their courts of the action and they shall no longer accept or approve the surety on bail until otherwise notified by the clerk. Refusal by the clerks shall be in writing and shall be known as a “clerk’s revocation of surety.”
(Acts 1993, No. 93-677, p. 1259, §42; Act 2023-476, §1.)
Only a judicial officer may release a person on judicial public bail. The judicial officer shall have jurisdiction over the case and defendant in order to release the defendant on judicial public bail. The judicial officer shall have a hearing for the person and determine if the person meets the requirements of this article.
(Acts 1993, No. 93-677, p. 1259, §43.)
A judicial public bail hearing may commence by a motion from any judicial officer having jurisdiction over the defendant or by the defendant’s application as stipulated in Section 15-13-109.
(Acts 1993, No. 93-677, p. 1259, §44.)
Prior to the hearing, the judicial officer shall have the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose, or the prosecuting officer of the municipal court in municipal court cases, that a person seeks to be released on judicial public bail and notice shall stipulate the time of the hearing. No person shall be released on judicial public bail unless notice is given. Upon receipt of the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled to be heard at the hearing on the merits of the conditions of release, and the hearing shall be at a time, date, and place certain wherein all parties shall appear and proceedings shall be a matter of record. Nothing contained in this chapter shall be construed as granting or affording the defendant an absolute right to be released on judicial public bail, but release shall be in the discretion of the judicial officer and within the terms of this article.
(Acts 1993, No. 93-677, p. 1259, §45.)
Any person charged with a felony, misdemeanor, or violation shall be eligible for a judicial public bail, if:
(1) The person is not charged with robbery, capital murder, forcible sex crimes, escape, trafficking in drugs, or the sale of drugs.
(2) The person has not been convicted of a previous felony or committed a felony while being released on any form of bail.
(3) The person is not presently under a suspended sentence or on probation or parole for a previous conviction on a misdemeanor or a felony.
(4) There is no evidence, satisfactory to the judicial officer, that the person has violated a previous bail release, whether it be judicial public bail, property, cash, professional surety bail, or failure to appear.
(Acts 1993, No. 93-677, p. 1259, §46; Act 2023-476, §1.)
Any person charged with an offense other than an offense exempted by Section 15-13-145, may be ordered released pending trial on judicial public bail upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines that a release will not reasonably assure the appearance of the person as required or the safety of any other persons or the community. If that determination is made, a judicial officer may either in lieu of, or in addition to, the above method of release, impose restrictions on the travel, association, or place of abode of the person during the period of release or any other conditions specified in Rule 7 of the Alabama Rules of Criminal Procedure on the actions of the defendant while on bail.
(Acts 1993, No. 93-677, p. 1259, §47.)
In determining the restrictions and conditions of release that will assure the appearance of a person as required, and safety of any other person or the community, the judicial officer shall, on the basis of available information, take into account such matters as the nature and circumstances of the offense charged, the weight of the evidence against the person, family ties, employment, financial resources, character and mental condition, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings or failure to appear at court proceedings as well as any objection or recommendation of the district attorney or prosecutor.
(Acts 1993, No. 93-677, p. 1259, §48.)
A judicial officer ordering the release of a person on any condition may at any time amend the order to impose additional or different conditions of release.
(Acts 1993, No. 93-677, p. 1259, §49.)
A judicial officer authorizing the release of a person shall issue an appropriate order containing a statement of the conditions imposed, and shall advise the person that a warrant of arrest or other court order shall be issued against the person terminating the release and committing the person to jail upon any violation of the conditions of the release. The court shall provide a copy of the order to the defendant and shall serve a copy on the district attorney, or prosecuting officer of the court and the person’s counsel of record, if any.
(Acts 1993, No. 93-677, p. 1259, §50.)
Nothing in this chapter shall interfere with or prevent the exercise of power to punish for contempt by the courts.
(Acts 1993, No. 93-677, p. 1259, §51.)
Information stated in, or offered in connection with, any order entered pursuant to this article need not conform to the rules pertaining to the admissibility of evidence in a court of law.
(Acts 1993, No. 93-677, p. 1259, §52.)
The qualifications for property bail are that each surety be a resident of the state, and an owner of real property therein, and that any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions presently against the property, the amount expressed in the appearance bond. Any proper approving officer, in approving property bail, may allow more than one person to justify severally as bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent to the amount in the appearance bond. The worth shall not be determined by the assessed value of the property but shall be calculated, determined, and evaluated in the manner set forth in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead exemption in the affidavit then they shall also execute the waiver of a homestead exemption form as provided in part (B) below. The affidavit shall be signed by the owners of the properties and the affidavit shall be the same as a lien against the property, and upon the rendition of a final forfeiture, the state or its subdivisions may proceed on the document for sale of the property to satisfy the judgment. The following shall be substantially the forms to be used for the affidavit and waiver mentioned above. (A) LIEN AND AFFIDAVIT OF PROPERTY OWNERS - BAIL STATE OF ALABAMA COUNTY OF _____Court ____or CITY OF City/County _____ Charges: _____ VS. _______________ Name of property owners: Address: ______ ______ Address: ______STATE OF ALABAMA
COUNTY OF ____________
Before me, the undersigned authority, personally appeared _____, who first by me being duly sworn, on oath, deposes and says:
That he or she possesses the qualifications and is sufficient to become a surety and that he or she is the owner of the following described property, and that he or she pledges said property as collateral for the above named defendant and his or her bail:
Legal Description of Property Owned:Value(1) Example: 40 acres, located ____ ... as recorded in Deed Book ___, at Page ____, etc.$45,000.00.84 acres, located ____ ... as recorded in Deed Book ___, at Page ____, etc. 10,000.00Lots 1, w, 3, and 18, Block B... as recorded in Deed Book ___, at Page ____, etc.900.00 TOTAL VALUE$55,900.00
(2) The encumbrances on the above described property are as follows:
(example) Homestead exemption $2,000.00Amount of undischarged prior undertaking of Bail 2,000.00First mortgage in favor of (name of lending institution) 22,000.00 Total Encumbrance$26,000.00 Total Unencumbered Value $29,999.99
Property owners are qualified to make bail in an amount equal to the Total Unencumbered Value.
(3) That the total number of bails, executed for people other than my immediate family within the year, including this one is _____.
(4) That the above listed real property is not exempt from forced sale under the Constitution and laws of the State of Alabama.
(5) That the property is free of mortgages, liens, and encumbrances other than those listed above. ___________ L.S. __________L.S.Surety Surety
(6) That I am not an attorney, a judicial official, or a person authorized to take bail and that I own property in this state that has a fair market value equal to or greater than the amount of the appearance bond in this cause, exclusive of property exempt from execution and above and over all liabilities, including the amount of all other outstanding appearance bonds entered into by me.
SWORN TO AND SUBSCRIBED before me in _____, Alabama, on this the _____ day of ___, 20.
_______________ NOTARY PUBLIC
..........................................
NOTICE
I, _____ , HAVE BEEN ADVISED THAT IF I HAVE PROVIDED ANY FALSE INFORMATION IN THE ABOVE AFFIDAVIT, I COULD BE CHARGED WITH A CRIME AND BE PUNISHED ACCORDING TO THE LAW.
_____________ SURETY’S SIGNATURE _____________ SURETY’S SIGNATURE (B) WAIVER OF HOMESTEAD EXEMPTION FOR BOND
In the _____ Court of _____County _____ State of Alabama _____ Municipality of _____
v. _________________________________
As (a surety) of the bond securing the presence of the above named defendant, in compliance with Article X, §210, Constitution of Alabama 1901, and §6-10-122, (I) (we) hereby waive by this separate instrument (my) (our) right(s) to claim (my) (our) homestead, exempt from execution or other process for collection of debt necessary for enforcement of the provisions of the bond.
Done this the ___day of _____ 20.
_________________________________Surety/Property OwnerSignature of Surety(Print Name) _____________________________Spouse of SuretySignature of Spouse(Print Name)
I, _____, a Notary Public in and for the above named county of the State of Alabama, hereby certify that the surety and any spouse of the surety; whose name(s) is/are signed to the foregoing instrument, being informed of the instrument, has/have voluntarily executed and acknowledged the same before me this date.
Given under my hand this the _____ day of ____, 20.
_______________ Notary Public My Commission Expires: ______
(Acts 1993, No. 93-677, p. 1259, §53.)
Any person having the authority to approve and accept property bail shall determine the sufficiency of the bail. As to the value of the property being pledged, the person may take into consideration any property appraisals, including the appraised value by the tax assessor office of the county, or any other documents presented by the owner of the property reflecting a value. The person may request the property owner to produce any documents or other forms which in his or her opinion may aid in the determination of sufficiency. The person may rely solely on the information provided in the affidavit provided by the owner without any verification.
(Acts 1993, No. 93-677, p. 1259, §54.)
Any person or owner of property who willfully or intentionally provides false information on a property affidavit, as set out in Section 15-13-152, and the information was material in the determination by the person having the authority to approve the bail, and the person relied upon the information to make a determination of sufficiency of the bail and a defendant was released on the bail, then the person or owner of property shall be guilty of a Class A misdemeanor and if convicted be sentenced according to the law.
(Acts 1993, No. 93-677, p. 1259, §55.)
A property owner shall not execute or become surety for more than four different persons in any one year, other than immediate family members, unless the property owner qualifies and meets the requirements set out in this article for professional surety or professional bail companies. A property owner who becomes surety on bail in accordance with this article may not charge a fee or receive anything of value as a consideration thereof.
(Acts 1993, No. 93-677, p. 1259, §56.)
(a) Clerks of all courts of the state and its subdivisions may file the “lien and affidavit” form in the probate court of the county where the property is located immediately after a final forfeiture is ordered by any court of the State of Alabama or its subdivisions. The probate court shall file and record it in its real property recordings and there shall be no charge to the city or state assessed or collected.
(b) In all final forfeiture cases of property bail, where the judgment has been satisfied by the sureties or the court has set aside the final forfeiture and the sureties liability has been discharged by law, the clerk of the court shall see that any “lien and affidavit” form previously filed is so cancelled. The clerk may cancel it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and recorded by the judge of probate of the county where the property is located. The probate court shall not charge a filing or recording fee to the city or state.
(c) The cancellation shall be sufficient if the following language is substantially used:
I, the clerk of the _____ court of _____ (city) _____ County of the State of Alabama hereby cancel the lien so filed on _____ (date) and declare the same to be satisfied by payment of the same or by operation of law.
(Acts 1993, No. 93-677, p. 1259, §57.)
The clerks of all courts of the State of Alabama and its subdivisions shall make every effort to collect forfeitures. All clerks may issue executions, as ordered by the courts, to the sheriff of the county where the court is located for the sheriff to execute on properties belonging to the sureties. The issuance of executions shall be as prescribed by laws of this state.
(Acts 1993, No. 93-677, p. 1259, §58.)
At any time after an order admitting a defendant to bail, the defendant or another person may deposit with the clerk of the court in which the defendant is held to answer, or the court’s designee, the sum mentioned in the order in cash. A receipt of the moneys issued by the clerk or the court’s designee shall be provided to the person posting the cash bail. A release shall be issued for the defendant and the defendant shall be discharged from custody.
(Acts 1993, No. 93-677, p. 1259, §59.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
No professional surety company shall execute or become surety on any appearance bond in this state, unless it has an order granting authorization to become professional surety on any bail. The order granting the authorization shall be reissued annually, prior to January 1 of each year, by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds. Prior to the judge’s issuance of the original order and no later than December 1 of each year, thereafter, professional surety companies shall submit annually to the presiding circuit judge the following:
(1) An original or certified copy of a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the company is qualified to write a bail line of insurance and that the company is in good standing with the department.
(2) An original qualifying power of attorney issued by the professional surety company, specifying any applicable limitations and the names of the agents that may execute and bind the company to a bail undertaking. The qualifying power of attorney shall not name any company, corporation, or other entity as an agent except a person as defined as a professional bondsman in Division 1, Section 15-13-100, and that person shall be an agent of the company licensed with the Department of Insurance.
(3) A copy of the license issued by the Department of Insurance of each agent who is named in or appointed by the qualifying power of attorney in subdivision (2) or a letter or other documentation from the department indicating that the appointed agents are temporarily licensed as agents of the professional surety company for those lines of insurance.
(4) An affidavit or certification in writing, under oath, executed by a licensed agent of the professional surety company who is the manager or an owner or president of a corporation, company, partnership, or other entity that represents the professional surety company, filed with the clerk of the circuit court of each county in which the professional surety company executes or becomes surety on appearance bonds, stating the following:
a. That all appearance bonds shall be executed in the name of the professional surety company as surety by the agents listed or appointed in the qualifying power of attorney presented to the court or any other qualifying powers of attorney filed with the circuit clerk of the county.
b. That all agents listed or appointed in the qualifying powers of attorney shall be licensed by the Department of Insurance, prior to their appointments.
c. That any agency, company, corporation, or other entity that represents the professional surety company in the county, has no owners or other persons having a direct or indirect financial interest in such agency, company, corporation, or other entity, that have been convicted of a felony or a crime involving moral turpitude. If any person having a direct or indirect financial interest in such agency, company, corporation, or other entity has been convicted of a felony or a crime involving moral turpitude, then the affidavit or certification shall certify that there has been such conviction, providing the name of the person convicted, and certify that the person convicted has been pardoned or has had a restoration of civil rights.
d. That the professional surety company has no knowledge of forfeitures that have been final for more than 30 days that have not been paid to the clerk of the court arising out of surety undertaking, and that the professional surety company has no petitions, motions, or other litigation matters pending.
e. That no agents of the professional surety company who have the authority to execute appearance bonds in its behalf or any person having a financial interest, direct or indirect, in the ownership or management of any agency, company, corporation, or other entity that represents the professional surety company in the execution of appearance bonds, is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.
f. The names and addresses of all persons, officers, employees, and agents of the agency, company, corporation, or other entity that represents the professional surety company becoming surety on appearance bonds who have a direct or indirect financial interest in the agency, company, corporation, or other entity representing the professional surety company and the nature and extent of each interest.
g. That those persons stated in this section have not, within a period of two years, violated any provisions of this chapter or any rules adopted by the Supreme Court of Alabama in accordance with this chapter.
(5) A copy of the current license issued by the Alabama Professional Bail Bonding Board pursuant to the Alabama Bail Bond Regulatory Act, Article 8.
(Acts 1993, No. 93-677, p. 1259, §60; Act 2023-476, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No professional bail company shall execute or become surety on any appearance bond in this state, unless the company has an order granting authorization to become professional surety on any bail. The order granting authorization shall be reissued annually prior to January 1 of each year by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds. Prior to the judge’s issuance of the original order and no later than December 1 of each year, thereafter, professional bail companies shall submit annually to the presiding circuit judge the following:
(1)a. An original corporate surety bond or escrow agreement, filed and approved by the presiding circuit judge of the county in which the professional bail company executes or becomes surety on appearance bonds, in the amount of twenty-five thousand dollars ($25,000), guaranteeing the payment of all sums of money that may become due by virtue of any judgment absolute that may be rendered against the professional bail company on a forfeiture entered by any court in the county. Corporate surety bonds shall be executed only by a surety company authorized to do business in this state and qualified to write bonds by the Department of Insurance. The corporate surety bond shall provide that it may be cancelled as to any future liability by the corporate surety company or the professional bail company giving 30 days prior written notice of the cancellation to the clerk of the circuit court in which the bond or instrument was filed. A bank in this state shall be a party to all escrow agreements, and those agreements shall provide that the agreement may be cancelled as to any future liability only by the professional bail company and bank giving 30 days prior written notice of the cancellation to the clerk of the circuit court in which the escrow agreement or instrument is filed. Once a professional bail company has filed an original continuous corporate surety bond or escrow agreement with the circuit clerk and it has been approved by the presiding circuit judge, then the professional bail company does not have to file any other original continuous corporate surety bond or escrow agreement upon annual recertification. The professional bail company shall submit an original certificate from the insurance company that executed the corporate surety bond reflecting that it is still in force or an original letter from the bank stating the escrow agreement is still effective and the monies are still held in trust. When any professional bail company is annually recertifying, the circuit clerk shall send the original corporate surety bond or original escrow agreement with any cancellations received by the circuit clerk to the presiding circuit judge for review and approval.
b. Any new original corporate surety bond or escrow agreement made on or after September 1, 2023, in a county with a population of 200,000 or more, shall require a surety bond or escrow agreement in the amount of fifty thousand dollars ($50,000). This paragraph does not affect any corporate surety bond or escrow agreement made before September 1, 2023. Current escrow agreements and corporate surety bonds shall remain at twenty-five thousand dollars ($25,000) for any renewal thereafter.
(2) An original qualifying power of attorney, letter, or other document issued by the professional bail company specifying any applicable limitations and specifying the agents who are authorized to execute and bind the professional bail company to a bail undertaking or to appearance bonds. The qualifying power of attorney, letter, or other document may only name persons as agents.
(3) An original affidavit or certificate in writing, under oath, executed by an owner or officer of a professional bail company, to the clerk of the circuit court of the county in which the professional bail company shall execute or become surety on appearance bonds which contains all of the following:
a. That all appearance bonds shall be executed in the name of the professional bail company as surety by the agents listed or appointed in the qualifying power of attorney, letter, or other document presented to the court or any other person so named in any future qualifying powers of attorney, letters, or documents filed with the circuit clerk of the county.
b. That the professional bail company is qualified to do business in this state and its resident address.
c. That the professional bail company has sufficient financial net worth to satisfy its obligations as a surety.
d. That no person having a direct or indirect financial interest in the professional bail company has been convicted of a felony or a crime involving moral turpitude. Notwithstanding the foregoing, if any person having a direct or indirect financial interest in the bonding business has been convicted of a felony or a crime involving moral turpitude, then the person making the certification shall certify that there has been a conviction, provide the name of the person convicted, and certify that the person convicted has been pardoned or has had a restoration of civil rights.
e. That the professional bail company has no knowledge of any forfeiture that has been made final for more than 30 days that has not been paid arising out of surety undertakings and as to which the professional bail company has no petitions, motions, or other litigation matters pending.
f. That there are no persons, including employees, agents, or persons with a financial interest in the professional bail company, who, within a period of two years, violated this chapter, or any rules adopted by the Supreme Court governing the qualifications of professional surety or bail companies.
g. That no employee, agent, or any other person having a direct or indirect financial interest in the professional bail company is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.
h. The names and addresses of all officers, employees, and agents of the professional bail company who have a direct or indirect financial interest in the professional bail company and the nature and extent of each interest.
(b) A professional bondsman may not own a professional bail company until he or she has been licensed as a professional bondsman for at least three years. If the owner of a professional bail company dies or becomes completely incapacitated, as determined by the board, his or her professional bail bond company may be sold to an unlicensed individual. The unlicensed individual shall have 90 calendar days, from date of purchase, to obtain a license and shall employ a minimum of one employee who has been licensed for at least three consecutive years.
(Acts 1993, No. 93-677, p. 1259, §61; Act 2023-476, §1.)
Professional surety and professional bail companies shall file all corporate surety bonds, escrow agreements and other original documents required pursuant to Division 10 with the circuit clerk of the county where the professional surety or bail company desires and intends to become surety on appearance bonds, and such bonds, escrow agreements, and other documents shall be approved by the presiding circuit judge as being sufficient. Any surety bonds, escrow agreements, and other documents pertaining or attached thereto shall be originals only. After the documents are approved, the circuit clerk shall take custody of the originals and file them for safekeeping. Such documents are public records.
(Acts 1993, No. 93-677, p. 1259, §62.)
All corporate surety bonds and escrow agreements shall contain essentially the language set out in forms provided and approved by the Alabama Supreme Court. Corporate surety bonds presented shall have an original qualifying power of attorney from the company attached thereto and a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the corporate surety company is qualified to execute surety bonds in Alabama.
(Acts 1993, No. 93-677, p. 1259, §63.)
The presiding judge of the circuit court may, and on verified motion of the prosecutor shall, subpoena the representatives of the professional surety company or professional bail company or other persons for examination under oath concerning matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant books, tax returns, and financial data. Authority to act as a professional surety company or a professional bail company may be revoked or withheld by the court for violation of this chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully all relevant questions asked by the court, or in the event the professional surety company or professional bail company has outstanding and unpaid final forfeitures anywhere, or in any court in the State of Alabama. As used herein, outstanding unpaid final forfeitures shall be those in which a final order of forfeiture has been entered by the court and 30 days have elapsed since the date of the final judgment; provided, however, that those companies have no petitions, appeals, or other matters of litigation pending of which the court has knowledge.
(Acts 1993, No. 93-677, p. 1259, §64.)
(a) Any person who becomes surety on any bail for a defendant in this state and receives something of value or charges a fee therefor, and who is not authorized as a professional surety or bail company under this chapter shall be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state for such an offense.
(b) Any defendant, or other individual who provides false information to the court or to the surety on any bail bond forms or contracts shall be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state.
(c) Any surety who exchanges sexual services in exchange for bail bond services shall be guilty of a Class C felony and, upon conviction, shall be sentenced in accordance with the laws of this state.
(Acts 1993, No. 93-677, p. 1259, §65; Act 2023-476, §1.)
(a) A person arrested for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, or a violation of a domestic violence protection order, may not be admitted to bail until after an appearance before a judge or magistrate within 24 hours of the arrest, and if the person is not taken before a judge or magistrate within 24 hours of the arrest, he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules of Criminal Procedure.
(b) The judge or magistrate may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or the person protected by a protection order, and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include, but need not be limited to, the following:
(1) Enjoining the person from threatening to commit or committing acts of domestic violence against the alleged victim.
(2) a. Restraining and enjoining the defendant from contacting the victim.
b. For the purposes of this subsection, contacting includes, but is not limited to, communicating with the victim verbally or in any written form, either in person, telephonically, electronically, or in any other manner, either directly or indirectly through a third person.
(3) Prohibiting the person from possessing a firearm or other weapon specified by the court, except when such weapon is necessary for employment as a peace officer or military personnel.
(4) Issuing any other order or modification of orders required in this section to protect the safety of the alleged victim or to ensure the appearance of the person in court.
(c) If conditions of release are imposed, the judge or magistrate shall issue a written order for conditional release, immediately distribute a copy of the order to the law enforcement agency having custody of the arrested or charged person, place information pertaining to the order in the domestic violence protection order registry, and provide the law enforcement agency with any available information concerning the location of the alleged victim in a manner that protects the safety of the victim. Law enforcement shall provide a copy of the written order to the victim within 24 hours of receipt, provided that the victim provides law enforcement with current and accurate contact information.
(d) In cases in which the defendant has been placed on conditional release or bail pursuant to this section or is in violation of probation from another case and is arrested on a probation violation warrant, a violation of written condition of release pursuant to this section, or a violation of a prior protection order, the court shall consider revocation of probation, conditional release, or bail. Should the court order continue probation, conditional release, or bail, the court shall order additional conditions imposed on the defendant to provide protection to the victim of domestic violence or the person protected by a protection order. Additional conditions shall be included in a written order.
(e) A person who willfully violates a condition of pretrial release provided in this section, when the original arrest was for an act of domestic violence, shall be subject to the penalties provided in Section 13A-6-142, and shall receive an enhanced penalty and additional sentence of imprisonment in accordance with Section 13A-6-142.
(Act 2000-597, p. 1198, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
This article shall be known and may be cited as the Alabama Bail Bond Regulatory Act.
(Act 2019-409, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
For the purposes of this article, the following terms shall have the following meanings:
(1) BOARD. Alabama Professional Bail Bonding Board.
(2) PROFESSIONAL BAIL COMPANY. A person, individual proprietor, partnership corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration.
(3) PROFESSIONAL BONDSMAN. Any individual or agent who is employed by a professional bail company or professional surety company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional bail company, including any individual who has a direct or indirect ownership interest in a professional bail company.
(4) PROFESSIONAL SURETY BONDSMAN. Any individual who is employed by a professional surety company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company, including any individual who has a direct or indirect ownership interest in a professional surety company.
(5) PROFESSIONAL SURETY COMPANY. An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the state.
(6) RECOVERY AGENT. Any individual, other than an attorney or law enforcement officer, utilized by a professional surety company, professional bail company, or professional bondsman to apprehend a defendant who was released on bail and who violated the terms of his or her bail.
(Act 2019-409, §2; Act 2021-499, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) An individual may not hold himself or herself out to the public as a professional bondsman or a professional surety bondsman, operate as a recovery agent, or use any term, title, or abbreviation that expresses, infers, or implies that the individual is licensed as a professional bondsman unless the individual at the time holds a valid license as a professional bondsman as provided in this article.
(b) All applicants shall pass an examination, unless exempted by this article, based on criteria established by the Alabama Professional Bail Bonding Board and established under Section 15-13-203 and shall comply with the continuing education requirements established by this article.
(c) The board may issue an apprentice license, which expires 120 days after issuance, to any applicant who satisfies all criteria for licensure except passing the examination. The board may require an applicant for licensure as an apprentice to sign an affidavit, on a form provided by the board, attesting that the applicant has no felony convictions. The board, by rule, may also provide an age exception to allow any applicant who is 19 or 20 years of age to work as an apprentice until he or she reaches the age of 21 years. The board may charge a fee, not exceeding fifty dollars ($50), for an apprentice license.
(Act 2019-409, §3; Act 2021-499, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The Alabama Professional Bail Bonding Board is created to administer and enforce this article. The board shall consist of all of the following members:
(1) Seven professional bondsmen, one from each of the seven congressional districts of the state, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of not more than four nominees for each position on the board. For the initial terms of office, the President of the Alabama Bail Bond Association shall be the professional bondsman member of the board who represents the congressional district in which he or she resides. Each professional bondsman member appointed to the board shall be the owner of a professional bail bond company with at least five years of experience. Except as otherwise provided, no two professional bondsman members shall reside in the same congressional district. If no professional bondsman is available for nomination by the Alabama Bail Bond Association for a congressional district, the Alabama Bail Bond Association shall provide a list of four professional bondsman nominees from the state at large to the Governor for that congressional district, and the Governor shall appoint one of those nominees to fill that position on the board.
(2) One serving circuit, district, or municipal court judge, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of four nominees.
(3) One serving circuit or municipal court clerk, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of four nominees.
(b) The appointments to the board shall be for terms of four years. The nominating and appointing authorities shall coordinate their nominations and appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. Vacancies shall be filled by appointment of the Governor for the unexpired portion of the term.
(c) The board, pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, shall adopt and enforce reasonable rules as the board determines necessary to effectively and efficiently carry out its official duty of licensing and regulating professional bail bond companies and professional bondsmen.
(d) Each member of the board shall receive travel and per diem compensation for expenses incurred in the conduct of official duties while attending meetings and transacting the business of the board, in accordance with applicable state travel and per diem paid to state employees. The compensation of members shall be paid from funds available to the board in the same manner as other expenses are paid.
(Act 2019-409, §4; Act 2021-499, §1.)
(a) Pursuant to Section 36-1-12, the members and employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of their duties under this article.
(b) Board members and employees shall be defended by the Attorney General in regard to any criminal or civil litigation filed against them based on the performance of their official duties under this article.
(Act 2019-409, §5.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
At the initial meeting of the board and each time a new member is appointed to the board, the members of the board shall select from among their members a president to preside over meetings of the board, a vice president to preside in the absence of the president, and a secretary.
(Act 2019-409, §6.)
(a) There is created in the State Treasury for the use of the Alabama Professional Bail Bonding Board a fund to be known as the Alabama Bail Bond Board Fund.
(b) All application, apprentice, and license fees, penalties, fines, late fees, and any other fees or funds collected by the board under this article are to be deposited in this fund and used only to carry out the operations of the board.
(c) For the purpose of carrying out the objectives of this article and for the exercise of the powers granted in this article, the board may direct the disbursement of the funds from the Alabama Bail Bond Board Fund necessary to cover reasonable and necessary operating costs and board member compensation and expenses as provided by this article, which shall be paid on warrant of the Comptroller upon certificate or voucher of the secretary of the board, approved by the president or vice president of the board. Funds may not be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41.
(Act 2019-409, §7; Act 2021-499, §1.)
(a) The board may adopt rules necessary to implement this article and accomplish its objectives subject to the Alabama Administrative Procedure Act.
(b) The board may adopt and establish canons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.
(c) The board may hire personnel necessary or as advisable to carry out the purposes of this article.
(d) The Attorney General shall provide legal services to the board and its employees in connection with official duties and actions of the board or the board may employ legal counsel, when deemed necessary by the board, whose compensation shall be fixed by the board and paid in the same manner as the per diem and expenses of the board members are paid.
(Act 2019-409, §8; Act 2021-499, §1.)
(a) The board shall establish regular and special meetings for the purpose of transacting its business as provided by rules adopted by the board. Notice of board meetings shall comply with the Alabama Open Meetings Act.
(b) A majority of the board shall constitute a quorum at any meeting of the board.
(Act 2019-409, §9.)
(a) Except as otherwise provided in this article, it shall be unlawful for any individual to act as a professional bondsman or recovery agent, or transact business as either, without first obtaining a license from the board, but a professional surety bondsman shall obtain a license from the Department of Insurance and shall comply with all licensing requirements issued by the Department of Insurance.
(b) Any individual who willfully violates subsection (a) or any other provision of this article, or a rule adopted or order issued by the board pursuant to this article, upon conviction, shall be guilty of a Class D felony.
(c) Each individual licensed in accordance with this article shall designate to the board a physical address where his or her records are to be kept.
(Act 2019-409, §10; Act 2021-499, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) An application and all information on an application for licensure pursuant to this article shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant:
(1) His or her full name.
(2) His or her date of birth.
(3) All residences during the immediate past five years.
(4) All employment or occupations engaged in during the immediate past five years.
(5) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.
(b) On or before September 1 each year, the board shall send an email reminder to each licensee stating that the last day for submitting an application for a license renewal is September 30 of that year.
(Act 2019-409, §11; Act 2021-499, §1.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Each individual applicant shall meet all of the following criteria, demonstrating that he or she:
(1) Is at least 21 years of age.
(2) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.
(3) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.
(4) Has not been convicted of a felony.
(5) Has successfully completed pre-licensure education administered by an educational provider approved by the board.
(Act 2019-409, §12; Act 2021-499, §1.)
(a)(1) If an application for a license is denied, the board shall notify the applicant in writing and specify the grounds for denial. If the grounds are subject to correction by the applicant, the notice shall so state and specify a reasonable period of time within which the applicant shall make the required correction.
(2) The applicant may submit an application for reconsideration to the board within 30 days from the date of receipt of the denial.
(b) The board shall issue a license to all licensees that shall be at least 8″ x 10″ in size and shall be displayed on a wall of the workplace of the licensee. This license shall be deemed property of the state and subject to forfeiture to the state upon revocation.
(c) All licenses issued or renewed under this article shall be valid for a period from the date of issuance until October 31.
(Act 2019-409, §13.)
(a) The board shall issue to every bondsman licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain the following information of the licensee:
(1) Name.
(2) Photograph.
(3) Bondsman’s license number.
(4) Expiration date of license.
(b) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.
(Act 2019-409, §14.)
Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee as provided in Section 15-13-217.
(Act 2019-409, §15; Act 2021-499, §1.)
(a) The board may suspend, revoke, or refuse to issue or renew any license issued by it upon finding that the holder or applicant has committed any of the following acts:
(1) A violation of this article or any rule adopted pursuant to this article.
(2) Fraud, deceit, or misrepresentation regarding an application or license.
(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.
(4) A conviction by a court of competent jurisdiction of a felony.
(5) A conviction by a court of competent jurisdiction of a Class A misdemeanor, if the board finds that the conviction reflects unfavorably on the fitness of the individual for the license.
(6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.
(b) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.
(Act 2019-409, §16.)
The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case.
(Act 2019-409, §18.)
AMENDED BY ACT 2026-542, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A professional bondsman, professional surety bondsman, or recovery agent commencing business in any judicial circuit in this state on and after June 1, 2020, shall attend a 16-hour instructional course conducted by an educational provider approved by the board and pass an examination approved by the board and administered by an educational provider approved by the board. Upon completion of the course and passage of the examination, the individual shall be awarded a pre-licensure examination certificate by the board, copies of which may be submitted to the presiding circuit judge, or other judicial authority, along with the other requirements set forth in Section 15-13-159 or Section 15-13-160. Those professional bondsmen, professional surety bondsmen, and recovery agents doing business immediately prior to June 1, 2020, are exempt from the initial instructional course and examination.
(b) Unless exempted pursuant to subsection (i), a professional bondsman, professional surety bondsman, or recovery agent making an annual filing in any circuit in this state pursuant to Section 15-13-159 or Section 15-13-160 on and after March 1, 2020, shall first complete eight hours of continuing education conducted by an educational provider approved by the board. A professional bail company owner, who is at least 55 years of age and has five years of experience in the profession, shall only be required to complete four hours of continuing education. The educational provider approved by the board shall provide the board with the name of all professional bondsmen, professional surety bondsmen, or recovery agents completing eight hours of continuing education. Upon completion of the eight hours of continuing education, the individual shall request issuance of an annual continuing education certificate from the board, copies of which may be submitted to the presiding circuit judge along with the other requirements set forth in Section 15-13-159 or Section 15-13-160.
(c) The instructional course, examination, or continuing education courses shall be taught or sponsored by an educational provider approved by the board, which must apply annually for authority to offer such examination or courses.
(d) A list of approved course providers shall be published on the website of the board.
(e) The cost of the instructional course shall be set by the approved course provider but shall not exceed five hundred dollars ($500) per course. Upon completion of the instructional course, the approved course provider shall issue an instructional course completion certificate in a form approved by the board. This completion certificate, along with the application fee, must be presented to the board in order to take the pre-licensure examination. An instructional course completion certificate shall be valid for a period of 12 months.
(f) The cost of continuing education courses shall be set by the approved course provider but shall not exceed seventy-five dollars ($75) per hour. Any fee required to be paid by a course provider for reporting continuing education course completion to the board may be added to the maximum charges provided in this subsection.
(g) Each professional bondsman, professional surety bondsman, and recovery agent must renew his or her certification with the board by completing eight hours of approved continuing education prior to September 30 each year. Late renewal within the next 12 months may be had by completing the eight hours of continuing education and paying a renewal license fee of twice the amount otherwise required. If a professional bondsman, professional surety bondsman, or recovery agent fails to renew a certification for a 12-month period, the professional bondsman, professional surety bondsman, or recovery agent will be required to take the instructional course and examination to again become certified.
(h) The board, by rule, shall set the fees to be paid to the board in the administration of this section, not to exceed the maximum amounts set forth below:
(1)a. Application fee for a professional bondsman, professional surety bondsman, or a recovery agent, a nonrefundable fee to be paid to take the examination and for the issuance of the pre-licensure examination certificate, per examination attempt: Up to five hundred dollars ($500).
b. Application fee for a professional bail company or a professional surety company, a nonrefundable fee to be paid for the issuance of an initial license: Up to five hundred dollars ($500). Payment of this fee does not alleviate the requirement that each individual professional bondsman, professional surety bondsman, and recovery agent be licensed under this chapter.
(2)a. Annual license renewal fee for a professional bondsman, professional surety bondsman, or recovery agent, to be paid to receive the annual continuing education certificate: From fifty dollars ($50) up to five hundred dollars ($500).
b. Annual license renewal fee for a professional bail company or a professional surety company, to be paid to receive the renewal license: Up to one hundred dollars ($100).
(i) Any professional bondsman or professional bail company owner who, on August 1, 2021, is at least 65 years of age and has 15 years of experience in the profession, shall be exempt from the continuing education requirements of this article.
(j) The board shall adopt rules necessary to carry out this section.
(Act 2019-409, §19; Act 2021-499, §1.)
No criminal or civil action taken under this article precludes a prosecution or action under any other law of this state.
(Act 2019-409, §20.)
The board shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2023, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2019-409, §21.)
It is the duty of the clerk of the circuit court to set for trial all criminal cases in his court, except capital cases and cases of parties in custody, for particular days, and no case so set shall be called for trial before such day.
(Code 1876, §4869; Code 1886, §4447; Code 1896, §5271; Code 1907, §7838; Code 1923, §5565; Code 1940, T. 15, §316.)
No person shall be tried on an indictment presented by the grand jury until at least one entire day after the case has been placed upon the trial docket of the court, except with the consent of the defendant. This section shall not apply to cases where an indictment has been quashed or demurrer sustained thereto and a new indictment for identical offense is returned on the same day.
(Acts 1919, No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)
The court may, on any day of the session, fix the time for the trial of any capital case or cases for any subsequent day of the session.
(Code 1896, §5003; Code 1907, §7262; Code 1923, §8650; Code 1940, T. 30, §69.)
The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe.
(Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)
When two or more defendants are jointly indicted, they may be tried either jointly or separately, as either may elect.
(Code 1852, §638; Code 1867, §4190; Code 1876, §4892; Code 1886, §4451; Code 1896, §5275; Code 1907, §7842; Code 1923, §5570; Code 1940, T. 15, §319.)
In all misdemeanor cases in the circuit court, the issues and questions of fact shall be tried by the judge of the court without the intervention of a jury except in cases where a trial by jury is demanded in writing by the defendant. Such written demand shall be filed in the case with the clerk of the court on or before the first sounding of the case if the case is sounded within 30 days after the defendant has been arrested or taken into custody after the finding of the indictment or, within 30 days after the defendant has appealed if the case is brought to the circuit court by appeal; and, if such case is not sounded within 30 days after the defendant has appealed, been arrested or been taken into custody after the finding of the indictment, then such written demand must be filed with the clerk within 30 days after the defendant has appealed, or been arrested or taken into custody after the finding of the indictment. A failure to demand in writing a trial by jury as provided in this section shall be held and deemed to be a waiver by the defendant of a trial by jury.
(Acts 1915, No. 820, p. 939; Code 1923, §8598; Code 1940, T. 15, §321.)
This article shall be known as and may be cited as “The Alabama Crime Victims’ Court Attendance Act.”
(Acts 1983, No. 83-622, p. 971, §1.)
(a) The Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or hearing or any portion thereof conducted by any court which in any way pertains to such offense.
(b) Further, the Legislature hereby finds and determines that it is essential to the fair and impartial administration of justice that a victim of a criminal offense not be excluded from any hearing or trial or any portion thereof conducted by any court which in any way pertains to such offense, merely because the victim has been or may be subpoenaed to testify at such hearing or trial or because of any arbitrary or invidious reason.
(c) The provisions of this article are to be construed so as to accomplish these purposes and to promote the same which are hereby declared to be the public policy of this state.
(Acts 1983, No. 83-622, p. 971, §2.)
Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, the following terms, whether used in the singular or plural shall be given the following respective interpretations:
(1) PERSON. A human being, a public or private corporation, an unincorporated association, a partnership, or other entity established by law, and/or a government or a governmental instrumentality, including, but not limited to, the State of Alabama or any political subdivision thereof.
(2) CRIMINAL OFFENSE. Conduct which is alleged in any summons, complaint, warrant of arrest, information, presentment, or indictment and for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(3) VICTIM. A person who is a victim of the defendant’s criminal offense.
(Acts 1983, No. 83-622, p. 971, §3; Acts 1984, No. 84-259, p. 431, §1.)
The victim of a criminal offense shall be entitled to be present in any court exercising any jurisdiction over such offense and therein to be seated at the counsel table of any prosecutor prosecuting such offense or other attorney representing the government or other persons in whose name such prosecution is brought.
(Acts 1983, No. 83-622, p. 971, §4.)
A victim of a criminal offense shall not be excluded from court or counsel table during the trial or hearing or any portion thereof conducted by any court which in any way pertains to such offense, provided, however, a judge may remove a victim from the trial or hearing or any portion thereof for the same causes and in same manner as the rules of court or law provides for the exclusion or removal of the defendant.
(Acts 1983, No. 83-622, p. 971, §5.)
A victim of a criminal offense shall be exempt from the operation of rule of court, regulation, or statute or other law requiring the separation or exclusion of witnesses from court in criminal trials or hearings.
(Acts 1983, No. 83-622, p. 971, §6.)
(a) Whenever a victim is unable to attend such trial or hearing or any portion thereof by reason of death; disability; hardship; incapacity; physical, mental, or emotional condition; age; or other inability, the victim, the victim’s guardian or the victim’s family may select a representative who shall be entitled to exercise any right granted to the victim, pursuant to the provisions of this article.
(b) Provided, however, in the event of a dispute, the court in its discretion may designate such representative.
(Acts 1983, No. 83-622, p. 971, §7.)
The failure of a victim or a person designated to represent the victim to exercise any right granted by the provisions of this article shall not be cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse or remand a criminal conviction.
(Acts 1983, No. 83-622, p. 971, §8.)
If a defendant, when arraigned, refuses or neglects to plead or stands mute, the court must cause the plea of not guilty to be entered for him.
(Code 1852, §617; Code 1867, §4169; Code 1876, §4870; Code 1886, §4438; Code 1896, §5262; Code 1907, §7565; Code 1923, §5195; Code 1940, T. 15, §276.)
In pleading a judgment or other judicial proceeding or determination of any court or officer, such judgment, proceeding or determination may be alleged to have been duly made or rendered without stating the facts conferring jurisdiction; but the facts necessary to show jurisdiction must be proved on the trial.
(Code 1852, §580; Code 1867, §4130; Code 1876, §4803; Code 1886, §4441; Code 1896, §5265; Code 1907, §7568; Code 1923, §5198; Code 1940, T. 15, §281.)
In criminal proceedings, a plea is to be determined according to its substance and not by its commencement or conclusion.
(Code 1852, §637; Code 1867, §4189; Code 1876, §4891; Code 1886, §4442; Code 1896, §5266; Code 1907, §7569; Code 1923, §5199; Code 1940, T. 15, §282.)
The following forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they are applicable, but they are not exclusive, and any other form sufficient at common law, under the statutes or any analogous or kindred pleadings, where no form is provided in this Code, may be used:
(1) CAPTION. - The following caption may be used as a part of each of the following forms: The State of Alabama, v.In _____ court, ____County.A.B.
(2) GENERAL FORM OF PLEA. - Comes the defendant (in his own proper person, or by attorney) and for plea says: The state ought not further to prosecute this indictment against him because _____ (stating matter constituting the plea). And this the defendant is ready to verify and prays judgment that he be discharged (or it may conclude, “and of this he puts himself upon the country,” whenever appropriate).
_________________, defendant or attorney for defendant.
(3) PLEA TO JURISDICTION. - Comes the defendant (in his own proper person, or by attorney) and for plea to the indictment says: This court has no jurisdiction (or should not take further cognizance) of this offense contained in the indictment because _____ (here state matter in substance of the plea). All of which the defendant is ready to verify and prays judgment that this court should take no further jurisdiction or cognizance of the indictment aforesaid and that he be discharged.
_________________, defendant or attorney for defendant.
(4) PLEA OF MISNOMER. - Comes the defendant (in his own proper person, or by attorney) and for plea of misnomer says: His true name is A. B., and not C. D. as alleged in the indictment and that he has never been known or called by the name of C. D., which he is ready to verify, and prays judgment that the indictment be quashed.
_________________, defendant or attorney for defendant.
(5) PLEA OF AUTREFOIS CONVICT. - Comes the defendant (in his own proper person, or by attorney) and for plea says: The state ought not to further prosecute this indictment against him because at _____ session of _____ court of _____ cCunty an indictment was found and presented against him charging _____ (here set out indictment or, if prosecution begun by affidavit or complaint, it may be so alleged, setting forth such affidavit or complaint, or if exact copy cannot be set out, the substance of, or as near as may be); that at _____ session of said court, on, to-wit: the _____ said offense, and was duly convicted by said court of said offense charged, which this defendant alleges was based upon and is of the same matters and transactions as is alleged in this indictment or prosecution, of which he is now charged. All of which the defendant is ready to verify and prays judgment that he should be discharged as to the present indictment.
_________________, defendant or attorney for defendant.
(6) PLEA OF AUTREFOIS ACQUIT. - Comes the defendant (in his own proper person, or by attorney) and for plea says: He ought not to be required to answer this indictment and that the state ought not to prosecute the same against him because at the _____ session of _____ court of _____ County on to-wit: the _____ day of _____, he was charged and put upon trial under an indictment (complaint or affidavit) charging _____ (here set out the indictment, complaint or affidavit, or other charge; or if that cannot be done, state the substance thereof as near as may be) and that, after trial, hearing, and consideration as to said offense, the defendant was acquitted and discharged. And the defendant says that he is now charged in this indictment of this offense, which is based upon the same matter and transactions as that for which he was tried and acquitted as aforesaid in the first indictment (complaint or affidavit). All of which the defendant is ready to verify and prays that he be discharged in the present indictment.
_________________, defendant or attorney for defendant.
(7) PLEA OF FORMER JEOPARDY. - Comes the defendant (in his own proper person, or by attorney) and for plea says: He has once been in jeopardy for the offense of which he is now charged in this indictment and that, at the_____ session of _____ court, to-wit: On the _____ day of _____, the defendant was in due form arraigned and pleaded not guilty to the said offense charged, which was in substance as follows: _____ (here set out the indictment, complaint or affidavit charging the offense or the substance thereof) and that the defendant was thus put upon trial for such offense and, after he had pleaded to the same and was thus in jeopardy, that _____ (here set out the matters and facts constituting the irregularity that would bar a subsequent prosecution for the same offense). All of which the defendant is ready to verify, and he prays judgment of this court that he be discharged from the premises in the present indictment specified.
_________________, defendant or attorney for defendant.
(8) GENERAL FORM OF REPLICATION. - Comes the district attorney, and for replication to the defendant’s plea says: that the state ought not to be precluded from prosecuting the said indictment against the defendant on account of any fact stated in said plea, because he says:______ (here set out the matter which constitutes the replication to the plea). All of which the district attorney is ready to verify, and he prays judgment that the defendant be convicted of the premises in said indictment alleged.
_________________, district attorney.
(9) REPLICATION TO PLEA OF JURISDICTION. - Comes the district attorney and for replication to the defendant’s plea to the jurisdiction of this court says: Notwithstanding any facts or matters alleged by the defendant in his said plea, this court ought not to be excluded from taking further cognizance of this indictment because _____ (here set out the matter constituting the replication to said plea). All of which the district attorney is ready to verify, and he prays that the defendant may answer said indictment.
_________________, (district attorney.)
(10) PLEAS OF GUILTY AND NOT GUILTY. - The pleas of guilty and not guilty may be made either orally or in writing.
(Code 1907, §7574; Code 1923, §5205; Code 1940, T. 15, §288.)
(a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant desires to plead guilty as charged or as a youthful offender upon the granting of youthful offender status.
(b) Upon receipt of the written notice from the defendant stating his or her desire to plead guilty, the court shall direct the district attorney to prefer and file an information against the defendant. The information shall be made under oath of the district attorney or a witness, and shall accuse the defendant with the same specificity as required in an indictment of the offense or offenses for which the defendant is charged. This section shall not be construed to preclude the district attorney from amending or dismissing a pending charge against a defendant before the defendant pleads guilty.
(c) Upon the filing of an information, the court shall ascertain whether the defendant has retained counsel, and, shall appoint counsel if the defendant is indigent. The court shall set an arraignment date to enable the defendant to formally enter a plea of guilty in open court. Arraignment may be held and the guilty plea entered at any time after the filing of an information.
(d) The court shall receive and enter the plea of guilty of the defendant, and shall immediately pronounce and enter a judgement of conviction, set a date for sentencing, and thereafter proceed as provided by law.
(e) Upon acceptance from the defendant plea of guilty and pronouncement and entry of judgment and sentencing, the defendant shall have a right of appeal from the action of the court.
(f) In district court, a record of the defendant’s plea of guilty shall be kept by mechanical or electronic device. Any exhibits shall be preserved by the court. The record shall be preserved by the court and shall be transcribed by the designee if the defendant gives notice of appeal. The transcript of the defendant’s plea of guilty shall be certified as directed by the court or as required by the Alabama Rules of Appellate Procedure.
(g) If the court does not accept plea of guilty of the defendant or if youthful offender status of the defendant’s application is denied, the court shall:
(1) Order the defendant discharged.
(2) Order the defendant released as provided by law.
(3) Order the defendant held in custody pending action of the grand jury, or until released on bail.
(h) This section supersedes Rule 2.2.(e) of the Alabama Rules of Criminal Procedure.
(i) This section applies to all persons charged with non-capital felonies after its effective date.
(Acts 1996, No. 96-531, p. 742, §§1, 2, 4.)
When the desire of a defendant to plead guilty is made known to the court, it shall direct the district attorney of such court to prefer and file an information against such defendant, under the oath of such district attorney or some witness, which information shall accuse the defendant, with the same certainty as an indictment, of the criminal offense for which he is being held.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §261.)
When an information has been filed as provided in Section 15-15-21 and counsel employed or appointed, the court shall, by order entered upon the minutes of the court, fix a date for the defendant to formally make and enter his plea of guilty in open court, which date shall not be within 15 days after the arrest of the defendant nor within three days after notice to the court of his intention to plead guilty, and notice of such date shall be served by the sheriff upon the defendant and upon his counsel.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §263.)
(a) Upon the date fixed for the formal plea of guilty by a defendant, the court shall proceed to hear the testimony of any witnesses who may be summoned or offered either by the state or by the defendant or whom the court may direct to be summoned, and it must hear also the testimony of the defendant.
(b) If after hearing the testimony the court believes beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense charged against him in the information provided for in Section 15-15-21, the court shall thereupon receive and enter the plea of guilty of such defendant, shall enter judgment of conviction thereon and shall sentence the defendant to such term in the penitentiary as is prescribed by law, any other provisions of the law to the contrary notwithstanding.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §264.)
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the intervention of a jury, shall determine the degree of the offense and fix the punishment therefor the same as a jury might fix or impose it if the case were being tried by a jury, unless, in the discretion of the trial judge, a jury should be impaneled to determine the degree of the offense or to fix the punishment therefor or unless the defendant at the time of entering such plea demands a jury in writing. The court shall not in any event, however, impose capital punishment without the intervention of a jury.
(b) Whenever, in the discretion of the trial judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed in subsection (a) of this section, no special venire need be drawn, but the court must cause the punishment to be determined by a jury, except where the punishment is required by law to be fixed by the court.
(c) The court may in all cases in which a plea of guilty is entered cause witnesses to be examined to ascertain the character of the offense.
(d) Nothing contained in this section shall be construed as authorizing an accused who has entered a plea of guilty to demand a jury to determine any issue or to fix punishment in regard to any offense unless the right to have a jury determine such issue or to fix the punishment in regard to the offense with which he is charged is granted under some other applicable provisions of law.
(Code 1852, §618; Code 1867, §4170; Code 1876, §4871; Code 1886, §4439; Code 1896, §5263; Code 1907, §7566; Code 1923, §5196; Code 1940, T. 15, §277; Acts 1969, No. 1061, p. 1981, §1.)
If the court, after hearing a plea of guilty by a defendant and the testimony offered, is of opinion that no offense has been committed or is not satisfied beyond a reasonable doubt that the defendant is guilty, then the court may order the defendant recommitted to jail to await the action of the grand jury, may release the defendant on bond in an amount to be fixed by the court or may order the defendant to be discharged.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §265.)
After the court has heard and considered a plea of guilty by a defendant and has permitted the filing of such plea and sentenced the defendant, such defendant shall not have the right of appeal from the action of the court.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §266.)
(a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken to the indictment except by a plea in abatement to the indictment, and no objection can be taken to an indictment by a plea in abatement except upon the ground that the grand jurors who found the indictment were not drawn by the officer designated by law to draw the same; but neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.
(b) No objection can be taken to an indictment, by plea in abatement or otherwise, on the ground that any member of the grand jury was not legally qualified, that the grand jurors were not legally drawn or summoned or on any other ground going to the formation of the grand jury except that the jurors were not drawn in the presence of the officers designated by law; and neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.
(Code 1852, §635; Code 1867, §4187; Code 1876, §4889; Code 1886, §4445; Code 1896, §5269; Code 1907, §7572; Acts 1909, No. 227, p. 305; Code 1923, §§5202, 8630; Code 1940, T. 15, §§278, 285.)
Any plea in abatement to an indictment must be filed at the first session at which the indictment was found, if the accused has been arrested; or, if the accused has not been arrested, such a plea in abatement must be filed at the first session at which it is practicable after the defendant has been arrested, but in all cases such a plea in abatement must be filed before the plea to the merits.
(Acts 1909, No. 227, p. 305; Code 1923, §8631; Code 1940, T. 15, §279.)
No plea in abatement or other dilatory plea to an indictment must be received unless it is verified by oath or unless its truth appears by some matter of record or other written evidence accompanying it.
(Code 1852, §634; Code 1867, §4186; Code 1876, §4888; Code 1886, §4440; Code 1896, §5264; Code 1907, §7567; Code 1923, §5197; Code 1940, T. 15, §280.)
(a) The original jurisdiction of the circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution for a misdemeanor has been first commenced and is still pending in a district court or a municipal court, the prosecution in the circuit court shall be abated on plea.
(b) The plea provided for in subsection (a) of this section must state that the prosecution in the district court or the municipal court was commenced without the agency, request, participation, connivance or authority of the defendant and must be sworn to. Each and every averment of the plea may be traversed and denied; and if, on the trial of the issue, it appears that such prosecution was commenced by the agency, request, participation, connivance or authority of the defendant, then the jury must be instructed, if it finds either of these facts to exist, to find the issue in favor of the state, and the case must proceed to trial in the circuit court, as the case may be.
(Code 1852, §§385, 386; Code 1867, §§3933, 3934; Code 1876, §§4629, 4630; Code 1886, §§4443, 4444; Code 1896, §§5267, 5268; Code 1907, §§7570, 7571; Code 1923, §§5200, 5201; Code 1940, T. 15, §§283, 284.)
A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and, if the accused has not been arrested, it must be filed at the first session at which it is practicable after the defendant’s arrest; and, in all cases before a plea to the merits, if sustained, the defendant must not be discharged but must be held in custody or bailed, as the case may be, to answer another indictment at the same or the next session of the court, and the time elapsing between the first and second indictments, in such case, must not be computed as a part of the period limited by law for the prosecution of the offense.
(Code 1852, §636; Code 1867, §4188; Code 1876, §4890; Code 1886, §4446; Code 1896, §5270; Code 1907, §7573; Code 1923, §5203; Code 1940, T. 15, §286.)
When the defense of insanity is set up in any criminal prosecution, it must be by special plea, interposed at the time of arraignment and entered of record upon the docket of the court, which, in substance, shall be “not guilty by reason of insanity.” A plea of insanity shall not preclude the usual plea of the general issue, which shall not, however, put in issue the question of the irresponsibility of the accused by reason of his alleged insanity, this question being triable only under the special plea.
(Code 1896, §4939; Code 1907, §7176; Code 1923, §4573; Code 1940, T. 15, §423.)
Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reasonable satisfaction of the jury.
(Code 1896, §4938; Code 1907, §7175; Code 1923, §4572; Code 1940, T. 15, §422.)
The costs of removing an insane prisoner to and from the Alabama state hospitals under any of the provisions of this chapter must be defrayed by the state as in the case of removal of prisoners from one county to another; and such cost, together with the expenses of such patient in the hospital, may be recovered by the state from such person, his estate or any relative who would have been bound to provide for and maintain him elsewhere.
(Code 1896, §4945; Code 1907, §7183; Code 1923, §4580; Code 1940, T. 15, §431.)
If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness, in consequence of any summary conviction appears to be insane, the judge of the circuit court of the county where he is confined must institute a careful investigation, call a respectable physician and call other credible witnesses; and, if he deems it necessary, he may call a jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the Alabama state hospitals, where he must remain until restored to his right mind, and then, if the judge shall have so directed, the superintendent must inform the judge and sheriff, whereupon the person must be remanded to jail and criminal proceedings be resumed, or he must be otherwise discharged.
(Code 1867, §1060; Code 1876, §1488; Code 1886, §4816; Code 1896, §4942; Code 1907, §7180; Code 1923, §4577; Code 1940, T. 15, §428.)
If any person charged with any felony is held in confinement under indictment and the trial court shall have reasonable ground to doubt his sanity, the trial of such person for such offense shall be suspended until the jury shall inquire into the fact of such sanity, such jury to be impaneled from the regular jurors in attendance for the week or from a special venire, as the court may direct. If the jury shall find the accused sane at the time of its verdict, it shall make no other inquiry, and the trial in chief shall proceed. If it finds that he is insane at that time, the court shall make an order committing him to the Alabama state hospitals, where he must remain until he is restored to his right mind. When the superintendent of the hospitals shall be of opinion that such person is so restored, he shall forthwith, in writing, inform the judge and sheriff of such court of the fact, whereupon such person must be remanded to jail on an order of such judge and the criminal proceedings resumed. In no event shall such a person be set at large so long as such prosecution is pending or so long as he continues to be insane.
(Code 1896, §4941; Code 1907, §7178; Code 1923, §4575; Code 1940, T. 15, §426.)
(a) Whenever it shall be made known to the presiding judge of a court by which an indictment has been returned against a defendant for a capital offense, that there is reasonable ground to believe that such defendant may presently lack the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever said judge receives notice that the defense of said defendant may proceed on the basis of mental disease or defect as a defense to criminal responsibility; it shall be the duty of the presiding judge to forthwith order that such defendant be committed to the Department of Mental Health and Mental Retardation for examination by one or more mental health professionals appointed by the Commissioner of the Department of Mental Health and Mental Retardation. The commissioner shall place the defendant under the observation and examination of one or more mental health professionals, each of whom is either a licensed psychologist holding a Psy. D. or Ph.D degree or a licensed physician who specializes in psychiatry. The assigned mental health professional(s) shall examine the defendant with respect to determining the presence of any mental disease or defect which, if determined to be present, would affect the capacity of the defendant to proceed or continue to trial or which would affect the defendant’s criminal responsibility at the time of the commission of the crime.
(b) Such defendant shall be subject to the observation of and examination by the mental health professional(s) appointed by the commissioner for such length of time as may be necessary to determine the mental condition of the defendant so far as it affects his capacity to proceed or continue to trial or his criminal responsibility.
(c) As soon as the assigned mental health professional(s) has completed the examination of the defendant, said mental health professional(s) shall make a full written report thereof to the clerk of the court in which the indictment against said defendant is pending, which report shall be placed on file and be accessible to the court, to the district attorney and to the counsel for the defendant.
(d) It shall be the duty of the clerk of said court upon receipt of said report to issue an order to the sheriff of the county directing that such defendant be remanded and removed to jail and that the criminal proceedings against him be resumed or he be otherwise legally discharged.
(e) The expense of removing such defendant to and from the hospitals and of maintaining him while there confined shall be paid in the same manner as provided by law in the case of persons adjudged to be of unsound mind following inquisition in the probate court.
(Acts 1933, Ex. Sess., No. 157, p. 144; Code 1940, T. 15, §425; Acts 1990, No. 90-637, p. 1171.)
If after conviction and sentence to death, but at any time before the execution of the sentence, it is made to appear to the satisfaction of the trial court that the convict is then insane, such trial court shall forthwith enter an order in the trial court suspending the execution of the sentence to the time fixed in the order; and, if it subsequently is made to appear to the court that such convict, the execution of the sentence of whom has thus been suspended, is restored to sanity, the trial court shall forthwith have another order entered ordering and commanding the execution of the judgment and sentence originally awarded in said court at a time fixed in such order. This mode of suspending the execution of sentence after conviction on account of the insanity of the convict shall be exclusive and final and shall not be reviewed or revised by or renewed before any other court or judge. No court or judge in this state shall have the power or right to suspend the execution of sentence of any other court of record on account of the insanity of the convict. This section shall not prevent the judge or court from impaneling a jury to try the question of insanity or from examining such witnesses as he may deem proper for guidance.
(Code 1907, §7179; Code 1923, §4576; Code 1940, T. 15, §427.)
If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by reason of insanity, but if the jury does not believe from the evidence that the defendant committed the act or if it believes from the evidence that he is not guilty upon any ground other than his alleged insanity, it must return a general verdict of not guilty; otherwise, it must return a verdict of conviction.
(Code 1896, §4940; Code 1907, §7177; Code 1923, §4574; Code 1940, T. 15, §424.)
Notwithstanding Section 15-16-20, if a commitment order has been issued pursuant to Chapter 52 of Title 22, but cannot be fulfilled because the respondent is subsequently confined solely for misdemeanor charges or municipal ordinance violations, the judge of probate who issued the commitment order may communicate with the judge of the district, municipal, or circuit court who ordered the respondent to be confined to discuss whether he or she will issue an order to discharge the respondent from confinement and suspend the criminal proceedings temporarily so that the commitment order may be fulfilled. The court shall give the prosecuting attorney an opportunity to object to the discharge order.
(Act 2024-193, §2.)
(a) If a defendant in a criminal case is found not guilty by reason of insanity, the court shall determine whether the defendant should be held for a hearing on the issue of his or her involuntary commitment to the Alabama State Department of Mental Health. If the court determines that there is probable cause to believe that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant into the custody of the sheriff until a hearing can be held to determine whether the defendant shall be involuntarily committed. If the court does not make such a determination, then the defendant shall be released from custody.
(b) In determining whether the defendant poses a real and present threat of substantial harm to self or others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
(Acts 1981, No. 81-708, p. 1189, §1; Act 2022-202, §1.)
Whenever the court finds probable cause pursuant to Section 15-16-41, the court shall hold a final hearing within 30 days to determine whether the defendant shall be involuntarily committed.
(Acts 1981, No. 81-708, p. 1189, §2.)
(a)(1) If, at the final hearing, the court finds that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, the court shall order the defendant committed to the custody of the Commissioner of the Alabama State Department of Mental Health or to another public facility as the court may order.
(2) If the court does not make a finding that the defendant has a mental illness and as a consequence of the mental illness poses a real and present threat of substantial harm to himself or herself or to others, then the defendant shall be released from custody.
(b) In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
(Acts 1981, No. 81-708, p. 1189, §3; Act 2022-202, §1.)
If a circuit judge enters an order for involuntary commitment pursuant to Section 15-16-20, or any other provision of law, he or she shall immediately report the order to the Alabama State Law Enforcement Agency, in a manner prescribed by the agency, for entry into the state firearms prohibited person database and the National Instant Criminal Background Check (NICS) system.
(Act 2023-472, §2.)
This article shall be entitled “The Criminal Psychopath Release Restriction Act.”
(Acts 1988, No. 88-581, p. 906, §1.)
The following definitions shall apply to this article:
(1) COURT. The court which committed the defendant pursuant to Section 15-16-43.
(2) DEFENDANT. A defendant in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason of mental disease or defect, and has been committed to the custody of the Alabama State Department of Mental Health and Mental Retardation or another facility as provided by Section 15-16-43.
(3) DEPARTMENT. The State Department of Mental Health and Mental Retardation.
(4) DISTRICT ATTORNEY. The district attorney for the judicial circuit of the court which committed the defendant pursuant to Section 15-16-43.
(5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY. Any mental health facility providing mental health services pursuant to Sections 22-51-1 through 22-51-14.
(Acts 1988, No. 88-581, p. 906, §2.)
When a defendant in a criminal case has been committed to the custody of the commissioner of the department or another facility as provided by Section 15-16-43, such department or facility may not release such defendant from custody unless authorized to do so by court order as provided in this article.
(Acts 1988, No. 88-581, p. 906, §3.)
Whenever the department or other facility with custody of a defendant is of the opinion that the defendant is no longer mentally ill, or that the defendant no longer poses a real and present threat of substantial harm to himself or to others by being at large, or no longer poses a real and present threat of substantial harm to himself or to others by being at large if certain conditions are imposed upon his release, the department or other facility shall give notice in writing to the court of that opinion. The department or other facility shall contemporaneously send copies of that notice to: the district attorney; the regional or community mental health facility which is or may be involved if the defendant is released; and the defendant, or his guardian, or his attorney. The department may include in such notice a conditional release plan if the department deems such a plan appropriate.
(Acts 1988, No. 88-581, p. 906, §4.)
The court shall set a hearing to be held within 30 days of its receipt of the notice described in Section 15-16-63, unless an order of release either with or without conditions is stipulated by the department and all the parties to whom notice is required in Section 15-16-63. The court shall give notice of the date of that hearing to the department and to all the parties to whom notice is required in Section 15-16-63.
(Acts 1988, No. 88-581, p. 906, §5.)
Where the defendant does not have an attorney, the court shall appoint him one for purposes of the hearing. Payment of appointed counsel for indigent defendants shall be at the same rates and with the same limitations as would apply if the hearing were a criminal prosecution.
(Acts 1988, No. 88-581, p. 906, §6.)
If a hearing is not held within 60 days of receipt by the court of the notice described in Section 15-16-63, the defendant shall be released forthwith unless for good cause shown the hearing is continued for a reasonable time.
(Acts 1988, No. 88-581, p. 906, §7.)
(a)(1) If, after conducting the hearing, the court determines that the defendant no longer has a mental illness or no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large, the court shall order his or her release.
(2) If the court determines that the defendant still has a mental illness but no longer poses a real and present threat of substantial harm to himself or herself or to others by being at large if his or her release is accompanied by certain conditions, the court shall order his or her release subject to those conditions necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or herself or to others.
(b) In determining whether the defendant poses a real and present threat of substantial harm to himself or herself or to others, the court shall consider all available relevant information, including any known relevant aspects of the defendant’s psychosocial, medical, and psychiatric history, in addition to the defendant’s current behavior.
(Acts 1988, No. 88-581, p. 906, §8; Act 2022-202, §1.)
The conditions that the court may impose upon release, if necessary and appropriate, include, the following:
(1) That the defendant take medication as prescribed by doctors in the department or in a regional or community mental health facility, or by some other doctor whose care the defendant is in;
(2) That the defendant submit to treatment and accept care from a duly authorized outpatient facility such as a regional or community mental health facility;
(3) That the defendant submit to mental or medical evaluation or testing as prescribed by the department, by a regional or community mental health facility, or by other appropriate person or facility;
(4) That the defendant submit to periodic or random drug testing designed to ensure that he is taking any prescribed drugs and avoiding any prescribed drugs including alcohol;
(5) That the defendant avoid specified activities, persons, or places that may be detrimental to his condition;
(6) Any other appropriate condition that is necessary to prevent the defendant from posing a real and present threat of substantial harm to himself or to others while he is at large.
(Acts 1988, No. 88-581, p. 906, §9.)
If conditional release is ordered, the court shall state the specific conditions to be followed by the defendant. The order shall also direct the appropriate agencies or persons to submit periodic reports to the court regarding the defendant’s compliance with the conditions of release and progress in treatment, with copies to the district attorney, to the defendant or his guardian or counsel, and to the individual or institution from which the defendant is released. Such reports shall not be deemed to be a violation of any doctor-patient, psychiatrist-patient, or psychologist-patient privilege.
(Acts 1988, No. 88-581, p. 906, §10.)
If at any time it appears that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated to the point that inpatient care is required, or that the release conditions should be modified, the court may, after a hearing, modify the release conditions or order the defendant returned to the Department of Mental Health and Mental Retardation for further treatment. All such hearings shall be preceded by notice to the department and to the parties required to be notified in Section 15-16-63. All such modifications and orders shall be guided by the standard of whether such modifications and orders are necessary to ensure that the defendant does not pose a real and present threat of substantial harm to himself or to others.
(Acts 1988, No. 88-581, p. 906, §11.)
If at any time after a defendant has been conditionally released, it appears that removal of some of the conditions or release of the defendant without conditions will not cause the defendant to pose a real and present threat of substantial harm to himself or to others by being at large, the court, after a hearing, shall remove the unnecessary conditions, or it shall order the defendant released unconditionally and terminate its jurisdiction over the case, as the case may be. All such hearings shall be preceded by notice to the department and to the parties required to be notified in Section 15-16-63.
(Acts 1988, No. 88-581, p. 906, §12.)
When several persons are indicted and tried jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they agree, on which a judgment must be entered accordingly, and the case as to the other defendants may be tried by another jury.
(Code 1852, §652; Code 1867, §4204; Code 1876, §4909; Code 1886, §4483; Code 1896, §5307; Code 1907, §7316; Code 1923, §8698; Code 1940, T. 15, §324.)
When the intent with which, the mode in or the means by which an act is done is essential to the commission of the offense and such offense may be committed with different intents, in different modes or by different means, if the jury is satisfied that the act was committed with one of the intents, in one of the modes or by either of the means charged, it is sufficient; and the jury must convict, although uncertain as to which of the intents charged existed, in which mode or by which of the means charged such act was committed.
(Code 1852, §644; Code 1867, §4196; Code 1876, §4898; Code 1886, §4480; Code 1896, §5304; Code 1907, §6874; Code 1923, §4020; Code 1940, T. 15, §313.)
When an act done may be attended by more results than one, either of which is sufficient to constitute the offense, the jury must convict if satisfied that any one of the results charged was produced by the act, although uncertain as to which.
(Code 1852, §645; Code 1867, §4197; Code 1876, §4899; Code 1886, §4481; Code 1896, §5305; Code 1907, §6875; Code 1923, §4021; Code 1940, T. 15, §314.)
(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair trial;
(2) Misconduct of the jury or state;
(3) Accident or surprise which ordinary prudence could not have guarded against;
(4) That the verdict or decision is not sustained beyond a reasonable doubt or is contrary to law;
(5) Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial; and
(6) Error of law occurring at the trial properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same at the costs of the party applying therefor or in the costs abiding the event of the case, or a portion of the costs, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 7, §276.)
(a) The only legal punishments, besides removal from office and disqualification to hold office, are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the penitentiary, which includes hard labor for the state, and death.
(b) In all cases in which the period of imprisonment in the penitentiary or hard labor for the county is more than three years, the judge shall sentence the party to imprisonment in the penitentiary. In all cases of conviction for felonies in which imprisonment or hard labor is for more than 12 months and not more than three years, the judge may sentence the party to imprisonment in the penitentiary, confinement in the county jail, or to hard labor for the county, at his or her discretion, any other provision of law to the contrary notwithstanding. In all cases in which the imprisonment or sentence to hard labor is 12 months or less, the party shall be sentenced to imprisonment in the county jail or to hard labor for the county. No misdemeanor prisoner may be sentenced to the penitentiary.
(c) This section shall not be construed to relieve the Department of Corrections of any responsibility imposed upon it by law to make payment of costs under any provisions of law applicable thereto.
(Code 1852, §208; Code 1867, §3750; Code 1876, §4450; Code 1886, §4492; Code 1896, §5412; Code 1907, §7620; Code 1923, §5265; Code 1940, T. 15, §325; Acts 1943, No. 433, p. 401; Acts 1957, No. 61, p. 100, §§1, 2; Acts 1975, 4th Ex. Sess., No. 87, §1; Act 2002-492, p. 1243, §2.)
When an offender who is under sentence from a federal court is convicted in a state court, the state judge, in his discretion, may impose a sentence to be served concurrently with the federally imposed sentence, in the federal penal system.
(Acts 1975, 2nd Ex. Sess., No. 86, §1.)
(a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.
(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth Services in a juvenile court for a felony or a misdemeanor for a set period of time or as a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile court shall order that the delinquent child be credited with all of his or her actual time spent detained prior to or subsequent to adjudication for the offense. The actual time spent detained shall be certified by a juvenile probation officer on forms to be prescribed by the Department of Youth Services.
(Acts 1975, 2nd Ex. Sess., No. 58, §1; Acts 1976, No. 677, p. 926; Act 2018-525, §1.)
An escapee from a state penal institution who is recaptured and returned to custody shall be credited with all of his actual time spent incarcerated within the State of Alabama prior to his transfer and return to the custody of Board of Corrections (penal system). The actual time spent incarcerated pending return to custody of the Board of Corrections (penal system) shall be certified by the sheriff on forms to be prescribed by the Board of Corrections.
(Acts 1975, 2nd Ex. Sess., No. 58, §2.)
Sections 15-18-5 and 15-18-6 shall be applicable to any prisoner presently incarcerated who comes within the purview of Sections 15-18-5 and 15-18-6.
(Acts 1976, No. 677, p. 926.)
(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that is a Class A or Class B felony offense, and receives a sentence of 30 years or less, the judge presiding over the case may order:
(1) In cases where the defendant is convicted of a Class A, Class B, Class C, or Class D felony and the imposed sentence is not more than 15 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.
(2) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 15 years but not more than 20 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period of three to five years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.
(3) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 20 years but not more than 30 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a minimum period of 10 years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court. The minimum period of confinement provided by this subdivision may not be served in a county jail. Notwithstanding subsection (c), the court shall not suspend or alter the minimum period of confinement ordered.
(b) Probation may not be granted for a sex offense involving a child as defined in Section 15-20A-4 that is a Class A or Class B felony. Otherwise, probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.
(c) Regardless of whether the defendant has begun serving the minimum period of confinement ordered under subsection (a) or (h), the court shall retain jurisdiction and authority to suspend that portion of the minimum sentence that remains and place the defendant on probation, notwithstanding any provision of the law to the contrary, and the court may revoke or modify any condition of probation or may change the period of probation.
(d) While incarcerated or on probation and among the conditions thereof, the defendant may be required to do any of the following:
(1) Pay a fine in one or several sums.
(2) Make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had.
(3) Provide for the support of any persons for whose support he or she is legally responsible.
(4) Complete an accountability court, including, but not limited to, a drug court, veterans court, mental health court, or theft court.
(e) Except as otherwise provided pursuant to Section 15-18-64, the defendant’s liability for any fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.
(f) During any term of probation, the defendant shall report to the probation authorities at a time and place as directed by the judge imposing the sentence.
(g) No defendant serving a minimum period of confinement ordered under subsection (a) or (h) shall be entitled to parole or to deductions from his or her sentence under the Alabama Correctional Incentive Time Act, during the minimum period of confinement so ordered; provided, however, that this subsection shall not be construed to prohibit application of the Alabama Correctional Incentive Time Act to any period of confinement which may be required after the defendant has served the minimum period.
(h) When a defendant is convicted of a misdemeanor or convicted of a municipal ordinance, the judge presiding over the case may impose a sentence in accordance with Section 13A-5-7. The court may order a portion of the sentence to be suspended and the defendant be placed on probation for a period not exceeding two years.
(i) Nothing in this section shall be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.
(Acts 1976, No. 754, p. 1038; Acts 1985, 2nd Ex. Sess., No. 85-905, p. 177, §1; Acts 1988, No. 88-163, p. 261, §1; Act 2000-759, p. 1736, §2; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2015-185, p. 476, §3; Act 2015-463, p. 1506, §1; Act 2018-406, §1(b)(4); Act 2019-344, §1; Act 2023-461, §1; Act 2025-381, §1.)
Any and all rules and regulations issued by the Commissioner of the Alabama Department of Corrections pursuant to the provisions of Section 15-18-8 shall be subject to the Alabama Administrative Procedure Act.
(Acts 1988, No. 88-163, p. 261, §2.)
(a) Notwithstanding any other law to the contrary, if a defendant’s probation is revoked, and the defendant was sentenced pursuant to Section 15-18-8, the sentencing judge may determine the length of revocation sentence, including the ability to resplit the sentence within the remainder of the sentence pursuant to Section 15-18-8. If the revocation sentence imposed is less than the length of time remaining on the original sentence, the remainder of the sentence shall be suspended and the defendant may be placed on probation for a period and upon terms as the court deems best.
(b) This section shall apply to any defendant who is subject to probation without regard to when he or she was sentenced for or committed the crime.
(Act 2022-381, §1.)
In all cases when it is shown that a criminal defendant has been previously convicted of any felony and after such conviction has committed another felony, he must be punished as follows:
(1) On conviction of a Class C felony, he must be punished for a Class B felony;
(2) On conviction of a Class B felony, he must be punished for a Class A felony; and
(3) On conviction of a Class A felony, he must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.
(Acts 1977, No. 643, p. 1091.)
When an offense is punishable by imprisonment in the county jail, such imprisonment must be imposed by the court, unless the discretion is expressly conferred on the jury.
(Code 1852, §235; Code 1867, §3783; Code 1876, §4485; Code 1886, §4498; Code 1896, §5419; Code 1907, §7627; Code 1923, §5283; Code 1940, T. 15, §333.)
When an indictment is for a misdemeanor and the court is of opinion that the prosecution is frivolous or malicious, the prosecutor is liable for the costs.
(Code 1852, §556; Code 1867, §4106; Code 1876, §4779; Code 1886, §4355; Code 1896, §5041; Code 1907, §7302; Code 1923, §8684; Code 1940, T. 15, §337.)
When the costs are imposed on the prosecutor, he may confess judgment for the same, with good and sufficient sureties; and, failing to do so or to pay the same presently, he must be imprisoned in the county jail or sentenced to hard labor for the county for 10 days.
(Code 1852, §215; Code 1867, §3762; Code 1876, §4457; Code 1886, §4501; Code 1896, §5422; Code 1907, §7631; Code 1923, §5287; Code 1940, T. 15, §338.)
In cases of willful nonpayment of the fine and costs, the defendant shall either be imprisoned in the county jail or, at the discretion of the court, sentenced to hard labor for the county as follows:
(1) If the fine and costs do not exceed two hundred fifty dollars ($250), no more than 10 days;
(2) If the fine and costs exceed two hundred fifty dollars ($250) but do not exceed five hundred dollars ($500), no more than 20 days;
(3) If the fine and costs exceed five hundred dollars ($500), but do not exceed one thousand dollars ($1,000), no more than 30 days; and
(4) For every additional one hundred dollars ($100) or fractional part thereof, 4 days.
(Code 1852, §213; Code 1867, §3760; Code 1876, §4455; Code 1886, §4503; Code 1896, §5425; Code 1907, §7634; Code 1923, §5290; Code 1940, T. 15, §341; Act 2002-415, p. 1060, §1.)
[Repealed]
Repealed by Act 2002-415, p. 1060, §2, effective April 17, 2002.
(Code 1852, §511; Code 1867, §4061; Code 1876, §4731; Code 1886, §4504; Code 1896, §5426; Code 1907, §7635; Code 1923, §5291; Code 1940, T. 15, §342; Acts 1961, No. 1017, p. 1596.)
(a) In every instance, the court shall retain jurisdiction of any person who reaches the end of his or her sentence, received a termination of supervised or unsupervised parole or supervised or unsupervised probation, or in any way has completed all terms of his or her sentence or incarceration pursuant to Act 2015-185 or any other provision of law for the purposes of the enforcement of a court order related to uncollected court-ordered fines, fees, costs, or restitution, pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
(b) All interest, fees, or penalties prescribed by law must be attached to any unpaid sums pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
(Act 2015-185, §10.)
(a) During the 180-day period immediately after an inmate is released from the physical custody of the Alabama Department of Corrections, he or she shall not be required to pay any outstanding court-assessed fines, fees, or costs.
(b) Within 30 days of release from physical custody, an inmate shall contact the clerk of the court in the jurisdiction or jurisdictions in which he or she has financial obligations and shall enter into a repayment agreement for outstanding court-assessed fines, fees, or costs.
(c) Persons in the physical custody of the Alabama Department of Corrections shall not be required to pay any outstanding court-assessed fines, fees, or costs while incarcerated. This subsection shall not apply to an individual who has been sentenced to a community corrections punishment authority or community corrections program.
(d) This section shall not apply to any restitution owed to a victim or any supervision fees assessed as a condition of release from physical custody.
(Act 2022-386, §1.)
The Legislature hereby finds, declares and determines that it is essential to be fair and impartial in the administration of justice, that all perpetrators of criminal activity or conduct be required to fully compensate all victims of such conduct or activity for any pecuniary loss, damage or injury as a direct or indirect result thereof. The provisions of this article shall be construed so as to accomplish this purpose and to promote the same which shall be the public policy of this state.
(Acts 1980, No. 80-588, p. 928, §1.)
As used in this article, the following words and terms shall have the meanings respectively ascribed by this section:
(1) CRIMINAL ACTIVITIES. Any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.
(2) PECUNIARY DAMAGES. All special damages which a person shall recover against the defendant in a civil action arising out of the facts or events constituting the defendant’s criminal activities; the term shall include, but not be limited to the money or other equivalent of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel, medical, dental or burial expenses and wages including but not limited to wages lost as a result of court appearances.
(3) RESTITUTION. Full, partial or nominal payment of pecuniary damages to the victim or to its equivalent in services performed or work or labor done for the benefit of the victim as determined by the court of record.
(4) VICTIM. Any person whom the court determines has suffered a direct or indirect pecuniary damage as a result of the defendant’s criminal activities. “Victim” shall not include any participant in the defendant’s criminal activities.
(Acts 1980, No. 80-588, p. 928, §2.)
When a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary damages or loss to a victim, the court shall hold a hearing to determine the amount or type of restitution due the victim or victims of such defendant’s criminal acts. Such restitution hearings shall be held as a matter of course and in addition to any other sentence which it may impose, the court shall order that the defendant make restitution or otherwise compensate such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the administrator of any victim’s estate as well as the district attorney shall have the right to be present and be heard upon the issue of restitution at any such hearings.
(Acts 1980, No. 80-588, p. 928, §3.)
(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant.
(2) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court.
(3) The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment.
(4) Any burden or hardship upon the victim as a direct or indirect result of the defendant’s criminal acts.
(5) The mental, physical, and financial well-being of the victim.
(b) When a defendant has been convicted of the following offenses after February 1, 2009, the court may consider the factors enumerated in subsection (a) and shall order restitution to be paid as follows:
(1) When a defendant has been convicted of a capital offense under subsection (a) of Section 13A-5-40, the court shall order restitution for an amount not less than fifty thousand dollars ($50,000) for each conviction under subsection (a) of Section 13A-5-40.
(2) When a defendant has been convicted of rape in the first degree under Section 13A-6-61 and the person has one or more prior convictions under Section 13A-6-61, the court shall order restitution for an amount not less than ten thousand dollars ($10,000) for each conviction under Section 13A-6-61.
(c) Nothing in this section shall limit or impair the right of a person injured by a defendant’s criminal activities to sue or recover damages from the defendant in a civil action. Evidence that the defendant has paid, or has been ordered to pay, restitution pursuant to this section may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in the civil action.
(Acts 1980, No. 80-588, p. 928, §4; Act 2009-632, p. 1937, §1.)
At such restitution hearings, the defendant, the victim, the district attorney, or other interested party may object to the imposition, amount or distribution of restitution or the manner or method thereof and the court shall allow all such objections to be heard and preserved as a matter of record. The court shall thereafter enter its order upon the record stating its findings and the underlying facts and circumstances thereof.
(Acts 1980, No. 80-588, p. 928, §5.)
When a defendant is sentenced or ordered to make restitution, the court may order payment to be made forthwith to be paid to the circuit clerk as other fines and costs are made. The court may also order restitution to be made within a specified period of time or in specified installments to the circuit clerk as a condition of suspension of execution of sentence or as a condition of probation.
(Acts 1980, No. 80-588, p. 928, §6.)
When a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable during the period of imprisonment when the defendant has any asset or other income or any portion thereof to which a defendant is or may be entitled. The Board of Pardons and Paroles shall be notified of the amount of restitution by its parole officers and when and if the defendant is paroled, it shall be made a condition of the parole to continue the restitution payments to the victim. If during the period of the defendant’s parole, he or she fails to make restitution as ordered by the original court, it shall be grounds for revocation of parole.
(Acts 1980, No. 80-588, p. 928, §7; Act 2009-632, p. 1937, §1.)
(a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment, the court on motion of the victim or the district attorney or upon its own motion shall require the defendant to show cause why his default should not be treated as violation of a condition of his probation.
(b) When the defendant is sentenced to the penitentiary by the court, and the court orders restitution, it shall be made a condition of his parole that restitution be made. When the parolee defaults in the payment thereof or any installment, the parole board on motion of the victim or the district attorney or the supervising parole officer, may require the defendant to show cause why his default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and after due process may revoke his parole.
(c) The court shall cause all restitution payments to be transmitted in not less than 15 days of receipt of such payment.
(Acts 1980, No. 80-588, p. 928, §8; Acts 1982, No. 82-556.)
When an order of restitution is imposed upon a defendant which is a corporation, unincorporated association, partnership or other business entity, it shall be the duty of the person or persons authorized to make disbursements from the assets of such defendant to make restitution from those assets and a failure to do so by such person or persons may be held to be in contempt of court unless a showing be made to the contrary as pursuant to the provisions of Section 15-18-72.
Any corporation, unincorporated association, or other business entity which fails to make restitution as ordered by the court shall forfeit its rights to do business within the State of Alabama and its charter or other legal grant of the right to do such business may be dissolved by the court.
(Acts 1980, No. 80-588, p. 928, §9.)
Whenever an offender in the custody of the Department of Corrections is paroled, the Board of Pardons and Paroles will inform him of the court’s imposition of restitution payments and the supervising parole officer will see that the schedule of payment of restitution is resumed and continued until paid in full.
(Acts 1980, No. 80-588, p. 928, §10.)
Nothing in this article limits or impairs the right of a person injured by a defendant’s criminal activities to sue or recover damages from the defendant in a civil action. Evidence that the defendant has paid or has been ordered to pay restitution pursuant to this article may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.
If conviction in a criminal trial necessarily decides the issue of a defendant’s liability for pecuniary damages for a victim, that issue is conclusively determined as to the defendant, if it is involved in a subsequent civil action.
(Acts 1980, No. 80-588, p. 928, §11.)
(a) The county commissions of several counties and the governing authorities of municipalities are hereby authorized to cooperate with the State Board of Pardons and Paroles in the establishment of restitution centers. Such centers shall be operated by the State Board of Pardons and Paroles. County or municipal property may be utilized with the approval of the county commission or municipal governing authority for the construction, renovation, and maintenance of facilities owned by the state or a local political subdivision. Such a facility may be furnished or leased to the Board of Pardons and Paroles for a period of time for use as a restitution center.
(b) It is the intent of this section that county and local governments contribute only to the establishment, renovation, furnishing, and maintenance of the physical plant of the restitution center and that the Board of Pardons and Paroles support the operation of and have the responsibility of offenders in such centers. Provided, however, that no provision of this article shall operate so as to deprive the court of its power to revoke probation of residence or the State Board of Pardons and Paroles’ power to revoke parolees housed in the center.
(Acts 1980, No. 80-588, p. 928, §12.)
The State Board of Pardons and Paroles, the county commissions and the governing authorities of municipalities are hereby authorized to cooperate in the institution and administration of services at restitution centers as authorized in Section 15-18-76.
The Board of Pardons and Paroles, the county commissions and the governing authorities of municipalities are authorized jointly:
(1) To seek funding from federal or other sources to provide the maximum supportive services for offenders and the families of offenders who are participating in the restitution program;
(2) To develop additional programs whereby the offenders may be afforded the opportunity to contribute to society and the support of their families through restitution programs; and
(3) To develop pilot programs of counseling, training and job placement whereby restitution may be accomplished; such programs may be residential or nonresidential as appropriate.
(Acts 1980, No. 80-588, p. 928, §13.)
(a) A restitution order in a criminal case shall be a final judgment and have all the force and effect of a final judgment in a civil action under the laws of the State of Alabama. The victim on whose behalf restitution is ordered, the executor or administrator of the victim’s estate, or anyone else acting on behalf of the victim, shall be entitled to all the rights and remedies to which a plaintiff would be entitled in a civil action under the laws of this state as well as any other right or remedy pertaining to such restitution order as may be provided by law.
(b) The provisions of this section shall be read and deemed in pari materia with other provisions of law. Provided however, the provisions of this section are cumulative and shall not be construed so as to deprive any victim of any other remedy or relief to which a victim may now or hereafter be entitled pursuant to law.
(Acts 1983, No. 83-508, p. 716.)
(a) Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence has been pronounced, issue a warrant under the seal of the court for the execution of the sentence of death, which warrant shall recite the fact of conviction, setting forth specifically the offense, the judgment of the court and the time fixed for his execution, and which shall be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding him to proceed, at the time and place named in the sentence, to carry the same into execution, as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of the county in which such judgment of conviction was had, to be by him delivered to the said warden, together with the condemned person as provided in subsection (b) of this section; provided, however, that in case of appeal to the Supreme Court of Alabama by the defendant and the suspension of execution of sentence by the trial court, said condemned person shall remain in the county jail of the county in which the conviction was had unless the court in which the case is tried orders otherwise, in which case, upon the affirmation of the appeal by the Supreme Court, said warrant for the execution of the death sentence, under seal of the court, together with the person of the condemned shall be delivered within 10 days after such affirmation to the warden of Holman prison as provided above.
(b) Immediately upon the receipt of such warrant, the sheriff shall transport such condemned person to the William C. Holman unit of the prison system at Atmore, shall there deliver him and the warrant aforesaid into the hands of the warden and shall take from the warden his receipt for such person and such warrant, which receipt the sheriff shall return to the office of the clerk of the court where the judgment of death was rendered. For his services, the sheriff shall be entitled to the same compensation as now provided by law to sheriffs for removing or conveying prisoners.
(Acts 1923, No. 587, p. 759; Code 1923, §§5311, 5312; Acts 1935, No. 518, p. 1106; Code 1940, T. 15, §§345, 346; Acts 1971, No. 2360, p. 3792.)
Upon the receipt of a condemned person by the warden of Holman prison, he shall be confined therein until the time for his execution arrives; and, while so confined, all persons outside the said prison shall be denied access to him, except his physician and lawyer, who shall be admitted to see him when necessary to his health or for the transaction of business, and the relatives, friends and spiritual advisors of the condemned person, who shall be admitted to see and converse with him at all proper times, under such reasonable rules and regulations as may be made by the Board of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §5313; Code 1940, T. 15, §347; Acts 1971, No. 2360, p. 3792.)
(a) Where the sentence of death is pronounced against a convict, the sentence shall be executed at any hour on the day set for the execution, not less than 30 nor more than 100 days from the date of sentence, as the court may adjudge, by lethal injection unless the convict elects execution by electrocution or nitrogen hypoxia as provided by law. If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection. If lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia.
(b) Executions shall take place at the William C. Holman unit of the prison system at Atmore in a room or area arranged for that purpose. It shall be the duty of the Department of Corrections of this state to provide the necessary facilities, instruments, and accommodations to carry out the execution.
(c) The warden of the William C. Holman unit of the prison system at Atmore or, in case of his or her death, disability, or absence, his or her deputy, shall be the executioner. In the case of execution by lethal injection, the warden, or in the case of his or her death, disability, or absence, his or her deputy, may designate an employee of the unit to administer the lethal injection. In the event of the death or disability or absence of both the warden and deputy, the executioner shall be that person appointed by the Commissioner of the Department of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §§5309, 5310, 5314; Code 1940, T. 15, §§343, 344, 348; Acts 1953, No. 759, p. 1021; Acts 1971, No. 2360, p. 3792; Act 2002-492, p. 1243, §2; Act 2018-353, §1.)
(a) A death sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively elects to be executed by electrocution or nitrogen hypoxia. The sentence shall be executed pursuant to Section 15-18-82.
(b) A person convicted and sentenced to death for a capital crime at any time shall have one opportunity to elect that his or her death sentence be executed by electrocution or nitrogen hypoxia.
(1) The election for death by electrocution is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death or, if a certificate of judgment is issued before July 1, 2002, the election must be made and delivered to the warden within 30 days after July 1, 2002. If a warrant of execution is pending on July 1, 2002, or if a warrant is issued within 30 days after July 1, 2002, the person sentenced to death who is the subject of the warrant shall waive election of electrocution as the method of execution unless a written election signed by the person is submitted to the warden of the correctional facility no later than 48 hours after a new date for execution of the death sentence is set.
(2) The election for death by nitrogen hypoxia is waived unless it is personally made by the person in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death. If a certificate of judgment is issued before June 1, 2018, the election must be made and delivered to the warden within 30 days of that date. If a warrant of execution is pending on June 1, 2018, or if a warrant is issued within 30 days of that date, the person who is the subject of the warrant shall waive election of nitrogen hypoxia as the method of execution unless a written election signed by the person is submitted to the warden of the correctional facility not later than 48 hours after June 1, 2018, or after the warrant is issued, whichever is later.
(c) If electrocution, nitrogen hypoxia, and lethal injection are all held to be unconstitutional by the Alabama Supreme Court under the Constitution of Alabama of 1901, or held to be unconstitutional by the United States Supreme Court under the United States Constitution, or if the United States Supreme Court declines to review any judgment holding a method of execution to be unconstitutional under the United States Constitution made by the Alabama Supreme Court or the United States Court of Appeals that has jurisdiction over Alabama, then all persons sentenced to death shall be executed by any constitutional method of execution based on the sole discretion of the Commissioner of the Department of Corrections.
(d) The provisions of the opinion and all points of law decided by the United States Supreme Court in Malloy v. South Carolina, 237 U.S. 180 (1915), finding that the Ex Post Facto Clause of the United States Constitution is not violated by a legislatively enacted change in the method of execution for a sentence of death validly imposed for previously committed capital murders, are adopted by the Legislature as the law of this state.
(e) A change in the method of execution shall not increase the punishment or modify the penalty of death for capital murder. Any legislative change to the method of execution for the crime of capital murder shall not violate Section 22 of Article I of the Constitution of Alabama of 1901.
(f) Notwithstanding any law to the contrary, a person authorized by state law to prescribe medication and designated by the Department of Corrections may prescribe the drug or drugs necessary to compound a lethal injection. Notwithstanding any law to the contrary, a person authorized by state law to prepare, compound, or dispense medication and designated by the Department of Corrections may prepare, compound, or dispense a lethal injection. For purposes of this section, prescription, preparation, compounding, dispensing, and administration of a lethal injection shall not constitute the practice of medicine, nursing, or pharmacy. Notwithstanding any law to the contrary, a person designated by the Department of Corrections to participate in an execution in any capacity shall be exempt from criminal liability for necessary actions taken to carry out the execution.
(g) The policies and procedures of the Department of Corrections for execution of persons sentenced to death shall be exempt from the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(h) No sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the Constitution of Alabama of 1901, or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.
(i) An election for a choice of a method of execution made by a convict shall at no time supersede the means of execution available to the Department of Corrections.
(j) Nothing contained in this section is intended to require any physician, nurse, pharmacist, or employee of the Department of Corrections or any other person to assist in any aspect of an execution which is contrary to the person’s moral or ethical beliefs.
(Act 2002-492, p. 1243, §1; Act 2018-353, §1.)
(a) The following persons may be present at an execution and none other:
(1) The executioner and any persons necessary to assist in conducting the execution.
(2) The Commissioner of Corrections or his or her representative.
(3) Two physicians, including the prison physician.
(4) The spiritual advisor of the condemned.
(5) The chaplain of Holman Prison.
(6) Such newspaper reporters as may be admitted by the warden.
(7) Any of the relatives or friends of the condemned person that he or she may request, not exceeding six in number.
(8) The immediate family of the victim, over the age of 19, not exceeding eight in number and apportioned equally among the victim’s immediate family members. If there are fewer than eight total immediate family members of the victim, additional non-immediate family members of the victim, over the age of 19, not to exceed eight total immediate and non-immediate family members.
(9) If there are fewer than eight total family members of the deceased victim under subdivision (8), additional immediate family members of a victim, for whose death the inmate is not sentenced to death.
(b) No convict shall be permitted by the prison authorities to witness the execution.
(Acts 1923, No. 587, p. 759; Code 1923, §5315; Code 1940, T. 15, §349; Acts 1971, No. 2360, p. 3792; Acts 1996, No. 96-670, p. 1134, §1; Act 2009-511, p. 958, §1; Act 2019-188, §1.)
(a) If a condemned person escapes after sentence and before his delivery to the warden from Holman prison and is not rearrested until after the time fixed for execution, any person may arrest and commit him to the jail of the county in which he was sentenced. Thereupon, the court by whom the condemned was sentenced, on notice of such arrest being given by the sheriff, shall again appoint a time for the execution, not less than 30 days from such appointment, which appointment shall be by the clerk of said court immediately certified to the warden of Holman prison. Such clerk shall place such certificate in the hands of the sheriff, who shall deliver the same, together with the warrant for execution and the condemned person to the warden, who shall receipt the sheriff for the same and proceed at the appointed time to carry the sentence of death into execution as hereinabove provided.
(b) If a condemned person escapes after his delivery to the warden and is not retaken before the time appointed for his execution, any person may arrest and commit him to Holman prison, whereupon the warden shall certify the fact of his escape and recapture to the court in which sentence was passed. The court shall again appoint a time for the execution, which shall be not less than 30 days from the date of such appointment. Thereupon, the clerk of such court shall certify such appointment to the warden, who shall proceed at the time so appointed to execute the condemned as hereinabove provided.
(Acts 1923, No. 587, p. 759; Code 1923, §§5316, 5317; Code 1940, T. 15, §§350, 351; Acts 1971, No. 2360, p. 3792.)
(a) When execution of sentence is suspended or respited to another date, the same shall be noted on the warrant for execution, and on the arrival of such date the warden shall proceed with such execution, but if the condemned person should be pardoned or his sentence commuted by the Governor, no execution shall be had; and, in such case, as well as when the sentence is executed, the warden shall return the warrant and certificate with a statement of any such act and with his proceedings endorsed thereon, together with the statement, where appropriate, that the body of the convict was decently buried or delivered to his relatives or friends, naming them, or to some other person by consent of the convict, naming such person and naming two or more witnesses to the fact that the convict consented that his body might be delivered to such person to the clerk of the court in which sentence was passed, who shall record said warrant and return in the minutes of the court.
(b) The state shall pay transportation charges of the body back to the home of the condemned person when his or her family or friends cannot pay such expenses, this fact to be determined by the Commissioner of Corrections.
(Acts 1923, No. 587, p. 759; Code 1923, §5318; Code 1940, T. 15, §352.)
(a) If there is reason to believe that a female convict is pregnant, the sheriff must, with the concurrence of a judge of the circuit court, summon a jury of six disinterested persons, as many of whom must be physicians as practicable. The sheriff must also give notice to the district attorney or, in his absence, to any attorney who may be appointed by a circuit judge to represent the state and who has authority to issue subpoenas for witnesses.
(b) The jury, under the direction of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy and must state their conclusion in writing, signed by them and the sheriff. If such jury is of opinion, and so find, that the convict is with child, the sheriff or officer acting in his place must suspend the execution of the sentence and transmit the finding of the jury to the Governor.
(c) Whenever the Governor is satisfied that such convict is no longer with child, he must issue his warrant to the sheriff appointing a day for her to be executed according to her sentence, and the sheriff or other officer must execute the sentence of the law on the day so appointed.
(Code 1852, §§374-377; Code 1867, §§3922-3925; Code 1876, §§4620-4623; Code 1886, §§4670-4673; Code 1896, §§5435-5438; Code 1907, §§7644-7647; Code 1923, §§5300-5303; Code 1940, T. 15, §§353-356.)
When any defendant is convicted and sentenced to death or to imprisonment in the penitentiary, the presiding judge, if he is of the opinion that such defendant should be pardoned, may postpone the execution of the sentence for such time as may appear necessary to obtain the action of the Governor on an application for commutation of the death sentence and action of the Board of Pardons and Paroles on an application for pardon.
(Code 1852, §775; Code 1867, §4326; Code 1876, §5003; Code 1886, §4525; Code 1896, §5452; Code 1907, §7653; Code 1923, §5321; Code 1940, T. 15, §357.)
The short title of this article is “The Inmate Community Reintegration Under SIR Act.”
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §1.)
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Corrections.
(2) COMMISSIONER. The Commissioner of the Department of Corrections
(3) STATE CORRECTIONAL INSTITUTION. Any correctional institution under the jurisdiction of the department.
(4) INMATE. A person who has served at least 90 days in any jail or penal facility, 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 department.
(5) PROGRAM. Supervised Intensive Restitution (SIR) program.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §2; Acts 1990, No. 90-555, p. 945.)
In order to provide for the individual supervision and placement of an inmate in the community to obtain employment and place of residence in order to aid in the reintegration of the inmate into society, the department 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 a state correctional institution and reside in the community under the intensive supervision of a correctional officer in the community.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §3.)
The department may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of the limits of confinement. However, no inmate who has ever been convicted of murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, selling or trafficking in controlled substances, robbery in the first degree, burglary in the first degree, sexual abuse in the first degree or assault in the first degree if said assault leaves the victim permanently disfigured or disabled, shall be eligible for such inmate community reintegration under the Supervised Intensive Restitution program.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §4; Acts 1984, 2nd Ex. Sess., No. 85-43, p. 67.)
Employees of the department are authorized to make investigations and recommendations concerning the suitability of certain inmates for the program and otherwise to assist the commissioner in the implementation of the program authorized by this article. Provided, however, before an inmate can come under the SIR program, the sentencing judge and district attorney shall be given 10 days’ written notice. Provided, however, before an inmate can come under the SIR program, the victim who has received physical injury or bodily harm as a result of the crime for which the inmate was incarcerated shall receive notice in the form of a letter from the district attorney or prosecuting attorney at the last known address, one week prior to the inmate going on the SIR program. Provided, further, the district attorney or prosecuting attorney involved in prosecution of said inmate shall receive written notice from the Department of Corrections in the form of a certified letter two weeks prior to the inmate going on the SIR program.
If the victim has received physical injury or bodily harm as a result of the offense, the district attorney or his assistant may represent the victim in communicating his or her objections to the Commissioner of the Department of Corrections.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §5.)
When an inmate is placed in the Supervised Intensive Restitution program, and has been ordered by a court of this state to make restitution to his victim, it shall be made a condition of his participation in the program that he make restitution payments to the victim until the restitution is paid in full. Where restitution to the victim has not been ordered by a court of this state as part of an inmate’s sentence, the commissioner may require, as a condition of the inmate’s participation in the program, that the inmate agree to an amount of restitution to be paid to the victim through the circuit clerk of the county where the crime was committed which amount shall be set by the commissioner. Any funds not paid out or which are unclaimed after 12 months shall be transferred by the circuit clerk having custody thereof to the State General Fund. The supervising correctional officer will see that a schedule of payment of restitution is established and continued until paid in full.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §6.)
Each inmate participating in the program shall participate in a 40-hour workweek of paid private employment, public service work program, or a combination of both.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §7.)
The department is authorized to charge each inmate participating in the program a weekly amount for supervision costs, which shall not exceed 25 percent of the adjusted gross weekly income of the inmate. Such sums shall be retained by the department and placed in a fund in the State Treasury to defray the expense of administering this program and is hereby appropriated therefor.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §8.)
No inmate granted privileges under the provisions of this article shall be deemed to be an agent, employee, or involuntary servant of the department while involved in the free community or while going to and from employment or other specified areas.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §9.)
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 administration and suggestions as deemed advisable.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §10.)
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 1983, 3rd Ex. Sess., No. 83-838, p. 62, §11.)
The willful failure of an inmate to remain within the extended limits of the inmate’s confinement, or to willfully return within the time prescribed to the place of confinement designated by the commissioner or his agent, shall be deemed as an escape from the custody of a penal facility and shall be punishable as prescribed by law.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §12.)
The Supervised Intensive Restitution (SIR) program is hereby exempted from the Administrative Procedure Act.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §13.)
The provisions of this article, and the activities herein authorized, shall be subject to the review and recommendations of an oversight committee which shall be composed of the Chief Examiner of Public Accounts, the State Finance Director, and the chairman of the permanent legislative committee on the Board of Corrections management and performance evaluation as created by Act No. 76-84 of the Legislature of Alabama, as amended, which said committee shall continue and function for so long as the provisions of this article are in effect.
(Acts 1983, 3rd Ex. Sess., No. 83-838, p. 62, §14.)
This article shall be known as and may be cited as “The Alabama Restitution Withholding Act.”
(Acts 1984, No. 84-370, p. 859, §1.)
The Legislature hereby finds, determines and declares that the right of crime victims to restitution is and ought to be intimately affected with the public interest.
The Legislature further hereby finds, determines, and declares that convicted criminals should be required to fully compensate the victims of their unlawful activity, and to that end, our judicial system should be empowered to strictly enforce judicial decrees or orders which require convicted criminals to pay restitution.
The Legislature further finds, determines, and declares that among such judicial powers should be the power of a court to order the withholding of a convicted criminal’s income, or the attachment of such criminal’s assets or a portion thereof for the purpose of satisfying such restitution orders.
Further, the Legislature finds, determines, and declares that the strict enforcement of restitution orders will and ought to serve as a real and meaningful deterrent to crime.
The provisions of this article are to be construed so as to accomplish these purposes and to promote the same which is hereby declared to be the public policy of this state.
(Acts 1984, No. 84-370, p. 859, §2.)
Unless the context clearly requires otherwise or unless different meanings are expressly specified in subsequent provisions of this article, wherever used in this article, in the singular or plural case, the following terms shall mean:
(1) PERSON.
a. A human being.
b. A public or private corporation, an unincorporated association, a partnership, or other entity established by law.
c. A government or governmental instrumentality, including, but not limited to the State of Alabama or any political subdivision thereof.
(2) RESTITUTION. An amount of money ordered by a court to be paid to a clerk or other person by a defendant for the use and benefit of a victim of the defendant’s criminal offense.
(3) DEFENDANT. A person, as defined, who has been ordered by a court to pay restitution.
(4) CRIMINAL OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(5) EMPLOYMENT INCOME. Wages, salary, tips, commissions, bonuses, any and all money due or payable to which a defendant is or may be entitled based upon remuneration for employment, past, present or future, less deductions therefrom required to be withheld by law.
(6) OTHER INCOME.
a. Any money or any negotiable instruments or any portion thereof to which a defendant is or may be entitled from the sale, transfer, conveyance, or assignment of any real or personal property or other thing of value.
b. Any money or any negotiable instrument or any portion thereof to which the defendant is or may be entitled, directly or indirectly, as a result of profits, fees, rents, refunds, rebates, commissions, gifts, bequests, devises, annuities, dividends, royalties, money or property on deposit or in escrow or trust, interest, accounts receivable, choses in action or other transactions.
(7) ASSETS. Any money, legal tender, real or personal property or other thing of value to which the defendant is or may be entitled less and except any exemption established by law for a person other than a defendant.
(8) EMPLOYER. A person who owes or will owe any wages, salary, tips, commissions, bonuses, or money to defendant as remuneration for employment, past, present, or future, after deducting any amounts required to be withheld by law.
(9) COURT. Any circuit or district court of this state.
(10) CLERK OF THE COURT or CLERK. Any circuit court clerk, circuit court register, district court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court’s clerical duties, including the receipt and disbursement of restitution payments, or another person, other than the victim, designated by the court to receive or distribute the payment of restitution.
(11) VICTIM. A person designated by a court in a restitution order to receive restitution.
(Acts 1984, No. 84-370, p. 859, §3.)
(a)(1) Any provision of Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition to any other remedy which is or may be hereafter provided by law for the enforcement or collection of a restitution order, any original decree, judgment or order issued by any court for the payment of restitution may, on motion of the victim, district attorney, probation or parole officer, or the court, include an order directing any employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due the defendant at each pay period, an amount ordered to be paid as restitution.
(2) Such order shall recite the amount of the restitution obligation and shall require the employer to withhold a definite amount from such income due or becoming due at each pay period and pay such amount to the clerk of the court. Provided, if the restitution is ordered to be paid monthly and the defendant’s pay periods are at more frequent intervals, the order shall require that the employer shall withhold, at each pay period an amount cumulatively sufficient to equal the total monthly restitution obligation and pay over to the clerk of the court, once each month, the total monthly restitution obligation.
(3) The order shall also recite a duty of the defendant and the employer to notify the court of any change in employment of the defendant as provided in this article.
(b)(1) Any provision of Section 8-5-21, or any other law of this state to the contrary notwithstanding, and in addition to any other remedy which is or may be hereafter provided by law for the enforcement of a restitution order a court may, on its own motion or upon the filing of a petition by the victim, district attorney or probation or parole officer, and a finding that previously ordered restitution payments are delinquent, issue an order directing any employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due to the defendant at each pay period, an amount the court finds necessary to comply with the original order of restitution plus an amount reasonably sufficient to satisfy any accumulated arrearage.
(2) Provided, that the defendant shall be:
a. Served with a copy of the petition;
b. Afforded such cause as he would be entitled in a probation revocation hearing; and
c. Afforded an opportunity to be heard at a hearing set on the merits of the petition.
(3) Upon the filing of a written agreement and waiver, the defendant may waive any of the rights provided herein and the court may enter the order provided in this section without the necessity of a hearing.
(4) An order entered pursuant to this section shall recite the amount required to be withheld as restitution at each pay period and, if so ordered, the total amount of all accumulated arrearages and the amount required to be withheld at each pay period in order to satisfy the arrearage. The order shall require withholding from such income due or becoming due the defendant at each pay period and payment to the clerk of the court, of the amounts ordered pursuant to this section. If the defendant’s restitution obligation is required to be paid on a monthly basis and his or her pay periods are at more frequent intervals, the order shall require that the employer shall withhold, at each pay period, amounts cumulatively sufficient to equal the total monthly arrearage due, if ordered, and the total monthly restitution obligation and pay over to the clerk of the court, once each month, the total amount of any court ordered arrearage and restitution.
(5) A defendant who is the subject of an employment income withholding order and any employer upon whom such order is served shall promptly notify the court or the clerk of the court as to any layoff, suspension, discharge, or resignation of such defendant or other change of employment including the name and address, if known, of any new or successor employer.
(6) Upon notice that such defendant is employed at a new or different place of employment the clerk of the court shall cause a copy of such employment income withholding order to be served upon such new or different employer.
(7) An employer shall not discharge an employee or a person solely because of any court order or other process issued pursuant to the provisions of this article. Any employer who violates this section may be deemed to be in contempt of court and may be compelled by the court to reinstate such employee.
(Acts 1984, No. 84-370, p. 859, §4.)
(a) Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be hereafter provided by law for the enforcement or collection of a restitution order, any decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant’s restitution obligation. If the prison authority reasonably believes that the defendant’s outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant’s outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.
(b) The Alabama Department of Corrections may promulgate reasonable rules to effectuate the intent of this section.
(Acts 1984, No. 84-370, p. 859, §5; Act 2009-632, p. 1937, §1.)
Any order issued pursuant to the provisions of this article shall be a continuing order and shall remain in effect and be binding upon the person on whom a copy is served until or unless further orders of the court are issued and served.
(Acts 1984, No. 84-370, p. 859, §6.)
(a) A copy of any order issued pursuant to the provisions of this article shall be served by the clerk of the court wherein such order was issued or by another person designated by such court.
(b) A copy of any order issued pursuant to the provisions of this article may be served by certified mail, return receipt requested. When served by certified mail, return receipt requested, the actual cost thereof shall be taxed or assessed against the defendant at the time such order is issued.
(Acts 1984, No. 84-370, p. 859, §7.)
When any court order issued pursuant to the provisions of this article requires any employment income, other income or any asset or portion thereof to be withheld, or attached and paid over, conveyed, assigned, delivered or otherwise transferred to the clerk of the court, it shall be the duty and responsibility of such clerk to receive such income or asset and convey, assign, transfer, or disburse the same to the victim in accordance with the defendant’s restitution obligation as the court issuing such order may direct.
(Acts 1984, No. 84-370, p. 859, §8.)
Any person who willfully refuses to comply with any court order issued pursuant to the provisions of this article directing such person to withhold, deliver, or pay over any employment income, or other income or to convey, assign, transfer, deliver, or disburse any other income or asset may be deemed in contempt of court and may be held liable to the victim for any restitution lost.
(Acts 1984, No. 84-370, p. 859, §9.)
Any person who complies with any order or other process issued pursuant to the provisions of this article shall not in any way be held liable to the defendant or other person claiming any rights derived from the defendant for wrongful withholding or wrongful conversion of any asset or income.
(Acts 1984, No. 84-370, p. 859, §10.)
Any order issued pursuant to the provisions of this article directing any person to withhold, convey, assign, transfer, deliver, disburse or pay over any employment income, other income, or asset or requiring the attachment thereof, shall have priority over any writ or notice of garnishment or process or writ of attachment subsequently served on such person; provided, however, an employment income withholding order issued pursuant to this article shall not have priority over any employment income withholding order or notice of garnishment for the support of a defendant’s dependent children; and provided further, that any court order for employment income withholding issued pursuant to this article may exceed the maximum amounts which is or may be hereafter prescribed by law for garnishment proceeding in Alabama.
(Acts 1984, No. 84-370, p. 859, §11.)
Any court order issued pursuant to the provisions of this article may be altered, modified or rescinded upon the filing of a petition by the defendant, district attorney, or the victim for good and sufficient cause shown by a preponderance of the evidence.
(Acts 1984, No. 84-370, p. 859, §12.)
This article shall be known as the “Alabama Community Punishment and Corrections Act.”
(Acts 1991, No. 91-441, p. 795, §1; Act 2003-353, p. 930, §1.)
As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires:
(1) APPLICATION PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and the monitoring, evaluation, and review of programs funded herein.
(2) BOARD. The board of directors of the authority or the board of directors of a nonprofit entity.
(3) COMMISSIONER. The Commissioner of the Department of Corrections.
(4) COMMUNITY. The county or counties comprising one or more judicial circuits.
(5) COMMUNITY PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions of this article.
(6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as an alternative to incarceration and maintained by a county commission or an authority or nonprofit entity for the purpose of punishing and for correcting a person convicted of a felony or misdemeanor or adjudicated a youthful offender and which may be imposed as part of a sanction, including, but not limited to confinement, work release, day reporting, home detention, restitution programs, community service, education and intervention programs, and substance abuse programs.
(7) COMMUNITY PUNISHMENT AND CORRECTIONS PLAN. A document prepared by the county commission or an authority, or nonprofit entity, and submitted to the Department of Corrections in accordance with the requirements set forth in the application process and procedure, which identifies proposed community-based programs to be implemented within the county in accordance with the terms of this article and justifies the funding of such programs with regard to local need and community support.
(8) COUNTY COMMISSION CHAIRPERSON. The chair of the county commission or his or her representative.
(9) COUNTY INMATE. A person convicted of a misdemeanor.
(10) COURT. The trial judge exercising sentencing jurisdiction over an eligible offender under this article and includes any successor of the trial judge.
(11) DEPARTMENT. The Department of Corrections.
(12) DIVISION. The Community Corrections Division of the department.
(13) ELIGIBLE. A person who has committed an offense not excluded by subdivision (14) and who meets the criteria of Section 15-18-175.
(14) EXCLUDED FELONY OFFENDERS. One who is convicted of any of the following felony offenses: Murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, trafficking in controlled substances, robbery in the first degree, burglary in the first degree, manslaughter, sexual abuse in the first degree, forcible sex crimes, sex offenses involving a child as defined in Section 15-20A-4, or assault in the first degree if the assault leaves the victim permanently disfigured or disabled.
(15) GOVERNING BODY. With respect to a county, its county commission or other like governing body exercising the legislative functions of a county.
(16) INCORPORATORS. The persons forming a public corporation pursuant to this article.
(17) NONPROFIT ENTITY. Any not-for-profit organization, agency, or other entity other than a community punishment and corrections authority that provides treatment, guidance, training, or other rehabilitation services to individuals, families, or groups in such areas as health, education, vocational training, special education, social services, psychological counseling, and alcohol and drug treatment.
(18) PLAN. The community punishment and corrections plan defined in subdivision (7).
(19) RECIPIENT. Any entity receiving directly or indirectly any financial grant or contractual remuneration under this article.
(20) RENOVATION. The repair, remodeling, alteration, or expansion of existing buildings or structures to make them habitable or suitable for community punishment and corrections program operations, and includes the acquisition and installation of necessary equipment.
(21) RESTITUTION. Payment to the victim who has suffered financial losses as a result of a crime. Restitution shall include, but not be limited to, payment in cash or in kind for the value of stolen or damaged property; for medical expenses due to physical, emotional, or psychological trauma; wages lost as a result of time absent from work; and value of property lost or transferred through theft or exercise of control by deception or fraud.
(22) STATE INMATE. A person convicted of a felony.
(23) USER FEES. Fees assessed against an offender under a community punishment and corrections program to help defray the costs of such programs.
(24) VICTIM SERVICE OFFICER. A person employed to directly assist crime victims and their families with court attendance, restitution, compensation, property return, victim impact statements, and other needs expressed.
(25) YOUTHFUL OFFENDER. A person adjudicated as a youthful offender.
(Acts 1991, No. 91-441, p. 795, §2; Act 2003-353, p. 930, §1; Act 2010-734, p. 1846, §1; Act 2015-185, §3.)
The Community Corrections Division is created in the Department of Corrections. The division shall be responsible for implementing and administering this article and any provisions of law relating to the operation and management of a community-based sentencing program. The division shall employ an executive management staff consisting of a director and such other necessary employees for which funds are available. The director of the division and staff shall be Merit System employees of the state and the director shall report directly to the Commissioner of the Department of Corrections.
(Act 2003-353, p. 930, §2.)
(a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody of the county. The program shall be established by a county by resolution adopted by the county commission or by community punishment and corrections authorities or other nonprofit entities as provided herein. The program shall establish the maximum number of offenders who may participate in the program and participation shall be limited to space availability. No offenders may be sentenced or assigned to the program in excess of the maximum number established for the program. No county is obligated to fund any activities of a community corrections program established under this article without an affirmative vote of the affected county commission.
(b) The department may contract with such counties, authorities, or other nonprofit entities as provided herein concerning start-up costs and the costs of maintenance, including medical expenses, of state inmates participating in any program authorized under this article or under any county program functioning pursuant to any state or local act.
(c) The department shall promulgate rules and regulations pursuant to the Alabama Administrative Procedure Act establishing conditions for state inmates’ participation in the community punishment and corrections program, the observance of which may be a condition to such participation.
(d) A state inmate incarcerated in a state facility may be approved by the department for participation in a community punishment and corrections program established under this article and be assigned to a program in the county from which the inmate was sentenced if a community punishment and corrections program under this article has been established in that county and if the sentencing judge of the county authorizes the inmate to participate in the program. An inmate may be assigned to a community punishment and corrections program in another county if the presiding judge of the other county and the sentencing judge agree to the assignment and if the county has agreed in the contract to accept inmates originally sentenced in other counties. In the event the sentencing judge is unavailable due to death, retirement, or any other reason, the presiding judge from the sentencing circuit shall act in the sentencing judge’s stead. An inmate assigned to a community punishment and corrections program pursuant to this article shall not be eligible for parole consideration.
(e) The department shall annually identify alternatives to community punishment and corrections programs for those counties which have not established a community punishment and corrections program under this article. The department shall publish a list of such alternatives on its website and shall provide a list of such alternatives to each district and circuit court annually. The department shall include a list of referral services available for veterans and servicemen, and, when available and appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as an alternative.
(Acts 1991, No. 91-441, p. 795, §3; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
The goals of the community punishment and corrections act are:
(1) To promote accountability of offenders to their local community by requiring direct financial restitution to be made to victims of crime and that community service be made to local governments and community agencies representing the community;
(2) To provide a safe, cost-efficient, community punishment and correctional program which provides punishments through the development of a range of sanctions and community services available for the judge at sentencing;
(3) To reduce the number of offenders committed to correctional institutions and jails by punishing such offenders in alternative punishment settings;
(4) To provide opportunities for offenders demonstrating special needs to receive services that enhance their abilities to provide for their families and become contributing members of their community; and
(5) To encourage the involvement of local officials and leading citizens in their local punishment and correctional system.
(Acts 1991, No. 91-441, p. 795, §4.)
In addition to those otherwise provided by law, the department shall have the following powers, duties, and authority:
(1) Monitor the community punishment and corrections program within the goals and mandates established herein.
(2) Conduct statewide public education programs concerning the purposes and goals as established herein and make an annual report to the Prison Oversight Committee of the Legislature and the Alabama Sentencing Commission regarding the effectiveness of diversion of offenders from state and local correctional institutions. This annual report should also include data showing the impact of diversion of offenders by race, gender, and location of the offender.
(3) Provide technical assistance to local governments, authorities and other nonprofit entities and agencies, and local community punishment and corrections advisory boards regarding development of a community punishment and corrections program.
(4) Develop minimum standards, policies, and administrative rules for the statewide implementation of this article.
(5) Develop and implement by rule an application process and procedure.
(6) Review community punishment and corrections plans and award contracts or grants.
(7) Conduct an audit and annual program evaluation of programs receiving contracts or grants to ensure program accountability.
(8) Require community punishment and corrections plans and programs to incorporate uniform statewide evidence-based practices as defined in Section 12-25-32, subject to available resources, when supervising, treating, or providing for the treatment of offenders.
(9) Provide training for community punishment and corrections programs and employees relating to offender supervision and the utilization of evidence-based practices as defined in Section 12-25-32 in the supervision and treatment of offenders.
(10) Require community punishment and corrections programs to provide particular treatment and supervision based on the offender’s risk of reoffending through use of a validated risk and needs assessment, as defined in Section 12-25-32, conducted by the program and, to the extent practicable, to prioritize treatment and supervision resources, as well as behavioral health assessment and treatment referral services, on those offenders who have the highest risk of reoffending as determined by a validated risk and needs assessment. The department shall utilize services available for veterans and servicemen and shall annually collaborate with the Department of Veterans Affairs to confirm behavioral and treatment services that are appropriate for referral.
(Acts 1991, No. 91-441, p. 795, §5; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
(a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article:
(1) Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correctional institution.
(2) Persons who are convicted of misdemeanors.
(b) The following offenders are excluded from consideration for punishment in the community:
(1) Persons who are convicted of offenses as listed in subdivision (14) of Section 15-18-171.
(2) Persons who demonstrate a pattern of violent behavior. In reaching this determination, the court may consider prior convictions and other acts not resulting in conviction or criminal charges, and the offender’s behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines for the benefit of the court in making a determination of eligibility of offenders and assessment of funds under this article.
(d)(1) Except as provided in subsection (a) of Section 15-18-172, the court may sentence an eligible offender as defined in this section directly to any appropriate community-based alternative provided, either as a part of or in conjunction with a split sentence as provided for in Section 15-18-8, or otherwise as an alternative to prison; or as a condition for a defendant to meet in conjunction with probation; and under such additional terms and conditions as the court may prescribe. Notwithstanding the foregoing, a defendant may only be sentenced to participate in community punishment and corrections programs when adequate space and staff are available. No program shall be required to operate beyond its staffing and design capabilities as provided in Section 15-18-172.
(2) In sentencing an eligible offender to any community-based alternative to incarceration, the court shall possess the authority to set the duration of the sentence for the offense committed to any period of time up to the maximum sentence within the appropriate sentence range for the particular offense. A court may not sentence an eligible offender to any community punishment and corrections program if the sentencing would cause the offender participation level to exceed the maximum participation level established for that program in its community punishment and corrections plan as provided in Section 15-18-172.
(3) After a hearing on the violation, the court may alter the sentence imposed for a violation of the conditions imposed by the court, as follows:
a. If the defendant violates a condition of the sentence at any time prior to the expiration or termination of the term of the sentence, the court may implement one or more of the following options:
Continue the offender on the existing sentence.
Issue a formal or informal warning to the offender that further violations may result in revocation of the sentence.
Conduct a formal or informal warning to reemphasize the necessity of compliance with the conditions of the sentence.
Modify the conditions of serving the sentence, possibly including the inclusion of short periods of confinement in local facilities for time for which supervision of sentence was formerly given.
Revoke the sentence as listed in paragraph b. below.
In lieu of a formal hearing, the court may issue a standing court order authorizing program administrators to impose the disciplinary sanctions listed in subparagraphs 1., 2., and 3. or any preapproved sanction that does not include a period of confinement. All instances of noncompliance and disciplinary actions shall be immediately reported to the court.
b. A revocation hearing shall be conducted before the court prior to revocation of the community corrections sentence. The court shall apply the same due process safeguards as a probation revocation proceeding and may modify or revoke the community punishment sentence and impose the sentence that was suspended at the original hearing or any lesser sentence, including any option listed in subdivision (1) of subsection (d).
c. If revocation results in a sentence of confinement, credit shall be given for all time spent in custody prior to revocation. Full credit shall be awarded for full-time confinement in facilities such as city or county jails, state prisons, and boot camps.
d. The court shall not revoke the sentence and order the confinement to prison of the offender unless the court finds, on the basis of the original offense and the offender’s intervening conduct, that either of the following apply:
No measure short of confinement will adequately protect the community from further criminal activity by the offender.
No measure short of confinement will avoid depreciating the seriousness of the violation.
e. The willful failure of an inmate to remain within the extended limits of his or her 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.
f. The victim will be notified in accordance with procedures established in the community punishment and corrections plan prior to sentencing under this article.
g. Restitution, when appropriate, shall be ordered by the court as a condition for a community-based sentence under this article in addition to any mandatory victim assessment fees.
Nothing herein shall prevent a court from sentencing an eligible defendant to community-based punishment in conjunction with a suspended sentence confinement pursuant to the split sentences or probation.
The State of Alabama and any county or municipality may become employers of community punishment and corrections inmates under this article, and as such, may employ inmates to perform any state or county or municipal job available, including, but not limited to, road or bridge work, garbage collection, and public grounds maintenance. Inmates so employed shall not be eligible to participate in group health, accident, and life insurance programs, or retirement programs provided regular state or county or municipal employees. Worker’s compensation benefits may be provided the inmates at the discretion of the state or employing county or municipality.
Inmates employed under this section shall be paid at least the federally established minimum wage.
Counties may utilize inmates or others required by a court of competent jurisdiction to perform community service in county work, including, but not limited to, removal of debris or trash from roads and rights-of-way, road or bridge work, garbage collection, and public grounds maintenance.
State and county inmates performing community service shall not be entitled to any compensation.
(Acts 1991, No. 91-441, p. 795, §6; Act 2003-353, p. 930, §1.)
(a) If a defendant serving a sentence in a community punishment and corrections program is subsequently convicted in another case and sentenced to imprisonment and confinement in the Alabama Department of Corrections, the defendant shall be immediately removed from the supervision of the community punishment and corrections program and confined in the Alabama Department of Corrections until such time that the subsequent sentence of confinement is completed.
(b) During the sentence of confinement, the community punishment and corrections sentence shall be tolled, and nothing prevents reinstatement in the community punishment and corrections program unless the court orders otherwise or the defendant becomes ineligible pursuant to the statute.
(Act 2026-403, §2.)
(a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the proposed program. The community punishment and corrections plan shall have the approval of the county commission in the affected counties prior to submission to the department. Any plan shall specifically state the maximum number of inmates eligible to participate in the program.
(b) The format for any community punishment and corrections plan shall be specified by the division in its application process and procedures. Funding and grant evaluation criteria shall be outlined in the application process and procedures to be developed by the division in order that each applicant may know the basis upon which funds will be granted. The department shall adopt rules pursuant to the Administrative Procedure Act outlining the application process and procedures.
(c) The application process and procedures should include a performance-based reimbursement funding plan, developed by the department, for funding community punishment and corrections plans that utilize evidence-based practices as defined in Section 12-25-32 in the treatment and supervision of community punishment and corrections program participants and that meet specified treatment and supervision targets as outlined in the application. The performance-based reimbursement plan outlined in the application process and procedures should also include higher reimbursement rates for community punishment and corrections plans that include behavioral health assessment and treatment referral, to include behavioral and substance abuse treatment, for community punishment and corrections program participants, as well as for local probationers and parolees under the supervision of the Board of Pardons and Paroles. The Department of Corrections, along with the Board of Pardons and Paroles, the Department of Veterans Affairs, the Department of Public Health, and the Department of Mental Health, shall collaborate with the Office of the Governor to implement the provisions of this subsection relating to behavioral health treatment and substance abuse treatment services. The Office of the Governor shall ensure that treatment services that receive funding from the state or through court-ordered monies utilize such funding and monies for programs reasonably expected to reduce recidivism among community corrections offenders.
(d) The application process and procedures should include a requirement that each community punishment and corrections plan establish guidelines to ensure that the supervision and treatment of offenders participating in a community punishment and corrections program is, to the extent practicable, individualized based on the offender’s risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, administered by the community punishment and corrections program, and that treatment and supervision resources, as well as behavioral health assessment and treatment referral services, are, within the resources available, prioritized based on those offenders who have the highest risk of reoffending. The plan shall include a list of services available for veterans and, servicemen, and, when appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as a possible alternative for mentoring and supervision.
(e) Participation in the programs set forth in this article is voluntary. Any participating authority, county commission, or other nonprofit entity may notify the director of the division of its intention to withdraw from participation in the community punishment and corrections program contract. The withdrawal will become effective on the last day of the grant year.
(Acts 1991, No. 91-441, p. 795, §7; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
The proposed community punishment and corrections plan may be drafted by an authority established under this article, or in lieu of the establishment of an authority, a county or another qualifying nonprofit entity as described in subsection (b) of Section 15-18-178.
(Acts 1991, No. 91-441, p. 795, §8.)
(a) Any county program or authority formed by one or more counties under this article shall be eligible to apply for direct and continuing financial contracts and grants under the article.
(b) A nonprofit entity other than a community punishment and corrections authority may be eligible under the provisions of this article to receive grants or contracts to carry out the provisions and purposes of this article only in a county that has not established a local community punishment and corrections authority or which does not intend to apply for funding directly. The county commission may elect to endorse the community punishment and corrections plan submitted by the nonprofit entity after the commission has received notice that the nonprofit entity desires to seek a grant to carry out this article and the county does not establish a community punishment and corrections authority or pass a resolution that it will apply for grant funding within 60 days after the notification. In this event, the nonprofit entity shall perform the same duties, obligations, and functions as a community punishment and corrections planning authority together with performing the other corrections functions provided for in this article. Nothing in this article shall prohibit a nonprofit entity from receiving funds indirectly for such a program; however, a nonprofit entity shall have no authority to obligate county funds.
(c) Nothing in this article shall prevent an entity eligible for funding under this article to utilize common facilities or personnel and to share other overhead costs with county correctional or work release programs.
(Acts 1991, No. 91-441, p. 795, §9; Act 2003-353, p. 930, §1.)
(a) A public corporation may be organized as a community punishment and corrections authority pursuant to this article in any county or group of counties located in one or more judicial circuits. In order to incorporate the public corporation, any number of natural persons, not less than three, who are duly qualified electors of a proposed county or counties shall first file a written application with the county commission or any two or more thereof. The application shall contain all of the following:
(1) The names of each county commission with which the application is filed.
(2) A statement that the applicants propose to incorporate an authority pursuant to this article.
(3) The proposed location of the principal office of the authority.
(4) A statement that each of the applicants is a duly qualified elector of the county, or if there is more than one, at least one thereof.
(5) A request that the governing body of the determining subdivision adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed, approving its certificate of incorporation, and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with this article. Every application shall be accompanied by a form of certification of incorporation of the proposed authority and by any other supporting documents or evidence as the applicants may consider appropriate.
As promptly as may be practicable after the filing of the application with the county commission in accordance with this section, the county commission with which the application was filed shall review the contents of the application, and the accompanying form of certificate of incorporation. The county commission shall thereafter adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed, and that a community punishment and corrections program be established in such jurisdiction, approving the form of its certificate of incorporation, and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with this article. While it shall not be necessary that the resolution be published in a newspaper or posted, each governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.
(b) Within 40 days following the adoption of an authorizing resolution, or if there is more than one, the last adopted thereof, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the county in which the principal office of the authority is to be located, a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner as provided in this article and as approved by the governing body of each determining subdivision.
(c) The certificate of incorporation of the authority shall state all of the following:
(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the county, or if there is more than one, at least one thereof.
(2) The name of the authority, which may be a name indicating in a general way the area proposed to be served by the authority and shall include the words “____ Community Punishment and Corrections Authority,” or “The Community Punishment and Corrections Authority of _____,” the blank spaces to be filled in with the name of one or more of the counties or other geographically descriptive word or words, such descriptive word or words not, however, to preclude the authority from exercising its powers in other geographical areas unless the Secretary of State shall determine that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty, in which case the incorporators may insert additional identifying words so as to eliminate duplication or similarity.
(3) The period for duration of the authority; if the duration is to be perpetual, subject to subsection (g), that fact shall be stated.
(4) The name of each county together with the date on which the governing body adopted an authorizing resolution.
(5) The location of the principal office of the authority, which shall be within the boundaries of the county, or if more than one, at least one thereof.
(6) That the authority is organized pursuant to this article.
(7) The number of members of the board of directors of the authority, which shall be an odd number not less than five; the duration of their respective terms of office, which shall not be in excess of six years; and subject to the provisions of subsection (e), the manner of their election or appointment.
(8) Any provisions, not inconsistent with subsection (g), relating to the vesting of title to its properties upon its dissolution.
(9) Any other related matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this article or with the laws of the state.
(10) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it:
a. A copy of the application as filed with the county commission or county commissions in accordance with subsection (a).
b. A certified copy of the authorizing resolution adopted by the county commission or county commissions.
c. A certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.
(d) Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
(e) The certificate of incorporation of any authority incorporated under this article may be amended at any time in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and may include any matters which might have been included in the original certificate of incorporation.
After adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chair of the board and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the county commission or county commissions, requesting the county commission or county commissions to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendments to the certificate of incorporation, together with such documents in support of the application as the chair of the board may consider appropriate. As promptly as may be practicable after the filing of the application pursuant to the foregoing provisions of this section, the county commission or county commissions shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. While it shall not be necessary that the resolution be published in a newspaper or posted, the county commission or county commissions with which the application is filed shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the county commission at which final action upon the application is taken. The certificate of incorporation of an authority may be amended only after the filing of an application for amendment and adoption by the county commission of each county of an approving resolution.
Within 40 days following the adoption by the county commission of a resolution approving the proposed amendment, or if there is more than one, the last adopted of the approving resolutions, the chairman of the board of the authority and the secretary of the authority shall sign and file for record in the office of the judge of probate with which the certificate of incorporation of the authority was originally filed, a certificate in the name of and in behalf of the authority, reciting the adoption of the respective resolutions by the board and by the county commission or county commissions and setting forth the proposed amendment. The judge of probate shall thereupon record the certificate in an appropriate book in his or her office. When the certificate has been filed and recorded, the amendment shall become effective, and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of an authority shall be amended except in the manner provided in this section.
(1) Each authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, except the board shall consist of at least five directors who shall be appointed by the county commission or county commissions of the counties involved. Unless provided to the contrary in its certificate of incorporation, all powers of the authority shall be exercised, and the authority shall be governed by the board or pursuant to its authorization. The directors or persons shall serve the terms of office as shall be specified in the certificate of incorporation of the authority. Any county commissioner or other county officer or employee shall be eligible for appointment to the board.
(2) If, at the expiration of any term of office of any director, a successor thereto shall not have been elected or appointed, then the director whose term of office shall have expired shall continue to hold office until a successor shall be so elected or appointed. If at any time there should be a vacancy on the board, whether by death, resignation, incapacity, disqualification, or otherwise, a successor director to serve for the unexpired term applicable to the vacancy shall be elected or appointed by the entity which appointed the member whose absence has created the vacancy. Each election or appointment of a director, whether for a full term or to complete an unexpired term, shall be made not earlier than 30 days prior to the date on which the director is to take office. Any director, irrespective of how elected or appointed, shall be eligible for reelection or reappointment.
(3) Each director shall serve without compensation but may be reimbursed for expenses actually incurred in and about the performance of his or her duties. A majority of the directors shall constitute a quorum for the transaction of business, but any meeting of the board may be adjourned from time to time by a majority of the directors present or may be so adjourned by a single director if the director is the only director present at the meeting. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and perform all the duties of the board. The board shall hold regular meetings at the times as may be provided in the bylaws of the authority. The board may hold other meetings at any time upon providing notice as required by the bylaws of the authority, and, upon call of the chair of the authority or a majority of the total number of directors, shall hold a special meeting. The meetings of the authority shall not be subject to the provisions of Section 13A-14-2, or other similar law.
(f) Every authority shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this article, including, without limiting the generality of the foregoing, the powers granted nonprofit corporations under the Alabama Nonprofit Corporation Act.
(g) A board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Notwithstanding the foregoing, an authority may not dissolve if there are any offenders participating in a community punishment and corrections program under its supervision. Upon filing for record of a certified copy of the resolution in the office of the judge of probate with which the authority’s certificate of incorporation is 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 properties shall thereupon pass to the authorizing counties.
(h) Where a group of counties combine and approve the creation of an authority as provided herein, or otherwise establish a community punishment and corrections program, the application for funding to the department shall contain a cooperative agreement indicating the willingness of each county to collaborate on the proposed program and to meet specific objectives. In addition, multi-jurisdictional applications shall provide for appointment of one fiscal agent to coordinate the financial activities of the grant.
(i) Articles 2 and 3 of Chapter 16 of Title 41, or other similar laws, shall not apply to an authority organized under this article, its directors, or any of its officers, agents, or employees in their capacities as such.
(Acts 1991, No. 91-441, p. 795, §10; Act 2003-353, p. 930, §1.)
(a) Community punishment and corrections funds may be used to develop or expand the range of community punishments and services at the local level. Community-based programs should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment and supervision of program participants. The supervision and treatment of each program participant is expected to be based on the participant’s anticipated risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, administered by the program. Supervision and treatment of program participants should include the following:
(1) Use of a validated risk and needs assessment;
(2) Use of assessment results to provide guidance for determining the appropriate level of supervision responses consistent with the levels of supervision and evidence-based practices reasonably anticipated to reduce recidivism; and
(3) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the offender to improve his or her conduct and circumstances so as to reduce the offender’s risk of recidivism.
(b) Community-based programs options may include, but are not limited to, the following:
(1) Community service supervision; victim restitution, community detention and restitution centers; day reporting centers; victim-offender reconciliation programs; home confinement/curfew; electronic surveillance; intensive supervision probation; alcohol/drug outpatient treatment and psychiatric counseling.
(2) Short-term community residential treatment options that involve close supervision in a residential setting may include, but are not limited to, the following options: Detoxification centers; community detention centers for special needs offenders and probation and parole violators; and inpatient drug/alcohol treatment.
(3) Residential in-house drug and alcohol treatment for detoxification and residential and nonresidential drug and alcohol counseling.
(4) Individualized services which provide evaluation and treatment for special needs of the population served under this article. The services may include the purchase of psychological, medical, educational, vocational, drug and alcohol urine screening, and client specific plan diagnostic evaluations. Other services which may be pursued on an individualized basis may include, but shall not be limited to, job training, alcohol and drug counseling, individual and family counseling, educational programs leading to a GED certificate, or transportation subsidies.
(5) Churches or other nonprofit facilities that provide religious-based counseling, education, or other rehabilitative services. Any such facility that receives funding from the state shall be subject to all requirements and provisions of this article. Any such facility that does not receive funding from the state shall be exempt from the requirements and provisions of this article, as well as from the requirements of Chapter 22 of Title 41.
(c) Community punishment and corrections funds may also be used to acquire, renovate, and operate community facilities established to provide the options and services set forth in subsections (a) and (b).
(d) Counties, authorities, and other nonprofit entities receiving funding herein may provide or contract with qualified proprietary, nonprofit, or governmental entities for the provision of services under this article.
(e) Any options or services established under this article may serve offenders from any county.
(f) As a part of a community punishment and corrections plan, user fees may be assessed to help defray the cost of the plan. User fees paid by an offender participating in any option or service established under this article shall not diminish the payment of restitution by the offender to the victim of the crime for which he or she was sentenced and shall not diminish fines, court costs, or other court fees unless expressly reduced or remitted by the court.
(g) In the event a defendant is assigned to a work release or other residential punishment program operated by a community corrections provider authorized under this article, the defendant’s employer shall send the inmate’s wages directly to the community corrections provider responsible for housing the defendant. Of the inmate’s earnings, 25 percent of the gross wages shall be applied to costs incident to the inmate’s confinement, upkeep, and a minimum of an additional 20 percent shall be applied, 10 percent to payment of court costs, fines, court-ordered attorney fees, and other court-ordered fees or assessments, and 10 percent to restitution. The remainder of the inmate’s wages may be credited to an account established for the defendant with the community corrections provider and may be paid out for dependent care, savings, and spending money. Modes of accounting and disbursement of these funds shall be addressed in the community punishment and corrections plan. Upon release from a residential program, any balance remaining in the defendant’s account shall be returned to the defendant, and the defendant shall remain responsible for paying for any court-ordered monies owed. If the defendant remains under community corrections supervision after his or her release from a residential program, the community corrections provider shall verify that the defendant is paying any remaining court-ordered payments owed.
(Acts 1991, No. 91-441, p. 795, §11; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
In addition to facilities utilizing evidence-based practices, a sentencing court may also utilize a faith-based or nonprofit facility that is exempt from Act 2015-185 pursuant to subdivision (5) of subsection (b) of Section 15-18-180 for counseling, education, or other rehabilitation services.
(Act 2015-185, §16.)
(a) Administrative costs connected with the expenditures of community punishment and corrections funds under this article shall not exceed a percentage amount established by the commissioner.
(b) The Chief Examiner of the Department of Examiners of Public Accounts is directed to develop a uniform accounting system conforming to generally accepted accounting principles. Such uniform accounting system shall be subject to the approval of the State Chief Examiner of Public Accounts. Community punishment and corrections programs shall establish and maintain the uniform accounting system.
(c)(1) The annual reports and all records of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts or the Department of Corrections, or both. The audit may be performed by a licensed independent certified public accountant approved by the Chief Examiner of the Department of Public Accounts. The cost of any such audit shall be paid by the contracting entity.
(2) All audits shall be completed as soon as practicable after the end of the fiscal year of the board. One copy of each audit shall be furnished to the board, if established, the Department of Corrections and the Chief Examiner of the Department of Public Accounts. Copies of each audit shall also be made available to the press.
(Acts 1991, No. 91-441, p. 795, §12.)
(a) In order to remain eligible for continued grant funding, a recipient must substantially comply with the requirements of this article and the standards and administrative regulations of the department promulgated pursuant to the Administrative Procedure Act defining program effectiveness. Each recipient will participate in a substantive evaluation to determine local and state program effectiveness. The form of this evaluation will be determined in collaboration with the Office of the Governor. The standards, regulations, and evaluations of the department are public records and shall be made available for inspection and copying upon request.
(b) Continued grant funding shall be based on demonstrated effectiveness in either reducing the number of commitments of eligible offenders to state penal institutions or local jails which would likely have occurred without the programs funded under this article or maintaining and operating the program in accordance with evidence-based practices as defined in Section 12-25-32.
(c) Subject to funding availability, each county, participating authority, or other nonprofit entity is eligible to receive additional incentive funding for extending programs if such programs exceed the objectives of this article and the approved community punishment and corrections plan based upon criteria developed by the division and promulgated under its rules pursuant to the Administrative Procedure Act.
(d) If the director of the division determines that there are reasonable grounds to believe that a participating county, authority, or other nonprofit entity is not complying with its plan, or the minimum standards, the director shall give 30 days’ written notice to the participating entity, as well as to the county commission in the affected county. If the director finds that such a participating entity is not complying with its plan or the minimum standards established in this article, the director shall require the entity to provide a letter of intent as to how and when specific deficiencies identified by the director will be corrected. If no letter is submitted to the director within the time limit specified, or if the deficiencies are not corrected within 45 days after a letter has been submitted to the entity, the director, with the approval of the commissioner and the Office of the Governor, may suspend any part or all of the funding until compliance is achieved.
(Acts 1991, No. 91-441, p. 795, §13; Act 2003-353, p. 930, §1; Act 2015-185, §3.)
The recovery of damages under any judgment or judgments against an authority established under this section shall be limited to one hundred thousand dollars ($100,000) for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or judgments against an authority shall be limited to three hundred thousand dollars ($300,000) in the aggregate where more than two persons have claims or judgments on account of bodily injury or death arising out of any single occurrence. Recovery of damages under any judgment or judgments against an authority shall be limited to one hundred thousand dollars ($100,000) damages or loss of property arising out of any single occurrence. Counties shall be exempt from civil liability for any injury or loss to any person resulting from the operation of a community punishment and corrections program established under this article. This section shall not be construed as limiting any other immunities from civil liability or defenses established under the Constitution of Alabama or any other section of the code or common law, to which counties, authorities, state departments, agencies, courts, or nonprofit entities might be entitled.
(Acts 1991, No. 91-441, p. 795, §14; Act 2003-353, p. 930, §1.)
An authority or nonprofit entity contracting with the department under this article shall maintain appropriate liability insurance in an amount sufficient to insure against loss resulting from bodily injury, death or property damage, subject to the limitations on recovery of damages contained in this article and any other immunities from civil liability or defenses established under the Constitution of Alabama or any other section of the code or common law, to which the entities might be entitled. The insurance may be obtained through any source available to an approving county commission.
(Acts 1991, No. 91-441, p. 795, §15; Act 2010-734, p. 1846, §1.)
In the event a state inmate, as defined in this article, participating in a community punishment and corrections program develops a medical condition which, in the opinion of a physician licensed to practice medicine in this state, would require treatment, the cost for which would exceed $2,000.00, such inmate shall be transferred within three days to the custody of the department and shall receive treatment as other state inmates.
(Acts 1991, No. 91-441, p. 795, §16.)
(a) There is created the State-County Community Corrections Partnership Fund in the State Treasury, which shall consist of all monies paid into the State Treasury to the credit of the fund by legislative appropriation, grant, gift, or otherwise for the development, implementation, and maintenance of community-based punishment programs established or operating pursuant to Act 2003-353. All monies in the fund shall be subject to withdrawal by the Department of Corrections, utilized for the implementation and operation of the community-based punishment programs, and shall be used to award grants to establish or expand community-based punishment programs for eligible felony offenders. The funds shall not be used for the operating costs, construction, or any other costs associated with local jail confinement, or for any purpose other than the development and operation of community-based punishment programs. Revenue appropriated to the division to fund community-based punishment programs shall not revert to the General Fund at the end of the fiscal year, but shall remain in the account for expenditures in the following fiscal year. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriation acts.
(b) The provisions of Act 2003-353 requiring the creation and maintenance of a Community Corrections Division within the Department of Corrections for the purpose of carrying out the responsibilities under Act 2003-353 shall be effective only in those years in which the Legislature provides an annual appropriation in the minimum amount of $5.5 million to the State-County Community Corrections Partnership Fund. In any year in which the appropriation to the fund falls below $5.5 million, the duties and responsibilities of the division or its director may be carried out by employees of the Department of Corrections as determined by the commissioner.
(Act 2003-353, p. 930, §3.)
(a) An individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution of a sentence of death, through written motion to the circuit court that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic acid (DNA) testing on specific evidence, if that evidence was secured in relation to the investigation or prosecution that resulted in the conviction of the applicant, is still available for testing as of the date of the motion, forensic DNA testing was not performed on the case at the time of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate the convicted individual’s factual innocence of the offense convicted. The filing of a motion as provided in this subsection shall not automatically stay an execution.
(b) Upon receipt of a motion for DNA testing, the circuit court shall notify the state and shall afford the state an opportunity to respond to the motion.
(c) After notice to the state and an opportunity to respond, the circuit court may order forensic DNA testing and analysis if the court finds that all of the following apply:
(1) The specific evidence which the petitioner has requested be subject to forensic DNA testing and analysis is still in existence and is in a condition that allows forensic DNA testing and analysis to be conducted which would yield accurate and reliable results.
(2) The evidence was not previously subjected to nuclear forensic DNA testing or was not subjected to another forensic DNA technology, and which may resolve an issue not previously resolved by any prior forensic DNA testing and analysis. The type of forensic DNA testing requested must be generally accepted in the forensic community with the results eligible for inclusion in the National DNA Index System of the Federal Bureau of Investigation (FBI).
(d) Upon receipt of a motion for DNA testing or notice of a motion for DNA testing, the state and the circuit court shall take any steps reasonably necessary to ensure that any remaining biological material in the possession of either the state or the court is preserved pending the completion of proceedings under this section. In the event biological material is not available or that reliable testing is not possible due to the condition or absence of the biological material, the court shall dismiss the application without prejudice.
(e) A motion for DNA testing shall contain all of the following items:
(1) A clear and specific statement of how the requested forensic DNA testing would prove the factual innocence of the petitioner of the offense for which the petitioner was convicted, under penalty of perjury.
(2) A statement of the specific evidence that was secured in relation to the investigation or prosecution that resulted in the conviction of the petitioner to be tested, which shall include a statement that:
a. The evidence, which potentially contains DNA, was obtained in relation to the crime and subsequent indictment, which resulted in the petitioner’s conviction.
b. The evidence was not subjected to DNA testing because the existence of the evidence was unknown to the petitioner or to the petitioner’s trial attorney prior to trial or because the technology for the testing was not available at the time of trial.
c. A description of the evidence to be tested and, if known, its present location, its origin and the date, time, and means of its original collection.
d. The results of any DNA or other biological evidence testing that was conducted in relation to the investigation or prosecution that resulted in the conviction of the petitioner and entered as evidence at trial by either the prosecution or the defense, if known.
e. If known, the names, addresses, and telephone numbers of all persons or entities who are known or believed to have possession of any evidence described by paragraph a. or b., and any persons or entities who have provided any of the information contained in the petitioner’s motion, indicating which person or entity has which items of evidence or information.
f. The names, addresses, and telephone numbers of all persons or entities who may potentially testify for the petitioner and a description of the subject matter and summary of the facts to which each person or entity may testify in the event the circuit court determines an evidentiary hearing would be appropriate.
(3) Prima facie evidence demonstrating that the identity of the perpetrator was at issue in the trial that resulted in the conviction of the petitioner and that DNA testing of the specified evidence would, assuming exculpatory results, demonstrate the factual innocence of the applicant of the offense for which the petitioner was convicted.
(f)(1) Except as provided in subdivision (2), the circuit court shall order the testing requested in a motion for DNA testing, under reasonable conditions designed to protect the interest of the state and the integrity of the evidence and testing process, upon a determination, after review of the record of the trial of the applicant, of all of the following:
a. That the requirements of subsection (c) have been met.
b. That the evidence to be tested is in the possession of the state or the court and has been subject to a chain of custody sufficient to establish that it has not been altered in any material respect.
c. That the motion is made in a timely manner pursuant to the Alabama Rules of Criminal Procedure Rule 32.2(c), or within 12 months of August 1, 2009.
d. That the motion is for the purpose of demonstrating the actual innocence of the applicant and not to delay the execution of sentence or administration of justice.
(2) The court may not order the testing requested in a motion for DNA testing if, after review of the petition, the state’s response, if required, and the record of the trial of the applicant, the court determines that there is no reasonable possibility that the testing will produce exculpatory evidence that would exonerate the applicant of the offense for which the applicant was convicted.
(g)(1) Any DNA testing ordered under this section shall be conducted by the Department of Forensic Sciences or a laboratory mutually selected by the state and the petitioner, or if the state and the applicant are unable to agree on a laboratory, a laboratory selected by the court that ordered the testing. Any laboratory selected to conduct the testing shall be accredited by a national forensic organization and operate in compliance with the Quality Assurance Standards for Forensic DNA Testing Laboratories issued by the Director of the FBI.
(2) The costs of any testing ordered under this section shall be paid by the applicant, or in the case of an applicant who is indigent, and if the testing is not performed by the Department of Forensic Sciences, by the State Fair Trial Tax Fund as ordered by the court. If an applicant is deemed by the circuit court to be indigent and the circuit court orders the Department of Forensic Sciences to perform the forensic DNA testing and analysis, then the costs of testing ordered under this section shall be paid from the Alabama DNA Database Fund, as created in Section 36-18-32.
(3) The circuit court may appoint counsel for an indigent petitioner solely for the purpose of proceeding under this provision providing for post-conviction DNA testing. This provision is not to be construed as creating the right to the appointment of counsel for an Alabama Rules of Criminal Procedure Rule 32 post-conviction appeal and is to be limited to the sole issue of petitioning for possible post-conviction DNA testing.
(h)(1) If the DNA testing conducted under this section produces inconclusive evidence or evidence that is unfavorable to the petitioner, the court shall dismiss the petition.
(2) If the DNA testing conducted under this section produces conclusive evidence of the petitioner’s factual innocence of the offense convicted, the petitioner, during a 60-day period beginning on the date on which the petitioner is notified of the test results, may file a petition to the circuit court that ordered the testing for post-conviction relief pursuant to Rule 32.1 of the Alabama Rules of Criminal Procedure. Upon receipt of a petition, the circuit court that ordered the testing shall consider the petition pursuant to Rule 32, et seq. of the Alabama Rules of Criminal Procedure.
(Act 2009-768, p. 2355, §1.)
(a) A person charged with a crime which was committed in his or her minority but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall, and, if charged with a lesser crime may be investigated and examined by the court to determine whether he or she should be tried as a youthful offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to the defendant. If the defendant consents and the court so decides, no further action shall be taken on the indictment or information unless otherwise ordered by the court as provided in subsection (b).
(b) After such investigation and examination, the court, in its discretion, may direct that the defendant be arraigned as a youthful offender, and no further action shall be taken on the indictment or information; or the court may decide that the defendant shall not be arraigned as a youthful offender, whereupon the indictment or information shall be deemed filed.
(c) In addition to the provisions of subsections (a) and (b), when the defendant is charged with a crime that contains as an element of the crime or an allegation related to the charge that the defendant intentionally inflicted serious physical injury or intentionally killed the victim in the commission of the crime, prior to conducting a hearing or examination on whether the defendant will be arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing pursuant to the provisions of the Crime Victims’ Rights Act. In addition, the court shall conduct an evidentiary hearing on the allegations of the crime and the extent of injuries of the victim and shall consider the evidence prior to determining youthful offender status. The failure to provide a right, privilege, or notice to a victim under this subsection shall not be grounds for the defendant or victim to seek to have the disposition of the case set aside.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §1; Act 2012-465, p. 1286, §1.)
It shall be the duty of all probation officers of the State of Alabama to make such investigations for the court as requested by the court for the purpose of determining whether or not the person shall be charged as a youthful offender.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §5.)
The trial of youthful offenders and proceedings involving them shall be conducted at court sessions separate from those for adults charged with crime.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §2.)
If a defendant does not plead guilty, the trial of the charge as a youthful offender shall be before the judge without a jury.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §2.)
No statement, admission or confession made by a defendant to the court or to any officer thereof during the examination and investigation referred to in Section 15-19-1 shall be admissible as evidence against him or his interest; provided, however, that the court may take such statement, admission or confession into consideration at the time of sentencing after the defendant has been found guilty of a crime or adjudged a youthful offender.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §3.)
(a) If a person is adjudged a youthful offender and the underlying charge is a felony, the court shall:
(1) Suspend the imposition or execution of sentence with or without probation;
(2) Place the defendant on probation for a period not to exceed three years;
(3) Impose a fine as provided by law for the offense with or without probation or commitment;
(4) Commit the defendant to the custody of the Board of Corrections for a term of three years or a lesser term.
(b) Where a sentence of fine is not otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized in this section, the court may impose a fine of not more than $1,000. In imposing a fine the court may authorize its payment in installments.
(c) In placing a defendant on probation, the court shall direct that he be placed under the supervision of the appropriate probation agency.
(d) If the underlying charge is a misdemeanor, a person adjudged a youthful offender may be given correctional treatment as provided by law for such misdemeanor.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §4.)
(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime; provided, however, that if he is subsequently convicted of crime, the prior adjudication as youthful offender shall be considered.
(b) The fingerprints and photographs and other records of a person adjudged a youthful offender shall not be open to public inspection unless the person adjudged a youthful offender is treated as an adult sex offender according to Section 15-20A-35; provided, however, that the court may, in its discretion, permit the inspection of papers or records.
(c) Prosecutors representing the State of Alabama shall have access to fingerprints, photographs, and other records of a person adjudged a youthful offender contained in the court file regardless of the jurisdiction from which the file originates.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §6; Act 2014-432, p. 1593, §1; Act 2015-463, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §2.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §5.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1967, No. 506, p. 1220, §4.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1996, No. 793, p. 1491, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 98-489, p. 933, §1; repealed by Act 99-572, p. 1283, §1; added by Act 99-572, p. 1283, §2; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1996, No. 96-793, p. 1491, §2; Act 98-489, p. 933, §2; repealed by Act 99-572, p. 1283, §1; added by Act 99-572, p. 1283, §3; Act 2001-1127, 4th Sp. Sess., p. 1199, §1; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1996, No. 96-793, p. 1491, §3; Act 98-489, p. 933, §2; repealed by Act 99-572, p. 1283, §1; added by Act 99-572, p. 1283, §3; Act 2001-1127, 4th Sp. Sess., p. 1199, §1; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2009-619, p. 1791, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1996, No. 96-793, p. 1491, §4; Act 98-489, p. 933, §2; repealed by Act 99-572, p. 1283, §1; added by Act 99-572, p. 1283, §3; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2005-301, 1st Sp. Sess., §2.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Acts 1996, No. 96-793, p. 1491, §5; Act 98-489, p. 933, §2; repealed by Act 99-572, p. 1283, §1; added by Act 99-572, p. 1283, §3; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2001-1127, 4th Sp. Sess., p. 1199, §2; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2001-1127, 4th Sp. Sess., p. 1199, §2; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2001-1127, 4th Sp. Sess., p. 1199, §2; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3; Act 2000-728, p. 1566, §1; Act 2001-1127, 4th Sp. Sess., p. 1199, §1; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2009-558, p. 1603, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2005-301, 1st Sp. Sess., p. 571, §§2, 4.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2005-301, 1st Sp. Sess., p. 571, §2.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, 3; Act 2005-301, 1st Sp. Sess., §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3; Act 2001-1127, 4th Sp. Sess., p. 1199, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3; Act 2001-1127, 4th Sp. Sess., p. 1199, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3; Act 2005-301, §1.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 99-572, p. 1283, §3.)
[Repealed]
Repealed by Act 2011-640, p. 1569, §49, effective July 1, 2011.
(Act 2001-1127, 4th Sp. Sess., p. 1199, §2.)
This chapter shall be known and may be cited as the Alabama Sex Offender Registration and Community Notification Act.
(Act 2011-640, p. 1569, §1.)
The Legislature makes all of the following findings:
(1) Registration and notification laws are a vital concern as the number of sex offenders continues to rise. The increasing numbers coupled with the danger of recidivism place society at risk. Registration and notification laws strive to reduce these dangers by increasing public safety and mandating the release of certain information to the public. This release of information creates better awareness and informs the public of the presence of sex offenders in the community, thereby enabling the public to take action to protect themselves. Registration and notification laws aid in public awareness and not only protect the community but serve to deter sex offenders from future crimes through frequent in-person registration. Frequent in-person registration maintains constant contact between sex offenders and law enforcement, providing law enforcement with priceless tools to aid them in their investigations including obtaining information for identifying, monitoring, and tracking sex offenders.
(2) Juvenile sex offenders also pose a risk to the community. Due to juvenile sex offenders offending in their formative years, it is imperative that they receive sex offender treatment. At the completion of sex offender treatment, all juvenile sex offenders must undergo a risk assessment, and a hearing must be held by the court to determine their level of risk to the community and the level of notification that should be provided to best protect the public. Juvenile sex offenders adjudicated delinquent of the most serious offenses who pose a greater threat should be subject to more stringent requirements.
(3) Homeless sex offenders are a group of sex offenders who need to be monitored more frequently for the protection of the public. Homeless sex offenders present a growing concern for law enforcement due to their mobility. As the number of homeless sex offenders increases, locating, tracking, and monitoring these offenders becomes more difficult.
(4) Sexually violent offenders also cause increased concern for law enforcement. These predators are repeat sexual offenders who use physical violence, offend on multiple victims, and prey on children. Due to their likelihood to engage in future sexually violent behavior, they present an extreme threat to the public safety. The Legislature declares that its intent in imposing additional tracking and monitoring requirements on sexually violent predators is to assist law enforcement in carrying out their duties and, most importantly, to protect the public, especially children.
(5) Sex offenders, due to the nature of their offenses, have a reduced expectation of privacy. In balancing the sex offender’s rights, and the interest of public safety, the Legislature finds that releasing certain information to the public furthers the primary governmental interest of protecting vulnerable populations, particularly children. Employment and residence restrictions, together with monitoring and tracking, also further that interest. The Legislature declares that its intent in imposing certain registration, notification, monitoring, and tracking requirements on sex offenders is not to punish sex offenders but to protect the public and, most importantly, promote child safety.
(Act 2011-640, p. 1569, §2.)
(a) This chapter is applicable to every adult sex offender convicted of a sex offense as defined in Section 15-20A-5, without regard to when his or her crime or crimes were committed or his or her duty to register arose.
(b) Any adult sex offender shall be subject to this chapter for life.
(c) This chapter is applicable to juvenile sex offenders who are adjudicated delinquent pursuant to the Alabama Juvenile Justice Act, Sections 12-15-101 to 12-15-601, inclusive, formerly Sections 12-15-1 to 12-15-176, inclusive, Code of Alabama 1975, of a sex offense as defined in Section 15-20A-5.
(d) A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15-20A-5 on or after July 1, 2011, shall be subject to this chapter for the duration of time as provided in Section 15-20A-28. A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15-20A-5 prior to July 1, 2011, shall be subject to registration and verification pursuant to this chapter for 10 years from the last date of release on the sex offense subjecting the juvenile sex offender to registration, and the juvenile sex offender shall be subject to notification during the registration period if notification was previously ordered by the sentencing court.
(e) This chapter is applicable to youthful offender sex offenders who are adjudicated as a youthful offender pursuant to the Youthful Offender Act, Sections 15-19-1 to 15-19-7, of a sex offense as defined in Section 15-20A-5.
(f) A youthful offender sex offender adjudicated as a youthful offender of a sex offense as defined in Section 15-20A-5 on or after July 1, 2011, shall be subject to this chapter as provided in Section 15-20A-35. A youthful offender sex offender adjudicated as a youthful offender of a sex offense as defined in Section 15-20A-5 prior to July 1, 2011, shall be treated as follows:
(1) If the youthful offender sex offender was not previously adjudicated or convicted of a sex offense, he or she shall be treated as a juvenile sex offender adjudicated prior to July 1, 2011, pursuant to subsection (d).
(2) If the youthful offender sex offender was previously adjudicated or convicted of a sex offense, he or she shall be treated as an adult sex offender pursuant to subsection (b).
(Act 2011-640, p. 1569, §3.)
For purposes of this chapter, the following words shall have the following meanings:
(1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12.
(3) CHILDCARE FACILITY. A licensed child daycare center, a licensed childcare facility, or any other childcare service that is exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has been provided to local law enforcement.
(4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United States territory, a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian reservation or other federal property, a conviction in any state of the United States or a conviction in a foreign country if the foreign country’s judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) of Public Law 109-248. Cases on appeal are deemed convictions until reversed or overturned.
(5) EMPLOYMENT. Compensated work or a volunteer position for any period of time, regardless of whether the work is full-time, part-time, self-employment, or as an independent contractor or day laborer, provided that employment does not include any time spent traveling as a necessary incident to performing the work.
(6) FIXED RESIDENCE. A building or structure, having a physical address or street number, that provides shelter in which a person resides.
(7) HOMELESS. The state of lacking a fixed residence.
(8) IMMEDIATE FAMILY MEMBER. A parent or grandparent; child, grandchild, or sibling of any age by blood, adoption, or marriage; or spouse.
(9) IMMEDIATELY. Within three business days.
(10) JURISDICTION. Any state of the United States, any United States territory, the District of Columbia, or any federally recognized Indian tribe.
(11) JUVENILE SEX OFFENDER. An individual who has not attained the age of 18 at the time of the offense and who is adjudicated delinquent of a sex offense.
(12) LOCAL LAW ENFORCEMENT. The sheriff of the county and the chief of police if the location subject to registration is within the corporate limits of any municipality, or, if applicable, the chief law enforcement officer for a federally recognized Indian tribe.
(13) MINOR. A person who has not attained the age of 18.
(14) OVERNIGHT VISIT. Any presence between the hours of 10:30 p.m. and 6:00 a.m.
(15) PREDATORY. An act directed at a stranger, a person of casual acquaintance, or with whom no substantial relationship exists, or a person with whom a relationship has been established or promoted for the purpose of victimization of that person or individuals over whom that person has control.
(16) PRIOR CONVICTION. The person has served and has been released or discharged from, or is serving, a separate period of incarceration, commitment, or supervision for the commission of a sex offense, as defined by Section 15-20A-5, prior to, or at the time of, committing another sex offense.
(17) REGISTERING AGENCY. Any agency with whom the sex offender registers required registration information.
(18) RELEASE. Release from a state prison, county jail, municipal jail, mental health facility, release or discharge from the custody of the Department of Youth Services or other juvenile detention, or placement on an appeal bond, probation, parole, or aftercare, placement into any facility or treatment program that allows the sex offender to have unsupervised access to the public, or release from any other facility, custodial or noncustodial, where the sex offender is sentenced or made a ward of that facility by a circuit, district, or juvenile court.
(19) REQUIRED REGISTRATION INFORMATION. Any information required pursuant to Section 15-20A-7.
(20) RESIDE. To be habitually or systematically present at a place. Whether a person is residing at a place shall be determined by the totality of the circumstances, including the amount of time the person spends at the place and the nature of the person’s conduct at the place. The term reside includes, but is not limited to, spending more than four hours a day at the place on three or more consecutive days; spending more than four hours a day at the place on 10 or more aggregate days during a calendar month; or spending any amount of time at the place coupled with statements or actions that indicate an intent to live at the place or to remain at the place for the periods specified in this sentence. A person does not have to conduct an overnight visit to reside at a place.
(21) RESIDENCE. A fixed residence as defined by this section or other place where the person resides, regardless of whether the person declares or characterizes such place as a residence.
(22) RESPONSIBLE AGENCY. The person or government entity whose duty it is to obtain information from a sex offender and to transmit that information to the Alabama State Law Enforcement Agency, police departments, and sheriffs. For a sex offender being released from state prison, the responsible agency is the Department of Corrections. For a sex offender being released from a county jail, the responsible agency is the sheriff of that county. For a sex offender being released from a municipal jail, the responsible agency is the chief of police of that municipality. For a sex offender being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court or designee of the sentencing court. For a juvenile sex offender being released from the Department of Youth Services, the responsible agency is the Department of Youth Services. For a sex offender who is being released from a jurisdiction outside this state and who is to reside in this state, the responsible agency is the sheriff of the county in which the offender intends to establish a residence.
(23) RISK ASSESSMENT. A written report on the assessment of risk for sexually re-offending conducted by a sex offender treatment program or provider approved by the Department of Youth Services. The report shall include, but not be limited to, the following regarding the juvenile sex offender: Criminal history, mental status, attitude, previous sexual offender treatment and response to treatment, social factors, conditions of release expected to minimize risk of sexual re-offending, and characteristics of the sex offense.
(24) SCHOOL. A licensed or accredited public, private, or church school that offers instruction in grades pre-K-12 if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has been provided to local law enforcement. The definition does not include a private residence in which students are taught by parents or tutors or any facility dedicated exclusively to the education of adults unless that facility has a childcare facility as defined in subdivision (3).
(25) SENTENCING COURT. The court of adjudication or conviction.
(26) SEX OFFENDER. Includes any adult sex offender, any youthful offender sex offender, and any juvenile sex offender.
(27) SEX OFFENSE INVOLVING A CHILD. A conviction for any sex offense in which the victim was a child or any offense involving child pornography.
(28) SEX OFFENSE INVOLVING A MINOR. A conviction for any sex offense in which the victim was a minor or any offense involving child pornography.
(29) SEXUALLY VIOLENT PREDATOR. A person who has been convicted of a sexually violent offense and who is likely to engage in one or more future sexually violent offenses or is likely to engage in future predatory sex offenses.
(30) STUDENT. A person who is enrolled in or attends, on a full-time or part-time basis, any public or private educational institution, including a secondary school, trade or professional school, or institution of higher education.
(31) TEMPORARY LODGING INFORMATION. Lodging information including, but not limited to, the name and address of any location where the person is staying when away from his or her residence for three or more days and the period of time the person is staying at that location.
(32) VOLUNTEER POSITION. An arrangement whereby a person works without compensation for any period of time on behalf of a business, school, charity, child care facility, or other organization or entity, provided that a volunteer position does not include any time spent traveling as a necessary incident to performing the uncompensated work.
(33) YOUTHFUL OFFENDER SEX OFFENDER. An individual adjudicated as a youthful offender for a sex offense who has not yet attained the age of 21 at the time of the offense.
(Act 2011-640, p. 1569, §4; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
For the purposes of this chapter, a sex offense includes any of the following offenses:
(1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated delinquent of a violation of rape in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
(3) Sodomy in the first degree, as provided by Section 13A-6-63.
(4) Sodomy in the second degree, as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
(5) Sexual misconduct, as provided by Section 13A-6-65, provided that on a first conviction or adjudication the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication of a sex offense, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated delinquent of a violation of sexual misconduct is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
(6) Sexual torture, as provided by Section 13A-6-65.1.
(7) Sexual abuse in the first degree, as provided by Section 13A-6-66.
(8) Sexual abuse in the second degree, as provided by Section 13A-6-67.
(9) Indecent exposure, as provided by Section 13A-6-68, provided that on a first conviction or adjudication of a sex offense, the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated of a violation of indecent exposure is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
(10) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as provided by Section 13A-6-69.
(11) Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.
(12) Promoting prostitution in the first degree, as provided by Section 13A-12-111.
(13) Promoting prostitution in the second degree, as provided by Section 13A-12-112.
(14) Violation of the Alabama Child Pornography Act, as provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197. A juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
(15) Unlawful imprisonment in the first degree, as provided by Section 13A-6-41, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.
(16) Unlawful imprisonment in the second degree, as provided by Section 13A-6-42, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.
(17) Kidnapping in the first degree, as provided by subdivision (4) of subsection (a) of Section 13A-6-43, if the intent of the abduction is to violate or abuse the victim sexually.
(18) Kidnapping of a minor, except by a parent, guardian, or custodian, as provided by Section 13A-6-43 or 13A-6-44.
(19) Incest, as provided by Section 13A-13-3.
(20) Transmitting obscene material to a child by computer, as provided by Section 13A-6-111.
(21) School employee engaging in a sex act or deviant sexual intercourse with a student, or having sexual contact or soliciting a sex act or sexual contact with a student, as provided by Sections 13A-6-81 and 13A-6-82.
(22) Foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child, as provided by Section 13A-6-71.
(23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121.
(24) Electronic solicitation of a child, as provided by Section 13A-6-122.
(25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123.
(26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124.
(27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125.
(28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude.
(29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude.
(30) Custodial sexual misconduct, as provided by Section 14-11-31.
(31) Sexual extortion, as provided by Section 13A-6-241.
(32) Directing a child to engage in a sex act, as provided in Section 13A-6-243.
(33) Any offense which is the same as or equivalent to any offense set forth above as the same existed and was defined under the laws of this state existing at the time of such conviction, specifically including, but not limited to, crime against nature, as provided by Section 13-1-110; rape, as provided by Sections 13-1-130 and 13-1-131; carnal knowledge of a woman or girl, as provided by Sections 13-1-132 through 13-1-135, or attempting to do so, as provided by Section 13-1-136; indecent molestation of children, as defined and provided by Section 13-1-113; indecent exposure, as provided by Section 13-1-111; incest, as provided by Section 13-8-3; offenses relative to obscene prints and literature, as provided by Sections 13-7-160 through 13-7-175, inclusive; employing, harboring, procuring or using a girl over 10 and under 18 years of age for the purpose of prostitution or sexual intercourse, as provided by Section 13-7-1; seduction, as defined and provided by Section 13-1-112; a male person peeping into a room occupied by a female, as provided by Section 13-6-6; assault with intent to ravish, as provided by Section 13-1-46; and soliciting a child by computer, as provided by Section 13A-6-110.
(34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (33), inclusive.
(35) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (34), inclusive.
(36) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).
(37) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.
(38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.
(39) The foregoing notwithstanding, any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, carnal knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, molestation of a child, criminal sexual misconduct, video voyeurism, or there has been a finding of sexual motivation.
(40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (39), inclusive.
(41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.
(Act 2011-640, p. 1569, §5; Act 2015-463, p. 1506, §1; Act 2016-354, p. 867, §2; Act 2017-414, §5; Act 2018-528, §4; Act 2019-465, §1.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a)(1) The indictment, count in the indictment, information, complaint or warrant charging the offense may include a specification of sexual motivation or the prosecuting attorney may file an allegation of sexual motivation in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.
(2) If a specification is included in the indictment, count in the indictment, information, complaint, or warrant charging the offense the specification shall be stated at the end of the body of the indictment, count in the indictment, information, complaint, or warrant and shall be in substantially the following form: “SPECIFICATION or SPECIFICATION TO THE FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the offender committed the offense with a sexual motivation.”
(3) If the prosecuting attorney files an allegation of sexual motivation, it shall be filed within a reasonable time after indictment to give sufficient notice to the defendant.
(b) If the indictment, count of the indictment, information, complaint, or warrant charging the offense includes a specification of sexual motivation or if the prosecuting attorney files an allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation.
(c) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication as a youthful offender, of whether or not a sexual motivation was present at the time of the commission of the offense unless the defendant has a trial by jury.
(d) If a defendant has a trial by jury, the jury, if it finds the defendant guilty, shall also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation.
(e) If there is a finding of sexual motivation, the finding shall be made part of the record of conviction or adjudication.
(f) For purposes of this section, sexual motivation means that one of the purposes for which the defendant committed the crime was for the purpose of the sexual gratification of the defendant.
(g) This section shall not apply to sex offenses as defined in subdivisions (1) to (40), inclusive, of Section 15-20A-5.
(Act 2011-640, p. 1569, §6; Act 2015-463, p. 1506, §1; Act 2018-528, §4.)
(a) The following registration information, unless otherwise indicated, shall be provided by the sex offender when registering:
(1) Name, including any aliases, nicknames, ethnic, or tribal names.
(2) Date of birth.
(3) Social Security number.
(4) Address of each residence.
(5) Name and address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.
(6) Name and address of any employer where the sex offender works or will work, including any transient or day laborer information.
(7) The license plate number, registration number or identifier, description, and permanent or frequent location where all vehicles are kept for any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.
(8) Any telephone number used, including land line and cell phone numbers.
(9) Any email addresses or instant message address or identifiers used, including any designations or monikers used for self-identification in Internet communications or postings other than those used exclusively in connection with a lawful commercial transaction.
(10) A current photograph.
(11) A physical description of the sex offender including physical appearance, physical characteristics, and identifying marks such as scars and tattoos.
(12) Fingerprints and palm prints.
(13) A DNA sample. The DNA sample may be collected by the probation officer, sheriff, chief of police, or other responsible agency. Prior to collecting a DNA sample, the responsible agency shall determine if a DNA sample has already been collected for the sex offender by checking the Dru Sjodin National Sex Offender Public Registry website, the Alabama Department of Forensic Sciences DNATracker site, or with the Alabama State Law Enforcement Agency. If a DNA sample has not been previously collected for the sex offender, the responsible agency shall coordinate for the collection of a DNA sample with the sheriff of the county in which the registration is occurring. The collection of a DNA sample should be performed using materials recommended or provided by the Alabama Department of Forensic Sciences. The DNA sample shall be immediately forwarded by the entity collecting the sample to the Department of Forensic Sciences.
(14) A photocopy of the valid driver license or identification card.
(15) A photocopy of any and all passport and immigration documents.
(16) Any professional licensing information that authorizes the sex offender to engage in an occupation or carry out a trade or business.
(17) A full criminal history of the sex offender, including dates of all arrests and convictions, status of parole, probation, or supervised release, registration status, and outstanding arrest warrants.
(18) A list of any and all Internet service providers used by the sex offender.
(19) Any other information deemed necessary by the Secretary of the Alabama State Law Enforcement Agency.
(b) The registering agency is not required to obtain any of the following information each time the sex offender verifies his or her required registration information if the registering agency verifies the information has already been collected and has not been changed or altered:
(1) A current photograph.
(2) Fingerprints or palm prints.
(3) A DNA sample.
(4) A photocopy of the valid driver license or identification card.
(5) A photocopy of any and all passport and immigration documents.
(c) The registration information shall be transmitted to the Alabama State Law Enforcement Agency in a manner determined by the secretary of the department and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association, and the Alabama State Law Enforcement Agency. The advisory board members shall not receive any compensation or reimbursement for serving on the advisory board.
(d) The required registration information shall include a form explaining all registration and notification duties, including any requirements and restrictions placed on the sex offender. This form shall be signed and dated by the sex offender. If the sex offender fails to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the sex offender and that the sex offender refused to sign.
(e) All required registration information shall be stored electronically in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and shall be available in a digitized format by the Alabama State Law Enforcement Agency to anyone entitled to receive the information as provided in Section 15-20A-42.
(f) Any person who knowingly fails to provide the required registration information, or who knowingly provides false information, pursuant to this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §7; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) All of the following registration information shall be provided on the public registry website maintained by the Alabama State Law Enforcement Agency and may be provided on any community notification documents:
(1) Name, including any aliases, nicknames, ethnic, or Tribal names.
(2) Address of each residence.
(3) Address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.
(4) Address of any employer where the sex offender works or will work, including any transient or day laborer information.
(5) The license plate number and description of any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.
(6) A current photograph.
(7) A physical description of the sex offender.
(8) Criminal history of any sex offense for which the sex offender has been adjudicated or convicted.
(9) The text of the criminal provision of any sex offense of which the sex offender has been adjudicated or convicted.
(10) Status of the sex offender, including whether the sex offender has absconded.
(b) None of the following information shall be provided on the public registry website or any other notification documents:
(1) Criminal history of any arrests not resulting in conviction.
(2) Social Security number.
(3) Travel and immigration document numbers.
(4) Victim identity.
(5) Any email addresses or instant message addresses or identifiers used by the sex offender.
(6) Any Internet service providers used by the sex offender.
(c) Any other required registration information may be included on the website as determined by the Secretary of the Alabama State Law Enforcement Agency.
(d) All information shall immediately be posted on the public registry website upon receipt of the information by the Alabama State Law Enforcement Agency.
(e) The website shall include field search capabilities to search for sex offenders by name, city or town, county, zip code, or geographic radius.
(f) The website shall include links to sex offender safety and education resources.
(g) The website shall include instructions on how to seek correction of information that a person contends is erroneous.
(h) The website shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any person named in the registry or residing or working at any reported address and that any such action may result in civil or criminal penalties. The website shall also include a warning that, prior to including the individual on the website, the Alabama State Law Enforcement Agency did not consider or assess the individual’s specific risk of reoffense or current dangerousness; that inclusion on the website is based solely on an individual’s conviction record and state law; and that the Legislature’s purpose in providing this data is to make the information more easily available and accessible, not to warn about any specific individual.
(Act 2011-640, p. 1569, §8; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) At least 30 days prior to release, or immediately upon notice of release if release is less than 30 days, of an adult sex offender from the county jail, municipal jail, Department of Corrections, or any other facility that has incarcerated the adult sex offender, or immediately upon conviction, if the adult sex offender is not incarcerated:
(1) The responsible agency shall inform the adult sex offender of his or her duty to register and, instruct the adult sex offender to read and sign a form stating that the duty to register has been explained. The adult sex offender shall sign the form stating that the duty to register has been explained and shall provide the required registration information. If the adult sex offender refuses to sign the form, the designee of the responsible agency shall sign the form stating that the requirements have been explained to the adult sex offender and that the adult sex offender refused to sign.
(2) If the adult sex offender declares his or her intent to reside within this state, the responsible agency shall immediately notify and provide the required registration information to the Alabama State Law Enforcement Agency, the Attorney General, the district attorney in the county of conviction, and local law enforcement where the adult sex offender intends to reside. The notification shall also include any other information available to the responsible agency which would be necessary to identify and trace the adult sex offender, including, but not limited to, each sex offense history or a copy of the pre-sentence investigation of the sex offense and the release date of the adult sex offender.
(3) If the adult sex offender declares his or her intent to reside outside of the state, the responsible agency shall immediately notify and provide the required registration information to the Alabama State Law Enforcement Agency, the Attorney General, the district attorney in the county of conviction, and the designated state law enforcement agency of the state to which the adult sex offender has declared his or her intent to reside. The notification shall also include any other information available to the responsible agency which would be necessary to identify and trace the adult sex offender, including, but not limited to, each sex offense history or a copy of the pre-sentence investigation of the sex offense and the release date of the sex offender.
(4) If an adult sex offender is not able to provide a residence prior to the time of release, then the responsible agency shall notify the sheriff of the county where the last conviction for a sex offense or violation of this chapter took place at least five days prior to the release of the adult sex offender. Upon notice of the release date from the responsible agency, the sheriff of the county of the last conviction for a sex offense or a violation of this chapter shall make arrangements to have the adult sex offender immediately remanded to his or her custody to register in accordance with Section 15-20A-10 at the time of release.
(5) Any adult sex offender who is due to be released due to the expiration of his or her sentence and who refuses to provide the required registration information shall be treated as follows:
a. If the adult sex offender has not accumulated any incentive time pursuant to Section 14-9-41 or any other law, he or she shall be charged with violating this section. At least five days prior to his or her release date, the Department of Corrections shall notify the sheriff in the county where the last conviction for a sex offense or violation of this chapter took place, which county shall be the proper venue for arrest and prosecution of violation of this section. Upon notice of the release date, the sheriff from the county of the last conviction for a sex offense or violation of this chapter shall make arrangements to have the adult sex offender immediately remanded to his or her custody at the time of release. Any adult sex offender charged with violating this section may only be released on bond on the condition that the adult sex offender is in compliance with this section before being released.
b. If the adult sex offender has accumulated correctional incentive time pursuant to Section 14-9-41 or any other law, the adult sex offender shall be charged with non-compliance with this section and shall not be allowed early release, but instead shall forfeit all correctional incentive time that has accrued pursuant to Section 14-9-41, or other good time allowed by law.
(b) An adult sex offender who knowingly fails to comply with this section by failing to provide the required registration information shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §9; Act 2015-463, §1.)
(a)(1) Immediately upon release from incarceration, or immediately upon conviction if the adult sex offender is not incarcerated, the adult sex offender shall appear in person and register all required registration information with local law enforcement in each county in which the adult sex offender resides or intends to reside, accepts or intends to accept employment, accepts or intends to accept a volunteer position, and begins or intends to begin school attendance.
(2) An adult sex offender who registers pursuant to subdivision (1) shall have seven days from release to comply with the residence restrictions pursuant to subsection (a) of Section 15-20A-11.
(b) Immediately upon establishing a new residence, accepting employment, accepting a volunteer position, or beginning school attendance, the adult sex offender shall appear in person to register with local law enforcement in each county in which the adult sex offender establishes a residence, accepts employment, accepts a volunteer position, or begins school attendance.
(c)(1) Immediately upon transferring or terminating any residence, employment, or school attendance, the adult sex offender shall appear in person to notify local law enforcement in each county in which the adult sex offender is transferring or terminating residence, employment, or school attendance.
(2) Whenever a sex offender transfers his or her residence, as provided in subdivision (1) from one county to another county, the sheriff of the county from which the sex offender is transferring his or her residence shall immediately notify local law enforcement in the county in which the sex offender intends to reside. If a sex offender transfers his or her residence, as provided in subdivision (1) from one county to another jurisdiction, the sheriff of the county from which the sex offender is transferring his or her residence shall immediately notify the chief law enforcement agency in the jurisdiction in which the sex offender intends to reside.
(d) Immediately upon any name change, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county in which the adult sex offender is required to register.
(e)(1) Upon changing any required registration information, including by transferring or terminating a residence the adult sex offender shall immediately appear in person and update the information with local law enforcement in each county in which the adult sex offender resides. Provided, however, any changes in telephone numbers, email addresses, instant message addresses, or other on-line identifiers or Internet service providers may be reported to local law enforcement in person, electronically, or telephonically as required by the local law enforcement agency.
(2) Notwithstanding any other provision of law regarding the establishment of residence, an adult sex offender has transferred or terminated his or her residence for purposes of subdivision (1) whenever the adult sex offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or completing a travel notification document pursuant to Section 15-20A-15.
(f) An adult sex offender shall appear in person to verify all required registration information during the adult sex offender’s birth month and every three months thereafter, regardless of the month of conviction, for the duration of the adult sex offender’s life with local law enforcement in each county in which the adult sex offender resides.
(g) At the time of registration, the adult sex offender shall be provided a form explaining any and all duties and restrictions placed on the adult sex offender. The adult sex offender shall read and sign this form stating that he or she understands the duties and restrictions imposed by this chapter. If the adult sex offender refuses to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the adult sex offender and that the adult sex offender refused to sign.
(h) For purposes of this section, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.
(i) If an adult sex offender was convicted and required to register prior to July 1, 2011, then the adult sex offender shall begin quarterly registration after his or her next biannual required registration date.
(j) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §10; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) No adult sex offender shall establish a residence or maintain a residence after release or conviction within 2,000 feet of the property on which any school, childcare facility, or resident camp facility is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24. For the purposes of this section, a resident camp facility includes any place, area, parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping owned by a business, church, or nonprofit organization used primarily for educational, recreational, or religious purposes for minors and the location of the resident camp has been provided to local law enforcement. Resident camp does not include a private residence, farm, or hunting or fishing camp.
(b) No adult sex offender shall establish a residence or maintain a residence after release or conviction within 2,000 feet of the property on which his or her former victim, or an immediate family member of the victim, resides unless otherwise exempted pursuant to Section 15-20A-24 or Section 15-20A-16.
(c) Changes to property within 2,000 feet of a registered address of an adult sex offender which occur after the adult sex offender establishes residency shall not form the basis for finding that the adult sex offender is in violation of this section unless the sex offender has been released or convicted of a new offense after establishing residency.
(d) No adult sex offender shall reside or conduct an overnight visit with a minor. Notwithstanding the foregoing, an adult sex offender may reside with a minor if the adult sex offender is the parent, grandparent, stepparent, sibling, or stepsibling of the minor, unless one of the following conditions applies:
(1) Parental rights of the adult sex offender have been or are in the process of being terminated as provided by law.
(2) The adult sex offender has been convicted of any sex offense in which any of the minor children, grandchildren, stepchildren, siblings, or stepsiblings of the adult sex offender was the victim.
(3) The adult sex offender has been convicted of any sex offense in which a minor was the victim and the minor resided or lived with the adult sex offender at the time of the offense.
(4) The adult sex offender has been convicted of any sex offense involving a child, regardless of whether the adult sex offender was related to or shared a residence with the child victim.
(5) The adult sex offender has been convicted of any sex offense involving forcible compulsion in which the victim was a minor.
(e)(1) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender shall be deemed to have established a residence wherever he or she resides following release, regardless of whether the adult sex offender resided at the same location prior to the time of conviction.
(2) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender has transferred his or her residence for purposes of Section 15-20A-10(e)(1) whenever the adult sex offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or obtaining a travel notification document pursuant to Section 15-20A-15.
(f) An adult sex offender is exempt from subsections (a) and (b) during the time the adult sex offender is in the facility of a licensed health care provider or is incarcerated in a jail, prison, mental health facility, or any other correctional placement facility wherein the adult sex offender is not allowed unsupervised access to the public.
(g) An adult sex offender shall not be found in violation of subsection (a) on the basis of any address, street number, place, or parcel that has been approved in writing by local law enforcement prior to establishing a residence. Local law enforcement shall promulgate, publicize, and enforce a policy that affords sex offenders a reasonable opportunity to obtain preapproval of a proposed residence.
(h) For the purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest property line to nearest property line.
(i) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §11; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) An adult sex offender who no longer has a fixed residence shall be considered homeless and shall appear in person and report such change in fixed residence to local law enforcement where he or she is located immediately upon such change in fixed residence.
(b) In addition to complying with the registration and verification requirements pursuant to Section 15-20A-10, a homeless adult sex offender who lacks a fixed residence, or who does not provide an address at a fixed residence at the time of release or registration, shall report in person once every seven days to law enforcement agency where he or she resides. If the sex offender resides within the city limits of a municipality, he or she shall report to the chief of police. If the adult sex offender resides outside of the city limits of a municipality he or she shall report to the sheriff of the county. The weekly report shall be on a day specified by local law enforcement and shall occur during normal business hours.
(c) A homeless adult sex offender who lacks a fixed address shall comply with the residence restrictions set forth in Section 15-20A-11.
(d)(1) Each time a homeless adult sex offender reports under this section, he or she shall provide all of the following information:
a. Name.
b. Date of birth.
c. Social Security number.
d. A detailed description of the location or locations where he or she has resided during the week.
e. A list of the locations where he or she plans to reside in the upcoming week with as much specificity as possible.
(2) The registering agency is not required to obtain the remaining required registration information from the homeless adult sex offender each time he or she reports to the registering agency unless the homeless adult sex offender has any changes to the remaining required registration information.
(e) If an adult sex offender who was homeless obtains a fixed residence in compliance with the provisions of Section 15-20A-11, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county of residence.
(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §12; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) No adult sex offender shall accept or maintain employment or a volunteer position at any school, childcare facility, mobile vending business that provides services primarily to children, or any other business or organization that provides services primarily to children, or any amusement or water park.
(b) No adult sex offender shall accept or maintain employment or a volunteer position within 2,000 feet of the property on which a school or childcare facility is located unless otherwise exempted pursuant to Sections 15-20A-24 and 15-20A-25.
(c) No adult sex offender, after having been convicted of a sex offense involving a child, shall accept or maintain employment or a volunteer position within 500 feet of a playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.
(d) Changes to property within 2,000 feet of an adult sex offender’s place of employment which occur after an adult sex offender accepts employment shall not form the basis for finding that an adult sex offender is in violation of this section.
(e) It shall be unlawful for the owner or operator of any childcare facility or any other organization that provides services primarily to children to knowingly provide employment or a volunteer position to an adult sex offender.
(f) For the purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest property line to nearest property line.
(g)(1) No adult sex offender shall accept or maintain employment or a volunteer position as a first responder.
(2) For the purposes of this section, a “first responder” means a paramedic, firefighter, rescue squad member, emergency medical technician, or other individual who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies, whether compensated or not.
(h) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §13; Act 2015-463, p. 1506, §1; Act 2017-414, p. 1337, §5; Act 2025-201, §1.)
(a) Any adult sex offender who declares he or she is entering the state to establish a residence or who enters this state to establish a residence shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender intends to establish or establishes a residence.
(b) Any adult sex offender who enters this state to accept employment or a volunteer position or to become a student shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender accepts employment or the volunteer position or becomes a student.
(c) Whenever an adult sex offender registers pursuant to this section, he or she shall be subject to the requirements of this chapter.
(d) Within 30 days of initial registration, the adult sex offender shall provide each registering agency with a certified copy of his or her sex offense conviction; however, an adult sex offender shall be exempt from this subsection if the adult sex offender provides adequate documentation that the certified record is no longer available or has been destroyed.
(e) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §14; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) Immediately before an adult sex offender temporarily leaves his or her county of residence for a period of three or more consecutive days, the adult sex offender shall report in person to the sheriff in each county of residence and complete and sign a travel notification document.
(b) The travel notification document shall be a form prescribed by the Alabama State Law Enforcement Agency to collect dates of travel, the intended destination or destinations, temporary lodging information, and any other information reasonably necessary to monitor a sex offender who plans to travel.
(c) If a sex offender intends to travel to another country, he or she shall report in person to the sheriff in each county of residence and complete a travel notification document at least 21 days prior to such travel. If the travel to another country is for a family or personal medical emergency or a death in the family, then the sex offender shall report in person to the sheriff in each county of residence immediately prior to travel. Any information reported to the sheriff in each county of residence shall immediately be reported to the United States Marshals Service and the Alabama State Law Enforcement Agency.
(d) The travel notification document shall explain the duties of the adult sex offender regarding travel as prescribed by the Alabama State Law Enforcement Agency and a certification that the adult sex offender understands the duties required of him or her and that the information he or she provided on the travel notification document is true and correct. No sex offender shall provide false information on the travel notification document.
(e) The sheriff in each county of residence shall immediately notify local law enforcement in the county or the jurisdiction to which the adult sex offender will be traveling.
(f) Upon return to the county of residence, the adult sex offender shall immediately report to the sheriff in each county of residence.
(g) All completed travel notification documents shall be included with the adult sex offender’s required registration information.
(h) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §15; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) No adult sex offender shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic means, any former victim.
(b) No adult sex offender shall knowingly come within 100 feet of a former victim.
(c) No sex offender shall make any harassing communication, directly or indirectly, in person or through others, by phone, mail, or electronic means to the victim or any immediate family member of the victim.
(d) A petition to exclude an adult sex offender from the requirements of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall exclude an adult sex offender from the provisions of this section provided that:
(1) The victim appears in court at the time of the hearing and requests the exemption in writing in open court.
(2) The court finds by clear and convincing evidence that the victim’s court appearance and written request pursuant to subdivision (1) were made voluntarily.
(3) The victim is over the age of 19 at the time of the request.
(4) The district attorney or prosecuting attorney shall be notified of the hearing and shall have the right to be present and heard.
(e) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases a petition filed shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46.
(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §16; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall loiter on or within 500 feet of the property line of any property on which there is a school, childcare facility, playground, park, athletic field or facility, school bus stop, college or university, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.
(2) Under this subsection, loiter means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose. An adult sex offender does not violate this subsection unless he or she has first been asked to leave a prohibited location by a person authorized to exclude the adult sex offender from the premises. An authorized person includes, but is not limited to, any law enforcement officer, security officer, any owner or manager of the premises, a principal, teacher, or school bus driver if the premises is a school, childcare facility, or bus stop, a coach, if the premises is an athletic field or facility, or any person designated with that authority.
(3) For purposes of this subsection, a school bus stop is any location where a motor vehicle owned or operated by or on behalf of a public or private school stops on a regular basis for the purpose of transporting children to and from school.
(b)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall enter onto the property of a K-12 school while school is in session or attend any K-12 school activity unless the adult sex offender does all of the following:
a. Notifies the principal of the school, or his or her designee, before entering onto the property or attending the K-12 school activity.
b. Immediately reports to the principal of the school, or his or her designee, upon entering the property or arriving at the K-12 school activity.
c. Complies with any procedures established by the school to monitor the whereabouts of the sex offender for the duration of his or her presence on the school property or attendance at the K-12 school activity. For a public K-12 school, the local school board shall adopt a policy to effectuate this section.
(2) Procedures established to effectuate this subsection are limited to rules that allow the principal of the school, or his or her designee, to discreetly monitor the adult sex offender.
(3) For the purposes of this subsection, a K-12 school activity is an activity sponsored by a school in which students in grades K-12 are the primary intended participants or for whom students in grades K-12 are the primary intended audience including, but not limited to, school instructional time, after school care, after school tutoring, athletic events, field trips, school plays, or assemblies.
(c) Any person who knowingly violates subsection (a) or subsection (b) shall be guilty of a Class C felony.
Act 2011-640, p. 1569, §17; Act 2014-421, p. 1537, §1; Act 2015-463, §1.)
(a) Every adult sex offender who is a resident of this state shall obtain from the Alabama State Law Enforcement Agency, and always have in his or her possession, a valid driver license or identification card issued by the Alabama State Law Enforcement Agency. If any adult sex offender is ineligible to be issued a driver license or official identification card, the Alabama State Law Enforcement Agency shall provide the adult sex offender some other form of identification card or documentation that, if it is kept in the possession of the adult sex offender, shall satisfy the requirements of this section. If any adult sex offender is determined to be indigent, an identification card, or other form of identification or documentation that satisfies the requirements of this section, shall be issued to the adult sex offender at no cost. Indigence shall be determined by order of the court prior to each issuance of a driver license or identification card.
(b) The adult sex offender shall obtain from the Alabama State Law Enforcement Agency a valid driver license or identification card bearing a designation that enables law enforcement officers to identify the licensee as a sex offender within 14 days of his or her initial registration following release, initial registration upon entering the state to become a resident, or immediately following his or her next registration after July 1, 2011.
(c) Whenever the Alabama State Law Enforcement Agency issues or renews a driver license or identification card to an adult sex offender, the driver license or identification card shall bear a designation that, at a minimum, enables law enforcement officers to identify the licensee as a sex offender.
(d) Upon obtaining or renewing a driver license or identification card bearing a designation that enables law enforcement officers to identify the licensee as a sex offender, the adult sex offender shall relinquish to the Alabama State Law Enforcement Agency any other driver license or identification card previously issued to him or her by a state motor vehicle agency which does not bear any designation enabling law enforcement officers to identify the licensee as a sex offender. Nothing in this section shall require an adult sex offender to relinquish, or preclude an adult sex offender from possessing, any form of identification issued to him or her by an entity other than a state motor vehicle agency, including, but not limited to, the United States, a federal department or agency, a municipal or county government entity, an educational institution, or a private employer.
(e) No adult sex offender shall mutilate, mar, change, reproduce, alter, deface, disfigure, or otherwise change the form of any driver license or identification card which is issued to the adult sex offender by the Alabama State Law Enforcement Agency and which bears any designation enabling law enforcement officers to identify the licensee as a sex offender. An adult sex offender having in his or her possession a driver license or identification card issued to him or her by the Alabama State Law Enforcement Agency bearing any designation enabling law enforcement officers to identify the licensee as a sex offender which has been mutilated, marred, changed, reproduced, altered, defaced, disfigured, or otherwise changed shall be prima facie evidence that he or she has violated this section.
(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §18; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) The state, upon conviction and prior to sentencing, may petition the sentencing court to enter an order declaring a person convicted in this state of a sexually violent or predatory offense as a sexually violent predator.
(b) At sentencing, a court may declare a person to be a sexually violent predator. For the purposes of this section, a person is a sexually violent predator if either of the following applies:
(1) The person is a repeat sexually violent offender.
(2) The person commits a sexually violent offense and is likely to engage in one or more sexually violent offenses in the future.
(c) A person is a repeat sexually violent offender for the purposes of this section if the person is convicted of more than one sexually violent offense.
(d) For the purposes of this section, a sexually violent offense is any of the following:
(1) A sex offense committed by forcible compulsion, violence, duress, menace, fear of immediate bodily injury to the victim or another person, or threatening to retaliate in the future against the victim or any other person.
(2) A sex offense involving a child.
(3) Any sex offense involving the enticement or solicitation of a minor for sexual purposes.
(4) Any sex offense that is predatory in nature.
(5) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (4), inclusive.
(6) Any other offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person’s offense should be considered a sexually violent offense.
(e) Any of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one or more sexually violent offenses:
(1) The person has been convicted two or more times, in separate criminal actions, of a sexually violent offense. For purposes of this subdivision, convictions that result from or are connected with the same act or result from offenses committed at the same time are one conviction.
(2) The person has been convicted of a sexually violent offense involving two or more victims regardless of when the acts or convictions occurred.
(3) Available information or evidence suggests that the person chronically commits offenses with a sexual motivation.
(4) The person has committed one or more offenses in which the person has tortured or engaged in ritualistic acts with one or more victims.
(5) The person has committed one or more sex offenses in which one or more victims were physically harmed to the degree that the particular victim’s life was in jeopardy.
(6) Any other evidence deemed relevant by the court.
(f) If the state so petitions, it shall present clear and convincing evidence that the sex offender is likely to engage in one or more future sexually violent offenses or is likely to engage in future predatory sex offenses.
(g) Any sex offender determined in any other state to be a sexually violent predator shall be considered a sexually violent predator in this state.
(h) A sexually violent predator, as a condition of the sex offender’s release from incarceration, shall be subject to electronic monitoring and be required to pay the costs of such monitoring, as set forth in Section 15-20A-20, for a period of no less than 10 years from the date of the sexually violent predator’s release. This requirement shall be imposed by the sentencing court as a part of the sexually violent predator’s sentence, as provided in subsection (c) of Section 13A-5-6 and Section 15-20A-20.
(Act 2011-640, p. 1569, §19.)
(a) An adult sex offender convicted of a sex offense involving a child may be restricted by his or her parole or probation officer from using a post office box or possessing any electronic media, including, but not limited to, a computer, tablet, gaming system, or phone, which allows access to the Internet.
(b) A person who knowingly violates a restriction imposed pursuant to subsection (a) shall be guilty of a Class C felony.
(Act 2026-544, §1.)
(a) The Alabama State Law Enforcement Agency shall implement a system of active and passive electronic monitoring that identifies the location of a monitored person and that can produce upon request reports or records of the person’s presence near or within a crime scene or prohibited area, the person’s departure from specified geographic limitations, or curfew violations by the offender. The Director of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement and administer this system of active electronic monitoring including establishing policies and procedures to notify the person’s probation and parole officer or other court-appointed supervising authority when a violation of his or her electronic monitoring restrictions has occurred.
(b) The Board of Pardons and Paroles or a court may require, as a condition of release on parole, probation, community corrections, court referral officer supervision, pretrial release, or any other community-based punishment option, that any person charged or convicted of a sex offense be subject to electronic monitoring as provided in subsection (a).
(c) Any person designated a sexually violent predator pursuant to Section 15-20A-19, upon release from incarceration, shall be subject to electronic monitoring supervised by the Board of Pardons and Paroles, as provided in subsection (a), for a period of no less than 10 years from the date of the sexually violent predator’s release. This requirement shall be imposed by the sentencing court as a part of the sentence of the sexually violent predator in accordance with subsection (c) of Section 13A-5-6.
(d) Any person convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4, upon release from incarceration, shall be subject to electronic monitoring supervised by the Board of Pardons and Paroles, as provided in subsection (a), for a period of no less than 10 years from the date of the sex offender’s release. This requirement shall be imposed by the sentencing court as a part of the sex offender’s sentence in accordance with subsection (c) of Section 13A-5-6.
(e) Anyone subject to electronic monitoring pursuant to this section, unless he or she is indigent, shall be required to reimburse the supervising entity a reasonable fee to defray supervision costs. The Board of Pardons and Paroles, the sentencing court, or other supervising entity shall determine the amount to be paid based on the financial means and ability to pay of the person, but such amount shall not exceed fifteen dollars ($15) per day.
(f) The supervising entity shall pay the Alabama State Law Enforcement Agency a fee, to be determined by the center, but not exceeding ten dollars ($10) per day, to defray monitoring equipment and telecommunications costs.
(g) It shall constitute a Class C felony for any person to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this section.
(h) The procurement of any product or services necessary for compliance with Act 2005-301, including any system of electronic monitoring, any equipment, and the building of a website, shall be subject to the competitive bid process.
(Act 2011-640, p. 1569, §20; Act 2015-463, §1.)
(a)(1) The Board of Pardons and Paroles or a court, as a condition of release on parole, probation, community corrections, court referral officer supervision, pretrial release, or any other community-based punishment option, may require an adult sex offender to receive sex offender treatment by a sex offender treatment program or by a provider approved by the Board of Pardons and Paroles. The treatment may include, but is not limited to, periodic polygraph examinations.
(2) Notwithstanding subdivision (1), a parole or probation officer may not prohibit an adult sex offender from using a computer or other electronic media with Internet access for the sole purpose of performing the adult sex offender’s job duties. A parole or probation officer may impose reasonable restrictions on an adult sex offender’s use of electronic media in the performance of his or her job duties, provided that the restrictions may not prevent the adult sex offender from completing the duties or his or her job.
(b) An adult sex offender subject to sex offender treatment programs pursuant to subsection (a) may not change a treatment provider without prior approval by the court or the Board of Pardons and Paroles.
(c) An adult sex offender subject to a sex offender treatment program or periodic polygraph examinations pursuant to this section, unless he or she is indigent, shall be required to pay the costs of any sex offender treatment program and the costs of administering the polygraph examination. The Board of Pardons and Paroles, the sentencing court, or other supervising entity shall determine the amount to be paid based on the person’s financial means and ability to pay.
(d) A polygraph examination conducted pursuant to this section shall be conducted by a licensed Alabama Polygraph Examiner with an advanced Post Conviction Sex Offender Testing certification in compliance with the American Polygraph Association. The polygraph examinations must include not less than two history, maintenance, or monitoring polygraph examinations in a calendar year and any additional polygraph examinations necessary to identify and discern the progression of therapy facilitated through the treatment provider. The Board of Pardons and Paroles, in coordination with the treatment provider, shall determine the frequency of the polygraph examinations.
(e) A person who fails to participate in any sex offender treatment required by this section shall be guilty of a Class C felony.
(Act 2026-544, §1.)
(a) Immediately upon the release of an adult sex offender or immediately upon notice of where the adult sex offender plans to establish, or has established a fixed residence, the following procedures shall apply:
(1) In the Cities of Birmingham, Mobile, Huntsville, and Montgomery, the chief of police shall notify all persons who have a legal residence within 1,000 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established as his or her fixed residence.
(2) In all other cities in Alabama with a resident population of 5,000 or more, the chief of police, or if none, then the sheriff of the county, shall notify all persons who have a legal residence within 1,500 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established his or her fixed residence.
(3) In all other municipalities with a resident population of less than 5,000, and in all unincorporated areas, the sheriff of the county in which the adult sex offender intends to reside shall notify all persons who have a legal residence within 2,000 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established as his or her fixed residence.
(b) A community notification flyer shall be made by regular mail or hand delivered to all legal residences required by this section and include registration information pursuant to Section 15-20A-8. In addition, any other method reasonably expected to provide notification may be utilized, including, but not limited to, posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared fixed residence of the released adult sex offender, publicizing the notice in a local newspaper, posting electronically, including the Internet, or other means available.
(c) Nothing in this chapter shall be construed as prohibiting the Secretary of the Alabama State Law Enforcement Agency, a sheriff, or a chief of police from providing community notification under the provisions of this chapter by regular mail, electronically, or by publication or periodically to persons whose legal residence is within the guidelines of this chapter or more than the applicable distance from the residence of an adult sex offender.
(d) When a homeless adult sex offender who lacks a fixed residence registers pursuant to Section 15-20A-12, notification shall be provided by posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available.
(Act 2011-640, p. 1569, §21; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) An adult sex offender shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender resides beginning with the first quarterly registration on or after July 1, 2011, and at each quarterly registration thereafter.
(b) Each time an adult sex offender terminates his or her residence and establishes a new residence, he or she shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender establishes a new residence.
(c) If, at the time of registration, the adult sex offender is unable to pay the registration fee, the registering agency may require the adult sex offender to pay the fee in installments not to exceed 90 days. The registering agency shall waive the registration fee if the adult sex offender has an order from the court declaring his or her indigence. In the event the adult sex offender is determined to be indigent, a periodic review of the adult sex offender’s indigent status shall be conducted by the court to determine if the offender is no longer indigent. Further, if the offender is determined to be indigent by the sentencing court, nothing in this chapter shall prohibit the offender from being placed on a payment plan where the entire fee is collected in total.
(d)(1) The fees collected under this section shall be appropriated to the registering agency to defray the costs associated with sex offender registration, verification, and notification.
(2) Any and all registration fees collected by the sheriff, or his or her designee, shall be deposited in the county general fund earmarked for use of the sheriff and shall be paid to the sheriff upon his or her request to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.
(3) The monies provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.
(4) Any and all registration fees collected by a chief of police, or his or her designee, shall be deposited into the municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of such agency or department and shall be used for any lawful purpose related to sex offender registration, notification, tracking or apprehension.
(5) The monies provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the chief of police or the operation of his or her office.
(e) Any person who willfully fails to pay the required registration fee at the time of registration, or at the time at which the installment payment is due, shall be guilty of a Class B misdemeanor. Upon a second or subsequent conviction for willful failure to pay the required registration fee, the adult sex offender shall be guilty of a Class A misdemeanor.
(Act 2011-640, p. 1569, §22; Act 2015-463, §1.)
(a) A sex offender required to register under this chapter may petition the court for relief from the residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating medical condition requiring substantial care or supervision or requires placement in a residential health care facility.
(b) A petition for relief pursuant to this section shall be filed in the civil division of the circuit court of the county in which the sex offender seeks relief from the residency restriction.
(c) The sex offender shall serve a copy of the petition by certified mail on all of the following:
(1) The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.
(2) The prosecuting attorney of the county where the sex offender seeks relief from the residency restriction.
(3) Local law enforcement where the sex offender was adjudicated or convicted if the sex offender was adjudicated or convicted in this state.
(4) Local law enforcement where the adult sex offender seeks relief from the residency restriction.
(d) The petition and documentation to support the request for relief shall include all of the following:
(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense.
(2) A list of each county, municipality, and jurisdiction where the sex offender is required to register or has ever been required to register.
(3) The sex offender’s criminal record and an affidavit stating that the sex offender has no pending criminal charges.
(4) Notarized documentation of the sex offender’s condition by his or her medical provider.
(5) A release allowing the prosecuting attorney or the court to obtain any other medical records or documentation relevant to the petition.
(6) Any other information requested by the court relevant to the petition.
(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.
(f) The court shall hold a hearing within 30 days of the filing of the petition. Upon request of the prosecuting attorney, and for good cause shown, the hearing may be continued to allow the prosecuting attorney to obtain any relevant records pertinent to the hearing. At the hearing the prosecuting attorney and the victim shall have the opportunity to be heard.
(g) The court shall issue an order releasing the sex offender from the residency restrictions pursuant to subsection (a) of Section 15-20A-11 if the court finds by clear and convincing evidence that the sex offender (1) is terminally ill, permanently immobile, has a debilitating medical condition requiring substantial care or supervision, or requires placement in a residential health care facility and (2) does not pose a substantial risk of perpetrating any future sexual offense. The court may relieve a sex offender from any residency restrictions indefinitely or for a specific period of time.
(h) The court shall send a copy of any order releasing a sex offender from residency restrictions pursuant to subsection (a) of Section 15-20A-11 to the prosecuting attorney and the Alabama State Law Enforcement Agency.
(i) If the court finds that the sex offender still poses a risk, has provided false or misleading information in support of the petition, or failed to serve the petition and supporting documentation upon the parties as provided for in subsection (c), then the petition shall be denied.
(j) If the petition for release is denied, the sex offender may not file a subsequent petition for at least 12 months from the date of the final order on the previous petition unless good cause is shown and the sex offender’s mental or physical condition has severely changed.
(k) If at any time the sex offender is no longer terminally ill, permanently immobile, or no longer suffers from a debilitating medical condition requiring substantial care or supervision or no longer requires placement in a residential health care facility, the sex offender shall immediately register in person with local law enforcement in each county of residence, update all required registration information, and comply with the residency restriction pursuant to subsection (a) of Section 15-20A-11.
(l) No sex offender petitioning the court under this section for an order terminating the sex offender’s obligation to comply with the residency restrictions is entitled to publicly funded experts or publicly funded witnesses.
(m) Upon request of the state, the court may reinstate the restrictions pursuant to subsection (a) of Section 15-20A-11 for good cause shown, including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (g) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.
(n) Notwithstanding any state or local rule assigning costs and fees for filing and processing civil and criminal cases, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(o) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.
(p) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §23; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) At disposition, sentencing, upon completion of probation, or upon completion of a term of registration ordered by the sentencing court, a sex offender may petition the court for relief from the requirements of this chapter resulting from any of the following offenses, provided that he or she meets the requirements set forth in subsection (b):
(1) Rape in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-62.
(2) Sodomy in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-64.
(3) Sexual abuse in the second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67.
(4) Sexual misconduct, as provided by Section 13A-6-65.
(5) Any crime committed in this state or any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (4), inclusive.
(6) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (5), inclusive.
(b) The sex offender shall prove by clear and convincing evidence all of the following to obtain relief under this section:
(1) The sex offense did not involve force and was only a crime due to the age of the victim.
(2) At the time of the commission of the sex offense, the victim was 13 years of age or older.
(3) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim.
(c) If the petition for relief is filed after sentencing or disposition, the petition for relief shall be filed as follows:
(1) If the adult or youthful offender sex offender was adjudicated or convicted in this state, the petition for relief shall be filed in the civil division of the circuit court where the adult or youthful offender sex offender was adjudicated or convicted.
(2) If the adult or youthful offender sex offender was adjudicated or convicted in a jurisdiction outside of this state, the petition for relief shall be filed in the civil division of the circuit court in the county in which the adult or youthful offender sex offender resides.
(3) If the juvenile sex offender was adjudicated in this state, the petition for relief shall be filed in the juvenile court.
(4) If the juvenile sex offender was adjudicated in a jurisdiction outside of this state, the petition for relief shall be filed in the juvenile court in the county in which the juvenile sex offender resides.
(d)(1) The sex offender shall serve a copy of the petition by certified mail on all of the following:
a. The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.
b. The prosecuting attorney of the county where the sex offender resides.
c. Local law enforcement where the sex offender was adjudicated or convicted, if the sex offender was adjudicated or convicted in this state.
d. Local law enforcement where the adult sex offender resides.
(2) Failure of the sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.
(e) The petition and documentation to support the request for relief shall include all of the following:
(1) The offense that the sex offender was initially charged with and the offense that the sex offender was adjudicated or convicted of, if different.
(2) A certified copy of the adjudication or conviction requiring registration including a detailed description of the sex offense, if the petition is filed upon completion of probation or a term of registration.
(3) Proof of the age of the victim and the age of the sex offender at the time of the commission of the sex offense.
(4) A list of each registering agency in each county and jurisdiction in which the sex offender is required to or has ever been required to register, if the petition is filed upon completion of probation or a term of registration.
(5) The sex offender’s criminal record and an affidavit stating that the sex offender has no pending criminal charges.
(6) Any other information requested by the court relevant to the request for relief.
(f) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.
(g) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(h) The court shall issue an order releasing the sex offender from some or all requirements of this chapter pursuant to subsection (i) if the court finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. In determining whether to grant relief, the court may consider any of the following:
(1) Recommendations from the sex offender’s probation officer, including, but not limited to, the recommendations in the presentence investigation report and the sex offender’s compliance with supervision requirements.
(2) Recommendations from the prosecuting attorney.
(3) Any written or oral testimony submitted by the victim or the parent, guardian, or custodian of the victim.
(4) The facts and circumstances surrounding the offense.
(5) The relationship of the parties.
(6) The criminal history of the sex offender.
(7) The protection of society.
(8) Any other information deemed relevant by the court.
(i) The court may grant full or partial relief from this chapter. If the court grants relief, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney and the Alabama State Law Enforcement Agency.
(j) If the court denies the petition, the sex offender may not petition the court again until 12 months after the date of the order denying the petition.
(k) A sex offender is not eligible for relief under this section if he or she was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.
(l) In addition to sex offenders adjudicated or convicted of a sex offense on or after July 1, 2011, a sex offender adjudicated or convicted of any of the offenses specified in subsection (a) prior to July 1, 2011, who meets the eligibility requirements specified in subsection (b), except as otherwise provided for in subsection (k), may petition the court for relief pursuant to this section.
(m) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, except when this relief is sought at the time of sentencing or disposition, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(n) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.
(o) Any person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §24; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) A sex offender may petition at sentencing, or if after sentencing, a sex offender may file a petition in the civil division of the circuit court in the county where the sex offender seeks to accept or maintain employment for relief from the employment restrictions pursuant to subsection (b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following sex offenses shall not be entitled to relief under this section:
(1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66.
(4) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.
(5) Sexual torture, as provided by Section 13A-6-65.1.
(6) Any sex offense involving a child.
(7) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.
(8) Any offense committed in any other jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (7), inclusive.
(b)(1) The sex offender shall serve a copy of the petition by certified mail on all of the following:
a. The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.
b. The prosecuting attorney of the county in which the sex offender seeks to accept or maintain employment.
c. Local law enforcement where the sex offender was adjudicated or convicted, if the sex offender was adjudicated or convicted in this state.
d. Local law enforcement where the sex offender seeks to accept or maintain employment.
(2) Failure of the sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.
(c) The petition and documentation to support the petition shall include all of the following:
(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense, if the petition is filed after sentencing.
(2) A list of each registering agency in each county and jurisdiction in which the sex offender is required to register or has ever been required to register, if the petition is filed after conviction.
(3) The sex offender’s criminal record and an affidavit stating that the sex offender has no pending criminal charges.
(4) The location where the sex offender is employed or intends to obtain employment.
(5) Justification as to why the court should grant relief.
(6) Any other information requested by the court relevant to the petition.
(d) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.
(e) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(f) The court shall issue an order releasing the sex offender from the requirements of the employment restrictions pursuant to subsection (b) of Section 15-20A-13 if the court finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. The court may consider any of the following factors in determining whether to grant relief:
(1) The nature of the offense.
(2) Past criminal history of the sex offender.
(3) The location where the sex offender is employed or intends to obtain employment.
(4) Any other information deemed relevant by the court.
(g) If the court grants the petition, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney where the petition was filed and to the Alabama State Law Enforcement Agency.
(h) A sex offender is not eligible for relief under this section if he or she was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.
(i) Upon request of the state, the court may reinstate the restrictions pursuant to subsection (b) of Section 15-20A-13 for good cause shown, including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (f) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.
(j) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, except when this relief is sought at the time of sentencing, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(k) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.
(l) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §25; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) Upon adjudication of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex offender treatment by a sex offender treatment program or provider approved by the Department of Youth Services.
(b) Upon completion of sex offender treatment, the juvenile sex offender shall be required to undergo a sex offender risk assessment. The treatment provider shall provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and the juvenile probation office not less than 60 days prior to the projected release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public or immediately upon completion of the risk assessment if the juvenile sex offender is not in a facility where the juvenile sex offender does not have unsupervised access to the public.
(c) Upon receiving the risk assessment, the juvenile probation office shall provide a copy of the risk assessment to the state and either the attorney for the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender. In addition, the juvenile probation office shall immediately notify the attorney for the juvenile sex offender and either the parent, guardian, or custodian of the pending release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public.
(d) Within 60 days of receiving the risk assessment, the court shall conduct a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.
(e) No juvenile sex offender shall be removed from the supervision of the juvenile court until such time as the juvenile sex offender has completed treatment, the treatment provider has filed a risk assessment with the sentencing court, and the sentencing court has conducted a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.
(Act 2011-640, p. 1569, §26; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense:
(1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness.
(3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior.
(4) Whether psychological or psychiatric profiles indicate a risk of recidivism.
(5) The relationship between the juvenile sex offender and the victim.
(6) The particular facts and circumstances surrounding the offense.
(7) The level of planning and participation in the offense.
(8) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.
(9) The number, date, and nature of prior offenses.
(10) The response to treatment of the juvenile sex offender.
(11) Recent behavior, including behavior while confined or while under supervision in the community.
(12) Recent threats against persons or expressions of intent to commit additional crimes.
(13) The protection of society.
(14) Any other factors deemed relevant by the court.
(b) If the sentencing court determines that the juvenile sex offender shall be subject to notification, the level of notification shall be applied as follows:
(1) If the risk of re-offense is low, notification that the juvenile sex offender will be establishing or has established a fixed residence shall be provided by local law enforcement to the principal of the public or nonpublic school where the juvenile sex offender will attend after release and, if a public school, to the local superintendent of education with jurisdiction over that school. This notification shall include the name, actual living address, date of birth of the juvenile sex offender, and a statement of the sex offense for which he or she has been adjudicated delinquent, including the age and gender of the victim. This information shall be considered confidential by the school and the local superintendent of education and be shared only with the teachers and staff with supervision over the juvenile sex offender. Whoever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a juvenile sex offender described in this section, upon conviction thereof, shall be guilty of a Class C felony within the jurisdiction of the juvenile court.
(2) If the risk of re-offense is moderate, notification that the juvenile sex offender will be establishing, or has established, a fixed residence shall be provided by local law enforcement to all schools and childcare facilities within three miles of the declared fixed residence of the juvenile sex offender. A community notification flyer shall be mailed by regular mail or hand delivered to all schools or childcare facilities as required by this subsection. No other method may be used to disseminate this information.
(3) If the risk of re-offense is high, the public shall receive notification as though the juvenile sex offender were an adult sex offender in accordance with Section 15-20A-21.
(c) The sentencing court shall enter an order stating whether the juvenile sex offender shall be subject to notification and the level of notification that shall be applied. The court shall provide a copy of the order to the prosecuting attorney and to the Alabama State Law Enforcement Agency.
(d) The determination of notification by the sentencing court shall not be subject to appeal.
(Act 2011-640, p. 1569, §27; Act 2015-463, p. 1506, §1; Act 2017-414, §5; Act 2018-528, §2.)
(a) A juvenile adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time of the offense, shall be subject to registration and notification, if applicable, for life:
(1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66.
(4) Sexual torture, as provided by Section 13A-6-65.1.
(5) Any offense committed in any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (4), inclusive.
(6) Any offense, committed in this state or any other jurisdiction, comparable to or more severe than aggravated sexual abuse as described in 18 U.S.C. § 2241(a) or (b).
(7) Any attempt or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.
(b) A juvenile sex offender subject to lifetime registration may petition the sentencing juvenile court for relief from registration and notification, if notification was ordered, 25 years after the juvenile sex offender is released from the offense subjecting the juvenile sex offender to registration in accordance with this chapter, pursuant to Section 15-20A-34.
(c) A juvenile sex offender who is not subject to lifetime registration pursuant to subsection (a), shall be subject to this chapter for a period of 10 years from the date of first registration.
(d) The sentencing court or the juvenile court where the juvenile sex offender resides, if the juvenile sex offender’s adjudication of delinquency occurred in another jurisdiction, may give a juvenile sex offender credit for the time the juvenile sex offender was registered in another jurisdiction.
(e) A juvenile sex offender who is subsequently adjudicated as a youthful offender sex offender or convicted of another sex offense during his or her registration period shall be considered solely an adult sex offender.
(Act 2011-640, p. 1569, §28; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) Prior to the release of a juvenile sex offender, the following shall apply:
(1) The juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall provide the required registration information to the responsible agency.
(2) If the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender declares a residence outside of the state, the responsible agency shall immediately notify the Alabama State Law Enforcement Agency and the designated state law enforcement agency of the state to which the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender has declared the residence. The notification shall include all information available to the responsible agency that would be necessary to identify and trace the juvenile sex offender, including, but not limited to, the risk assessment and a current photograph of the juvenile sex offender.
(3) If the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender declares a residence within this state, the responsible agency shall immediately notify the Alabama State Law Enforcement Agency, and local law enforcement in each county, in which the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender has declared the residence. The notification shall include all information available to the responsible agency that would be necessary to identify and trace the juvenile sex offender, including, but not limited to, the risk assessment and a current photograph of the juvenile sex offender.
(b) When a juvenile sex offender becomes the age of majority, the parent, guardian, or custodian of the juvenile sex offender shall no longer be subject to this section and the juvenile sex offender shall instead be solely responsible for all requirements pursuant to this section.
(c) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §29; Act 2015-463, §1.)
(a) Immediately upon release or immediately upon adjudication of delinquency if the juvenile sex offender is not committed, the juvenile sex offender and the parent, custodian, or guardian shall register all required registration information with local law enforcement in each county in which the juvenile sex offender resides or intends to reside.
(b) Whenever a juvenile sex offender establishes a new residence, the juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall immediately appear in person to register all required registration information with local law enforcement in each county of residence.
(c) If the parent, custodian, or guardian of a juvenile sex offender transfers or terminates the residence of the juvenile sex offender, or the custody of the juvenile sex offender is changed to a different parent, custodian, or guardian resulting in a transfer of residence, the original parent, custodian, or guardian with custody shall immediately notify local law enforcement in each county of residence.
(d) Whenever a juvenile sex offender changes any required registration information including, but not limited to, his or her school attendance status, the juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall immediately appear in person to update the required registration information with local law enforcement in each county in which the juvenile sex offender resides.
(e) A juvenile sex offender required to register for life pursuant to Section 15-20A-28 shall appear in person with his or her parent, custodian, or guardian to verify all required registration information during the birth month of the juvenile sex offender and every three months thereafter with the local law enforcement in each county of residence unless the juvenile sex offender has been relieved from registration requirements pursuant to Section 15-20A-34.
(f) A juvenile sex offender required to register for 10 years pursuant to Section 15-20A-28 shall appear in person with his or her parent, custodian, or guardian to verify all required registration information during the birth month of the juvenile sex offender and every year thereafter with local law enforcement in each county of residence unless the juvenile sex offender has been relieved from registration requirements pursuant to Section 15-20A-24.
(g) At the time of registration, the juvenile sex offender shall be provided a form explaining all duties and any restrictions placed on the juvenile sex offender. The juvenile sex offender and the parent, custodian, or guardian of the juvenile sex offender shall read and sign this form stating that he or she understands the duties and restrictions placed on the juvenile sex offender and his or her parent, custodian, or guardian.
(h) When a juvenile sex offender becomes the age of majority, the parent, custodian, or guardian of the juvenile sex offender shall no longer be subject to the requirements of this section, and the juvenile sex offender shall instead be solely responsible for the requirements in this section.
(i) A person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §30; Act 2015-463, p. 1506, §1; Act 2018-528, §2.)
(a) During the time a juvenile sex offender is subject to the registration requirements of this chapter, the juvenile sex offender shall not accept or maintain employment or a volunteer position at any school, childcare facility, or any other business or organization that provides services primarily to children.
(b) It shall be unlawful for the owner or operator of any childcare facility or any other organization that provides services primarily to children to knowingly provide employment or a volunteer position to a juvenile sex offender.
(c)(1) No juvenile sex offender shall accept or maintain employment or a volunteer position as a first responder.
(2) For the purposes of this section, a “first responder” means a paramedic, firefighter, rescue squad member, emergency medical technician, or other individual who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies, whether compensated or not.
(d) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §31; Act 2015-463, p. 1506, §1; Act 2017-414, p. 1337, §5; Act 2025-201, §1.)
(a) A juvenile sex offender or youthful offender sex offender, or equivalent thereto, who is not currently a resident of this state, shall immediately appear in person and register all required registration information upon establishing a residence, accepting employment or a volunteer position, or beginning school attendance in this state with local law enforcement in each county where the juvenile sex offender or youthful offender sex offender resides or intends to reside, accepts employment or a volunteer position, or begins school attendance.
(b) Within 30 days of initial registration, the juvenile sex offender or youthful offender sex offender shall provide each registering agency with a certified copy of his or her sex offense adjudication; however, a juvenile sex offender or youthful offender sex offender shall be exempt under this subsection if the court of adjudication seals the records and refuses to provide a certified copy or the records have been destroyed by the court.
(c) Whenever a juvenile sex offender enters this state to establish a residence, he or she shall be subject to the requirements of this chapter as it applies to juvenile sex offenders in this state.
(d) Whenever a youthful offender sex offender, or equivalent thereto, enters this state to establish a residence, he or she shall be subject to the requirements of this chapter as it applies to youthful offender sex offenders in this state.
(e) A juvenile sex offender or youthful offender sex offender entering this state to accept employment or a volunteer position or to begin school attendance, but not to establish a residence, must immediately appear in person and register any subsequent changes to the required registration information with local law enforcement in each county where he or she is required to register.
(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §32; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
Notwithstanding any other provision of law, the court records of juvenile sex offenders are to be retained, either in paper format or electronically, and not to be destroyed for a period of 75 years from the date of adjudication.
(Act 2011-640, p. 1569, §33.)
(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex offender is released from the custody of the Department of Youth Services or sentenced, if the juvenile sex offender was placed on probation, for the sex offense requiring registration pursuant to this chapter.
(b) The petition shall be filed as follows:
(1) If the juvenile sex offender was adjudicated delinquent of a sex offense in this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated delinquent.
(2) If the juvenile sex offender was adjudicated delinquent of a sex offense in a jurisdiction outside of this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender resides.
(c)(1) The juvenile sex offender shall serve a copy of the petition by certified mail on all of the following:
a. The prosecuting attorney in the county of adjudication, if the juvenile sex offender was adjudicated delinquent in this state.
b. The prosecuting attorney of the county in which the juvenile sex offender resides.
c. Local law enforcement where the juvenile sex offender was adjudicated delinquent, if the juvenile sex offender was adjudicated delinquent in this state.
d. Local law enforcement where the juvenile sex offender resides.
(2) Failure of the juvenile sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.
(d) The petition and documentation to support the petition shall include all of the following:
(1) A certified copy of the adjudication of delinquency requiring registration.
(2) Documentation of the juvenile sex offender’s release date or sentencing date if the juvenile sex offender was placed on probation.
(3) Evidence that the juvenile sex offender has completed a treatment program approved by the Department of Youth Services.
(4) A list of each county and jurisdiction in which the juvenile sex offender is required to register or has ever been required to register.
(5) The juvenile sex offender’s criminal record and an affidavit stating that the juvenile sex offender has no pending criminal charges.
(6) Any other information requested by the court relevant to the petition.
(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the offense for which the juvenile sex offender is required to register of the petition and of the dates and times of any hearings or other proceedings in connection with the petition.
(f) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(g) The court may consider any of the following factors to determine whether to grant relief:
(1) Recommendations from the juvenile sex offender’s probation officer, including, but not limited to, the recommendations in the predisposition report and the juvenile sex offender’s compliance with supervision requirements.
(2) Recommendations from the juvenile sex offender’s treatment provider, including, but not limited to, whether the juvenile sex offender successfully completed a treatment program approved by the Department of Youth Services.
(3) Recommendations from the prosecuting attorney.
(4) Any written or oral testimony submitted by the victim or the parent, custodian, or guardian of the victim.
(5) The facts and circumstances surrounding the offense including, but not limited to, the age and number of victims, whether the act was premeditated, and whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.
(6) Any criminal behavior of the juvenile sex offender before and after the adjudication of delinquency that requires reporting.
(7) The stability of the juvenile sex offender in employment and housing and his or her community and personal support system.
(8) The protection of society.
(9) Any other factors deemed relevant by the court.
(h) If the court is satisfied by clear and convincing evidence that the juvenile sex offender is rehabilitated and does not pose a threat to the safety of the public, the court shall grant relief.
(i) The court shall provide a copy of any order granting relief to the prosecuting attorney and to the Alabama State Law Enforcement Agency.
(j) Upon receipt of a copy of an order granting relief as provided in this section, the Alabama State Law Enforcement Agency shall remove the juvenile sex offender from the public registry website. If the registering agencies maintain a local registry of sex offenders who are registered with their agencies, the registering agencies shall remove the registration information of the juvenile sex offender from the local sex offender public registry, if notification applied.
(k) If the court denies the petition for relief, the juvenile sex offender shall wait at least 12 months from the date of the order denying the petition before petitioning the court again.
(l) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, the fee for filing the petition for relief under this section shall be two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(m) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.
(n) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §34; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
For the purposes of this chapter, a youthful offender sex offender who has not been previously adjudicated or convicted of a sex offense and who has not yet attained the age of 18 at the time of the offense shall be considered a juvenile sex offender. A youthful offender sex offender who has been previously adjudicated or convicted of a sex offense as a juvenile sex offender, youthful offender sex offender, or adult sex offender, or who has attained the age of 18 at the time of the offense shall be treated as an adult sex offender convicted of a sex offense. A youthful offender sex offender who is treated as a juvenile sex offender for purposes of this chapter may not be released from the jurisdiction of the sentencing court until the youthful offender sex offender has undergone sex offender treatment and a risk assessment as required by Section 15-20A-26.
(Act 2011-640, p. 1569, §35; Act 2015-463, §1.)
(a) No sex offender shall change his or her name unless the change is incident to a change in the marital status of the sex offender or is necessary to effect the exercise of the religion of the sex offender. Such a change shall be immediately reported to local law enforcement in each county in which the sex offender is required to register. If the sex offender is subject to the notification provisions of this chapter, the reporting of a name change under this section shall invoke notification.
(b) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §36; Act 2015-463, §1.)
(a) When a sex offender declares, and the county is notified that a sex offender intends to reside, maintain employment or a volunteer position, or attend school in the county and the sex offender fails to appear for registration, the county that received the notice shall immediately inform the sheriff of the county that provided the notice that the sex offender failed to appear for registration.
(b) When a sex offender fails to register or cannot be located, an effort shall immediately be made by the sheriff in the county in which the sex offender failed to register or is unable to be located to determine whether the sex offender has absconded.
(c) If no determination can be made as to whether the sex offender has absconded, the sheriff of the county in which the sex offender failed to appear for registration shall immediately notify the Alabama State Law Enforcement Agency and the United States Marshals Service that the sex offender cannot be located and provide any information available to determine whether the sex offender absconded to the United States Marshals Service.
(d) Once a determination is made that the sex offender has absconded, the following shall occur:
(1) The sheriff of the county in which the sex offender has absconded shall immediately obtain a warrant for the arrest of the sex offender.
(2) The sheriff of the county in which the sex offender has absconded shall immediately notify the United States Marshals Service and the Alabama State Law Enforcement Agency.
(3) The Alabama State Law Enforcement Agency shall immediately update its public registry website to reflect that the sex offender has absconded.
(4) The Alabama State Law Enforcement Agency shall immediately notify the Criminal Justice Information Center, who shall immediately notify the National Criminal Information Center.
(5) The Alabama State Law Enforcement Agency shall immediately notify the National Sex Offender Registry to reflect that the sex offender has absconded and enter the information into the National Crime Center Wanted Person File.
(e) A sex offender who knowingly fails to appear for registration after declaring his or her intent to reside, be employed, or attend school in a county without notifying local law enforcement in that county that he or she will no longer establish a residence, maintain employment or a volunteer position, or attend school, shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §37; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) If a sex offender escapes from a state or local correctional facility, juvenile detention facility, or any other facility that would not permit unsupervised access to the public, the responsible agency, within 24 hours, shall notify the Alabama State Law Enforcement Agency, local law enforcement who had jurisdiction at the time of adjudication or conviction of the sex offense, the sheriff of the county and each chief of police of every municipality in the county where the sex offender escaped, and the United States Marshals Service.
(b) The responsible agency shall provide each law enforcement agency listed in subsection (a) with the following information:
(1) The name and aliases of the sex offender.
(2) The amount of time remaining to be served by the sex offender.
(3) The nature of the crime for which the sex offender was incarcerated.
(4) A copy of the fingerprints and current photograph of the sex offender and a summary of the criminal record of the sex offender.
(Act 2011-640, p. 1569, §38; Act 2015-463, §1.)
(a) A person is guilty of the crime of harboring, assisting, concealing, or withholding information about a sex offender if the person has knowledge or reason to believe that a sex offender is required to register and the person assists the sex offender in avoiding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter if the person does any of the following:
(1) Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the sex offender.
(2) Allows a sex offender to reside at his or her residence to avoid registration if the address is not the address the sex offender listed as his or her residence address.
(3) Warns a sex offender that a law enforcement agency is attempting to locate the sex offender.
(4) Provides the sex offender with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension.
(5) Conceals, attempts to conceal, or assists another in concealing or attempting to conceal the sex offender.
(6) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.
(b) For the purposes of this section, the term law enforcement agency includes, but is not limited to, the Board of Pardons and Paroles.
(c) Knowingly harboring, assisting, or concealing a sex offender is a Class C felony.
(Act 2011-640, p. 1569, §39; Act 2015-463, §1.)
(a) It is the intent of the Legislature that a duplicate of a certified copy of a public record be admissible and is not dependent on the original custodian of record to gain admissibility. Further, the Legislature finds that the certification by the clerk of the court and the certification by the Alabama State Law Enforcement Agency assures reliability and trustworthiness.
(b) The clerk of the court shall forward a certified copy of a sex offender’s adjudication or conviction to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication or conviction of any of the offenses listed in Section 15-20A-5.
(c) Any state, county, or municipal law enforcement agency, the Attorney General, or a district attorney may request a duplicate of the sex offender’s adjudication or conviction from the Alabama State Law Enforcement Agency.
(d) Upon the request of any of the agencies listed in subsection (c), the custodian of records, or its designee, of the Alabama State Law Enforcement Agency shall immediately certify all of the following:
(1) That the Alabama State Law Enforcement Agency received the certified copy of the sex offender’s conviction or adjudication from the clerk of the court pursuant to subsection (b).
(2) That the original certified copy received from the clerk of the court remains in the possession of the Alabama State Law Enforcement Agency.
(3) That no changes or alterations have been made to the original certified copy.
(e) Upon certification by the Alabama State Law Enforcement Agency, as provided in subsection (d), the Alabama State Law Enforcement Agency shall immediately forward the certified documents to the requesting agency.
(f) Notwithstanding any other law or rule of evidence, a certified copy of the record of adjudication or conviction as defined in subsection (b), provided by the Alabama State Law Enforcement Agency, as provided in subsection (d), shall be proof of the sex offender’s adjudication or conviction of a sex offense and shall be admissible into evidence, without further proof, in any court in this state.
(g) For the purpose of this section, the term conviction or adjudication shall mean a final conviction or adjudication, regardless of whether the conviction or adjudication is on appeal.
(h) Any clerk of a court, who willfully or intentionally fails to report any such conviction or adjudication in his or her court shall be guilty of a Class A misdemeanor.
(Act 2011-640, p. 1569, §40; Act 2015-463, §1.)
(a) After a sex offender’s conviction or adjudication, and upon request of the Attorney General’s Office, the office of the prosecuting attorney or the clerk of the court shall immediately forward the victim’s name and most current address, if available, to the Attorney General’s Office of Victim Assistance.
(b) When providing notice of a parole hearing, the Board of Pardons and Paroles shall provide the Attorney General’s Office of Victim Assistance with any victim information on victims whose offenders are subject to this chapter.
(c) Upon request of the victim, the Attorney General’s Office of Victim Assistance shall send a notice to the victim notifying the victim of the pending release of the sex offender and the location at which the sex offender intends to reside. This request by the victim shall be made electronically or in writing to the Attorney General’s Office of Victim Assistance.
(d) It shall be the responsibility of the victim to inform the Attorney General’s Office of Victim Assistance of any change to the victim’s address or any other pertinent information. If the notice sent by the Attorney General’s Office of Victim Assistance is returned as undeliverable, no further action shall be required of the Attorney General’s Office of Victim Assistance.
(Act 2011-640, p. 1569, §41.)
(a) Any jurisdiction or agency responsible for registering a sex offender shall immediately forward all required registration information and any changes to the required registration information received to the Alabama State Law Enforcement Agency in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association, and the Alabama State Law Enforcement Agency. The advisory board members shall not receive any compensation or reimbursement for serving on the advisory board.
(b) Upon notification or discovery of the death of a sex offender, the registering agency shall immediately notify the Alabama State Law Enforcement Agency.
(c) The Alabama State Law Enforcement Agency shall immediately enter all registration information received into its sex offender database.
(d) All information received by the Alabama State Law Enforcement Agency shall be immediately forwarded to the following by the Alabama State Law Enforcement Agency:
(1) The National Criminal Information Center or any other law enforcement agency for any lawful criminal justice purpose.
(2) The Sex Offender Registration and Notification Act Exchange Portal.
(3) The National Sex Offender Registry.
(4) Each county and municipality where the sex offender resides, is an employee, or is a student.
(5) Each county and municipality from or to which a change of residence, employment, or student status occurs.
(6) The campus police in each county or jurisdiction where the sex offender is a student.
(7) The United States Marshals Service, if the sex offender is terminating residence in a jurisdiction to relocate to a foreign country.
(8) The Attorney General’s Office of Victim Assistance.
(e) Upon request, all registration information shall be available in electric form to all federal, state, county, and municipal law enforcement agencies, prosecuting attorneys, probation officers, and any agency responsible for conducting employment-related background checks under the National Child Protection Act of 1993 (42 U.S.C. §5119a).
(f) No existing state laws, including, but not limited to, statutes that would otherwise make juvenile and youthful offender records confidential, shall preclude the disclosure of any information requested by a responsible agency, a law enforcement officer, a criminal justice agency, the Office of the Attorney General, or a prosecuting attorney for purposes of administering, implementing, or enforcing this chapter. No state law shall preclude the disclosure of any information concerning a juvenile sex offender or youthful offender sex offender to the Department of Human Resources for the purpose of conducting an assessment with regard to a person as provided by law.
(g) The sheriff of each county shall maintain a register or roster of the names of all persons registered by him or her pursuant to this chapter. The information contained in the register or roster shall be made available, upon request, to all federal, state, county, and municipal law enforcement agencies, prosecuting attorneys, or probation officers for the administration, implementation, or enforcement of this chapter.
(h) Notwithstanding any other provision of law to the contrary, a sex offender’s Internet identifiers as described in subdivision (9) of subsection (a) of Section 15-20A-7, and a sex offender’s Internet service providers as described in subdivision (18) of subsection (a) of Section 15-20A-7, may only be disclosed pursuant to federal law or to law enforcement for the purpose of administering, implementing, or enforcing this chapter or to prevent or investigate a crime by the sex offender based on an articulable basis for suspicion. In no event shall such information be disclosed other than for one of the purposes identified in the preceding sentence. A violation of this subsection shall constitute a Class A misdemeanor.
(Act 2011-640, p. 1569, §42; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
(a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect.
(b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met:
(1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim.
(2) At the time of the commission of the sex offense, the victim was 13 years of age or older.
(3) The sex offense did not involve force and was only a crime due to the age of the victim.
(Act 2011-640, p. 1569, §43; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
AMENDED BY ACTS 2026-375 AND 2026-544, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules establishing an administrative hearing for persons who are only made subject to this chapter pursuant to subdivision (35) of Section 15-20A-5.
(b) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules setting forth a listing of offenses from other jurisdictions that are to be considered criminal sex offenses under subdivision (35) of Section 15-20A-5. Thereafter, any individual convicted of any offense set forth in the listing shall immediately be subject to this chapter and shall not be entitled to an administrative hearing as provided in subsection (a).
(c) The Secretary of the Alabama State Law Enforcement Agency may adopt any rules as are necessary to implement and enforce this chapter.
(Act 2011-640, p. 1569, §44; Act 2015-463, p. 1506, §1; Act 2018-528, §4; Act 2019-465, §1.)
(a) A sex offender who is convicted of any offense specified in this chapter, in addition to any imprisonment or fine, or both, and in addition to any other fees, costs, and assessments, imposed for the commission of the underlying offense, shall be punished by a fine of two hundred fifty dollars ($250).
(b) The fines collected in subsection (a) shall be distributed as follows:
(1) Fifty dollars ($50) to the Highway Traffic Safety Fund in the Alabama State Law Enforcement Agency.
(2) Twenty-five dollars ($25) to the Circuit Clerk’s Restitution Recovery Fund.
(3) Twenty-five dollars ($25) to the State General Fund.
(4) Fifty dollars ($50) to the District Attorney’s Fund or the fund prescribed by law for district attorney fees.
(5) Fifty dollars ($50) to the Office of Prosecution Services for the Alabama Computer Forensics Labs.
(6) Fifty dollars ($50) to the law enforcement agency who requested the warrant subject to the following:
a. If the warrant was requested by the sheriff, or his or her designee, any and all monies collected under this subsection shall be deposited in the county general fund earmarked for use by the sheriff and shall be paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.
b. The monies provided in this subdivision and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.
c. If the warrant was requested by a municipality, any proceeds from this subdivision shall be deposited into the municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of such agency or department and shall be used for any lawful purpose related to sex offender registration notification, tracking, or apprehension. The monies provided in this paragraph shall in no way diminish or take the place of any other reimbursement or other source of income established for the chief of police for the operation of his or her office.
(c) Fines ordered pursuant to this section shall not be waived, suspended, or remitted.
(Act 2011-640, p. 1569, §45; Act 2015-463, §1.)
(a) The two hundred dollar ($200) filing fee paid by a sex offender who petitions the court for relief pursuant to Sections 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, or 15-20A-34 shall be distributed as follows:
(1) Fifty dollars ($50) to the Circuit Clerk’s Restitution Recovery Fund.
(2) Fifty dollars ($50) to the sheriff of the county subject to the following:
a. Any and all monies collected under this subdivision shall be deposited in the county general fund earmarked for use by the sheriff and shall be paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.
b. The monies provided in this subdivision and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.
(3) Fifty dollars ($50) to the District Attorney’s Fund or the fund prescribed by law for district attorney fees.
(4) Fifty dollars ($50) to Alabama Network of Children’s Advocacy Centers.
(b) The filing fee shall not be remitted.
(Act 2011-640, p. 1569, §46; Act 2015-463, §1.)
Nothing in this chapter shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions based on the performance of any duty imposed by this chapter or the failure to perform any duty imposed by this chapter.
(Act 2011-640, p. 1569, §47.)
(a) For the purposes of Sections 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal sex offense involving a child shall mean a conviction for any sex offense in which the victim was a child under the age of 12 or any offense involving child pornography.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child’s attorney for the juvenile sex offender, of the pending release of the sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26.
(c) For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original jurisdiction to try any individual who is 18 years of age or older and violates any of the juvenile criminal sex offender provisions of subdivision (1) of subsection (b) of Section 15-20A-27.
(d) For the purpose of Section 13A-5-6(c), an offender is designated a sexually violent predator pursuant to Section 15-20A-19.
(e) For the purpose of Sections 36-18-24(b)(6) and 36-18-25(c)(1), sexual offenses shall include, but not be limited to, those offenses pursuant to Section 15-20A-5.
(f) For the purpose of Section 32-6-49.24, a person who is registered as a sex offender or convicted of a crime that requires registration as a sex offender is a person who is required to register as a sex offender pursuant to this chapter. A crime or offense that requires registration as a sex offender shall include, but not be limited to, those offenses pursuant to Section 15-20A-5.
(g) For the purpose of Sections 38-13-2 and 38-13-4, a sex crime shall also include any offense listed in this chapter pursuant to Section 15-20A-5.
(Act 2011-640, p. 1569, §48.)
Any person who is imprisoned or restrained of his liberty in the State of Alabama on any criminal charge or accusation or under any other pretense whatever, except persons committed or detained by virtue of process issued by a court of the United States or by a judge thereof in cases of which such courts have exclusive jurisdiction under the laws of the United States or have acquired exclusive jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas corpus according to the provisions of this chapter to inquire into the cause of such imprisonment or restraint.
(Code 1852, §709; Code 1867, §4260; Code 1876, §4936; Code 1886, §4761; Code 1896, §4812; Code 1907, §7007; Code 1923, §4305; Code 1940, T. 15, §1.)
Any person confined in jail for failing to enter into an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this chapter; but such writ can be heard only by a judge of the circuit court, who may discharge the applicant, remand him to jail or reduce the amount of the undertaking as may seem right. If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon the entering into the undertaking in the sum fixed by such judge.
(Code 1896, §4813; Code 1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)
Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar a second application alleging that such person has been restored to sanity.
(Code 1897, §4814; Code 1907, §7009; Code 1923, §4307; Code 1940, T. 15, §3.)
Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief and must state, in substance, the name of the person on whose behalf the application is made, that he is imprisoned or restrained of his liberty in the county, the place of such imprisonment, if known, the name of the officer or person by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the petition or the petition must allege that a copy thereof has been demanded and refused or must show some sufficient excuse for the failure to demand a copy.
(Code 1852, §§710, 711; Code 1867, §§4261, 4262; Code 1876, §§4937, 4938; Code 1886, §4762; Code 1896, §4815; Code 1907, §7010; Code 1923, §4308; Code 1940, T. 15, §4.)
If the name of the person on whose behalf an application for a writ of habeas corpus is made or the officer or person by whom he is imprisoned or detained is uncertain or unknown, he may be described in any way that is sufficient to identify him.
(Code 1852, §712; Code 1867, §4263; Code 1876, §4939; Code 1886, §4763; Code 1896, §4816; Code 1907, §7011; Code 1923, §4309; Code 1940, T. 15, §5.)
(a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an indictment for felony, the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order of the supreme court or the circuit court, other than an indictment for felony, the petition must be addressed to the nearest circuit court judge.
(c) In all other cases, it may be addressed to any one of them, and when the person is confined in any other place than the county jail or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit court judge.
(Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code 1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)
(a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is absent, is incapable of acting, has refused to grant the writ, has refused to grant the writ returnable within five days or has granted the writ returnable in five days but has failed or refused to rule therein within five days from the return date, it may be addressed to any other circuit court judge. In such case, before the writ is granted, proof must be made, either by the oath of the applicant or other sufficient evidence, of the particular facts which justify such address.
(b) The jurisdiction of the nearest circuit court judge shall be ousted when the petition is filed with any other circuit court judge.
(Code 1852, §714; Code 1867, §4265; Code 1876, §4941; Code 1886, §4765; Code 1896, §4818; Code 1907, §7013; Code 1923, §4311; Code 1940, T. 15, §7; Acts 1951, No. 925, p. 1574.)
(a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from the petition itself or from the documents thereunto annexed that the person imprisoned or restrained is not entitled to the benefit of the writ under the provisions of this chapter.
(b) When the person is confined in the penitentiary, the writ must be made returnable before the circuit court of the county in which the convict is confined, but if the writ is granted more than 10 days before the time fixed for the holding of such court, it must be made returnable before the nearest circuit court judge. When a person is a patient or confined in any hospital in the state, the writ must be made returnable before the circuit court of the county in which the hospital is located in which he is so confined. In all other cases, the writ must be made returnable before the officer by whom it is granted.
(Code 1852, §713; Code 1867, §4266; Code 1876, §4942; Code 1886, §4766; Code 1896, §4819; Code 1907, §7014; Code 1923, §4312; Code 1940, T. 15, §8.)
A writ of habeas corpus may be, in substance, as follows:
The State of Alabama,)
_________ County.)
To the sheriff of _______ County (or other person by whom the party is imprisoned or
restrained): You are hereby commanded to have the body of A. B. alleged to be detained by you, by whatsoever name the said A. B. is called or charged, with the cause of such detention, before C. D., judge of the circuit court (or other officer, as required by Section 15-21-8), on _____ at _____ (specifying the time and place, or immediately after the receipt of this writ, as the case may be), to do and receive what shall then and there be considered concerning the said A. B.
Dated this ____ day of __, 20. (Signed by the officer, with his official title.)
(Code 1852, §716; Code 1867, §4267; Code 1876, §4943; Code 1886, §4767; Code 1896, §4820; Code 1907, §7015; Code 1923, §4313; Code 1940, T. 15, §9.)
A writ of habeas corpus must not be disobeyed on account of any want of form or any misdescription of the person to whom it is addressed, and it must be presumed to have been addressed to the person on whom it is served, notwithstanding any mistake in the name or address.
(Code 1852, §717; Code 1867, §4268; Code 1876, §4944; Code 1886, §4768; Code 1896, §4821; Code 1907, §7016; Code 1923, §4314; Code 1940, T. 15, § 10.)
If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned or detained by virtue of any process under which any other person has an interest in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon an order requiring the applicant, or someone else for him, to give notice to such person, or to his attorney, of the issue of the writ and of the time and place at which it is returnable, in order that he may, if he thinks proper, appear and object to the discharge of the party who is imprisoned. If such notice is not given, when the party who is entitled to it is within 50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822; Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)
If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned and detained on any criminal charge or accusation, the officer issuing the writ must endorse thereon an order requiring the applicant, or someone else for him, to give notice to the district attorney of the circuit or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and of the time and place at which it is returnable. If such notice is not given when the district attorney or other person entitled to it is within 50 miles of the place of examination, the party who is imprisoned must not be discharged. But, if the party is charged with an offense which is bailable and he waives an examination into the facts, the judge may fix the amount of bail, without notice to the district attorney or prosecutor, and in so doing, he must act on the presumption that the offense is of the highest grade.
(Code 1852, §719; Code 1867, §4270; Code 1876, §4946; Code 1886, §4770; Code 1896, §4823; Code 1907, §7018; Code 1923, §4317; Code 1940, T. 15, §13.)
(a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable.
(b) Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate.
(c) If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ.
(Code 1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771, 4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923, §§4318, 4325; Code 1940, T. 15, §§14, 21.)
(a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable.
(b) Such subpoenas must be directed to the sheriff or any constable of the county in which the witness resides and must be executed and returned as in other cases.
(Code 1852, §721; Code 1867, §4272; Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319; Code 1940, T. 15, §15.)
A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued or in which the person on whose behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom it is directed and showing the original, if demanded. If such person cannot be found, conceals himself or refuses admittance to the officer, the writ may be served by leaving a copy at the place where the party is confined with any person of full age who, for the time being, has charge of the party or by posting it in a conspicuous place on the outside of the house or building in which the party is confined.
(Code 1852, §722; Code 1867, §4273; Code 1876, §4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940, T. 15, §16.)
(a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified if practicable; and, if no day is specified therein and the place to which the return is to be made is not more than 30 miles from the place where the party is imprisoned or detained, the return must be made within two days after service, but if more than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days after service.
(b) The return must be signed by the person making it and be verified by his oath, unless he is a sworn public officer and makes the return in his official capacity, and it must state, plainly and unequivocally whether or not he has the party in his custody or power or under his restraint and, if so, by what authority and the cause thereof, setting out the same fully, together with a copy of the writ, warrant or other written authority, if any; and, if he has had the party in his custody or power or under his restraint at any time before or after the date of the writ but has transferred such custody or restraint to another, the return must state to whom, at what time, for what cause and by what authority such transfer was made.
(Code 1852, §§723, 724; Code 1867, §§4274, 4275; Code 1876, §§4950, 4951; Code 1886, §§4774, 4775; Code 1896, §§4827, 4828; Code 1907, §§7022, 7023; Code 1923, §§4321, 4322; Code 1940, T. 15, §§17, 18.)
At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according to the command of the writ, and the original warrant, writ or other written authority under which he was detained; but, if from sickness or infirmity the party cannot be produced without danger, that fact must be stated in the return, verified by oath and, if required, established by other sufficient evidence.
(Code 1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code 1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)
When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the court or judge before whom the writ is returnable may proceed to decide on the return as if the party had been produced if satisfied of such sickness or infirmity, may proceed to the place where he is imprisoned or detained and there make the examination or may adjourn the examination to another time.
(Code 1852, §726; Code 1867, §4277; Code 1876, §4953; Code 1886, §4777; Code 1896, §4830; Code 1907, §7025; Code 1923, §4324; Code 1940, T. 15, §20.)
(a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege any other facts which may be material in the case.
(b) In a summary way, the court or judge may examine into the cause of the imprisonment or detention, may hear the evidence adduced and may adjourn the examination from time to time as the circumstances of the case may require and, in the meantime, remand the party or commit him to the custody of the sheriff of the county or place him under such other custody as his age or other circumstances may require, or, if the character of the charge authorizes it, take bail from him in a sufficient amount for his appearance from day to day until judgment is given.
(c) If the party fails to appear, as required by his undertaking, an entry of forfeiture must be endorsed thereon, signed by the judge and returned to the circuit court of the county in which the examination is had; and the same proceedings must be thereon had in such court as if the undertaking had been taken in such court, the endorsement of forfeiture being presumptive evidence of that fact.
(Code 1852, §§728, 729; Code 1867, §§4279, 4280; Code 1876, §§4955, 4956; Code 1886, §§4779, 4780; Code 1896, §§4832, 4833; Code 1907, §§7027, 7028; Code 1923, §§4326, 4327; Code 1940, T. 15, §§22, 23.)
Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a court or judge of the United States in a case of which such court or judge has exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy of the United States or, being subject to the rules and articles of war is confined by anyone legally acting by authority thereof, or is in custody for any public offense committed in any other state or territory for which, by the Constitution and laws of the United States, he should be delivered up to the authority of such state or territory or that he is otherwise legally detained, he must be remanded.
(Code 1852, §730; Code 1867, §4281; Code 1876, §4957; Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923, §4328; Code 1940, T. 15, §24.)
(a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which is bailable, he must be admitted to bail on offering sufficient bail.
(b) If sufficient bail is not offered, the amount of bail required must be endorsed on the warrant, and the court to which he is required to appear, and the detained party may be afterwards discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section must be transmitted by him to the clerk of the court before which the party is bound to appear by the first day of the next succeeding session and may be forfeited, and the same proceedings thereon had, as against other bail in criminal cases.
(Code 1852, §§731, 733; Code 1867, §§4282, 4284; Code 1876, §§4958, 4960; Code 1886, §§4782, 4783; Code 1896, §§4835, 4836; Code 1907, §§7030, 7031; Code 1923, §§4329, 4330; Code 1940, T. 15, §§25, 26.)
On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order, judgment, decree or process of any court legally constituted, nor into the justice or propriety of any commitment for contempt made by a court, officer or body according to law and charged in such commitment.
(Code 1852, §734; Code 1867, §4285; Code 1876, §4961; Code 1886, §4784; Code 1896, §4837; Code 1907, §7032; Code 1923, §4331; Code 1940, T. 15, §27.)
If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where:
(1) The jurisdiction of such court has been exceeded, either as to matter, place, sum or person;
(2) Though the original imprisonment was lawful, the party has become entitled to his discharge by reason of some subsequent act, omission or event;
(3) The process is void in consequence of some defect in matter or substance required by law;
(4) The process, though in proper form, was issued in a case or under circumstances not allowed by law;
(5) The process is not authorized by any judgment, order or decree nor by any provision of the law; or
(6) The person who has the custody of him under any order or process is not the person authorized by law to detain him.
(Code 1852, §735; Code 1867, §4286; Code 1876, §4962; Code 1886, §4785; Code 1896, §4838; Code 1907, §7033; Code 1923, §4332; Code 1940, T. 15, §28.)
In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of such an offense, although his commitment was irregular, he may be remanded to the custody or restraint from which he was taken if the person under whose custody or restraint he was is legally entitled thereto; but, if not so entitled, he must be committed to the custody or restraint of the proper officer or person.
(Code 1852, §736; Code 1867, §4287; Code 1876, §4963; Code 1886, §4786; Code 1896, §4839; Code 1907, §7034; Code 1923, §4333; Code 1940, T. 15, §29.)
When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, unless he is indicted therefor or, after a discharge for defect of proof, is again arrested on sufficient proof and committed by legal process.
(Code 1852, §737; Code 1867, §4288; Code 1876, §4964; Code 1886, §4787; Code 1896, §4840; Code 1907, §7035; Code 1923, §4334; Code 1940, T. 15, §30.)
Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal and proper cause, warrant or other process shall be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible in a civil action for any damages the party may have sustained.
(Code 1852, §738; Code 1867, §4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923, §4335; Code 1940, T. 15, §31.)
Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains any prisoner, either to the prisoner himself or to any other person who applies for the same on his behalf, for six hours after demand is made, forfeits to the prisoner $200.00, and is also guilty of a misdemeanor, on conviction of which he shall be fined not less than $50.00 nor more than $500.00; but no officer is required to deliver more than two copies of such order, writ, warrant or process.
(Code 1852, §739; Code 1867, §4290; Code 1876, §4966; Code 1886, §4789; Code 1896, §4842; Code 1907, §7037; Code 1923, §4336; Code 1940, T. 15, §32.)
(a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect on the part of the person to whom it is directed, to proceed forthwith against him by process of attachment, as for contempt, to compel obedience to the writ and to punish him for such contempt.
(b) When such attachment is issued against the sheriff or his deputy, it may be directed to the coroner or to any constable and may be executed by such coroner or constable.
(Code 1852, §741; Code 1867, §4292; Code 1876, §4968; Code 1886, §4791; Code 1896, §4844; Code 1907, §7039; Code 1923, §4338; Code 1940, T. 15, §34.)
Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either before or after the issue of such writ with intent to elude the service or effect thereof, transfers such person to the custody of another, places him under the control of another, conceals him or changes his place of confinement forfeits to the party aggrieved the sum of $500.00 and is also guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50.00 and may also be imprisoned in the county jail not more than 12 months.
(Code 1852, §742; Code 1867, §4293; Code 1876, §4969; Code 1886, §4792; Code 1896, §4845; Code 1907, §7040; Code 1923, §4339; Code 1940, T. 15, §35.)
If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver it to the clerk of the circuit court of the county in which the examination is had; and the same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement being presumptive evidence of such default.
(Code 1852, §743; Code 1867, §4294; Code 1876, §4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940, T. 15, §36.)
(a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the bill of costs, on the subsequent conviction of the party, where he is detained on a criminal charge.
(b) In other cases, the court or judge may impose the costs, or any portion thereof, on either party; and, when the writ is returnable before a judge of the circuit court, the costs must be taxed by the clerk of such circuit court and collected by execution.
(Code 1852, §§744, 745; Code 1867, §§4295, 4296; Code 1876, §§4971, 4972; Code 1886, §§4794, 4795; Code 1896, §§4847, 4848; Code 1907, §§7042, 7043; Code 1923, §§4341, 4342; Code 1940, T. 15, §§37, 38.)
(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before whom the writ is returnable and conveying him back again if he is not discharged.
(b) In the case provided for in subsection (a) of this section, the officer and guards are entitled to the same compensation as for removing any prisoner on a change of venue, to be paid in the same manner. Such guards are under the control of the officer summoning them, and any guard who refuses to obey or violates the lawful instructions of such officer is guilty of a misdemeanor.
(Code 1852, §§749, 750; Code 1867, §§4300, 4301; Code 1876, §§4976, 4977; Code 1886, §§4799, 4800; Code 1896, §§4852, 4853; Code 1907, §§7047, 7048; Code 1923, §§4346, 4347; Code 1940, T. 15, §§42, 43.)
[Repealed]
Repealed by Act 2002-413, 2003 Regular Session, effective July 1, 2002.
(Acts 1939, No. 276, p. 432; Code 1940, T. 42, §§27, 28.)
Whereas: The Interstate Compact for the Supervision of Parolees and Probationers was established in 1937, it is the earliest corrections “compact” established among the states and has not been amended since its adoption over 62 years ago;
Whereas: This compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders;
Whereas: The complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements, and sex offender registration;
Whereas: After hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability;
Whereas: Upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the Legislature to repeal the previous Interstate Compact for the Supervision of Parolees and Probationers on the effective date of this compact.
ARTICLE I: PURPOSE
(a) The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to: Track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states:
(1) To provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community;
(2) To provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and
(3) To equitably distribute the costs, benefits, and obligations of the compact among the compacting states.
(c) In addition, this compact will:
(1) Create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact;
(2) Ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;
(3) Establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executives, judicial, and legislative branches and criminal justice administrators;
(4) Monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and
(5) Coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder.
(e) It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
ARTICLE II: DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(2) “Bylaws” mean those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.
(3) “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(4) “Compacting state” means any state which has enacted the enabling legislation for this compact.
(5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.
(6) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.
(7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(8) “Non-Compacting state” means any state which has not enacted the enabling legislation for this compact.
(9) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(10) “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private.
(11) “Rules” mean acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
(12) “State” means a state of the United States, the District of Columbia and any other territorial possession of the United States.
(13) “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.
ARTICLE III: THE COMPACT COMMISSION
(a) The compacting states hereby create the “Interstate Commission for Adult Offender Supervision.” The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth herein; including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state.
In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of Governors, legislators, state chief justices, attorneys general, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional, ex-officio, nonvoting members as it deems necessary.
(c) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
(d) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(e) The Interstate Commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the Interstate Commission and performs other duties as directed by the Commission or set forth in the bylaws.
ARTICLE IV: THE STATE COUNCIL
(a) Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each State Council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own State Council, its membership must include at least one representative from the Legislature, judicial, and executive branches of government, victims groups, and compact administrators.
(b) Each compacting state retains the right to determine the qualifications of the Compact Administrator, who shall be appointed by the Governor in accordance with Alabama law.
(c) The State Council for Interstate Adult Offender Supervision in Alabama, shall consist of nine members. These members shall include the Compact Administrator, a representative from each of the legislative branches, a representative from the executive branch, a representative from the judiciary, a representative from a victim’s assistance group, a representative from the Attorney General’s office, a representative from the Department of Corrections, and a representative at-large.
(1) A Parole Officer V or a parole officer of a higher rank with a total of 10 years of service as a parole officer, shall serve as the Compact Administrator and Chair of the State Council for Interstate Adult Supervision. The Compact Administrator shall serve until his or her successor shall have been appointed and shall have qualified.
(2) Of the remaining members of the State Council:
a. The Governor shall appoint three members, one from the executive branch of government, one of whom must represent a crime victims’ organization; and one at-large.
b. The Chief Justice of the Supreme Court shall appoint the member representing the judiciary who shall be a judge.
c. The Attorney General shall appoint the member to represent the Attorney General’s office.
d. The Lieutenant Governor shall appoint one member to represent the Senate.
e. The Speaker of the House of Representatives shall appoint one member to represent the House of Representatives.
f. The Commissioner of the Department of Corrections shall appoint the representative from the Department of Corrections.
(3) The term of office of a member is four years.
(4) The State Council shall meet at least twice a year.
(5) The State Council may advise the Compact Administrator on participation in the Interstate Commission activities and administration of the compact.
(d) Members of the council shall be reimbursed for travel and expenses related to the Interstate Commission pursuant to existing Alabama law.
ARTICLE V: POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
(a) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.
(b) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(c) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and bylaws adopted and rules promulgated by the compact commission.
(d) To enforce compliance with compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means, including but not limited to, the use of judicial process.
(e) To establish and maintain offices.
(f) To purchase and maintain insurance and bonds.
(g) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.
(h) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(i) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.
(j) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.
(k) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
(l) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(m) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.
(n) To sue and be sued.
(o) To provide for dispute resolution among compacting states.
(p) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(q) To report annually to the legislatures, Governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(r) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity.
(s) To establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI: ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(a) Bylaws. The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an executive committee and such other committees as may be necessary;
(3) Providing reasonable standards and procedures:
a. For the establishment of committees, and
b. Governing any general or specific delegation of any authority or function of the Interstate Commission.
(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the officers of the Interstate Commission;
(6) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission; and
(7) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
(8) Providing transition rules for “start up” administration of the compact;
(9) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(b) Officers and staff.
(1) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.
(c) Corporate records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.
(d) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
(3) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided, that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII: ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.
(c) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
(d) The Interstate Commission shall meet at least once during each calendar year. The Chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
(e) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act,” 5 U.S.C. § 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commission’s internal personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigatory records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of, or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
(8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;
(9) Disclose information specifically related to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant provision authorizing closure of the meeting. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(h) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.
ARTICLE VIII: RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purpose of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states;
(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. App. 2, § 1 et seq., as may be amended (hereinafter “APA”). All rules and amendments shall become binding as of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
(d) When promulgating a rule, the Interstate Commission shall:
(1) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(2) Allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;
(3) Provide an opportunity for an informal hearing;
(4) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
(e) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(f) Subjects to be addressed within 12 months after the first meeting must at a minimum include:
(1) Notice to victims and opportunity to be heard;
(2) Offender registration and compliance;
(3) Violations/returns;
(4) Transfer procedures and forms;
(5) Eligibility for transfer;
(6) Collection of restitution and fees from offenders;
(7) Data collection and reporting;
(8) The level of supervision to be provided by the receiving state;
(9) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and
(10) Mediation, arbitration, and dispute resolution.
(g) The existing rules governing the operation of the previous compact superceded by this compact shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
(h) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX: OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
(a) Oversight.
(1) The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b) Dispute resolution.
(1) The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and non-compacting states.
(3) The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section (b), of this compact.
ARTICLE X: FINANCE
(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The Interstate Commission shall levy and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XI: COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, as defined in Article II of this compact, is eligible to become a compacting state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The Governors of non-member states or their designees will be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(c) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII: WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
(a) Withdrawal.
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
(b) Default.
(1) If the Interstate Commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
a. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;
b. Remedial training and technical assistance as directed by the Interstate Commission;
c. Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the chief justice or chief judicial officer of the state; the majority and minority leaders of the defaulting state’s legislature, and the State Council.
(2) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the chief justice or chief judicial officer, and the majority and minority leaders of the defaulting state’s legislature and the State Council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
(d) Dissolution of compact.
(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII: SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV: BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other laws.
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states’ laws conflicting with this compact are superseded to the extent of the conflict.
(b) Binding effect of the compact.
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
(c) Establishment of a State Council for the Interstate Compact for Adult Offender Supervision.
(1) The Compact Administrator, duly appointed by the Governor of Alabama, shall serve as the Compact Administrator for the State of Alabama and as Alabama’s commissioner to the Interstate Commission.
(2) The Alabama State Council for Interstate Adult Offender Supervision is established, consisting of nine members. The Compact Administrator is a member of the State Council who shall serve until replaced, and shall serve as Chair of the State Council. Of the remaining members of the State Council:
a. The Governor shall appoint three members, one from the executive branch of government, one of whom must represent a crime victims’ organization; and one at-large;
b. The Chief Justice of the Supreme Court shall appoint the member representing the judiciary who shall be a judge;
c. The Attorney General shall appoint the member to represent the Attorney General’s office;
d. The Lieutenant Governor shall appoint one member to represent the Senate.
e. The Speaker of the House of Representatives shall appoint one member to represent the House of Representatives;
f. The Commissioner of the Department of Corrections shall appoint the representative from the Department of Corrections.
(3) The term of office of a member, subsequent to the initial appointment is four years.
(4) The State Council shall meet at least twice a year.
(5) The presence of a majority of the council members shall constitute a quorum for the purpose of holding a council meeting. A majority of members present at any given meeting shall constitute an affirmative or a negative vote.
(6) The State Council may advise the Compact Administrator on participation in the Interstate Commission activities and administration of the compact.
(7) Members of the State Council are entitled to expenses as provided in Section 36-7-20.
(8) The initial appointments to the council shall be staggered as follows:
a. Governor’s appointees - the member appointed from the executive branch for four years, the member appointed from a crime victim’s organization for five years, and the member appointed from the public at-large for six years.
b. The Chief Justice’s appointee - six years.
c. The Attorney General’s appointee - five years.
d. The Lieutenant Governor’s appointee - four years.
e. The Speaker of the House of Representatives’ appointee - three years
f. The Department of Corrections’ appointee - two years.
(Act 2002-413, p. 1039, §1.)
The Governor is authorized and directed to enter into a compact on behalf of the State of Alabama with any state in the United States legally joining the compact in the form as substantially provided for in Section 15-22-1.1.
(Act 2002-413, p. 1039, §2.)
(a) Any adult offender placed under community supervision and released to the community under the jurisdiction of the courts, paroling authorities, corrections, or other criminal justice agencies filing a written request to transfer residence from this state to another state under the Interstate Compact for Adult Offender Supervision shall pay a transfer application fee of seventy-five dollars ($75) for each application prepared for the offender. An exemption from the transfer application fee under this subsection may be granted by the Board of Pardons and Paroles for undue hardship on a case-by-case basis upon the written request of the offender making an application for transfer.
(b) The proceeds of the application fees collected pursuant to subsection (a) shall be deposited into the State Treasury to the credit of the Probationer’s Upkeep Fund. The funds are hereby continuously appropriated to the Board of Pardons and Paroles.
(Act 2010-504, p. 810, §1.)
(a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction and who is subject to supervision by the Board of Pardons and Paroles and who has an income shall be required to contribute forty dollars ($40) per month toward the cost of his or her supervision and rehabilitation beginning 30 days from the date he or she has an income. The sum shall be deducted by the parolee or probationer from his or her monthly income and delivered to the Board of Pardons and Paroles each month for deposit in the General Fund of the State Treasury. By prior agreement between an employer and employee, an employer may deduct forty dollars ($40) from the monthly net earned income of the parolee or probationer and remit the amount to the Board of Pardons and Paroles each month. The responsibility of assuring the contribution shall remain that of the parolee or probationer. Exemptions from payments required by this section may be granted for undue hardship on a case by case basis by the sentencing court in probation and the Board of Pardons and Paroles in parole cases.
(2) In the event of over two months’ arrearage or delinquency in making a contribution, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole or probation of the person in arrears.
(3) There is established a Probationer’s Upkeep Fund. All moneys received pursuant to this section since August 24, 1976, shall be transferred by the State Treasury into the fund for the credit and use of the Board of Pardons and Paroles and all sums collected pursuant thereto after May 5, 1977, shall be deposited into the Treasury to the credit of the fund. All funds shall be withdrawn or expended only for the purposes stated in this section. The funds are hereby appropriated to the Board of Pardons and Paroles for the purposes stated in this section.
(b) The amount of contribution of each parolee and probationer of his or her monthly net earned income shall be excluded from the taxable income of the person for the purpose of determining the state income tax liability of the person.
(c) A parolee or probationer authorized to work at paid employment in the community under this section shall comply with all rules and regulations promulgated by the Board of Pardons and Paroles.
(Acts 1976, No. 638, p. 887, §§1, 2, 3; Acts 1977, No. 414, p. 554, §1; Acts 1980, No. 80-465, p. 727, §1; Acts 1986, Ex. Sess., No. 86-704, p. 113, §1; Act 98-367, p. 667, §1; Act 2012-522, p. 1547, §1; Act 2015-192, §1.)
AMENDED BY ACT 2026-403, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There shall be a Board of Pardons and Paroles which shall consist of three members. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, or economic diversity of the state. At least one member shall be a current or former law enforcement officer with a minimum of 10 years’ experience in or with a law enforcement agency which has among its primary duties and responsibilities the investigation of violent crimes or the apprehension, arrest, or supervision of the perpetrators thereof.
(b) Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment by the Governor, with the advice and consent of the Senate, from a list of five qualified persons nominated by a board consisting of the Lieutenant Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The nominating board shall as soon as practicable after a vacancy occurs, whether for an expired or unexpired term, meet and select by majority vote the names of five persons to be submitted to the Governor. The board shall immediately submit its nominations to the Governor, who shall make his or her appointment from the list within 10 days. Appointees shall begin serving immediately upon appointment, until confirmed or rejected by the Senate. Appointments made at times when the Senate is not in regular session shall be effective ad interim. Any appointment made by the Governor while the Senate is in regular session must be submitted to the Senate not later than the third legislative day following the date of the appointment; any appointment made while the Senate is not in regular session shall be submitted not later than the third legislative day following the reconvening of the Legislature in regular session. If the Senate fails to vote on an appointee’s confirmation before adjourning sine die during the regular session in which the appointee is appointed, the appointee is deemed to be confirmed.
(c) Members of the board shall be appointed for terms of six years commencing on July 1 in the years 1953, 1955, and 1957, and shall serve until their successors are appointed and qualified. Any person appointed to fill the vacancy for an unexpired term shall vacate the office upon the expiration of that unexpired term.
(d) The Governor shall designate one of the members as chair, and the chair shall preside at sessions of the board.
(e) Each member shall take the constitutional oath of office and shall be subject to impeachment for any of the causes specified in Section 173 of the Constitution; and the procedure in cases of impeachment shall be in the manner provided by Section 175 of the Constitution; provided, however, that in the event the Governor shall determine that any member of the board is incapacitated by reason of physical or mental disability or illness to the extent that the member cannot efficiently perform the duties of his or her office, he or she shall direct the Attorney General to proceed to the determination of that issue in an inquisition proceeding instituted by him or her in the Circuit Court of Montgomery County, Alabama. In the event the issue is determined in the court against the board member, the court shall declare the office vacant, and the same shall be vacated and a successor appointed, as provided in this section.
(f) Two members of the board shall constitute a quorum for the transaction of the official business of the board.
(g) The members of the board shall hold no other office of profit during their incumbency.
(h) The annual compensation of the chair and each associate member of the Board of Pardons and Paroles shall be an amount as is provided by law. The salaries shall be paid in equal installments from the State Treasury in the same manner that salaries of other state officers are paid.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §§1, 1(3); Acts 1951, No. 599, p. 1030; Acts 1953, No. 822, p. 1105; Acts 1957, No. 195, p. 254; Acts 1967, No. 51, p. 378, §1; Acts 1971, No. 71, p. 333, §1; Act 2003-415, p. 1205, §1; Act 2019-393, §1.)
(a) The Governor shall appoint a Director of Pardons and Paroles, who shall serve at the pleasure of the Governor.
(b) The Director of Pardons and Paroles shall serve as the chief executive officer of the Board of Pardons and Paroles and be vested with all power necessary to perform the duties assigned to the board by law except the board’s power to adopt rules, guidelines, or other policies and to make individual determinations concerning the grant or denial of pardons, the grant or denial of paroles, the restorations of political and civil rights, the remission of fines and forfeitures, and the revocation of parole. As chief executive officer, the director shall be responsible for all of the following:
(1) Appointing and supervising, subject to the provisions of the Merit System, employees necessary to carry out the duties of the board.
(2) Performing, on behalf of the board, all fiscal and budgetary requirements imposed on the board by law.
(3) Developing and implementing, on behalf of the board, all policies and procedures for the effective supervision of parolees released to supervision by the board as well as those individuals granted probation by the sentencing court.
(4) Attending all meetings of the board, in person or by designee, to act as the board’s secretary, and to maintain a record of the board’s official actions.
(5) Preparing and recommending rules for consideration by the board as the director shall deem necessary for the effective and efficient performance of the board’s duties.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §2; Acts 1951, No. 599, p. 1030; Act 2019-393, §1.)
One executive-level employee at the Department of Pardons and Paroles, or its successor agency, shall be known as the Deputy Director for Parolee Rehabilitation. The Deputy Director for Parolee Rehabilitation shall be responsible for the development, implementation, and improvement of programs designed to reduce recidivism.
(Act 2021-478, §2.)
The necessary office quarters, supplies, stationery and equipment shall be provided for the Board of Pardons and Paroles in the manner that the same are furnished to other departments, boards, commissions, bureaus and offices of the state.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §3; Acts 1951, No. 599, p. 1030.)
(a) Meetings of the Board of Pardons and Paroles shall be held at the call of the chairman or as may be determined by the board. Meetings set for the purpose of conducting hearings and making determinations concerning pardons, paroles, restorations of political and civil rights, remission of fines and forfeitures, and revocations may be set by the chairman, the board, or a panel of the board designated for such purpose.
(b) The Board of Pardons and Paroles shall have no power or authority to tentatively approve, grant, or order any pardon, parole, or remission of fine or other forfeiture unless and until all of the following conditions are met:
(1) The action is taken in an open public meeting of the board held after notice of the meeting has been given to each member of the board in such manner as the board directs; and
(2) Due notice of the time, date, and place of the meeting and the action to be considered has been given in writing sent by U. S. mail, electronic transmission, or by other commonly accepted method of delivery at least 30 days prior to the meeting to each of the following:
a. The incumbent Attorney General.
b. The district attorney who prosecuted and the judge who presided over the case.
c. The chief of police of the municipality wherein the crime occurred, if the crime was committed in a municipality with a police department.
d. The sheriff of the county in which the crime was committed.
(3) If the district attorney who prosecuted the case or the judge who presided over the case is not living or serving, notice under subdivision (2) shall be given to the district attorney and one of the judges of the circuit in which the subject was convicted.
(4) All persons who are required to be notified under the provisions of this section have been allowed, at their option, to either appear before the board or give their views in writing.
(c) Due notice as used in subdivision (b)(2) of this section shall be defined to include all of the following:
(1) The name of the prisoner or defendant involved.
(2) The crime for which the prisoner or defendant was convicted.
(3) The date of the sentence.
(4) The court in which the conviction occurred.
(5) The sentence imposed, the prisoner’s actual time in confinement, and the prisoner’s minimum release date, as calculated by the Department of Corrections.
(6) The action to be considered by the board.
(7) The date, time, and location of the board meeting at which the action is to be considered.
(8) The right of any individual to present his or her views to the board as specified in subsection (b)(2), (3), and (4) or as otherwise permitted by the board’s operating rules.
(d) All of the requirements set out in subsections (b) and (c) are express conditions to any board action approving, granting, or ordering any pardon, parole, remission of fine or other forfeiture, or restoration of civil and political rights.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §4; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §1; Act 2003-415, p. 1205, §4; Act 2011-681, p. 2006, §1.)
(a) The Board of Pardons and Paroles shall be charged with all of the following:
(1) Determining which prisoners serving sentences in the jails and prisons of the State of Alabama may be released on parole and when and under what conditions.
(2) Supervising all prisoners released on parole or placed on probation by courts exercising criminal jurisdiction.
(3) Conducting investigations that may be necessary by the courts or the board regarding parolees and probationers.
(4) Implementing the use of validated risk and needs assessments, as defined in Section 12-25-32, by probation and parole officers.
(5) Determining whether a parolee or probationer has violated the conditions of his or her parole or probation. Regarding parolees, deciding what action should be taken for a parole violation. Regarding probationers, reporting any probation violations to the judges of the courts having jurisdiction of the probationers.
(6) Aiding parolees and probationers to secure employment.
(b) Between October 1 and December 31 of each year, the board shall report its activities and functions during the preceding year to the Governor, to the Secretary of State, and to the Department of Archives and History. A copy shall be maintained in the permanent records of the board.
(c) The board may accept grants, gifts, or other funds for the operation of the board.
(d) The board may enter into contracts to accomplish the objectives of the board.
(e) The board shall adopt policy and procedural guidelines for establishing initial parole consideration dockets based on all of the following:
(1) Evaluation of a prisoner’s prior record.
(2) The nature and severity of the present offense.
(3) The potential for future violence.
(4) The community attitude toward the offender to include input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities.
(5) Any other criteria established by the board pursuant to Section 15-22-37.
(f) Any individual who retires from the Board of Pardons and Paroles as a probation and parole officer shall receive his or her badge and pistol as part of the retirement benefits, without cost to him or her.
(g) [Reserved]
(h) No state official shall appear or otherwise represent an applicant before the board for any consideration or thing of value unless the official was counsel of record for the applicant during a trial or hearing in the regular judicial process that led to the applicant’s present status; however, no state official shall be prohibited from appearing without consideration before the board or board panel on behalf of an applicant.
(i) The board may conditionally transfer a prisoner to the authorities of the federal government or any other jurisdiction entitled to his or her custody to answer pending charges or to begin serving a sentence in response to a properly filed detainer from the other jurisdiction. The conditionally transferred prisoner shall remain in the legal custody of the warden of the institution from which he or she was transferred. Should any conditionally transferred prisoner satisfy all detainers against him or her prior to completion of the Alabama sentence, the prisoner may not be released from custody without further order of the board.
(j) The board and its agents may administer oaths and affirmations, examine witnesses, and receive evidence on all matters to be considered by the board.
(k) The board shall develop and adopt guidelines and policies to ensure that any treatment programs or providers utilized by the board in the supervision of probationers and parolees implement evidence-based practices, as defined in Section 12-25-32, designed to reduce recidivism among probationers and parolees and shall cooperate with the Office of the Governor in evaluating the programs and providers. The Office of the Governor shall ensure that treatment programs and providers that receive funding from the state or through court-ordered monies utilize funding and monies for programs reasonably expected to reduce recidivism among probationers and parolees.
(l) The board shall develop and adopt guidelines and policies to ensure that the supervision and treatment of probationers and parolees be based on the individual probationer’s or parolee’s risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, and that supervision and treatment resources of the board are prioritized to focus on those probationers and parolees with the highest risk of reoffending. The board shall include resources available to veterans and service members and shall annually coordinate with the Department of Veterans Affairs to ensure the most current benefits and services are identified and available. Supervision and treatment of probationers and parolees shall include all of the following:
(1) Use of a validated risk and needs assessment, as defined in Section 12-25-32.
(2) Use of assessment results to guide the appropriate level of supervision responses consistent with the level of supervision and evidence-based practices used to reduce recidivism.
(3) Collateral and personal contacts with the probationer or parolee and community that may be unscheduled and that shall occur as often as needed based on the probationer’s or parolee’s supervision level. The supervision level shall be based on risk of reoffense as determined through a validated risk and needs assessment. The contacts shall keep the supervising officers informed of the probationer’s or parolee’s conduct, compliance with conditions, and progress in community-based intervention.
(4) Case planning for each probationer or parolee based on risk of reoffense and needs identified and prioritized based on associated risk.
(5) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the probationer or parolee to improve his or her conduct and circumstances so as to reduce his or her level of risk.
(m) The board shall require all probation and parole officers to complete all of the following training requirements within two years of their hire date:
(1) Assessment techniques.
(2) Case planning.
(3) Risk reduction strategies.
(4) Effective communication skills.
(5) Behavioral health needs.
(6) Application of core correctional practices, including motivational interviewing, basic principles of cognitive therapy, structured skill building, problem solving, reinforcement, and use of authority.
(7) Other topics identified by the board as evidence-based practices as defined in Section 12-25-32.
(n) The board may expend funds appropriated for the purposes of recruitment materials and training of law enforcement officers and support staff, educating the public, and promoting the agency’s mission.
(o)The board may not regulate or exercise authority over, or related to, the operation, management, regulations, policies, or procedures of any local confinement facility, including, but not limited to, county jails, community corrections programs, or drug courts.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §5; Acts 1951, No. 599, p. 1030; Acts 1982, No. 82-153, §4; Act 2015-185, p. 476, §3; Act 2021-545, §1.)
(a) The Board of Pardons and Paroles shall create a certificate of employability that shall be issued by the board to individuals under the custody of the Department of Corrections who meet eligibility criteria established by the board, by rule, which demonstrates an individual’s achievements toward successful reentry into the workforce. The eligibility criteria shall include consideration of:
(1) An individual’s disciplinary record while in the custody of the Department of Corrections;
(2) Successful completion of designated programs or development of a useful skill set while in the custody of the Department of Corrections; and
(3) Any other factor the board deems relevant to an individual’s qualification for the certificate.
(b) The Board of Pardons and Paroles shall notify individuals in the custody of the Department of Corrections of the possibility to earn a certificate of employability. Prior to being released on parole, the board shall determine whether an individual meets the eligibility criteria and if so, issue a certificate of employability when the individual is released from the custody of the department for use in obtaining employment.
(c) An individual required to register as a sex offender pursuant to Chapter 20A of Title 15 or convicted of a violent offense, as defined in Section 12-25-32, is ineligible to be issued a certificate of employability.
(d) The Board of Pardons and Paroles shall revoke a certificate of employability if the individual to whom the certificate of employability was issued is convicted of a felony offense committed after the issuance of the certificate of employability.
(e)(1) In a judicial or administrative proceeding alleging negligent hiring, a certificate of employability issued to an individual pursuant to this section may be introduced as evidence of an employer’s due care in hiring that individual if the employer knew of the certificate at the time of the alleged negligent hiring.
(2) In any proceeding on a claim against an employer for negligent hiring based upon the prior conviction of an employee, a certificate of employability issued to an individual pursuant to this section shall provide immunity for the employer with respect to the claim of negligent hiring if the employer knew of the certificate at the time of the alleged negligent hiring. This subdivision does not provide immunity to the employer for other claims related to the conduct of the employee.
(3) The revocation of a certificate of employability does not affect the right of an employer to rely on the validity of the certificate of employability at the time of hiring unless the employer knew before the individual was employed that the certificate of employability was fraudulent or was revoked.
(f) An employer who hires an individual who has been issued a certificate of employability may be held liable in a civil action based on or relating to the retention of the individual as an employee only if:
(1) The individual, after being hired, demonstrates a danger to others or is convicted of a felony;
(2) The plaintiff proves by a preponderance of the evidence that the individual having hiring and firing responsibility for the employer had actual knowledge that the employee demonstrated a danger to others or was convicted of a felony; and
(3) That the individual having hiring and firing responsibility, upon having actual knowledge that the individual demonstrated a danger to others, nonetheless retained the individual as an employee.
(g) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the state, consistent with Section 36-1-12, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any certificate of employability.
(h) This section shall not apply to any board governed by Chapter 9, Chapter 23, or Chapter 24 of Title 34.
(Act 2025-388, §3.)
(a) As to each prisoner sentenced and received in the jails and prisons of the State of Alabama, it shall be the duty of the Board of Pardons and Paroles, while the case is still recent, to cause to be obtained and filed information as complete as may be obtainable at that time with regard to each such prisoner. Such information shall include a complete statement of the crime for which he is then sentenced, the circumstances of such crime, the nature of his sentence, the court in which he was sentenced, the name of the judge and district attorney and copies of such probation reports as may have been made as well as reports as to the prisoner’s social, physical, mental and psychiatric condition and history. It shall be the duty of the clerk of the court and of all probation officers and other appropriate officials to send such information as may be in their possession or under their control to the board upon request. The board shall also at that time obtain and file a copy of the complete criminal record of such prisoner that may exist. When all such existing available records have been assembled, they shall be presented to the board or to some officer designated by it, who shall determine whether any further investigation of such prisoner is necessary at that time and, if so, the nature of such investigation, and the board shall thereupon order it to be made. Such investigation shall be made while the case is still recent, and the results of it with all other information shall be filed in the office of the board so as to be readily available when the parole of such prisoner is being considered.
(b) The board shall not act on any application or case until a complete investigation of the prisoner’s social and criminal record has been made by a parole officer and a written report thereof made a part of the prisoner’s file.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §6; Acts 1951, No. 599, §1030.)
AMENDED BY ACT 2026-372, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the Board of Pardons and Paroles is of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner’s fitness for parole and to ensure public safety. The guidelines shall serve as an aid in the parole process and shall promote the use of prison space for the most violent and greatest risk offenders, while recognizing that the board’s paramount duty is to protect public safety. The guidelines shall be structured, actuarially based, reviewed every three years by the board, after a specified open comment period determined by the board, and posted on the website of the board and include, but not be limited to, the following:
(1) The prisoner’s risk to reoffend, based upon a validated risk and needs assessment as defined in Section 12-25-32.
(2) Progress by the prisoner and the Department of Corrections to plan for reentry.
(3) Input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities.
(4) Participation in risk-reduction programs while incarcerated.
(5) Institutional behavior of the prisoner while incarcerated.
(6) Severity of the underlying offense for which the prisoner was sentenced to incarceration.
(b) Except as provided in Section 15-22-37, if the board grants a prisoner parole, the prisoner shall be released from prison upon the terms and conditions set by the board, and while released on parole, shall remain in the legal custody of the warden of the prison from which he or she is paroled until the expiration of the maximum term specified in his or her sentence or until he or she is fully pardoned.
(c) The board shall clearly articulate its reasons for approval or denial of parole for each prisoner, based on its established guidelines, and shall provide the reasons for approval or denial to the prisoner, the victim, the Department of Corrections, or any other interested party upon written request submitted to the board. The use of established guidelines for parole consideration shall not create a right or expectation by a prisoner to parole release. Additionally, the articulated reasons for denial of parole release shall not create a right or expectation for parole release. The guidelines shall serve as an aid in the parole decisionmaking process, and the decision concerning parole release shall be at the complete discretion of the board.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §7; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2019-393, §1.)
(a) The position of Board of Pardons and Paroles Administrative Hearing Officer is created and established, subject to provisions of the state Merit System.
(b) The board may appoint or employ, as the board deems necessary, three administrative hearing officers who shall possess the powers and duties prescribed below in subsection (c). The first three appointments shall be provisional appointments made by the board pending job analysis and compilation of the examination for the state Merit System classification.
(c) Administrative hearing officers shall have the following powers and duties, subject to guidelines established by the board:
(1) No later than 12 months prior to the date an inmate is eligible for parole, as determined by the board, the administrative hearing officer shall investigate and review the inmate’s preparedness for release to parole supervision by the board. Such investigation and review shall consider all factors deemed relevant to determine preparedness for release to parole as determined by the board’s guidelines.
(2) No later than 30 days prior to the date an inmate is eligible for parole, as determined by the board, the administrative hearing officer shall interview the inmate to provide the opportunity for the inmate to present his or her case for parole consideration to the board. Such interview may be conducted via video-conference, subject to guidelines and rules established by the board.
(d) The board may adopt guidelines, policies, and procedures necessary for the implementation of this section.
(Act 2015-185, §8.)
(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under this chapter:
(1) If the defendant is sentenced to a period of five years or less, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than three months and no more than five months prior to the defendant’s release date.
(2) If the defendant is sentenced to a period of more than five years but less than 10 years, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than six months and no more than nine months prior to the defendant’s release date.
(3) If the defendant is sentenced to a period of 10 years or more, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than 10 months and no more than 12 months prior to the defendant’s release date.
(b) This section shall not apply to a defendant convicted of any sex offense involving a child, as defined in Section 15-20A-4.
(c) Prior to the defendant’s release to supervision pursuant to this section, notice of the release shall be provided by the department to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2.
(d)(1) An offender released to supervision pursuant to this section shall be released to the supervision of the Board of Pardons and Paroles and shall be subject to this article.
(2) The board shall determine the level of supervision required for an offender based on the results of a validated risk and needs assessment.
(e)(1) An offender released pursuant to this section shall be subject to electronic monitoring for a period of time determined by the Director of Pardons and Paroles.
(2) The board shall be responsible for the costs of the electronic monitoring as required by this subsection.
(3) It shall be a Class D felony for any individual to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this subsection.
(f) This section applies to a defendant in the custody of the department without regard to when he or she was sentenced for or committed the crime.
(Act 2015-185, p. 476, §9; Act 2021-549, 1st Sp. Sess., §1; Act 2024-107, §1.)
(a) During an active investigation, a law enforcement agency may request the Board of Pardons and Paroles for probative electronic monitoring GPS data pertaining to the investigation.
(b) The Board of Pardons and Paroles may share the requested electronic monitoring GPS data pursuant to subsection (a).
(Act 2025-274, §1.)
(a) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a pardon unless sufficient evidence is presented to the Board of Pardons and Paroles to satisfy it that the person was innocent of the crime for which he or she was convicted, the board votes unanimously to grant the person a pardon, and the Governor concurs in and approves the granting of the pardon.
(b) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a parole.
(c) This section shall not be construed to deny any person whose sentence of death has been commuted the right to apply to the courts of this state for any remedy that the person is entitled to under the laws of Alabama.
(d) The Board of Pardons and Paroles shall not grant a parole or pardon to a person whose sentence of death has been commuted by the Governor unless the provisions of subsection (a) are applicable.
(Acts 1951, No. 804, p. 1401, §§1, 2; Act 2003-300, p. 717, §1.)
Any person convicted of any act, or attempt to commit the act, of murder, rape, robbery or assault with a deadly weapon, the commission of which directly and proximately resulted in serious physical injury to another and the commission of which follows within five years a previous conviction of another felony, or attempt thereof, resulting in serious physical injury to another, shall upon conviction serve such sentence as may be imposed without benefit of parole, notwithstanding any law to the contrary.
(Acts 1977, No. 639, p. 1087.)
In all cases where a criminal defendant has been convicted of a Class A felony committed after a previous conviction of another Class A felony, and such second conviction results in a sentence to imprisonment for life, he shall not be eligible for parole.
(Acts 1977, No. 640, p. 1088.)
(a) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, which is a Class A or B felony, shall not be eligible for parole.
(b) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, shall not be eligible for a pardon.
(Act 2005-301, 1st Sp. Sess., p. 511, §2; Act 2015-463, p. 1506, §1; Act 2024-191, §2.)
(a) As used in this section, the following terms shall have the following meanings:
(1) CHEMICAL CASTRATION TREATMENT. The receiving of medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person’s body.
(2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF 13 YEARS. A sex offense, as described in Section 15-20A-5, that is committed against a person who has not attained the age of 13 years.
(b) Subject to Section 15-22-27.3, as a condition of parole, a court shall order a person convicted of a sex offense involving a person under the age of 13 years to undergo chemical castration treatment, in addition to any other punishment prescribed for that offense or any other provision of law.
(c) A person required to undergo chemical castration treatment shall begin the treatment not less than one month prior to his or her release from custody of the Department of Corrections and shall continue receiving treatment until the court determines the treatment is no longer necessary. The treatment shall be administered by the Department of Public Health.
(d)(1) The parolee shall pay for all of the costs associated with the chemical castration treatment. The cost of the treatment shall be in addition to any court costs; assessments for crime victim’s compensation fund; Department of Forensic Sciences assessments; drug, alcohol, or anger management treatments required by law; restitution; or costs of supervision of the treatment. A person may not be denied parole based solely on his or her inability to pay for the costs associated with the treatment required under this section.
(2) If a person required to receive chemical castration treatment under this section, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the person proves to the reasonable satisfaction of the court that the person is not capable of paying the fees or costs within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender’s indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
(e) In addition to any condition of parole under subsection (b), as a condition of parole, a parolee released on parole under this section shall authorize the Department of Public Health to share with the Board of Pardons and Paroles all medical records relating to the parolee’s chemical castration treatment. A parolee may elect to stop receiving the treatment at any time and may not be forced to receive the treatment; provided, the refusal shall constitute a violation of his or her parole and he or she shall be immediately remanded to the custody of the Department of Corrections for the remainder of the sentence from which he or she was paroled.
(f) Prior to the administration of any chemical castration treatment, the court shall inform the parolee about the effect of the treatment and any side effects that may result from it. The parolee shall sign a written acknowledgment of receipt of the information.
(g) Only a bona fide employee of the Alabama Department of Public Health may administer the treatment.
(h) A parolee who intentionally stops receiving the treatment required under this section shall be guilty of a Class C felony.
(Act 2019-522, §1.)
(a) It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation of any and all prisoners confined in the jails and prisons of the state, through use of a validated risk and needs assessment as defined in Section 12-25-32, with a view of determining the feasibility of releasing the prisoners on parole and effecting their reclamation. Reinvestigations shall be made from time to time as the board may determine or as the Department of Corrections may request. The investigations shall include such reports and other information as the board may require from the Department of Corrections or any of its officers, agents, or employees.
(b) It shall be the duty of the Department of Corrections to cooperate with the Board of Pardons and Paroles for the purpose of carrying out this article.
(c) Temporary leave from prison, including Christmas furloughs, may be granted only by the Commissioner of Corrections to a prisoner for good and sufficient reason and may be granted within or without the state; provided, that Christmas furloughs shall not be granted to any prisoner convicted of drug peddling, child molesting, or rape, or to any maximum security prisoner. A permanent, written record of all temporary leaves, together with the reasons therefor, shall be kept by the commissioner. He or she shall furnish the Board of Pardons and Paroles with a record of each leave granted and the reasons therefor, and the same shall be placed by the board in the prisoner’s file.
(d) No prisoner shall be released on parole except by a majority vote of the board. The board shall not parole any prisoner for employment by any official of this state, nor shall any parolee be employed by an official of this state and be allowed to remain on parole; provided, however, that this provision shall not apply in the case of a parolee whose employer, at the time of the parolee’s original employment, was not a state official.
(e) The board shall set a prisoner’s initial parole consideration date according to the following schedules:
(1) For prisoners receiving sentence deductions pursuant to the Alabama Correctional Incentive Time Act, Article 3 of Chapter 9 of Title 14, the following schedule shall apply:
a. For terms of five years or less, the prisoner shall be scheduled for initial parole consideration on the current docket.
b. For terms over five years and up to 10 years, the prisoner shall be scheduled for initial parole consideration approximately 18 months prior to the minimum release date.
c. For terms of more than 10 years and up to 15 years, the prisoner shall be scheduled for initial parole consideration approximately two years and six months prior to the minimum release date.
(2) For prisoners convicted on or after March 21, 2001, of one or more of the following Class A felonies, the initial parole consideration date shall be set for a date once a prisoner has completed 85 percent of his or her total sentence or 15 years, whichever is less.
a. Rape in the first degree.
b. Kidnapping in the first degree.
c. Murder.
d. Attempted murder.
e. Sodomy in the first degree.
f. Sexual torture.
g. Robbery in the first degree with serious physical injury as defined in Section 13A-1-2.
h. Burglary in the first degree with serious physical injury as defined in Section 13A-1-2.
i. Arson in the first degree with serious physical injury as defined in Section 13A-1-2.
(3) For all other prisoners, the initial parole consideration date shall be set for a date following completion of one-third of the prisoner’s sentence or 10 years, whichever is less.
(4) If the prisoner is serving consecutive sentences, the initial parole consideration date may not be set for a date before the prisoner has separately served the time prescribed in this subsection for each consecutive sentence imposed.
(f)(1) The board may deviate from the initial parole consideration date established in subsection (e) or any reconsideration date prescribed by the board’s rules only in either of the following circumstances:
a. To comply with the policy and procedural guidelines in effect on or before January 1, 2019, issued by the board under Section 15-22-24(e).
b. If the prisoner shows, by clear and convincing evidence, that he or she is more likely than not to be granted parole and that he or she would have been considered for parole on an earlier date under generally applicable rules or policies previously in effect.
(2) Any decision by the board to invoke the procedures of this subsection shall be subject to legal review by the deputy Attorney General or assistant Attorney General assigned to the board, prior to the issuance of a parole certificate and the prisoner’s release. If it is determined that the grant of parole consideration failed to satisfy the requirements of this subsection or any rule adopted pursuant to this subsection, the decision shall be reversed and the prisoner shall be notified by the board.
(3) For purposes of paragraph (f)(1)b., the board shall adopt rules to determine whether a prisoner is more likely than not to be granted parole. These rules shall be designed to minimize the risk a prisoner will be prejudiced by any statutory or administrative changes in parole standards or procedures that have occurred since the date of the prisoner’s conviction and shall include, but are not limited to the following:
a. A requirement that the prisoner has completed a minimum total period of incarceration.
b. A requirement that the prisoner complete certain programs while in custody of the Department of Corrections.
c. A requirement that the prisoner provide a statement of support from a Department of Corrections staff member.
d. A requirement that the prisoner have no violent disciplinaries during a prescribed period preceding the prisoner’s current application for parole consideration.
e. A requirement that the prisoner have no disciplinaries of any kind within a prescribed period preceding the prisoner’s current application for parole consideration.
f. A requirement that the prisoner’s risk of re-offense is determined to be medium or low following the completion of a validated risk and needs assessment conducted by a trained probation and parole officer.
(4) A 30 days’ written notice shall be provided to the Governor and Attorney General for any parole consideration date set by the board under subdivision (f)(1). The Governor and Attorney General shall have 14 days from the time notice is received to object to the grant of parole. If the board grants parole consideration under subdivision (f)(1) and did not give adequate notice to the Governor or Attorney General or granted parole consideration despite an objection from the Governor or Attorney General, the decision shall be reversed and the prisoner shall be notified by the board.
(g)(1) Notwithstanding any law to the contrary, any prisoner who is charged with a new federal, state, or local offense punishable by a term of imprisonment exceeding 12 months shall not be considered for parole until after the charge has been disposed, whether by trial or other means.
(2) A prisoner shall immediately be notified by the Department of Corrections of any new charges pursuant to subdivision (1).
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §8; Acts 1951, No. 599, p. 1030; Acts 1971, 3rd Ex. Sess., No. 308, p. 4597; Act 2015-185, p. 476, §3; Act 2019-393, §1; Act 2023-367, §1.)
(a) The Board of Pardons and Paroles, in releasing an inmate on parole, shall specify in writing the conditions of his or her parole and shall provide a copy of the conditions to the parolee. A parolee who violates the conditions of parole may be subject to arrest and reimprisonment.
(b) The Board of Pardons and Paroles shall adopt general rules regarding the conditions of parole and their violation and may make special rules to govern particular cases. The rules, both general and special, shall include, but are not limited to, all of the following:
(1) The parolee may not leave the state without the consent of the board.
(2) The parolee shall contribute to the support of his or her dependents to the best of his or her ability.
(3) The parolee shall make reparation or restitution for his or her crime.
(4) The parolee shall avoid persons or places of disreputable or harmful character.
(5) The parolee shall follow the instructions of his or her parole officer and shall cooperate with the parole officer.
(6)a. The parolee shall be subject to electronic monitoring for a period of time determined by the Director of Pardons and Paroles.
b. The board shall be responsible for the costs of the electronic monitoring as required by this subdivision.
c. It shall be a Class D felony for any individual to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this subdivision.
(7) The parolee shall submit to behavioral treatment, substance abuse treatment, GPS monitoring, or any other treatment as deemed necessary by the board or the supervising parole officer.
(8) The parolee may not buy, own, or possess a firearm in violation of federal law or in violation of Section 13A-11-72.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §9; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2021-249, §1; Act 2021-549, 1st Sp. Sess., §1; Act 2024-107, §1.)
Prior to January 30, 2016, the Board of Pardons and Paroles shall collaborate with the Alabama Sentencing Commission to define and establish the fundamental terms and conditions of high intensity probation.
(Act 2015-185, §18.)
If a parolee is arrested for a new offense, before he or she may bond out on the new offense, the Board of Pardons and Paroles shall be notified of the parolee’s arrest. The parolee may be held as long as necessary, but no longer than four hours after arrest, to give the board the opportunity to subject the parolee to the electronic monitoring required pursuant to Section 15-22-29.
(Act 2023-475, §4.)
(a) The State Board of Pardons and Paroles is authorized to charge each parolee resident of a community residential facility a monthly amount for room and board which shall not exceed 25 percent of the adjusted gross monthly income of the parolee; provided, that under hardship circumstances such charge may be waived for a parolee resident upon written recommendation by the director of the facility.
(b) The proceeds from any charges collected under the provisions of this section shall be paid into the State Treasury to the credit of the General Fund and shall be used exclusively for funding the community residential facilities program of the State Board of Pardons and Paroles.
(c) The State Board of Pardons and Paroles is hereby authorized to promulgate and effect all rules and regulations necessary to implement the provisions of this section.
(Acts 1975, 4th Ex. Sess., No. 101, §§1, 2, 3.)
The Board of Pardons and Paroles may establish and maintain one or more residential transition centers for the housing of parolees and probationers ordered to serve a period of confinement pursuant to Section 15-22-32 or 15-22-54.
(Act 2021-249, §6.)
(a) In this section, program means the Pilot Program for Small Business Development by Ex-Offenders.
(b)(1) On or before October 1, 2022, subject to the availability of funds, the Board of Pardons and Paroles, in consultation with the Department of Corrections, shall establish the PREP pilot program to assist individuals exiting the correctional system by providing both of the following:
a. Training, in consultation with J. F. Ingram State Technical College, in how to establish small businesses.
b. Assistance in obtaining funding to establish small businesses.
(2) The Board of Pardons and Paroles and the Department of Corrections may coordinate with other entities, including J. F. Ingram State Technical College, which offer to provide resources for the program, including funding, training, and mentoring services.
(3) Assist the individual in obtaining financing for the individual’s small business through the Alabama Small Business Incubator Act, Sections 41-23-60 to 41-23-66, inclusive, or through other sources.
(c) The Board of Pardons and Paroles in consultation with the Department of Corrections shall develop an evaluation process for the program that includes a mechanism to evaluate whether the program developed and operated by the Department of Corrections has operated to encourage the establishment of stable small businesses by individuals who:
(1) Have completed the Prison Entrepreneurship Training Program during the last two years of incarceration.
(2) Have identified an interest or a skill set that indicates a likelihood of successful implementation of the business plan proposed by the individual.
(d) An individual selected to participate in the program shall receive training and mentoring in the development of a business plan and related business subjects.
(e) The Board of Pardons and Paroles and the Department of Corrections shall develop an evaluation process as prescribed in this section for the program developed and operated by the Board of Pardons and Paroles that does all the following:
(1) Provide training locations, participants, and funding for individuals who did not receive entrepreneurship training during incarceration.
(2) That need training on how to start a business.
(3) Partner an individual participating in the program with a mentor who will guide the individual over a three-year period following the implementation of the individual’s business plan.
(f) The Board of Pardons and Paroles and the Department of Corrections shall report to the Legislature and the Legislative Services Agency annually by the fifth legislative day of each regular session of the Legislature, on the effectiveness of the pilot program established under this section in assisting individuals who have completed the Prison Entrepreneurship Training Program and who have been recently released from the correctional system in establishing successful, stable small businesses.
(g) This section shall take effect July 1, 2022. It shall remain effective for a period of five years and six months. On December 31, 2027, with no further action required by the Legislature, this section shall be repealed and of no further force and effect.
(h) Any funds appropriated by the Legislature for this program shall be designated to the Board of Pardons and Paroles, the Department of Corrections, and J. F. Ingram State Technical College.
(Act 2022-248, §1.)
(a) When the parole officer supervising a parolee or any member of the Board of Pardons and Paroles has reasonable cause to believe that the parolee has violated the conditions of his or her parole, the parole officer or board member may report the violation to the Department of Corrections and request the department to issue a warrant to arrest the parolee. Upon request, the department shall issue an arrest warrant, and the parolee shall be returned to the prison designated on the warrant.
(b) Any parole officer or a law enforcement officer with power of arrest may arrest a parolee without a warrant if the parolee violates the conditions of parole in the presence of the arresting officer. The arresting officer, or his or her agency, as soon as practicable, but no later than 24 hours following the arrest, shall notify the Board of Pardons and Paroles of the parolee’s arrest. The parolee may be detained in the county jail or other appropriate place of detention until the warrant issued by the Department of Corrections has been received at the place of his or her detention. A parolee shall not be held longer than 20 days awaiting the arrival of the warrant issued by the department. If a warrant is not issued within 20 days, the parolee shall be released from custody.
(c) If the parolee is presented to the county jail with a serious medical condition, if the admittance of the parolee would create a security risk to the county jail, or if the jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If while in custody of the county jail the parolee develops a serious medical condition, if the presence of the parolee creates a security risk to the county jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to his or her parole officer unless the Department of Corrections has issued an arrest warrant directing the return of the parolee to the department’s custody. A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail pursuant to this subsection.
(d) Any parole officer or law enforcement officer with power of arrest to whom the warrant, issued by the Department of Corrections pursuant to subsection (a), is delivered shall execute the warrant by arresting the parolee and returning him or her to the prison designated by the Department of Corrections. The parolee shall be held by the department awaiting the action of the Board of Pardons and Paroles.
(e) An officer, other than an officer of the prison or parole officer, shall receive fees for the execution of an arrest warrant. An officer who transports the parolee from the place of arrest to the designated prison shall receive fees for transporting the parolee to the prison. The fees shall be paid out of the funds standing to the credit of the Department of Corrections.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §10; Acts 1951, No. 599, p. 1030; Acts 1953, No. 734, p. 993; Acts 1989, No. 89-945, p. 1858, §1; Act 2015-185, p. 476, §3; Act 2023-475, §1.)
(a) The Board of Pardons and Paroles shall report to the Alabama State Law Enforcement Agency, in a manner prescribed by the Alabama State Law Enforcement Agency, a parolee’s conditions of parole ordered pursuant to Section 15-22-31.
(b) The Alabama State Law Enforcement Agency shall ensure that the conditions of parole received from the Board of Pardons and Paroles may be viewed by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.
(Act 2023-475, §2.)
AMENDED BY ACT 2026-524, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Whenever there is reasonable cause to believe that a prisoner who has been paroled has violated his or her parole, the Board of Pardons and Paroles, at its next meeting, may declare the parolee to be delinquent, and time owed shall date from the delinquency. The Department of Corrections, after receiving notice from the sheriff of the county jail where the parolee is being held, shall promptly notify the board of the return of a parolee charged with violation of his or her parole. The board, a single member of the board, a parole revocation hearing officer, or a designated parole officer shall hold a parole court and consider the case of the parole violator. The parolee shall be afforded all rights provided in subdivision (f)(1). The parole court shall determine whether sufficient evidence supports the violation charges. Except as provided in subparagraph (f)(1)a.2., if a hearing is not held within 20 business days, the parolee shall be released back to parole supervision.
(b) Upon finding sufficient evidence to support a parole violation, the parole court may recommend to the board revocation or reinstatement of parole, and the board may take any of the following actions:
(1)a. If the underlying offense was a violent offense as defined in Section 12-25-32 and classified as a Class A felony, a sex offense pursuant to Section 15-20A-5, possession of a firearm by a person forbidden from firearm possession pursuant to Section 13A-11-72, or aggravated theft by deception pursuant to Section 13A-8-2.1, the board shall revoke parole and require the parolee to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent parolee.
b. If the parole violation was for absconding, possessing a firearm, or being arrested or convicted of a new offense, the board may revoke parole and require the parolee to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent parolee.
c. For all other parolees, the board may impose a period of confinement of no more than 45 consecutive days to be served in a residential transition center established pursuant to Section 15-22-30.1 or a consenting county jail designated for this purpose as provided in Section 14-1-23. The parolee shall be held in the county jail of the county in which the violation occurred while awaiting the revocation hearing. The Department of Corrections shall reimburse the state mileage rate to the county, as determined by the Alabama Comptroller’s Office, for any state inmate charged with, or sanctioned or revoked for, a parole violation and who is transferred to or from a Department of Corrections facility or to or from a consenting county jail by the county.
(2) Upon completion of the confinement period and release from confinement, the parolee shall automatically continue on parole for the remaining term of the sentence without further action from the board. The parole court may not recommend and the board may not revoke parole unless the parolee has previously received a total of three periods of confinement under this subsection. A parolee shall receive only three total periods of confinement pursuant to this subsection. The maximum 45-day term of confinement ordered pursuant to this subsection shall be reduced by any time served in custody prior to the imposition of the period of confinement and shall be credited to the balance of the incarceration term for which the parolee was originally sentenced. In the event the time remaining on parole supervision is 45 days or less, the term of confinement may not exceed the remainder of the parolee’s sentence.
(3) The total time spent in confinement under this subsection may not exceed the term of the parolee’s original sentence.
(4) Confinement shall be immediate. The board shall ensure that the Department of Corrections, a county jail, a residential transition center, or a consenting county jail receives necessary documentation for imposing a period of confinement within five business days of the board’s action.
(5) If the parolee is presented to a county jail, excluding a consenting county jail designated for this purpose, as provided in Section 14-1-23, for any period of confinement with a serious health condition, if the admittance of the parolee would create a security risk to the county jail, or if the county jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If, while in custody of the county jail, the parolee develops a serious health condition, if the presence of the parolee creates a security risk to the county jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to the parole officer. A sheriff and employees in the county jail shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail pursuant to this subdivision.
(c) The position of Parole Revocation Hearing Officer is created and established, subject to the state Merit System.
(d) The board may appoint or employ hearing officers who shall conduct a parole court. The hearing officers shall determine the sufficiency of evidence to support parole violation charges and recommend to the board revocation of parole pursuant to subsection (b) or reinstatement of parole.
(e) In lieu of subsections (a) and (b), when a parolee violates his or her parole terms and conditions, his or her parole officer, after an administrative review and approval by the parole officer’s supervisor, may impose any of the following sanctions:
(1) Mandatory behavior treatment.
(2) Mandatory substance abuse treatment.
(3) GPS monitoring.
(4) Any other treatment as determined by the board or supervising officer.
(5)a. A short period of confinement in the county jail of the county in which the violation occurred. Periods of confinement under this subdivision may not exceed six days per month during any three separate months during the period of parole. The six days per month confinement periods may only be imposed as two-day or three-day consecutive periods at any single time. The total periods of confinement may not exceed nine total days.
b. Confinement pursuant to this subdivision does not limit the board’s ability to directly impose sanctions, periods of confinement, or revoke parole.
(f)(1) Prior to imposing a sanction pursuant to subsection (e), the parolee must first be presented with a violation report setting forth the alleged parole violations and supporting evidence. The parolee shall be advised that he or she has all of the following rights:
a.1. The right to have a parole court, in person or by electronic means, on the alleged violation or violations. Except as provided in subparagraph 2., if a parole court is requested, no parolee may be held beyond 20 business days of the request.
b. The right to present relevant witnesses and documentary evidence.
c. The right to retain and have counsel at the hearing if he or she so desires.
d. The right to confront and cross examine any adverse witnesses.
(2) Upon the signing of a waiver of these rights by the parolee and the supervising parole officer, with approval of a supervisor, the parolee may be treated, monitored, or confined for the period recommended in the violation report and designated on the waiver. The parolee may not request a review if he or she has signed a written waiver of rights as provided in this subsection.
(g) The board shall adopt guidelines and procedures to implement the requirements of this section, which shall include the requirement of a supervisor’s approval prior to exercise of the delegation of authority authorized by subsection (e).
(Acts 1939, No. 275, p. 426, §12; Code 1940, T. 42, §12; Acts 1951, No. 599, p. 1030, §12; Acts 1975, No. 184, §1; Acts 1981, 3rd Ex. Sess., No. 81-1121, p. 385, §1; Act 99-400, p. 667, §1; Act 2015-185, p. 476, §3; Act 2021-249, §1; Act 2022-371, §1(b)(1); Act 2024-405, §1; Act 2025-273, §3.)
No person released on parole shall be discharged from parole prior to the expiration of the full maximum term for which he or she was sentenced unless the Board of Pardons and Paroles chooses to discharge the parolee earlier based on review of the parolee under guidelines established pursuant to subdivision (6) of subsection (b) of Section 15-22-37 and the parolee was not convicted of a violent offense, as defined in Section 12-25-32, or a violation of Section 13A-8-2.1. The Board of Pardons and Paroles, however, may relieve a prisoner on parole from making further reports and may permit such prisoner to leave the state or county if satisfied that this is for the best interests of society.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §13; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2019-513, §2.)
The Board of Pardons and Paroles may call upon the Board of Corrections for complete records kept of every prisoner released on parole, including such records as shall contain the fingerprints, aliases and photograph of each such prisoner and the other information referred to in this article.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §14; Acts 1951, No. 599, p. 1030.)
Parole officers employed by the Board of Pardons and Paroles, in addition to supervision of parolees under the direction of the board, shall cooperate with courts exercising criminal jurisdiction in supervising probationers whose sentences have been suspended or entering of judgment of conviction has been postponed by such courts, and they shall make such reports to the courts as the board, in cooperation with the courts, may direct.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §15; Acts 1951, No. 599, p. 1030.)
(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines and forfeitures.
(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.
(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried the case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.
(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days’ notice that the prisoner is being considered has been given by the board to the Attorney General, the judge who presided over the case, the district attorney who tried the subject’s case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff, and one of the judges of the circuit in which the subject was convicted. The board also shall be required to provide the same notice to the Crime Victims Compensation Commission.
(e)(1) If a victim, victim’s representative, or any other interested individual has provided a preferred method of communication to the board, at least 45 days prior to the board’s actions, the board may not approve or order a parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave, or early release of a prisoner, unless a 30 days’ written notice of the board’s action to be considered has been provided to the victim named in the indictment, the victim’s representative, or any other interested individuals.
(2) To foster notification, the victim, victim’s representative, or other interested individuals should have a preferred mode or modes of notification on file with the board, submitted through the automated victim notification system or by direct request to the board or another authorized individual.
(3) If the victim, victim’s representative, or other interested individual has not been registered for notice through the automated victim notification system or otherwise made a direct request to the board for notice or to another authorized individual, if the victim’s information has not been updated, or particular modes of notification have not been requested at least 45 days in advance of the board’s action to be considered, the board, working with the appropriate district attorney and the Attorney General’s Office, shall exercise due diligence in locating the victim or the victim’s immediate family members. If all attempts to locate a victim or his or her immediate family members have failed, and the agent of the board certifies that due diligence has been exercised, the board shall not be limited in power or authority in any way to approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave, or early release of a prisoner.
(4) The notice shall be given by U.S. certified mail, return receipt requested, U.S. mail, electronic transmission, or by other commonly accepted method of delivery, upon a request made through the automated victim notification system or otherwise upon direct request made to the board or other authorized individual 45 days or more in advance of the board’s action to be considered and shall include:
a. The name of the prisoner or defendant involved.
b. The crime for which the prisoner or defendant was convicted.
c. The date of the sentence.
d. The court in which the conviction occurred.
e. The sentence imposed.
f. The actual time the prisoner has been held in confinement and the prisoner’s minimum release date, as computed by the Department of Corrections.
g. The action to be considered by the board.
h. The date, time, and location of the board meeting at which the action is to be considered.
i. The right of the victim named in the indictment, a victim’s representative, or if the victim is deceased as a result of the offense, the victim’s immediate family, as defined by the board’s operating rules, or, in the event there is no immediate family, a relative of a victim, if any, to present his or her views to the board in person or in writing.
Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.
(5) If a victim, victim’s representative, or otherwise interested individual requests not to be notified, the request shall be made to the Board of Pardons and Paroles in writing or by electronic signature. Confirmation of a request to not be notified shall be provided to the victim so requesting. After a request is received, the board shall provide no further notifications, unless the victim, victim’s representative, and otherwise interested individual subsequently requests future notifications, at least 45 days in advance of the board’s action to be considered through the automated victim notification system or by contacting the board or other authorized individual in writing, in person, or by telephone.
(6) After the most recent victim information has been furnished to the board, pursuant to Section 12-17-184(9), the probation and parole officer assigned to prepare a pre-sentence or post-sentence investigation report shall at that time register the most recent information for the victim named in the indictment into the automated victim notification system. In case of a homicide, the information of immediate family members shall be entered into the automated victim notification system. If a surviving victim is a minor, information for parents or guardians shall be entered into the automated victim notification system. The probation and parole officer assigned to prepare a pre-sentence or post-sentence investigation report shall then report to the sentencing court that all most current victim information has been registered. The sentencing court shall then record into the case record that the victim information has been entered into the automated victim notification system.
(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who timely requested notice, pursuant to this section as to the action taken by the board and the conditions, if any, of any such parole or pardon via electronic notification through the automated victim notification system and posting publicly on a state agency website.
(g) Electronic notices as required by this section, Section 14-14-5, Section 15-22-23, Section 15-22-36.2, Section 15-22-36.3, and Section 15-22-26.2 shall be produced through the automated notification system developed and maintained by the Alabama State Law Enforcement Agency. All data and records required to produce the notices shall be provided to the Alabama State Law Enforcement Agency to be incorporated into the automated notification system. Board records and information accessible to the public through the automated notification system shall be limited to those notification items specified in subdivision (4) of subsection (e), as well as the offender’s age, sex, race, and unique identifiers. Records concerning the status of supervised offenders on probation and parole shall also be made available to the public, including information on when supervision began, the date the supervision term will end, and information on whether or how supervision was terminated. Otherwise, access to board records and information through the automated notification system shall be limited in use to the legitimate law enforcement purpose of entering and updating contact information on behalf of crime victims, assisting victims with registration, and ensuring victims receive notice. Information and records of the board accessible for law enforcement purposes through the automated notification system, in addition to that available to the public as specified above, shall be limited to the offender’s date of birth, the supervising officer’s name, the county of residence for those offenders currently supervised in Alabama, and the supervising officer’s phone number. Misuse of the automated notification system or records or information contained in the automated notification system shall be subject to criminal prosecution under Article 5A of Chapter 8 of Title 13A, as well as Section 41-9-601, Section 41-9-602, and any other law of this state.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §16; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §2; Act 2004-565, p. 1326, §1; Act 2011-681, p. 2006, §1; Act 2012-363, p. 904, §1(b)(3); Act 2015-185, p. 476, §3; Act 2019-393, §1.)
(a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met:
(1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g).
(2) The person has no criminal felony charges pending against him or her in any state or federal court.
(3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases.
(4) Any of the following are true:
a. The person has been released upon completion of sentence.
b. The person has been pardoned.
c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity.
(b) The Certificate of Eligibility to Register to Vote shall be granted upon a determination that all of the requirements in subsection (a) are fulfilled.
(c) Upon receipt of an application under this section, investigation of the request shall be assigned forthwith to an officer of the state Board of Pardons and Paroles. The assigned officer shall verify, through court records, records of the board, and records of the Department of Corrections, that the applicant has met the qualifications set out in subsection (a). Within 30 days of the initial application for a Certificate of Eligibility to Register to Vote, the officer shall draft a report of his or her findings including a statement as to whether the applicant has successfully completed his or her sentence and has complied with all the eligibility requirements provided in subsection (a).
(d) After completing the investigation set out in subsection (c), the officer shall submit his or her report of investigation to the Executive Director of the Board of Pardons and Paroles.
(e) If the report created pursuant to subsection (c) states that the applicant has met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall issue a Certificate of Eligibility to Register to Vote to the applicant within 14 days of receipt of the report by the executive director.
(f) If the report created pursuant to subsection (c) states that the applicant has not met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall not issue a Certificate of Eligibility to Register to Vote and shall notify the applicant of the decision and reason or reasons for the decision within 14 days of receipt of the report by the executive director. The applicant, upon completion of the eligibility requirement in subsection (a) for restoration of his or her rights, may submit a new application at any time if he or she has met the certification criteria.
(g) A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason.
(h) This section shall not affect the right of any person to apply to the board for a pardon with restoration of voting rights pursuant to Section 15-22-36.
(i) Each state or county correctional facility, prison, or jail shall post materials to be prepared by the Secretary of State and the Board of Pardons and Paroles notifying incarcerated individuals of the requirements and procedures for having one’s voting rights restored.
(Act 2003-415, p. 1205, §2; Act 2016-387, §1.)
(a) There is hereby created the Victim Notification Implementation Task Force to guide and support the implementation of a statewide automated victim notification system in Alabama. The task force shall be composed of four crime victims’ rights advocates designated by the Attorney General and one designee from each of the following: The Board of Pardons and Paroles, the Department of Corrections, the Alabama Law Enforcement Agency, the Alabama Crime Victims Compensation Commission, the District Attorneys Association or a district attorney representative, the Attorney General, the Administrative Office of Courts, the Alabama Circuit Judges’ Association, the Office of Prosecution Services, the Alabama Circuit Clerk’s Association, and any other entity or organization as deemed appropriate by a majority vote of the current representatives composing the task force. The task force shall elect a chair to function as the administrative head. The task force shall meet initially by March 1, 2012, at the call of the Attorney General. The task force shall meet not less than quarterly after January 1, 2012, and otherwise at the call of the chair or a majority vote of the current task force representatives. Pursuant to this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2, the task force shall be responsible for overseeing the development of the automated victim notification system by the Alabama Law Enforcement Agency and integration of a process to automatically update victim information into the automated victim notification system on a continual basis. The task force shall also oversee a statewide public education and awareness campaign for the implementation of the automated victim notification system and shall be charged with confirming, by majority vote, that the automated victim notification system complies with the requirements of this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2. Approval from the task force shall not be required for the validity of any action taken by any entity represented on the task force in the exercise of any of the power or authority granted to it by the Legislature.
(b) Immediately upon approval from the task force by majority vote that the automated notification system complies with the requirements of this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2, the task force shall automatically convert to the Victim Notification Oversight Council for the purpose of continuing to provide direction to the Alabama Law Enforcement Agency on development, support, expansion, and maintenance of the automated notification system. The council shall consist of those task force representatives serving on the task force, including appointees, at the time of conversion. Upon conversion, representatives from partner agencies may be added by majority vote of the council. The appointees designated by the Attorney General shall serve four year terms to ensure that a variety of victim advocates are included in the oversight of the system. The Attorney General shall designate a replacement as required at the expiration of the term of a victim advocate. No victim advocate may be appointed for more than two consecutive terms.
(c) The Board of Pardons and Paroles shall have authority to carry out the enforcement of Sections 15-22-23 and 15-22-36, and the Department of Corrections shall have authority to carry out the enforcement of Section 14-14-5, Section 15-22-36.3, and Section 15-22-26.2.
(d) The Alabama Law Enforcement Agency shall be required to develop, support, house, and maintain the automated notification system referenced in this section and Section 14-14-5, Section 15-22-23, Section 15-22-36, Section 15-22-36.3, and Section 15-22-26.2 for the use of the Board of Pardons and Paroles and the Department of Corrections to make automated notices as required. The system shall additionally be used to make notices of an offender’s change in status or custody, or notices regarding criminal justice proceedings deemed to be in the best interest of Alabama crime victims and public safety, by a majority vote of the task force or, after its conversion, the Victim Notification Oversight Council. The automatic notification system created by the Alabama Law Enforcement Agency shall be the automated notification system used by the state in making notifications to the Alabama crime victims.
(e) There is hereby created a Victim Notification System Fund in the State Treasury. The fund shall consist of all monies appropriated for the development, expansion, support, and maintenance of the automated victim notification system by the Alabama Law Enforcement Agency. Any monies in the fund may be expended solely for the use of the victim notification system. The Secretary of the Alabama Law Enforcement Agency may expend monies in the Victim Notification System Fund solely at the request and direction of the Victim Notification Implementation Task Force or, after its conversion, the Victim Notification Oversight Council, created by this section.
(Act 2011-681, p. 2006, §§2, 3; Act 2015-185, §3.)
Prior to an inmate’s participation in a work release program or supervised reentry program established under Chapter 8 of Title 14, participation in a community punishment and corrections program established under Article 9 of Chapter 18 of this title, participation in the Supervised Intensive Restitution program established under Article 7 of Chapter 18 of this title, or any temporary leave from prison or furlough, notification of the inmate’s participation in such program, leave, or furlough shall be provided to the district attorney and to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 and under the provisions of Section 15-22-36.
(Act 2015-185, §8.)
(a) No later than March 1, 2027, the Board of Pardons and Paroles shall develop and make available on the agency’s website, in an easily accessible manner, an explanation of how an individual who has lost his or her right to vote by reason of conviction of a crime may have his or her right to vote restored under Section 15-22-36.1 if the individual meets the criteria set forth in that section. The website shall include a form, along with instructions, which an individual may electronically submit, which shall serve as an application for a Certificate of Eligibility to Register to Vote. The form shall automatically be submitted to the Board of Pardons and Paroles.
(b) Upon receipt of an application under subsection (a), the board shall forthwith review the application and make a determination of eligibility in accordance with Section 15-22-36.1 and, if appropriate, issue to the applicant a Certificate of Eligibility to Register to Vote in accordance with Section 15-22-36.1(e).
(c) The Board of Pardons and Paroles shall publish on the board’s website the Alabama Institutional Serial (AIS) number of each individual who is a parolee or probationer under the jurisdiction of the board whose right to vote has been restored pursuant to Section 15-22-36.1 and, if an applicant under subsection (a) included his or her residence on the application form, the county in which the individual resides.
(Act 2026-531, §1.)
(a) The Board of Pardons and Paroles may adopt rules, not inconsistent with the provisions of this article, touching upon all matters dealt with in this article, including, among others, practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule adopted by the board shall have the effect of denying to any person whose application for parole or the revocation of whose parole is being considered by the board from having the benefit of counsel or witnesses upon the hearing.
(b) The Board of Pardons and Paroles shall adopt rules to do the following:
(1) Establish a program of limited supervision for parolees who qualify addressing eligibility using validated risk and needs assessments, as defined in Section 12-25-32, transfers among levels of supervision, to include guidelines for the transfer of lower-risk individuals to an administrative form of parole, and reporting requirements.
(2) Develop policies and procedures for screening, assessment, and referral for parolees to connect with recidivism reduction services including, but not limited to, cognitive behavioral intervention and substance abuse treatment.
(3) Establish a matrix of rewards for compliance and pro-social behaviors and swift, certain, and graduated sanctions to be imposed by the board, as provided under subsections (e) and (f) of Section 15-22-32, in response to corresponding violations of parole terms or conditions imposed.
(4) Establish clear guidelines and procedures that retain the board’s discretion in individual parole release cases. The guidelines shall provide that, if a prisoner convicted of a nonviolent offense, as defined in Section 12-25-32, with a sentence of 20 years or less is denied parole, the board shall reconsider releasing the prisoner on parole no more than two years after such parole release denial. The guidelines shall allow a current validated risk and needs assessment as defined in Section 12-25-32, past criminal history, program completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future to be factored into the release decision while working to allocate prison space for the most violent and greatest risk prisoners.
(5) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of parolees.
(6) Establish criteria, guidelines, and procedures to discharge parolees from parole supervision requirements prior to the expiration of the full maximum term for which the parolee was sentenced, unless the parolee was convicted of a violent offense as defined in Section 12-25-32, which shall include review of a parolee for discharge from parole supervision at least every two years if the parolee has satisfied all financial obligations owed to the court, including restitution, and has not had his or her supervision revoked.
(c) Notwithstanding any other provision of law to the contrary, Section 41-22-5(a)-(c), Section 41-22-5.1(b), Section 41-22-6, and Section 41-22-23(a)-(e), (g) of the Alabama Administrative Procedure Act shall apply to the board’s adoption, amendment, or repeal of rules, procedures, guidelines, or other policies, except rules, procedures, guidelines, or other policies concerning the supervision of parolees or probationers. The Alabama Administrative Procedure Act shall not otherwise apply to the board. The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, and notice shall be given to the Governor and Attorney General or their designees.
(d) The Director of Pardons and Paroles shall post on the board’s website the board’s existing rules, procedures, guidelines, or other policies concerning the grant or denial of pardons, the grant or denial of paroles, the restoration of political and civil rights, the remission of fines and forfeitures, and the revocation of parole.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §17; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2019-393, §1.)
The duties imposed upon the members of the Board of Pardons and Paroles by this article are mandatory, and the limitations and restrictions on the powers of the board or the members thereof shall be strictly construed.
(Acts 1951, No. 599, p. 1030.)
Any member of the Board of Pardons and Paroles who knowingly or willfully neglects or fails to perform any duty enjoined upon him by the provisions of this article is guilty of a felony and, upon his conviction, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, and any offense as defined by Section 36-10-14 by a member of the board shall also be a felony and be punishable as provided in this section.
(Acts 1951, No. 599, p. 1030.)
Any pardon, parole, remission of a fine or forfeiture or restoration of civil and political rights granted, ordered or made contrary to the provisions of this article shall be null and void and shall have no force or effect.
(Acts 1951, No. 599, p. 1030.)
This article shall be known and may be cited as the Alabama Medical Parole Act.
(Act 2017-355, §1.)
For the purposes of this article, the following terms shall have the following meanings:
(1) BOARD. The Board of Pardons and Paroles.
(2) GERIATRIC INMATE. A person 60 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 requires assistance with a necessary daily life function and poses a low risk to the community, and who does not constitute a danger to himself or herself or society.
(3) NECESSARY DAILY LIFE FUNCTION. Eating, breathing, toileting, walking, or bathing.
(4) PERMANENTLY INCAPACITATED INMATE. A state inmate who satisfies both of the following:
a. Is unable to perform one and requires assistance with one or more necessary daily life functions or who is completely immobile.
b. Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community.
(5) TERMINALLY ILL INMATE. A state inmate 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 2017-355, §2.)
(a)(1) The Board of Pardons and Paroles shall establish a special medical parole docket and adopt the rules for implementation pursuant to Section 15-22-24(e). For each person considered for medical parole, the board shall determine whether the person is a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate for purposes of placing the person on a special medical parole docket to be considered for parole by the board. An open public hearing shall be held, pursuant to Section 15-22-23, to consider the medical parole of the inmate. Notices of the hearing shall be sent pursuant to Sections 15-22-23 and 15-22-36. The notice shall clearly state the inmate is being considered for a medical parole.
(2) The Department of Corrections shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated, and terminally ill inmates who are otherwise eligible for parole, subject to the limitations provided under Section 15-22-28(e). By January 1 of each calendar year, the Department of Corrections shall additionally identify all inmates who have spent more than 30 or more days in an infirmary in the prior calendar year or received costly and frequent medical treatment outside a Department of Corrections facility in the previous 12 months, as well as all inmates suffering from a life-threatening illness and whose death is imminent within 12 months, who are otherwise parole eligible, subject to the limitations provided under Section 15-22-28(e), and shall immediately provide this information to the board to determine if identified inmates may be considered for a medical parole.
(3) Upon a determination that the inmate is eligible for a medical parole, the board shall place the inmate on the next available special medical parole docket pursuant to rules adopted by the board for the board to consider the individual for medical parole.
(b) Medical parole consideration shall be in addition to any other release for which an inmate may be eligible.
(c) In considering an inmate for medical parole, the board may request that additional medical evidence be produced, or that additional medical examinations be conducted by the Department of Corrections.
(d) In determining factors for a medical parole, the board shall take into consideration all of the following:
(1) Risk for violence.
(2) Criminal history.
(3) Institutional behavior.
(4) Age of the inmate, currently and at the time of the offense.
(5) Severity of the illness, disease, or infirmities and whether the same existed at the time of the offense.
(6) All available medical and mental health records.
(7) Reentry plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.
(e) This article shall not apply to inmates convicted of capital murder or a sex offense.
(f) Unless provided otherwise in this article, any medical parole under this article shall comply with Article 2, Chapter 22, Title 15.
(g) The board shall report annually to the Joint Legislative Interim Prison Committee, House Judiciary Sentencing Commission Subcommittee, and the Alabama Sentencing Commission on the number of medical paroles granted, the nature of the illnesses, diseases, and conditions of those paroled, the number of inmates granted and denied medical parole, and the number of cases granted medical parole, but that could not be released. The crimes for which the inmates have been convicted shall also be provided in the annual report. The report shall be made in a manner that does not disclose any individual identifying information for any particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.
(h) This article shall not be deemed to grant any entitlement or right to release.
(Act 2017-355, §3.)
Circuit courts and district courts, subject to the provisions and conditions hereinafter provided, may suspend execution of sentence and place on probation any person convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not be permitted to waive placement on probation by the sentencing court. The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years. Except as provided in the preceding sentence, the court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may suspend execution of sentence and place the defendant on probation, or may impose a fine within the limits fixed by law and also place the defendant on probation.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §19; Acts 1955, No. 480, p. 1093; Acts 1975, No. 1205, §10-101; Acts 1985, 2nd Ex. Sess., No. 85-905, p. 177, §2; Act 2015-185, §3.)
(a)(1) When directed by the court, a probation officer or specialist shall conduct an investigation, using a validated risk and needs assessment as defined in Section 12-25-32, and provide a written report to the court containing all of the following information:
a. The circumstances of the offense.
b. The defendant’s criminal record.
c. The defendant’s social history.
d. The defendant’s present condition.
e. If practicable, a physical and mental examination of the defendant.
(2) No defendant, unless otherwise directed by the court, shall be placed on probation or released under suspension of sentence until the report of investigation, as required in subdivision (1), is presented to and considered by the court.
(3)a. After conviction, the court may continue the case for any amount of time reasonably necessary to enable the probation officer or specialist to conduct the investigation and generate the written report of investigation.
b. If a defendant was on bond prior to the trial and an application for probation was made to the court, the judge may suspend the execution of the sentence pending the disposition of the application for probation and may allow the defendant to remain under the same bond or the judge may raise or lower the bond.
(b) If the defendant is sentenced to the custody of the Department of Corrections, a copy of the report of investigation shall be provided to the department when the department takes custody of the defendant.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §21; Acts 1956, 2nd Ex. Sess., No. 28, p. 298; Act 2015-185, p. 476, §3; Act 2023-364, §1.)
The court shall determine and may at any time modify the conditions of probation. The conditions of probation shall include, but are not limited to, all of the following:
(1) Avoid injurious or vicious habits.
(2) Avoid persons or places of disreputable or harmful character.
(3) Report to the probation officer as directed.
(4) Permit the probation officer to visit him or her at his or her home or elsewhere.
(5) Work faithfully at suitable employment as far as possible.
(6) Remain within a specified place.
(7) Pay the fine imposed or costs or any portions of fines or costs, as the court may determine, and in installments as the court may direct.
(8) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court.
(9) Support his or her dependents to the best of his or her ability.
(10)a. Submit to behavioral treatment, substance abuse treatment, GPS monitoring, or any other treatment as deemed necessary by the court or supervising probation officer.
b. It shall be a Class D felony for any individual to knowingly alter, disable, deactivate, tamper with, remove, damage, or destroy any device used to facilitate electronic monitoring under this subdivision.
(11) The probationer may not buy, own, or possess a firearm in violation of federal law or in violation of Section 13A-11-72.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §22; Act 2015-185, p. 476, §3; Act 2021-249, §1; Act 2024-107, §1.)
(a) A sentencing court who places an individual on probation, pursuant to Section 15-22-50, shall report to the Alabama State Law Enforcement Agency, in a manner prescribed by the Alabama State Law Enforcement Agency, a probationer’s conditions of probation ordered pursuant to Section 15-22-52.
(b) The Alabama State Law Enforcement Agency shall ensure that the conditions of probation received by a court may be viewed by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.
(Act 2023-475, §3.)
(a) A probation officer, or a specialist, shall investigate all cases referred to him or her for investigation by any court or by the Board of Pardons and Paroles and shall report in writing thereon. The probation officer shall furnish to persons released on probation under his or her supervision a written statement of the conditions of probation and shall instruct them regarding the same. The probation officer shall monitor the conduct and condition of each person on probation under his or her supervision by visiting, requiring reports, and in ways necessary, based on the offender’s measured risk of offending. Additionally, the probation officer shall provide written reports as often as the court or the board may require. The probation officer shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32, not inconsistent with the provisions imposed by the court, to aid and encourage persons on probation and to bring about improvements in their conduct and condition. The probation officer shall keep detailed records of his or her work and shall provide written reports to the court and the board as often as they may require. A probation officer shall have, in the execution of his or her duties, the powers of arrest and the same right to execute process as is now given or may hereafter be given by law to the sheriffs of this state. Supervision and treatment of probationers shall be conducted pursuant to and consistent with the provisions of subsections (k) and (l) of Section 15-22-24 and Section 15-22-57.
(b) All reports, records, and data assembled by any probation officer or specialist and referred to the court shall be privileged and shall not be available for public inspection except upon order of the court to which the same was referred.
(c) In no case shall the right to inspect the report be denied the defendant or his or her counsel after the report has been completed or filed.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §23; Acts 1975, No. 1205, §10-102; Act 2015-185, p. 476, §3; Act 2023-364, §1.)
(a) The period of probation or suspension of execution of sentence shall be determined by the court and may not be waived by the defendant. The period of probation or suspension may be continued, extended, or terminated as determined by the court. Except as provided in Section 32-5A-191, relating to ignition interlock requirements, the maximum probation period of a defendant guilty of a misdemeanor may not exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled, the court, by an order duly entered on its minutes, shall discharge the defendant.
(b) The court granting probation, upon the recommendation of the officer supervising the probationer, may terminate all authority and supervision over the probationer prior to the declared date of completion of probation upon showing a continued satisfactory compliance with the conditions of probation over a sufficient portion of the period of the probation. At least every two years, and after providing notice to the district attorney, the court shall review the probationer’s suitability for discharge from probation supervision if the probationer has satisfied all financial obligations owed to the court, including restitution, and has not had his or her supervision revoked.
(c) At any time during the period of probation or suspension of execution of sentence, the court may issue a warrant and have the probationer arrested for violating any of the conditions of probation or suspension of sentence, and the court shall hold a violation hearing. No probationer shall be held in jail awaiting the violation hearing for longer than 20 business days, unless new criminal charges are pending. If the hearing is not held within the specified time, the sheriff shall release the probation violator unless there are other pending criminal charges. A judge may issue a bond to a probationer for release from custody.
(d) Except as provided in Chapter 15 of Title 12, any probation officer or law enforcement officer with power of arrest, when requested by the probation officer, may arrest a probationer without a warrant if the probationer violates the conditions of probation in the presence of the arresting officer. The arresting officer, or his or her agency, as soon as practicable, but no later than 24 hours following the arrest, shall notify the Board of Pardons and Paroles of the probationer’s arrest. The probationer may be detained in the county jail or other appropriate place of detention until the probationer is brought before the court. The probation officer shall report the arrest and detention to the court and submit in writing a report showing in what manner the probationer has violated probation.
(e) After conducting a violation hearing and finding sufficient evidence to support a probation violation, the court may take any of the following actions:
(1)a. If the underlying offense was a violent offense as defined in Section 12-25-32 and a Class A felony, a sex offense pursuant to Section 15-20A-5, possession of a firearm by a person forbidden from firearm possession pursuant to Section 13A-11-72, or aggravated theft by deception pursuant to Section 13A-8-2.1, the court shall revoke probation and require the probationer to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent probationer.
b. If the probation violation was for absconding, possessing a firearm, being arrested or convicted of a new offense, or failing to successfully complete a court supervised, evidence-based treatment program, as defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program, the court may revoke probation and require the probationer to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent probationer.
c. For all other probationers, the court may impose a period of confinement of no more than 45 consecutive days to be served in a residential transition center established pursuant to Section 15-22-30.1 or a consenting county jail designated for this purpose as provided in Section 14-1-23. The probationer shall be held in the county jail of the county in which the violation occurred while awaiting the revocation hearing. The Department of Corrections shall reimburse the state mileage rate to the county, as determined by the state Comptroller, for any probationer charged with, or sanctioned or revoked for, a probation violation and who is transferred to or from a Department of Corrections facility or to or from a consenting county jail by the county.
(2) Upon completion of the confinement period, the remaining probation period or suspension of sentence shall automatically continue upon the defendant’s release from confinement. The court may not revoke probation unless the defendant has previously received a total of three periods of confinement pursuant to this subsection. For purposes of revocation, the court may take judicial notice of the three total periods of confinement under this subsection. A defendant shall only receive three total periods of confinement pursuant to this subsection. The maximum 45-day term of confinement ordered pursuant to this subsection for a felony shall be reduced by any time served in custody prior to the imposition of the period of confinement and shall be credited to the suspended sentence. If the time remaining on the imposed sentence is 45 days or less, the term of confinement may not exceed the remainder of the defendant’s sentence.
(3) The total time spent in confinement under this subsection may not exceed the term of the defendant’s original sentence.
(4) Confinement shall be immediate. The court shall ensure that the circuit clerk receives the order revoking probation within five business days. The circuit clerk shall ensure that the Department of Corrections, a county jail, a residential transition center, or a consenting county jail receives necessary transcripts for imposing a period of confinement within five business days of its receipt of the court’s order.
(5) If a probation violator with a serious health condition is presented to a county jail, excluding a consenting county jail designated for this purpose as provided in Section 14-1-23, for any period of confinement, if the confinement of the probation violator would create a security risk to the county jail, or if the county jail is near, at, or over capacity, the sheriff may refuse to admit the probation violator. If, while in custody of the county jail, a probation violator develops a serious health condition, if a confinement of the probation violator creates a security risk to the county jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the probation violator upon notification to the probation officer and to the court who has jurisdiction over the probation violator. A sheriff and his or her employees shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a probation violator into the jail or releasing a probation violator from jail pursuant to this subdivision.
(f) In lieu of subsections (c) through (e), when a probationer violates his or her probation terms and conditions imposed by the court, his or her probation officer, after an administrative review and approval by the probation officer’s supervisor, may impose any of the following sanctions:
(1) Mandatory behavioral treatment.
(2) Mandatory substance abuse treatment.
(3) GPS monitoring.
(4) Any other treatment as determined by the court or supervising officer.
(5) A short period of confinement in the county jail of the county in which the violation occurred. Periods of confinement under this subdivision may not exceed six days per month during any three separate months during the period of probation. The six days per month confinement period may only be imposed as two-day or three-day consecutive periods at any single time. The total periods of confinement may not exceed nine total days.
(g)(1) Prior to imposing a sanction pursuant to subsection (f), the probationer must first be presented with a written violation report setting forth the alleged probation violations and supporting evidence. The probationer shall be provided a written notice that he or she has the right to all of the following:
a. Have a hearing before the court on the alleged violation or violations in person or by electronic means. If a hearing is requested, no probationer shall be held beyond 20 business days of the request. Only requesting probationers posing a threat to public safety or a flight risk shall be arrested while awaiting a hearing.
b. Present relevant witnesses and documentary evidence.
c. Retain and have counsel at the hearing and that counsel shall be appointed if the probationer is indigent.
d. Confront and cross examine any adverse witnesses.
(2) The probationer may waive the right to have a hearing. Upon the signing of a waiver of these rights by the probationer and the supervising probation officer, with approval of the probation officer’s supervisor, the probationer may be treated, monitored, or confined for the period recommended in the violation report and designated on the waiver. The probationer may not request a review if he or she has signed a written waiver of rights as provided in this subsection.
(h) The board shall adopt guidelines and procedures to implement the requirements of this section, which shall include the requirement of a supervisor’s approval prior to a supervising probation officer’s exercise of the delegation of authority authorized by subsection (f).
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §24; Acts 1945, No. 426, p. 666; Acts 1949, No. 645, p. 987; Acts 1975, No. 1205, §10-103; Acts 1992, 2nd Ex. Sess., No. 92-689, p. 75, §1; Act 2010-753, p. 1905, §1; Act 2011-696, p. 2125, §1; Act 2015-185, p. 476, §3; Act 2019-513, §2; Act 2021-249, §1; Act 2022-371, §1(b)(2); Act 2023-461, §1; Act 2023-475, §1; Act 2025-273, §3.)
(a) Any person now serving a prison sentence based on revocation of probation who would have been an eligible offender as defined in Section 15-22-54 at the time of revocation shall be entitled to be resentenced upon petition to the sentencing court. Such petition shall be on a form and filed in the manner prescribed by the Administrative Office of Courts. Petitions shall be considered authorized motions for modification of sentence, assigned a unique identifier by the Administrative Office of Courts, and shall not require payment of a filing fee.
(b) The court shall have jurisdiction to resentence the offender in accordance with the terms of this section, upon a showing of the following:
(1) The petitioner met all requirements of an eligible offender as defined in Section 15-22-54 at the time of revocation.
(2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary only as a result of administrative violations of probation.
(3) The petitioner has no disciplinary infractions while serving the sentence in the penitentiary.
(4) The petitioner has no pending criminal charges or convictions for a new offense since the time the petitioner was placed on probation.
(c) A successive petition shall not be considered by the trial court unless new grounds are raised in the petition. Any successive petition which is not set for a hearing by the court within 30 days after filing is deemed denied by operation of law.
(Act 2010-753, p. 1905, §2; Act 2011-696, p. 2125, §1.)
All costs of court, including witness fees, relating to a termination of probation proceeding shall be assessed and paid in the same manner as if no suspension of execution of sentence had intervened.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §25; Acts 1945, No. 426, p. 666; Acts 1953, No. 750, p. 1013.)
(a) The Board of Pardons and Paroles may, by whatever criteria it deems reasonable, classify certain persons under the supervision of its probation and parole officers as deserving of intensive supervision. Special conditions may be imposed on such persons, individually or as a class.
(b) The board is hereby authorized to charge each person participating in the intensive supervision program a fee for supervision costs, which shall not exceed 25 percent of their gross monthly income. The board shall, by regulation, establish criteria for determining the fee to be charged in each case. Such sums shall be retained by the board and placed in the Probationer’s Upkeep Fund in the State Treasury to defray the expense of administering this program and are hereby appropriated therefor.
(Acts 1989, No. 89-643, p. 1271, §1.)
The Board of Pardons and Paroles shall adopt and promulgate regulations and guidelines to:
(1) Establish a program of limited supervision for probationers who qualify addressing eligibility using validated risk and needs assessments, transfers among levels of supervision, to include the transfer of lower-risk individuals to an administrative form of probation, and reporting requirements;
(2) Develop policies and procedures for screening, assessment, and referral for probationers to connect with recidivism reduction services including, but not limited to, cognitive behavioral intervention and substance abuse treatment;
(3) Establish a matrix of rewards for compliance and pro-social behaviors and swift, certain, and graduated sanctions to be imposed by the board under the provisions of subsections (f) and (g) of Section 15-22-54 in response to corresponding violations of probation terms or conditions imposed; and
(4) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of probationers.
(Act 2015-185, §8.)
The mayor, or the chief executive officer if there is no mayor, of any municipality of this state having a municipal court may appoint a parole board consisting of five members, one of whom he shall designate to serve at his pleasure as chairman, and such chairman, shall if in attendance, preside at all meetings of the board. In the chairman’s absence, an acting chairman shall be selected by a majority of the members present. One member of the initial board shall be appointed to serve a term of six years. Two members of the initial board shall be appointed to serve four-year terms and two members of the initial board shall be appointed to service two-year terms. Thereafter all members of the board shall be appointed for six-year terms.
(Acts 1979, No. 79-674, p. 1189, §1.)
Meetings of the board shall be held on the first and third Wednesdays of each month and at the call of the chairman, when the business of the board shall warrant additional meetings. Three members of the board shall constitute a quorum for the transaction of the business of the board, and no action shall be taken by the board without the approval of at least two of its members.
(Acts 1979, No. 79-674, p. 1189, §2.)
The board may remit fines and such costs as are payable to the city, and commute any sentence imposed by the municipal court or any court to which an appeal is taken, may grant paroles and work and educational releases, prescribe the terms upon which persons are paroled or released and may provide for the supervision of persons released on parole. Any period of parole may exceed the length of sentence but shall in no event exceed two years. Failure of any parolee to observe the conditions of his parole as prescribed by the board shall be sufficient cause for the board to revoke such parole.
The board’s actions shall be in writing and shall be available to the governing body of such city and the mayor or other chief executive officer thereof.
(Acts 1979, No. 79-674, p. 1189, §3.)
Parole officers may be appointed to investigate all cases referred by the board to such officers and shall furnish to each parolee under his supervision a written statement of the conditions of his parole, instruct each parolee regarding the same, and keep informed concerning the conduct and condition of each person on parole under his supervision. Each parole officer shall make such reports as the board may require. Each parole officer shall have, in the execution of his duties, the power of arrest and the authority to execute process as is given by law to police officers of such city. All reports, records and data assembled by any parole officer shall be privileged and shall not be available for public inspection except upon order of a court, except that in no case shall the right to inspect said reports be denied the defendant or his counsel.
(Acts 1979, No. 79-674, p. 1189, §4.)
Any prisoner released to work or further his education or training who violates any condition of his release as prescribed by the board may have such privilege revoked by the board. Any prisoner released to work or further his education or training who fails to return to city jail within the time prescribed by the parole board may, in addition, be deemed an escapee and shall be punished as such if said failure to return to city jail is willful.
(Acts 1979, No. 79-674, p. 1189, §5.)
The employer of an inmate who is released from custody under a work release program shall pay the inmate’s wages direct to the city finance department. The mayor of the city may adopt regulations concerning the manner of disbursing any earnings of the inmates involved in the work release program. The mayor is authorized to withhold from an inmate’s wages the costs incident to the inmate’s confinement as the mayor shall deem appropriate and reasonable, provided however, that in no event shall the mayor withhold more than 20 percent of such inmate’s gross wages as the costs incident to such inmate’s confinement. After the costs incident to the inmate’s confinement have been deducted from the inmate’s earnings, the remainder of the inmate’s earnings shall be credited to the inmate’s account with the city finance department, and upon his release from confinement shall be turned over to the inmate. The mayor is authorized, however, to pay the balance of the inmate’s earnings to his family to be used by them for their support while the inmate is confined, provided the inmate has consented to such payment.
(Acts 1979, No. 79-674, p. 1189, §6.)
Upon the expiration of the period of parole the parolee shall be discharged. At any time during the period of parole the parolee may be arrested for the violation of any condition of his parole, and after a hearing by the board his parole shall be subject to revocation. Any parole officer, police officer or other law enforcement officer may arrest a parolee with or without a warrant for the violation of any condition of his parole. In case of an arrest without a warrant, the arresting officer shall have a written statement by a parole officer setting forth that parolee has, in the judgment of the parole officer, violated the conditions of his parole. Such statement shall be sufficient warrant for the detention of said parolee until he can be brought before a parole officer. Such parole officer, after advising said parolee in writing of the charged violation and hearing any evidence or explanation offered by parolee in his defense shall, if not satisfied from the evidence or explanation of the parolee, forthwith submit to the board a written report of such violation. Upon receipt of such report the board shall set a hearing date to determine if such parole shall be revoked. The parolee at such hearing may be represented by counsel and present evidence in his defense, In the event such parole is revoked, the board shall prepare a written opinion stating the evidence relied upon and the reason for such revocation. The parolee, upon such revocation, shall serve his sentence as though no parole had been granted him, notwithstanding his sentence would have ended but for the suspension thereof by parole.
(Acts 1979, No. 79-674, p. 1189, §7.)
The provisions of this article are cumulative to the provisions of any other laws and shall not be construed to repeal or supersede any laws not inconsistent herewith.
(Acts 1979, No. 79-674, p. 1189, §9.)
This article may be known and cited as “The Rosa Parks Act.”
(Act 2006-544, p. 1261, §1.)
(a) A person who, while protesting or challenging within the state a state law or municipal ordinance the purpose of which was to maintain racial segregation or racial discrimination of individuals, was convicted for the protest or challenge, upon application to the State Board of Pardons and Paroles, or if the conviction was for violation of a municipal ordinance, to the municipal parole board, or if no municipal parole board, to the mayor of the municipality, shall be granted a pardon of the conviction. The State Board of Pardons and Paroles or the municipal parole board or, if no municipal parole board, the mayor shall provide notice of the application to the district attorney of the county or the appropriate municipal official where the violation occurred within 60 days after its submission. The pardon shall be granted within 42 days after the submission of the application unless it is objected to by the state on the grounds that the conviction did not result from a violation of a law the purpose of which was to maintain racial segregation or racial discrimination of individuals. In lieu of the above, the State Board of Pardons and Paroles or municipal parole board may grant a pardon to a person who files a sworn affidavit stating that he or she while protesting or challenging a state law or municipal ordinance the purpose of which was to maintain racial segregation or racial discrimination of individuals was convicted for the protest or the challenge. If the information in the affidavit is later found to be false, then the pardon shall be void. If the state or municipality objects, a hearing shall be scheduled as soon as practical with notice of the hearing to all interested parties.
(b) If the convicted person is deceased, the application may be filed by a person who can show legal authority to act on behalf of the deceased person.
(Act 2006-544, p. 1261, §2.)
The record of a person pertaining only to the conviction for which a pardon is granted under this article shall be ordered transferred by a court of competent jurisdiction to the Alabama Department of Archives and History for confidential keeping upon petition by the person to whom the pardon was granted, or if deceased, by his or her legal representative who can show proof that the transfer was requested or desired by the deceased person prior to his or her death. The court shall order the transfer on a form provided by the Administrative Office of Courts. Every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge or relating to the conviction or other matters arising out of the conviction that are ordered to be transferred shall certify to the court within 60 days of the entry of the transfer order that the required transfer action has been completed. All orders enforcing the transfer procedure shall remain a matter of record. Records or documents subject to transfer which are utilized exclusively for educational purposes and are displayed in public museums, libraries, and buildings are exempt from the transfer requirement. The person whose record is transferred may not be required to disclose the fact of the record or any matter relating to the conviction.
(Act 2006-544, p. 1261, §2.)
This article may be known and cited as the Scottsboro Boys Act.
(Act 2013-81, p. 180, §1.)
The purpose of this article is to establish a process for the consideration of posthumous pardons by the State Board of Pardons and Paroles for certain felons.
(Act 2013-81, p. 180, §2.)
The following words shall have the following meanings for purposes of this article:
(1) BOARD. State Board of Pardons and Paroles.
(2) CANDIDATE. A person who is considered for a posthumous pardon.
(3) PETITION. A document signed by a petitioner requesting the posthumous pardon of a person.
(4) PETITIONER. A judge in the judicial circuit where the person was tried and convicted or the district attorney in the person’s county of conviction.
(5) POSTHUMOUS PARDON. A pardon granted by the State Board of Pardons and Paroles to certain deceased felons.
(Act 2013-81, p. 180, §3.)
(a) A person convicted of a Class A or Class B felony in this state shall be a candidate for a posthumous pardon if all of the following conditions are satisfied:
(1) He or she is deceased.
(2) The person’s circumstances of conviction provide a compelling reason or reasons to consider granting a posthumous pardon to remedy social injustice.
(3) He or she did not receive a pardon for his or her felony conviction at issue from this state while living.
(4) The acts forming the basis for his or her felony conviction or convictions at issue were committed at least 80 years prior to the date of the petition.
(b) A petitioner may petition the board to consider granting a posthumous pardon for a specific compelling reason or reasons for the purpose of remedying social injustice evident by the person’s circumstances of conviction.
(c)(1) The petition shall include attestations of all of the following:
a. That the petitioner is an eligible petitioner under this article.
b. That the petitioner has personally conducted an intelligent evaluation of the person’s case.
c. The compelling reason or reasons for which the petitioner requests a posthumous pardon for the purpose of remedying social injustice evident by the person’s circumstances of conviction.
d. That all information contained in the petition and any supporting documentation or evidence submitted by the petitioner is believed to be true and accurate.
(2) The petition shall also include supporting documentation or evidence of the compelling reason or reasons supporting the award of a posthumous pardon.
(d) The board shall have no power to grant a posthumous pardon unless the petition specifies a compelling reason or reasons for which the petitioner seeks application for the candidate’s posthumous pardon to remedy social injustice evident by the person’s circumstances of conviction.
(e) Following receipt and review of the petition and supporting documentation or evidence, the board shall conduct a hearing on the petition. The board shall not be required to conduct an investigation to consider or grant a posthumous pardon in accordance with this article, but may rely on the written petition and accompanying documentation or evidence, along with evidence presented at the hearing. The petitioner, public officials, and other witnesses, including members of the public, may testify and present evidence at the hearing in support of or in opposition to the petition. The board shall hold ultimate discretion in granting a posthumous pardon. Upon the unanimous affirmative vote of the board, a posthumous pardon may be issued.
(f) The notification requirements of Sections 15-22-23 and 15-22-36 shall not apply to this article, and the board’s power to grant posthumous pardons shall not otherwise be limited by Sections 15-22-23 and 15-22-36. The board shall provide general notice of a posthumous pardon hearing by publicly posting on the state agency website the name of the posthumous pardon candidate along with the date, time, and location of the hearing.
(Act 2013-81, p. 180, §4; Act 2022-382, §1.)
For the public welfare, a pardon granted by the board pursuant to this article shall not require formal delivery to and acceptance by the candidate’s family or legal heirs in order to be considered valid.
(Act 2013-81, p. 180, §5.)
Nothing in this article, nor any determination made by the Alabama Board of Pardons and Paroles pursuant to this article, shall give rise to any liability from any act or omission of any governmental entity or otherwise give rise to any legal claim, suit, or action, including for reparations to a surviving family member of a person pardoned under this article or to a posthumously pardoned person’s estate. All Board of Pardons and Paroles’ files and records created and maintained pursuant to this article shall be subject to the absolute governmental privilege created by subsection (b) of Section 15-22-36.
(Act 2013-81, p. 180, §6.)
This article shall be known and may be cited as the “Alabama Crime Victims Compensation Act.”
(Acts 1984, No. 84-658, p. 1308, §1.)
The Legislature hereby finds, determines and declares that victims of violent crime are often reduced to bereft and destitute circumstances as a result of the criminal acts perpetrated against them, that the financial or economic resources of such victims and their dependents are in many instances distressed or depleted as a result of injuries inflicted upon them by violent criminals.
That the general social and economic welfare of such victims and their dependents is and ought to be intimately affected with the public interest, that the deplorable plight of these unfortunate citizens should not go unnoticed by our institutions and agencies of government.
The Legislature hereby further finds, determines and declares that it is to the benefit of all that victims of violence and their dependents be assisted financially and socially whenever possible.
To this end the Legislature intends to provide a means whereby victims of violent crime and their dependents may be provided compensation in the amount of actual expenses incurred as a direct result of criminal acts of other persons.
The provisions of this article are to be construed so as to accomplish this purpose and to promote the same which is hereby declared to be the public policy of this state.
(Acts 1984, No. 84-658, p. 1308, §2.)
As used in this article the following words shall include, but are not limited to the following meanings unless the context clearly requires a different meaning:
(1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section 15-23-4.
(2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the following acts:
a. An act occurring or attempted within the geographical boundaries of this state which results in serious personal injury or death to a victim for which punishment by fine, imprisonment, or death may be imposed.
b. An act occurring or attempted outside the geographical boundaries of this state in another state of the United States of America which is punishable by fine, imprisonment, or death and which results in personal injury or death to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331 of Title 18, United States Code, committed outside of the United States, against a resident of this state; provided however, the citizen at the time such act was committed had a permanent place of residence within the geographical boundaries of this state, and in addition thereto any of the following circumstances apply, that the citizen:
Had a permanent place of employment located within the geographical boundaries of this state.
Was a member of the regular Armed Forces of the United States of America; or the United States Coast Guard; or was a full-time member of the Alabama National Guard, Alabama Air National Guard, U.S. Army Reserve, U.S. Naval Reserve, or U.S. Air Force Reserve.
Was retired and receiving Social Security or other retirement income.
Was 60 years of age or older.
Was temporarily in another state of the United States of America for the purpose of receiving medical treatment.
Was temporarily in another state of the United States of America for the purpose of performing employment-related duties required by an employer located within the geographical boundaries of this state as an express condition of employment or employee benefits.
Was temporarily in another state of the United States of America for the purpose of receiving occupational, vocational, or other job-related training or instruction required by an employer located within the geographical boundaries of this state as an express condition of employment or employee benefits.
Was a full-time student at an academic institution, college, or university located in another state of the United States of America.
Had not departed the geographical boundaries of this state for a period exceeding 30 days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state.
The term “criminally injurious conduct” shall not mean: An act committed outside the geographical boundaries of this state upon a person who was not at the time a citizen of Alabama, or an act committed outside the geographical boundaries of this state upon a person who at the time had departed the geographical boundaries of this state for the purpose of becoming a citizen of, or establishing a permanent place of residence in, another state.
(3) VICTIM. A person who suffered serious personal injury or death as a result of criminally injurious conduct.
(4) DEPENDENT. A natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct.
(5) CLAIMANT. Any of the following persons applying for compensation under this article:
a. A victim.
b. A dependent of a deceased victim, if such victim died as a result of criminally injurious conduct.
c. A person authorized to act on behalf of a victim or a dependent of a deceased victim if such victim died as a result of criminally injurious conduct.
(6) ALLOWANCE EXPENSE. Charges incurred for needed products, services, and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational rehabilitation, rehabilitative occupational training, and other remedial treatment and care. It also includes a total charge not in excess of seven thousand dollars ($7,000) for expenses related to funeral, cremation, or burial.
(7) WORK LOSS. Loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work which he or she was capable of performing but unreasonably failed to undertake. Work loss also includes loss of income of an offender charged with domestic violence under Sections 13A-6-130, 13A-6-131, and 13A-6-132 when the victim was residing with the offender at the time of commission of the offense and the offender’s income was a significant source of direct support for the victim.
(8) REPLACEMENT SERVICES LOSS. Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, not for income, but for the benefit of self or family, if the victim had not been injured or died.
(9) ECONOMIC LOSS OF A DEPENDENT. A loss after the death or injury of the victim of contributions of things of economic value to the dependent, not including services which would have been received from the victim if he or she had not suffered the fatal injury, less expenses of the dependent avoided by reason of death or injury of the victim.
(10) REPLACEMENT SERVICES LOSS OF DEPENDENT. The loss reasonably incurred by dependents after death of the victim in obtaining ordinary and necessary services in lieu of those the deceased victim would have performed for their benefit had the deceased victim not suffered the fatal injury, less expenses of the dependent avoided by reason of death of the victim and not subtracted in calculating the economic loss of the dependent.
(11) ECONOMIC LOSS. Monetary detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, economic loss and replacement services loss of a dependent, but shall not include noneconomic loss or noneconomic detriment.
(12) NONECONOMIC LOSS or DETRIMENT. Pain, suffering, inconvenience, physical impairment, and nonpecuniary damage.
(13) COLLATERAL SOURCE. Source of income, financial or other benefits or advantages for economic loss other than the compensation paid by the compensation commission which the claimant has received or is entitled to receive or is readily available to the claimant, from any one or more of the following:
a. The offender.
b. The government of the United States or any agency thereof, in the form of benefits, such as Social Security, Medicare and Medicaid, a state or any of its political subdivisions or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excessive or secondary to benefits under this article.
c. Any temporary nonoccupational disability insurance.
d. Workers’ compensation.
e. Wage continuation programs of any employer.
f. Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct.
g. A contract providing prepaid hospital and other health care services or benefits for disability.
(14) OFFICE OF PROSECUTION SERVICES. The Office of Prosecution Services as established by Section 12-17-230.
(Acts 1984, No. 84-658, p. 1308, §3; Acts 1986, No. 86-510, p. 993, §1; Acts 1990, No. 90-470, p. 677, §1; Act 98-492, p. 945, §1; Act 2014-335, p. 1232, §1.)
(a) The Alabama Crime Victims Compensation Commission is created and shall be composed of three residents of this state, who shall be appointed by the Governor with the advice and consent of the Senate, for terms of four years each or until their successors are appointed and qualified. Provided however, initial appointments shall be as follows: One member shall be appointed for two years, one member shall be appointed for three years, and one member shall be appointed for four years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for four-year terms. The membership of the board shall be inclusive and the Governor shall coordinate his or her appointments so that the diversity of gender, race, and geographical areas is reflective of the makeup of this state.
(b) At least one member shall be a law enforcement officer with a minimum of 10 years’ experience in or with a law enforcement agency which has among its primary duties and responsibilities the investigation of violent crimes and the apprehension or arrest of the perpetrators.
(c) At least one member shall be a victim of a crime of violence who suffered serious personal injury as a result of the crime, a member of a victim’s immediate family or a member of a deceased victim’s immediate family if the deceased victim died as a result of a crime of violence, or an officer of a nonprofit charitable crime victims organization established pursuant to the laws of Alabama.
(d) Each year the commission shall elect a chair from its membership.
(e) The commission may appoint an executive director who shall serve at the pleasure of the commission and shall be paid a salary in an amount to be determined by the commission.
(f) The commission shall have its principal place of business in the county where the State Capitol is located.
(g) The commission shall hold, at its principal place of business, quarterly public meetings at times and places as its members may elect.
(h) Any two members of the commission shall constitute a quorum for purposes of transacting the business of the commission and two votes in favor shall be necessary for a decision by the commission at any meeting of the commission.
(i) The commission shall establish rules for the administration of its duties and responsibilities pursuant to this chapter.
(j) The chair of the commission shall keep a true record of all of the proceedings of the meetings of the commission. At the call of any member, the vote on any pending question shall be taken by ayes and nays, and the same shall be entered in the record. The record of the proceedings of the commission shall be open to any member of the commission and to the public. A copy of the record, certified by the chair, shall be competent evidence in all courts.
(k) The commission may not disclose the names and addresses of victims or claimants who have applied for compensation pursuant to this article or the facts or circumstances of the criminally injurious conduct perpetrated against them.
(l) All members and employees of the commission handling money or exercising authority over any property, before entering the discharge of their duties, shall provide a bond with a surety company authorized to do business in this state, as surety, payable to the commission in an amount or amounts sufficient to protect the commission against any loss with respect to the funds, money, or property handled, conditioned for the faithful discharge of their duties and responsibilities and further conditioned upon their faithfully accounting for all monies, funds, or properties coming into their possession in the capacity of their employment.
(m) The Attorney General or the district attorney of the county where the State Capitol is located, upon written request by the commission, shall represent the commission in all litigation where the commission is a party or in which the commission has an interest. The Attorney General shall serve as a legal advisor to the commission.
(n) All commission members shall be paid two hundred fifty dollars ($250) per day and mileage for attendance of commission meetings. Mileage and per diem shall be the same as allowed state employees when a commission member is traveling on official business of the commission and shall be paid from the Alabama Crime Victims Compensation Fund.
(Acts 1984, No. 84-658, p. 1308, §4; Acts 1986, No. 86-510, p. 993, §2; Act 98-492, p. 945, §1; Act 2009-749, p. 2268, §1; Act 2022-196, §1.)
The commission shall have all the powers and privileges of a corporation and all of its business shall be transacted in the name of the commission. In addition to any other powers and duties specified elsewhere in this article, the commission may do any of the following:
(1) Regulate its own procedures except as otherwise provided in this chapter.
(2) Define any term not defined in this article.
(3) Prescribe forms necessary to carry out the purposes of this article.
(4) Obtain access to investigative reports made by law enforcement officers or law enforcement agencies which may be necessary to assist the commission in making a determination of eligibility for compensation under this article; provided, however, the reports and the information contained herein, when received by the commission, shall be confidential and under no circumstances may the commission disclose the same except to a grand jury.
(5) Take judicial notice of general, technical, and scientific facts within their specialized knowledge.
(6) Publicize the availability of compensation and information regarding the filing of claims.
(7) Collect all monies provided by this article to be collected by the commission.
(8) Provide for and maintain all necessary administrative facilities and personnel.
(9) Provide for payment of all administrative salaries, fees, and expenses.
(10) Cause its monies to be invested and its investments sold or exchanged and the proceeds and income collected.
(11) Determine who is a victim or dependent.
(12) Consider all applications for compensation or other benefits provided for in this article.
(13) a. Authorize the executive director to determine eligibility for all applications for compensation and authorize payment for approved and reduced claims.
b. The commission shall review all contested cases pursuant to the Alabama Administrative Procedure Act. The commission may affirm, reverse, or modify the executive director’s claims decisions.
(14) Adopt rules to expedite the administration of the affairs of the commission not inconsistent with this article.
(15) Provide descriptive literature and promotional items respecting the commission and its duties.
(16) Pay all compensation or other benefits that may be determined to be due under this article and under the rules of the commission.
(17) Employ agents, attorneys, actuaries, and other specialized personnel as needed by the commission.
(18) Receive by gift, grant, devise, or bequest any monies or properties of any nature or description.
(19) Accept and administer loans, grants, and donations from the federal government, its agencies, and all other sources, public and private, for carrying out any of its functions.
(20) Develop a comprehensive analysis of the problems regarding victims of crime within the criminal justice system or systems of this state and formulate model programs, plans, or methods for lessening the physical, mental, or financial burdens placed on innocent crime victims by the operation of the criminal justice system both on the state and local level.
(21) Identify laws, rules, or regulations proposed or adopted by any agency or institution of this state or any political subdivision thereof which have or will have a significant adverse or beneficial impact upon crime victims and to advocate the adoption, repeal, or modification thereof in the interest of innocent victims of crime.
(22) Collect, develop, and maintain statistical information, records, and reports to carry out its powers, duties, or functions pursuant to this article. All agencies and institutions of this state or the political subdivisions thereof, upon a written request by the commission, shall furnish the commission statistical information or data as requested by the commission to fulfill its duties and responsibilities.
(23) Award loans or grants of money, equipment, or personnel to public or private nonprofit corporations or associations, agencies of the State of Alabama or political subdivisions thereof, or to state, county, or municipal law enforcement, prosecutorial, or judicial agencies upon terms and conditions as the commission may deem proper for the purpose of developing, enhancing, or establishing bona fide model crime victims service programs which emphasize the collection of restitution from criminals as an integral part of the criminal justice process. The loans or grants shall only be awarded when sufficient funds are available in excess of reasonably anticipated or projected claims for compensation.
(24) Provide for the cost of forensic medical examinations for the purpose of gathering evidence and treatment for preventing sexually transmitted infections in sexual abuse crimes and offenses.
(25) Carry out any powers expressly granted elsewhere in this article to the commission.
(26) All other powers necessary for the proper administration of this article.
(Acts 1984, No. 84-658, p. 1308, §5; Acts 1986, No. 86-510, p. 993, §3; Acts 1990, No. 90-470, p. 677, §2; Acts 1995, No. 95-494, p. 994, §1; Act 2014-335, p. 1232, §1; Act 2022-196, §1.)
The commission shall publish annually a report showing the fiscal transactions of the commission for the preceding year, the amount of the accumulated cash and securities of the commission and a balance sheet showing the financial condition of the commission by means of an actuarial evaluation of the assets and liabilities of the commission.
(Acts 1984, No. 84-658, p. 1308, §6.)
The Director of the Department of Examiners of Public Accounts shall at least once a year and at such other times as such director shall deem appropriate cause to be performed a detailed audit of the financial affairs of the commission and shall promptly notify the appropriate grand jury as to any possible violations of law.
(Acts 1984, No. 84-658, p. 1308, §7.)
(a) The commission may award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(b) The commission shall hear and determine all matters relating to claims for compensation, and shall have the power to reinvestigate or reopen claims without regard to statutes of limitation.
(c) The commission shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence.
(Acts 1984, No. 84-658, p. 1308, §8.)
The commission shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving or was entitled to receive such benefits prior to the occurrence giving rise to the claim under the provisions of this article; provided, however, no applicant shall be denied compensation solely because such applicant is entitled to income from a collateral source.
(Acts 1984, No. 84-658, p. 1308, §9.)
(a) Every party to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence in reply to any matter of an evidentiary nature in the record relevant to the claim.
(b) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice pursuant to regulations promulgated by the commission. A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the commission.
(c) The commission may, without a hearing, settle a claim by stipulation, agreed settlement, consent order or default.
(Acts 1984, No. 84-658, p. 1308, §10.)
(a) Any person filing a claim under the provisions of this article shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant.
(b) If the mental, physical or emotional condition of a claimant is material to a claim, the commission upon physical examination may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file with the commission a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses and other conclusions and reports of earlier examinations of the same conditions.
(c) The commission, upon request, shall furnish the victim a copy of such report. If the victim is deceased, the commission, on request, shall furnish a copy of the report to the claimant.
(d) The commission may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
(Acts 1984, No. 84-658, p. 1308, §11.)
AMENDED BY ACT 2026-487, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Compensation shall not be awarded in any of the following circumstances:
(1) A claim has been filed with the commission later than one year after the injury or death upon which the claim is based, unless the commission finds there was good cause for the failure to file within that time.
(2) To a claimant who was the offender, or an accomplice of the offender, or who encouraged or in any way participated in the criminally injurious conduct.
(3) If the award would unjustly benefit the offender or accomplice of the offender.
(4) The criminally injurious conduct resulting in injury or death was reported to a law enforcement officer later than 72 hours after its occurrence, unless the commission finds there was good cause for the failure to report within that time.
(b) Compensation otherwise payable to a claimant may be diminished or denied to the extent that the economic loss is recouped from collateral sources; or to the extent that the degree of responsibility for the cause of the injury or death is attributable to the victim as determined by the commission.
(c) The commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw, or reduce an award of compensation.
(d) The commission, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a commission decision for the purpose of judicial review.
(Acts 1984, No. 84-658, p. 1308, §12; Acts 1990, No. 90-470, p. 677, §3; Acts 1995, No. 95-494, p. 994, §2; Act 98-492, p. 945, §1.)
Except as provided elsewhere in this article, an award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or certiorari is pending, or a rehearing or new trial has been ordered. The commission may suspend the proceedings pending disposition of criminal prosecution that has been commenced or is imminent, but may make a tentative award under this section.
(Acts 1984, No. 84-658, p. 1308, §13.)
(a) If compensation is awarded, the commission shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that compensation was awarded.
(b) In the event the claimant recovers compensation, other than under the provisions of this article, for injuries or death resulting from criminally injurious conduct, the claimant shall retain, as trustee for the commission, so much of the recovered funds as necessary to reimburse the Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the claimant from that fund. The funds retained in trust shall be promptly paid over to the commission and deposited in the Alabama Crime Victims Compensation Fund.
Whenever the commission shall deem it necessary to protect, maintain or enforce the commission’s right to subrogation or to exercise any of its powers or to carry out any of its duties or responsibilities the commission may initiate legal proceedings or intervene in legal proceedings.
(c) If a claimant initiates any legal proceeding to recover restitution or damages related to the criminally injurious conduct upon which compensation is claimed or awarded, the claimant shall give the commission written notice within 15 days of the filing of the action. The commission may intervene in the proceeding as a complainant to recover the compensation awarded. If a claimant fails to give such written notice to the commission within the stated time period, or prior to any attempt by claimant to reach a negotiated settlement of claims for recovery of damages related to the criminally injurious conduct, the commission’s right of subrogation to receive or recover funds from claimant, to the extent that compensation was awarded by the commission, shall not be reduced in any amount or percentage by the costs incurred by claimant attributable to such legal proceedings or settlement; including, but not limited to, attorney’s fee, expert witness fees, investigative costs or cost of court. If such notice is given, attorney fees may be awarded in an amount not to exceed 15 percent of the amount subrogated to the commission.
(d) Whenever compensation is awarded to a claimant who is entitled to restitution from a criminal defendant, the commission may initiate restitution hearings in such criminal proceedings or intervene in the same. The commission shall be entitled to receive restitution in such proceedings to the extent that compensation was awarded. The commission shall be subrogated to all the rights and remedies of such claimant for the collection of restitution to the extent compensation was awarded; provided however, the commission shall be exempt from the payment of any fees or other charges for the recording of restitution orders in the offices of the judges of probate.
(Acts 1984, No. 84-658, p. 1308, §14; Acts 1986, No. 86-510, p. 993, §4; Acts 1990, No. 90-470, p. 677, §4.)
(a) Compensation for work loss, replacement services loss, dependent’s economic loss, and dependent’s replacement services loss may not exceed six hundred dollars ($600) per week.
(b) Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed twenty thousand dollars ($20,000) in the aggregate.
(c) The commission may provide for the payment to a claimant in a lump sum or in installments. At the request of the claimant, the commission may convert future economic loss, other than allowable expense, to a lump sum, but only upon a finding by the commission that the award in a lump sum will promote the interests of the claimant.
(d) An award payable in installments for future economic loss may be made only for a period as to which the commission can reasonably determine future economic loss. An award payable in installments for future economic loss may be modified by the commission upon its findings that a material and substantial change of circumstances has occurred.
(e) An award shall not be subject to state or municipal taxation or to execution, attachment, or garnishment, except as the same may pertain to an obligation for the support of dependent children or as the same may pertain to a creditor which has provided products, services, or accommodations, the costs of which are included in the award.
(f) An assignment by the claimant to any future award under the provisions of this article is unenforceable, except any of the following assignments:
(1) An assignment of any award for work loss to assure payment of court-ordered child support.
(2) An assignment of any award for an allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
(Acts 1984, No. 84-658, p. 1308, §15; Acts 1990, No. 90-470, p. 677, §5; Act 98-492, p. 945, §1; Act 2014-335, p. 1232, §1.)
(a) There is hereby established a special fund to be known as the Alabama Crime Victims Compensation Fund.
(b) The fund shall be placed under the management or administration of the Alabama Crime Victims Compensation Commission for purposes of providing compensation or other benefits to crime victims and for purposes of implementing this article.
(c) The fund shall consist of all moneys collected or received by the Alabama Crime Victims Compensation Commission from any source.
(d) The commission shall have control of the funds not inconsistent with this article and with the laws of Alabama.
(e) All moneys of the commission shall be covered into the State Treasury or deposited in a special trust account and may be withdrawn therefrom by vouchers or check signed by the chair of the commission pursuant to authorization given by the commissioner. All investments of moneys in the fund shall be either deposited with the State Treasurer for safekeeping upon receipt of the State Treasurer therefor or deposited with the bank in a custodial account. The commission shall have authority to expend moneys in the fund in accordance with this article and to invest any moneys so received pending other needs therefor in any investments which are legal investments for insurance companies under the laws of the state.
(f) No member of the commission shall have any interest in the investments or receive any commission with respect thereto.
(g) It shall be the duty of the commission to keep detailed permanent records of all expenditures and disbursements from the fund.
(h) The commission is authorized to accept and use funds available to it from all sources, such as grants, appropriations, gifts, donations, and other sources for purposes of implementing this article.
(i) The commission may not award any moneys for the six months immediately following passage of this article.
(j) The commission may not award or promise to award more moneys than are available in the fund.
(k) The commission shall not spend more than 25 percent of its funds for administrative costs.
(Acts 1984, No. 84-658, p. 1308, §16; Acts 1995, No. 95-494, p. 994, §3.)
(a) In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances which are tried in any court or tribunal in this state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there is imposed an additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each proceeding where the offense constitutes a felony , but there shall be no additional costs imposed for violations relating to parking of vehicles.
The amount of all costs shall be remitted by the person or authority collecting the costs to the chair of the commission on the tenth day of each month next succeeding that in which the cost is paid. It shall be the duty of the clerk or other authority collecting the court costs to keep accurate records of the amounts due the commission for the benefit of the fund under this section.
(b) In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted or pleading guilty to a felony or a misdemeanor or a violation for which the person is adjudicated a juvenile delinquent, or a youthful offender, shall be ordered to pay a victim compensation assessment of not less than fifty dollars ($50), nor more than ten thousand dollars ($10,000), for each felony for which the person was convicted or adjudicated and not less than twenty-five dollars ($25), nor more than one thousand dollars ($1,000), for each misdemeanor or violation for which the person was convicted, adjudicated, or otherwise disposed of when the court orders that costs be paid. In imposing this penalty, the court shall consider factors such as the severity of the crime, the prior criminal record, and the ability of the defendant to pay, as well as the economic impact of the victim compensation assessment on the dependents of the defendant. Any person adjudicated a juvenile delinquent shall be ordered to pay a victim compensation assessment of not less than twenty-five dollars ($25), nor more than one thousand dollars ($1,000), for each adjudication, regardless of the underlying charge, but the assessment or penalty authorized by this subsection shall not be assessed or collected for any conservation, forestry, or water safety offense, nor any traffic offense, except those that are punishable as a felony offense or involve the operation or actual physical control of any vehicle while intoxicated or under the influence of drugs, or reckless driving. If a court fails to specifically impose an assessment required by this section, the clerk of court shall automatically assess a victim compensation assessment in the minimum amount provided herein. The additional assessment or penalty shall be collected by the clerk of court insuring that the first twenty-five dollars ($25) of each felony assessment and twelve dollars and fifty cents ($12.50) of each misdemeanor assessment shall be promptly paid over to the commission. The second twenty-five dollars ($25) of each felony assessment and twelve dollars and fifty cents ($12.50) of each misdemeanor assessment shall be promptly paid to the Office of Prosecution Services. Any victim assessment fees ordered above the minimum shall be paid to the commission fund.
(c) The Office of Prosecution Services shall create a Victim Services Fund and the assessments received by the Office of Prosecution Services shall be deposited into the Victim Services Fund. The funds received by the Office of Prosecution Services shall be distributed by the Executive Committee of the Alabama District Attorneys Association to the various district attorneys’ offices to employ a minimum of one full-time victim service officer in each circuit and to provide other direct services to victims as needed.
(Acts 1984, No. 84-658, p. 1308, §17; Acts 1986, No. 86-510, p. 510, §5; Acts 1990, No. 90-470, p. 677, §6; Acts 1995, No. 95-494, p. 994, §4.)
(a) Any person who confers, offers, or agrees to confer anything of value upon a member, agent or employee of the Alabama Crime Victims Compensation Commission with the intent that such member’s or agent’s or employee’s vote, opinion, judgment or exercise of discretion or other action in such member’s or agent’s or employee’s official capacity will thereby be influenced shall be guilty of a Class B felony.
(b) Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall solicit, accept, or agree to solicit or accept anything of value upon an agreement or understanding that such member’s or agent’s or employee’s vote, opinion, judgment or exercise of discretion or other action as such member, agent, or employee will thereby be influenced shall be guilty of a Class B felony.
(c) It shall not be a defense to a prosecution under this section that the member, agent or employee sought to be influenced was not qualified to act in the desired way because of a lack of jurisdiction or for any other reason.
(Acts 1984, No. 84-658, p. 1308, §18.)
(a) A member, agent or employee of the Alabama Crime Victims Compensation Commission commits the crime of failing to disclose a conflict of interest if such member, agent or employee exercises any discretionary function in connection with a commission contract, purchase, payment or other pecuniary transaction pertaining to the commission without advance public disclosure of a known potential conflicting interest in the transaction.
(b) A “potential conflicting interest” exists, but is not limited to, when the member, agent or employee of the commission is a director, president, general manager or similar executive officer, or owns directly or indirectly a substantial portion of any nongovernmental entity participating in the transaction.
(c) Public disclosure shall mean a public announcement and written notification to the Attorney General.
(d) Failing to disclose a conflict of interest is a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §19.)
Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall knowingly make a false entry or falsely alter any commission record; or who shall intentionally destroy, mutilate, conceal, remove or otherwise impair the verity or availability of any commission record with the knowledge of a lack of authority to do so; or who shall possess a record of the commission and refuse to deliver up such record upon proper request of a person lawfully entitled to receive the same shall be guilty of a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §20.)
(a) Any person who shall knowingly furnish any false information to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof with the intent to defraud the said commission; or with the intent to obtain an award of compensation for a person not entitled to receive the same shall be guilty of a Class C felony.
(b) Any person who shall knowingly fail or omit to disclose a material fact or circumstance to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof which is material to a claim for an award of compensation with the intent to defraud the commission or with the intent to cause a person to obtain or receive an award of compensation to which such person is not entitled shall be guilty of a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §21.)
(a) Any person who shall knowingly obtain or exert any unauthorized control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Class C felony.
(b) Any person who shall knowingly obtain by deception any control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §22.)
Any person who shall perpetrate any criminally injurious conduct on the person of another or who shall be convicted of a felony after making application to the Alabama Crime Victims Compensation Commission for compensation shall not be eligible or entitled to receive compensation pursuant to any provision of this article.
(Acts 1984, No. 84-658, p. 1308, §23.)
This article shall be entitled “The Victim Counselor Confidentiality Act of 1987.”
(Acts 1987, No. 87-598, p. 1040, §1.)
As used in this article, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated:
(1) CONFIDENTIAL COMMUNICATION. Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor’s treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence.
(2) VICTIM. A person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence.
(3) SEXUAL ASSAULT. Any sexual offense enumerated in Sections 13A-6-60 through 13A-6-70.
(4) FAMILY VIOLENCE. The occurrence of one or more of the following acts between family or household members:
a. Attempting to cause or causing physical harm.
b. Placing another in fear of imminent serious physical harm.
(5) FAMILY or HOUSEHOLD MEMBERS. Children, spouses, former spouses, persons of the opposite sex living as spouses now or in the past, or persons 60 years of age or older living in the same household and related by blood or marriage.
(6) VICTIM COUNSELING. Assessment, diagnosis, and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. Victim counseling includes, but is not limited to, crisis intervention.
(7) VICTIM COUNSELING CENTER. A private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence.
(8) VICTIM COUNSELOR. Any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims who is not affiliated with a law enforcement agency or a prosecutor’s office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence.
(Acts 1987, No. 87-598, p. 1040, §2.)
(a) A victim, a victim counselor without the consent of the victim, or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party, cannot be compelled to give testimony or to produce records concerning confidential communications for any purpose in any criminal proceeding.
(b) A victim counselor or a victim cannot be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding.
(c) The confidential communication privilege of a victim counselor with respect to communications made between the counselor and the victim shall terminate upon the death of the victim.
(Acts 1987, No. 87-598, p. 1040, §2; Acts 1995, No. 95-536, p. 1094, §1.)
(a) A victim does not waive the protections afforded by this article by testifying in court about the crime.
(1) However, if the victim partially discloses the contents of a confidential communication in the course of testifying, then either party may request the court to rule that justice requires the protections of this section be waived, to the extent they apply to that portion of the communication.
(2) Any waiver shall apply only to the extent necessary to require any witness to respond to counsel’s questions concerning the confidential communication that are relevant to the facts and circumstances of the case.
(b) A victim counselor cannot waive the protections afforded to a victim under this section. However, if a victim brings suit against a victim counselor or the agency, business, or organization in which the victim counselor was employed or served as a volunteer at the time of the counseling relationship and the suit alleges malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim and is not liable for doing so.
(Acts 1987, No. 87-598, p. 1040, §2.)
Nothing in this article shall be construed to limit any other testimonial privilege available to any person under other statutes or rules.
(Acts 1987, No. 87-598, p. 1040, §2.)
This article shall not be construed to relieve victim counselors of any duty to report suspected child abuse or neglect or any evidence that the victim is about to commit a crime.
(Acts 1987, No. 87-598, p. 1040, §2.)
Nothing in this article shall be construed to permit a victim counselor to administer or prescribe drugs in any form, or in any manner to engage in the practice of medicine as defined by the laws of this state or to engage in any act or to perform any service which act or service requires a license as described in Chapters 8A, 21, 24, 26, or 30 of Title 34, unless such victim counselor is duly licensed by the appropriate licensing agency. Nothing in this article shall be construed to enlarge or expand the scope of practice of any of the licensed professions or occupations enumerated above by virtue of an individual being designated as or holding the position of victim counselor.
(Acts 1987, No. 87-598, p. 1040, §2.)
As used in this article, the following words shall have the following meanings:
(1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial.
(2) APPELLATE PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave, passes, and furloughs.
(5) COURT. All state courts including juvenile courts.
(6) CRIME VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity that receives public funding primarily to provide counseling, treatment, or other supportive assistance to crime victims.
(7) CRIMINAL OFFENSE. Conduct that gives a law enforcement officer or prosecutor probable cause to believe that a felony involving physical injury, the threat of physical injury, or a sexual offense, or any offense involving spousal abuse or domestic violence has been committed.
(8) CRIMINAL PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court but does not include a lineup, grand jury proceeding, or other matter not held in the presence of the court.
(9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections, juvenile detention facility, Department of Youth Services, the Board of Pardons and Paroles, or a secure mental health facility having custody of a person who is arrested or is in custody for a criminal offense.
(10) DEFENDANT. A person or entity that is formally charged by complaint, indictment, information, or petition, of committing a criminal offense.
(11) FINAL DISPOSITION. The ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal, or imposition of a sentence.
(12) IMMEDIATE FAMILY. The spouse, parent, child, sibling, or grandparent of the victim, unless that person is in custody for an offense or is the accused.
(13) LAWFUL REPRESENTATIVE. A person who is designated by the victim, who is a member of the immediate family, or appointed by the court and who will act in the best interests of the victim.
(14) POST-ARREST RELEASE. The discharge of the accused from confinement on recognizance, bond, or other condition.
(15) POST-CONVICTION RELEASE. Parole, or discharge from confinement by an agency having custody of the prisoner.
(16) POST-CONVICTION RELIEF PROCEEDING. A hearing, argument, or other matter that is held in any court and that involves a request for relief from a conviction, sentence, or adjudication.
(17) PRISONER. A person who has been convicted or adjudicated of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the Alabama Department of Corrections, Department of Youth Services, juvenile detention facility, a municipal jail, or a secure mental health facility.
(18) RIGHT. Any right granted to the victim by the laws of this state.
(19) VICTIM. A person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the spouse, sibling, parent, child, or guardian of the person, except if the person is in custody for an offense or is the accused.
(Acts 1995, No. 95-583, p. 1234, §1.)
(a) If a victim is physically or emotionally unable to exercise any right established by this article, but is able to designate a lawful representative, the designated representative or person may exercise the same rights that the victim is entitled to exercise. The victim may revoke his or her designated representation at any time and thereafter exercise his or her rights.
(b) If a victim is incompetent, deceased, or otherwise incapable of designating another person to act in his or her behalf, the court may appoint a lawful representative who is not a witness in the case. If at any time the victim is no longer incompetent, incapacitated, or otherwise incapable of acting, the victim may personally exercise his or her rights.
(c) If the victim is a minor, the parent or other immediate family of the victim, or other designated representative as determined by the court, may exercise all of the rights of the victim on behalf of the victim.
(Acts 1995, No. 95-583, p. 1234, §2.)
Within 72 hours, unless the victim is unavailable or incapacitated as a result of the crime, after the initial contact between a victim of a reported crime and the law enforcement agency either responding to the report of the crime of the victim or another person, or having responsibility for investigating the crime, the law enforcement agency shall provide to the victim in a manner and form designed and produced for the appropriate governmental agency or office, the following information:
(1) The availability of emergency and crisis services.
(2) The availability of victims’ compensation benefits and the name, address, and telephone number of the Alabama Crime Victims Compensation Commission.
(3) The name of the law enforcement officer and telephone number of the law enforcement agency with the following statement attached: “If within 60 days you are not notified of an arrest in your case, you may call the telephone number of the law enforcement agency for the status of the case.”
(4) The procedural steps involved in a criminal prosecution.
(5) The rights authorized by the Alabama Constitution on rights of victims, including a form to invoke these rights.
(6) The existence and eligibility requirements of restitution and compensation pursuant to Section 15-18-65 et seq. and Section 15-23-1 et seq.
(7) A recommended procedure if the victim is subjected to threats or intimidation.
(8) The name and telephone number of the office of the prosecuting attorney to contact for further information.
(Acts 1995, No. 95-583, p. 1234, §3.)
(a) Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant, criminal proceedings, except initial appearances, as soon as practicable, including any changes that may occur.
(b) The victim shall provide to and maintain with the office of the prosecuting attorney a request for notice on a form provided by the agency. The form shall include the telephone number and address of the victim. If the victim fails to keep this information current, his or her request for notice shall be considered withdrawn and void. Except as otherwise provided, all notices provided to a victim pursuant to this article shall be on forms developed and produced for the appropriate government agency or office.
(Acts 1995, No. 95-583, p. 1234, §4.)
The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.
(Acts 1995, No. 95-583, p. 1234, §5.)
The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
(Acts 1995, No. 95-583, p. 1234, §6.)
The rights of the victim do not include the authority to direct the prosecution of the case.
(Acts 1995, No. 95-583, p. 1234, §7.)
The victim has the right to be present throughout all criminal proceedings pursuant to Section 15-14-50 et seq.
(Acts 1995, No. 95-583, p. 1234, §8.)
The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall minimize contact of the victim with the defendant, relatives of the defendant, and defense witnesses during court proceedings. For victims of domestic violence, if a separate waiting area is not available, the presiding circuit judge shall create procedures so that the defendant has no contact with the victim.
(Acts 1995, No. 95-583, p. 1234, §9; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
(a) Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor may petition the court to direct that the victim or any other witness not be compelled to testify during pre-trial proceedings or to any trial, facts that could divulge the identity, residence, or place of employment of the victim, or other related information without consent of the victim unless necessary to the prosecution of the criminal proceeding. If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the victim contained in the court file shall not be public record.
(Acts 1995, No. 95-583, p. 1234, §10.)
The victim has the right to refuse a request by the defendant, the attorney of the defendant, or by any other person acting on behalf of the defendant, for an interview or other communication with the victim.
(Acts 1995, No. 95-583, p. 1234, §11.)
The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless:
(1) The prosecuting attorney advises the court that, before requesting the negotiated plea, reasonable efforts were made to confer with the victim.
(2) Reasonable efforts are made to give the victim notice of the plea proceeding, including the offense to which the defendant will plead guilty, the date that the plea will be presented to the court, the terms of any sentence agreed to as part of the negotiated plea, and that the victim has the right to be present.
(3) The prosecuting attorney advises the court that, to the best of his or her knowledge, the notice requirements of this article have been met.
(Acts 1995, No. 95-583, p. 1234, §12.)
The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:
(1) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.
(2) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:
a. The existence and function of the pre-sentence report.
b. The name, address, and telephone number of the office of the Board of Pardons and Paroles which is preparing the pre-sentence report.
c. The right to make a victim impact statement.
d. The right of the defendant to view the pre-sentence report.
e. The right to be present and be heard at any sentencing proceeding.
f. The time, place, and date of the sentencing proceeding.
g. If the court orders restitution, the right to pursue collection of the restitution as provided by Section 15-18-65 et seq.
(Acts 1995, No. 95-583, p. 1234, §13.)
(a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.
(b) The victim shall have the right to review a copy of the pre-sentence investigative report, subject to the applicable federal or state confidentiality laws, at the same time the document is available to the defendant or his or her counsel.
(Acts 1995, No. 95-583, p. 1234, §14.)
The victim has the right to present evidence, an impact statement, or information that concerns the criminal offense or the sentence during any pre-sentencing, sentencing, or restitution proceeding.
(Acts 1995, No. 95-583, p. 1234, §15.)
The victim has the right to the following information:
(1) As soon as practicable, after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.
(2) The names, addresses, and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.
(3) The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, immediately after the status is known.
(4) If the terms and conditions of a post-arrest release include a requirement that the accused post a bond, the sheriff or municipal jailer shall, upon request, notify the victim of the release on bond of the defendant.
(5) The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.
(Acts 1995, No. 95-583, p. 1234, §16.)
It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with the proceeding. The right of the victim to be heard may be exercised, where authorized by law, at the discretion of the victim, through an oral statement or submission of a written statement.
(Acts 1995, No. 95-583, p. 1234, §17.)
(a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.
(b) If the property of the victim has been admitted as evidence during a trial or hearing, the court may, upon request of the district attorney or the Attorney General, order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the attorney for the defendant or investigator may inspect and independently photograph the evidence before it is released.
(Acts 1995, No. 95-583, p. 1234, §18.)
Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information:
(1) Notice of an end of sentence release within 15 days prior to the end of the sentence of the prisoner.
(2) Notice of the death within 15 days after the prisoner has died.
(Acts 1995, No. 95-583, p. 1234, §19.)
(a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner’s Department of Corrections records. The statement shall be considered during any review for community status of the prisoner or prior to release of the prisoner.
(b) The victim shall have the right to be notified by the Board of Pardons and Paroles and allowed to be present and heard at a hearing when parole or pardon is considered pursuant to Section 15-22-36 et seq.
(Acts 1995, No. 95-583, p. 1234, §20.)
Upon written request of the victim, the Alabama Department of Mental Health and Mental Retardation, or other facility with custody of the criminal defendant, shall send the victim a copy to the address stated in the request, of its release opinion which was provided to the appropriate court pursuant to Section 15-16-63 et seq.
(Acts 1995, No. 95-583, p. 1234, §21.)
The victim shall respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss of employment.
(Acts 1995, No. 95-583, p. 1234, §22.)
The clerk of the court is authorized and shall accept partial payments from defendants when directed to do so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse restitution to victims or the authorized recipient, including partial periodic payments as ordered under any judgment, decree, or order of the circuit or district court, pursuant to Section 15-18-65 et seq. The disbursements shall be made to the victims or the authorized recipient no later than the time provided in Rule 4, Alabama Rules of Judicial Administration. The clerk of the court shall, at the end of each month, provide to the district attorney and probation office a list of the names of defendants who are delinquent in their restitution payments under a court-approved installment plan or any other deferred-payment time period specified by the court in its sentencing order.
(Acts 1995, No. 95-583, p. 1234, §23.)
The Attorney General or district attorney may assert any right to which the victim is entitled.
(Acts 1995, No. 95-583, p. 1234, §24.)
The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside.
(Acts 1995, No. 95-583, p. 1234, §25.)
As used in this article, the following words shall have the following meanings:
(1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the alleged crime.
(2) PARENT OR GUARDIAN OF THE ALLEGED VICTIM. A parent or legal guardian of an alleged victim who is a minor or incapacitated person.
(3) POSITIVE REACTION. A positive test with a positive confirmatory test result as specified by the Department of Public Health.
(4) SEXUALLY TRANSMITTED DISEASE. Those diseases designated by the State Board of Health as sexually transmitted diseases for the purposes of this article.
(5) TRANSMISSION OF BODY FLUIDS. The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially broken skin of the victim.
(Act 2006-572, p. 1504, §1.)
When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force, and it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, upon the request of the victim or the parent or guardian of a minor victim, the district attorney shall file a motion with the court for an order requiring the person charged to submit to a test for any sexually transmitted disease.
(Act 2006-572, p. 1504, §2; Act 2019-465, §1.)
(a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity by force or threat of force and the transmission of body fluids was involved.
(2) If a warrant, information, or indictment has been issued and the defendant is in custody or has been served with the warrant, information, or indictment, the test shall be performed within 48 hours of service of the court order requiring the defendant to submit to testing.
(b) When a test is ordered under Section 15-23-101, the victim of the crime or a parent or guardian of the minor victim shall designate an attending physician who has agreed in advance to accept the victim as a patient to receive information on behalf of the victim.
(c) If any sexually transmitted disease test results in a negative reaction, the court shall order the person to submit to any follow-up tests at the intervals and in the manner as shall be determined by the State Board of Health.
(d) The result of any test ordered under this section is not a public record and shall be available only to the following:
(1) The victim.
(2) The parent or guardian of the minor victim.
(3) The attending physician of the victim.
(4) The person tested.
(e) If any sexually transmitted disease test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling. Counseling and referral for appropriate health care, testing, and support services as directed by the State Health Officer shall be provided to the victim at the request of the victim or the parent or guardian of the minor victim.
(Act 2006-572, p. 1504, §3; Act 2019-465, §1.)
(a) The results of tests or reports, or information therein, obtained under Section 15-23-102 shall be confidential and shall not be divulged to any person not authorized to receive the information.
(b) A violation of this section is a Class C misdemeanor.
(Act 2006-572, p. 1504, §4.)
This article shall be implemented by the Department of Public Health to the extent state funds are available to pay all costs associated with the requirements of this article. The court may order the person charged to pay for or reimburse the state for the cost of all testing.
(Act 2006-572, p. 1504, §5.)
This article shall be known and may be cited as the Sexual Assault Survivors Bill of Rights.
(Act 2021-481, §1.)
(a) A sexual assault survivor has the following rights:
(1)a. Not to be prevented from, or charged for, receiving a medical forensic examination.
b. For the purposes of this subdivision, a health care provider may bill a health insurer for providing a medical forensic examination.
(2) To have a sexual assault evidence collection kit or its probative contents preserved by law enforcement agencies, without charge, for at least 20 years or until the survivor reaches 40 years of age if the survivor was a minor when the assault occurred.
(3) Upon request, to be informed by the investigating law enforcement agency, of test results from the sexual assault evidence kit, including a DNA profile match, or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing law enforcement investigation.
(4) Upon written request, to be informed of policies governing the collection and preservation of a sexual assault evidence collection kit.
(5) Upon written request, to receive written notification, from the investigating law enforcement agency with custody of the kit or its probative contents, of the intended destruction or disposal of the kit or its probative contents at least 60 days before the intended destruction or disposal.
(6) Upon written request, to be granted further preservation of the kit or its probative contents for an additional 20 years.
(7) To be informed of the rights under this subsection.
(b) The term sexual assault, as used in this section, is defined as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(Act 2021-481, §2.)
The Attorney General shall develop a survivor notification document to be distributed by a law enforcement officer or a medical provider upon initial contact with a survivor of sexual assault. The notification document shall be made available on the Attorney General’s public website. The document shall include, but is not limited to, the following information:
(1) A clear statement that the survivor has the right not to be prevented from, nor charged for, receiving a sexual assault medical forensic examination.
(2) A clear statement that the survivor has a right to have a sexual assault medical forensic examination, regardless of whether the survivor reports to or cooperates with law enforcement.
(3) The availability and contact information of a sexual assault advocate.
(4) The availability of protective orders, policies related to their enforcement, and the process to obtain protective orders.
(5) Policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits.
(6) The process, if any, to request the preservation of sexual assault evidence collection kits.
(7) Instructions for requesting the test results upon the forensic or probative evidence of the kits from the investigating law enforcement agency.
(8) Information about state and federal compensation funds available for medical or other costs associated with the case and the availability of victim compensation and restitution.
(Act 2021-481, §3.)
(a) The Attorney General shall establish the Sexual Assault Task Force. The task force shall develop, coordinate, and disseminate national protocols, produced by the U.S. Department of Justice, regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.
(b) The task force shall consist of the following members:
(1) Two appointees selected by the Attorney General, with at least one appointee selected from the Alabama Crime Victims’ Compensation Commission.
(2) Two appointees selected by the Governor.
(3) One appointee selected by the District Attorneys Association.
(4) One appointee selected by the Department of Forensic Sciences.
(5) One appointee selected by the Medical Association of the State of Alabama.
(6) Three members of the Senate appointed by the chair of the Senate Judiciary Committee.
(7) Three members of the House of Representatives appointed by the chair of the House Judiciary Committee.
(8) One appointee selected by the Alabama Sheriffs Association.
(9) One appointee selected by the Commissioner of Mental Health.
(10) One appointee selected by the Alabama Hospital Association.
(11) One appointee selected by the Commissioner of the State Department of Human Resources.
(c) The appointing authorities shall coordinate their appointments to assure the task force membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(d) Task force members shall serve without compensation, but may be reimbursed for actual expenses associated with attending meetings by the respective appointing authorities according to applicable law.
(e) The task force shall consult with all of the following:
(1) Stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities.
(2) Representatives of at least three entities with demonstrated expertise in sexual assault prevention, sexual assault victim advocacy, or representation of sexual assault victims, and at least one representative shall be a sexual assault victim.
(f) The task force shall have the following responsibilities specifically regarding the care and treatment of sexual assault survivors and preservation of evidence:
(1) Develop recommendations for improving the coordination of the dissemination and implementation of national protocols, produced by the U.S. Department of Justice, to physicians, hospitals, forensic examiners, medical associations, and leaders in the medical community.
(2) Develop recommendations to promote the coordination of the dissemination and implementation of national protocols, produced by the U.S. Department of Justice, to the Attorney General, the Secretary of the Alabama State Law Enforcement Agency, the Director of the Department of Forensic Sciences, and other leaders in the law enforcement community.
(3) Collect feedback from stakeholders, practitioners, and leadership throughout law enforcement, victim services, forensic science practitioners, and health care communities on ways to best ensure implementation of the national protocols produced by the U.S. Department of Justice.
(4) Perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.
(g) No later than August 1, 2023, the task force shall submit to the Attorney General, the Legislature, and the Governor, a report containing the findings and recommended actions of the task force.
(Act 2021-481, §4.)
Nothing in this article shall be construed to establish a standard of care for medical providers or physicians, or otherwise modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of these laws or judicial interpretation of these laws.
(Act 2021-481, §5.)
This chapter shall be known as the “Intellectually Disabled Defendant Act.”
(Acts 1985, No. 85-652, p. 1020, §1.)
For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) COURT. The court having jurisdiction over the offense charged.
(2) DEFENDANT. Any person accused of a criminal offense against state laws.
(3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period, as measured by appropriate standardized testing instruments.
(Acts 1985, No. 85-652, p. 1020, §2.)
Following the arrest and detention of any person for an offense against the laws of this state, either the defendant or the state may, by verified affidavit filed with the court having jurisdiction, establish that the defendant is a person who has been identified as intellectually disabled and has received or is presently receiving services through the Department of Mental Health, a program certified by the Department of Mental Health, or the Department of Education.
(Acts 1985, No. 85-652, p. 1020, §3.)
The verified affidavit shall be furnished to the trial judge, prosecutor, and defendant’s attorney. Said affidavit may be used in connection with the decisions relative to bail hearings, determination of place of detention, and ultimate disposition of such case.
(Acts 1985, No. 85-652, p. 1020, §4.)
If the defendant is determined by the court to be intellectually disabled, the judge may:
(1) Consider the information submitted in determining the need for pretrial release along with appropriate conditions, or
(2) Order that the defendant, if he is not released, be accorded placement consistent with his special status so as to better protect him during this period of pretrial confinement.
(Acts 1985, No. 85-652, p. 1020, §5.)
The verified affidavit shall become a part of the court record and shall be available for proper use in bail hearings, determination of place of detention, and ultimate disposition of such case.
(Acts 1985, No. 85-652, p. 1020, §6.)
No information gained as a result of the provisions of this chapter shall be admissible in evidence either for or against the defendant on the issue of guilt in any criminal proceeding.
(Acts 1985, No. 85-652, p. 1020, §7.)
(a) This article shall apply to any criminal prosecution for a physical offense, a sexual offense, or a violent offense where the alleged victim or witness is a child or a protected person.
(b) For the purposes of this article, a “physical offense, a sexual offense, or a violent offense,” is defined to include all of the following crimes:
(1) A sex offense as provided in Section 15-20A-5.
(2) A violent offense as provided in Section 12-25-32.
(3) Aggravated child abuse as provided in Section 26-15-3.1.
(4) Assault in any degree.
(5) Any offense involving domestic violence, elder abuse, or a violation of a protection order.
(6) Any attempt to commit any of the offenses listed in subdivisions (1) to (5), inclusive.
(c) For the purposes of this article, “child” means a person who is under the age of 16 years at the time of trial.
(d) For the purposes of this article, “protected person” means a person who has a developmental disability attributable to an intellectual disability, autism, cerebral palsy, epilepsy, or other disabling neurological condition that requires training or support similar to that required by a person with an intellectual disability, if any of the following apply:
(1) The disability originates before the person attains 22 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.
(2) If the disability is attributable to an intellectual disability, the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.
(3) The disability results in significant subaverage intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period.
(Acts 1985, No. 85-743, p. 1194, §1; Acts 1994, No. 94-704, p. 1359, §1; Act 2022-201, §1.)
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a video deposition of an alleged victim of or witness to the crime who is a child or a protected person at the time of the order.
(b) On any motion for a video deposition of the victim or a witness, the court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.
(c) During the recording of a video deposition, the following persons shall be in the room with the child or the protected person:
(1) The prosecuting attorney.
(2) The attorney for the defendant.
(3) A person whose presence, in the judgment of the court, contributes to the well-being of the child or protected person and who has dealt with the child or the protected person in a therapeutic setting regarding the abuse.
(4) Additional persons, other than the defendant, may be admitted into the room in the discretion of the court.
(d) Examination and cross-examination of the alleged victim or witness shall proceed at the taking of the video deposition as though the alleged victim or witness were testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition at a suitable and reasonable time prior to the trial of the case. The court shall enter a protective order prohibiting the attorney for the defendant from copying, reproducing, or distributing the video deposition. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the alleged victim or witness and shall be viewed and heard at the trial of the case.
(e) For the purposes of this section, “video deposition” means the recording of video, with sound, of witness testimony made under oath to be entered in the record in a judicial proceeding.
(f) The Supreme Court may adopt rules of procedure regarding the taking and use of video depositions in criminal proceedings and juvenile cases, as well as transcription of video depositions in appeals of those cases.
(g) All costs associated with the recording of a deposition ordered pursuant to this article shall be paid by the state. The district attorney shall submit all related cost bills to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.
(h) All recordings of video depositions ordered pursuant to this article shall be subject to any protective order of the court for the purpose of protecting the privacy of the victim of the offense.
(i) When necessary, the operator of the equipment used to record video depositions may also be in the room during the taking of the deposition and the operator shall make every effort to be unobtrusive.
(j) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the testimony of the child or protected person, the defendant shall be provided access to view the testimony out of the presence of the child or protected person and shall be allowed to communicate with his or her attorney by any appropriate election method.
(k) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question a child or a protected person on behalf of the pro se defendant if the court finds that there is substantial likelihood that the child or protected person would experience emotional harm if the defendant were allowed to question the child or protected person.
(Acts 1985, No. 85-743, p. 1143, §2; Act 2007-391, p. 782, §1; Act 2021-373, §1; Act 2022-201, §1.)
(a) In those criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any alleged victim of the crime or a witness to the crime who is a child or protected person at the time of the order shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion the court shall take into consideration the nature of the offense, the nature of the testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.
(b) If the court orders that the victim’s or witness’s testimony in court shall be by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge’s chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the victim or witness shall proceed as though he or she were testifying in the courtroom. Present in the room with the child or the protected person during his or her testimony shall be any of the following:
(1) The prosecuting attorney.
(2) The attorney of the defendant.
(3) A person whose presence, in the judgment of the court, contributes to the well-being of the child or protected person and who has dealt with the child or protected person in a therapeutic setting regarding the abuse.
(4) Additional persons, except the defendant, may be admitted into the room in the discretion of the court.
(d) All costs incurred by the district attorney to make it possible for the court and the trier of the fact to view the testimony of the victim or witness by closed circuit equipment as provided in this article shall be paid by the state. The district attorney shall submit all bills for costs to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.
(e) Notwithstanding any other provision of law or rule of evidence, a child or protected person victim of a physical offense, sexual offense, or violent offense, shall be considered a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall be permitted to determine the weight and credibility to be given to the testimony. The court may also allow leading questions of the child or protected person victim or witness in the interest of justice.
(f) The operators of the closed circuit equipment may also be in the room and shall make every effort to be unobtrusive.
(g) Only the court, the prosecuting attorney, and the attorney for the defendant may question the child or protected person. During the testimony by closed circuit equipment, the defendant, the judge, and the jury shall remain in the courtroom. The video feed showing the child or protected person shall remain visible to the defendant, the judge, and the jury at all times during the testimony and cross-examination of the child or protected person.
(h) The judge and the defendant shall be allowed to communicate with the attorneys in the room where the child or protected person is testifying by any appropriate electronic method. The party making the motion that the testimony shall be by closed circuit equipment shall make all necessary arrangements regarding the equipment and the operation thereof during the course of the proceeding.
(i) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time. The testimony shall be limited to purposes of identification only.
(j) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question a child or a protected person on behalf of the pro se defendant if the court finds that there is substantial likelihood that the child or protected person would experience emotional harm if the defendant were allowed to question the child or protected person.
(Acts 1985, No. 85-743, p. 1143, §3; Acts 1994, No. 94-704, p. 1359, §1; Act 2007-391, p. 781, §1; Act 2022-201, §1.)
There is hereby appropriated from the State General Fund the sum of $104,400.00 to the unified judicial system to furnish courts with the necessary equipment to view videotaped depositions as provided for in this article.
(Acts 1985, No. 85-743, p. 1143, §4.)
In any criminal proceeding and juvenile cases where the defendant is alleged to have had unlawful sexual contact with a child or a protected person, the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged victim or witness who is under the age of 12 at the time of trial, or who is a protected person, in testifying on direct and cross-examination at trial, or in a video deposition as provided in this article.
(Acts 1985, No. 85-743, p. 1143, §5; Act 2022-201, §1.)
In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, where the victim or a witness to the offense is a child or a protected person, the court and the prosecuting attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child or the protected person must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child or protected person.
(Acts 1985, No. 85-743, p. 1143, §6; Act 2022-201, §1.)
In any criminal prosecution referred to in Section 15-25-1, the court may allow leading questions at trial by the prosecution or defense of any victim or witness in a case who is under the age of 12 or is a protected person, if the court determines that the allowance of leading questions will further the interests of justice. The court, on motion of the prosecution or the defense, or on its own motion, may limit the scope and extent of any leading questions.
(Act 2022-201, §4.)
This article shall be entitled “The Child and Protected Person Physical and Sexual Abuse, and Violent Offense Victim Protection Act.”
(Acts 1989, No. 89-876, p. 1754, §1; Acts 1994, No. 94-704, p. 1359, §1; Act 2022-201, §2.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
An out-of-court statement made by a child under 12 years of age at the time the statement is made, or by a protected person as defined in Section 15-25-1, concerning an act that is a material element of any crime involving a physical offense, sexual offense, or violent offense, as defined in Section 15-25-39, which statement is not otherwise admissible in evidence, is admissible in evidence in criminal proceedings, if the requirements of Section 15-25-32 are met.
(Acts 1989, No. 89-876, p. 1754, §2; Acts 1994, No. 94-704, p. 1359, §1; Act 2016-354, p. 867, §2; Act 2022-201, §2.)
An out-of-court statement may be admitted as provided in Section 15-25-31, if either of the following occur:
(1) The witness testifies at the proceeding, testifies by means of video deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as is provided in Section 15-25-3, and at the time of the testimony is subject to cross-examination about the out-of-court statements.
(2) The court finds that the witness’s out-of-court statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness and there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the witness from the jurisdiction of the court or that the defendant engaged in wrongdoing that was intended to, and did, procure the unavailability of the witness.
(Acts 1989, No. 89-876, p. 1754, §3; Act 2022-201, §2.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-201 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1989, No. 89-876, p. 1754, §4.)
Before a statement may be admitted pursuant to this article on the grounds that the declarant is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the act.
(Acts 1989, No. 89-876, p. 1754, §4.5; Act 2022-201, §2.)
The proponent of the statement must inform the adverse party of the opponent’s intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered.
(Acts 1989, No. 89-876, p. 1754, §5.)
The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of the out-of-court statement.
(Acts 1989, No. 89-876, p. 1754, §6; Act 2022-201, §2.)
In determining whether a statement possesses particularized guarantees of trustworthiness pursuant to Section 15-25-32, the court shall consider any of the following factors:
(1) The witness’s personal knowledge of the event.
(2) The age and maturity of the witness.
(3) Certainty that the statement was made, including the credibility of the person testifying about the statement;.
(4) Any apparent motive the witness may have to falsify or distort the event, including bias, corruption, or coercion.
(5) The timing of the statement.
(6) Whether more than one person heard the statement.
(7) Whether the witness was suffering from pain or distress when making the statement.
(8) The nature and duration of any alleged abuse.
(9) Whether the witness’s young age or status as a protected person pursuant to Section 15-25-1 makes it unlikely that the witness fabricated a statement that represents a graphic, detailed account beyond the witness’s knowledge and experience.
(10) Whether the statement is spontaneous or directly responsive to questions.
(11) Whether the statement is suggestive due to improperly leading questions.
(12) Whether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the witness’s statement.
(Acts 1989, No. 89-876, p. 1754, §7; Act 2022-201, §2.)
The court shall support with findings and record any rulings pertaining to the witness’s unavailability and the trustworthiness of the out-of-court statement.
(Acts 1989, No. 89-876, p. 1754, §8; Act 2022-201, §2.)
For purposes of this article, “a physical offense, sexual offense, or violent offense” is defined to include the following crimes, when one or more of the victims or witnesses is a child under 12 years of age or is a protected person as provided in Section 15-25-1:
(1) A sex offense pursuant to Section 15-20A-5.
(2) A violent offense pursuant to Section 12-25-32.
(3) Aggravated child abuse as provided in Section 26-15-3.1.
(4) Assault in any degree.
(5) Any offense involving domestic violence, elder abuse, or a violation of a protection order.
(6) Any attempt to commit any of the offenses listed in subdivisions (1) to (5), inclusive.
(Acts 1989, No. 89-876, p. 1754, §9; Acts 1994, No. 94-704, p. 1359, §1; Act 2022-201, §2; Act 2023-462, §1.)
Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this article did not exist.
(Acts 1989, No. 89-876, p. 1754, §10.)
(a) Whenever the law requires a defendant in a criminal case to appear before any judge or magistrate for a first or subsequent appearance, bail, arraignment, or other pre-trial, bench trial, or post trial proceeding, at the discretion of the court, the proceeding may be conducted by an audio-video communication device, in which case the defendant shall not be required to be physically brought before the judge or magistrate. For a court to use audio-video communication all of the following shall occur:
(1) The judge or magistrate shall be able to see and converse simultaneously with the defendant or other person.
(2) The audio-video communication device shall operate so that the defendant and his or her counsel, if any, can communicate privately.
(3) The signal of the audio-video communication shall be transmitted live and shall be secure from interception through lawful means by anyone other than the persons communicating.
(b) If any party objects to a pre-trial, bench trial, or post trial hearing pursuant to subsection (a), an in-person hearing shall be held. Any objection to a hearing pursuant to subsection (a) shall be filed within 10 days of the issuance of the order setting the hearing, or at least three days prior to the hearing if the order setting the hearing is issued within 10 days of the hearing.
(c) Nothing in this section shall be construed as affecting the defendant’s right to waive counsel.
(Acts 1996, No. 96-732, p. 1224, §1; Act 2022-375, §1.)
(a) If the court has provided for the use of an audio-video communication system to facilitate communication between the court and the defendant during any pre-trial, bench trial, or post trial proceeding, the physical presence of the defendant in open court during the proceeding shall not be required.
(b) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend its rules to conform with this section and Section 15-26-1.
(Acts 1996, No. 96-732, p. 1224, §2; Act 2022-375, §§1, 2.)
Any documents filed during the audio-video communication may be transmitted electronically, including but not limited to, facsimile, personal computers, host computers, other terminal devices, and local, state, and national data networks. The electronic data transmission may be served or executed by the person to whom it is sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures on the electronic data transmission shall be treated as original signatures.
(Acts 1996, No. 96-732, p. 1224, §3.)
Any law enforcement officer issuing a Uniform Traffic Ticket and Complaint or a Uniform Non-Traffic Citation and Complaint within the jurisdiction of the court may utilize audio-video communication equipment to acknowledge under oath facts alleged on the complaint. The audio-video communication shall operate in a manner which will allow the judge or magistrate and the law enforcement officer to simultaneously view and verbally communicate with each other.
(Acts 1996, No. 96-732, p. 1224, §4.)
At the discretion of the district attorney, any grand jury proceeding involving sworn police officers may be conducted by an audio-video communication device. The audio-video communication shall enable the district attorney, the grand jury, and the sworn police officer to see and converse simultaneously with each other. The signal of the audio-video communication shall be transmitted live and shall be secure from interception or eavesdropping by anyone other than the persons communicating.
(Acts 1996, No. 96-732, p. 1224, §5.)
For any proceeding which is required to be open to the public, television monitors shall be situated in the courtroom and at the place of incarceration to ensure the public, the court, and the defendant a clear view of the proceedings.
(Acts 1996, No. 96-732, p. 1224, §6.)
(a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a video deposition of a victim of or witness to a crime without regard to the age of the victim or witness.
(b) On any motion for a video deposition of the victim or witness, the court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by rule of the Supreme Court.
(c) During the recording of a video deposition authorized pursuant to this section, the following persons shall be in the room with the victim or witness:
(1) The prosecuting attorney.
(2) The attorney for the defendant.
(3) A person whose presence, in the judgment of the court, contributes to the well-being of the victim or witness and who has dealt with the victim or witness in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution.
(4) Additional persons, other than the defendant, in the discretion of the court.
(d) Examination and cross-examination of the victim or witness shall proceed at the taking of the video deposition as though the victim or witness were testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition at a suitable and reasonable time prior to the trial of the case. The court shall enter a protective order prohibiting the attorney for the defendant from copying, reproducing, or distributing the video deposition. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the victim or witness and shall be viewed and heard at the trial of the case.
(e) For the purposes of this section, “video deposition” means the recording of video, with sound, of witness testimony made under oath to be entered in the record in a judicial proceeding.
(f) The Supreme Court may adopt rules of procedure regarding the taking and use of video depositions in criminal proceedings and juvenile cases, as well as transcription of video depositions in appeals of those cases.
(g) All costs associated with the recording of a deposition ordered pursuant to this section shall be paid by the state. The district attorney or Attorney General shall submit all related cost bills to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.
(h) All recordings of video depositions ordered pursuant to this section shall be subject to any protective order of the court for the purpose of protecting the privacy of the victim or witness of the offense.
(i) When necessary, the operator of the equipment used to record video depositions may also be in the room during the taking of the deposition and the operator shall make every effort to be unobtrusive.
(j) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the testimony of the victim or witness, the defendant shall be provided access to view the testimony out of the presence of the victim or witness and shall be allowed to communicate with his or her attorney by any appropriate election method.
(k) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question the victim or witness on behalf of the pro se defendant if the court finds that there is a substantial likelihood that the victim or witness would experience emotional harm if the defendant were allowed to question the victim or witness.
(Act 2022-436, §1.)
(a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any victim of the crime or witness to the crime shall be viewed and heard at trial by the court and the finder of fact by closed circuit equipment. In ruling on the motion, the court shall take into consideration the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule.
(b) If the court orders that the victim’s or witness’s testimony in court shall be by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge’s chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the victim or witness shall proceed as though the victim or witness was testifying in the courtroom. The following individuals may be present in the room with the victim or witness during his or her testimony:
(1) The prosecuting attorney.
(2) The attorney of the defendant.
(3) A person whose presence, in the judgment of the court, contributes to the well-being of the victim or witness and who has dealt with the victim or witness in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution.
(4) In the discretion of the court, any additional person, including the parent or legal guardian, except the defendant.
(d) All costs incurred by the district attorney or Attorney General to make it possible for the court and the trier of the fact to view the testimony of the victim or witness by closed circuit equipment as provided in this section shall be paid by the state. The district attorney or Attorney General shall submit all bills for costs to the state Comptroller for approval and payment from the fund entitled Court Costs Not Otherwise Provided For.
(e) The operators of the closed circuit equipment may also be in the room and shall make every effort to be unobtrusive.
(f) Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim or witness. During the victim’s or witness’s testimony by closed circuit equipment, the defendant, the judge, and the jury shall remain in the courtroom. The video feed showing the victim or witness shall remain visible to the defendant, the judge, and the jury at all times during the testimony and cross-examination of the victim or witness.
(g) The judge and the defendant shall be allowed to communicate with the attorneys in the room where the victim or witness is testifying by any appropriate electronic method. The party making the motion that the testimony shall be by closed circuit equipment shall make all necessary arrangements regarding the equipment and the operation thereof during the course of the proceeding.
(h) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim or witness and the defendant in the courtroom at the same time. The testimony shall be limited to purposes of identification only.
(i) In circumstances where a defendant in a proceeding has elected to proceed without counsel, the court may appoint counsel for the defendant and may order counsel to question the victim or witness on behalf of the pro se defendant if the court finds that there is a substantial likelihood that the victim or witness would experience emotional harm if the defendant were allowed to question the victim or witness.
(Act 2022-436, §2.)
(a) A person who has been charged with a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge has been dismissed with prejudice and more than 90 days have passed.
(2) When the charge has been no billed by a grand jury and more than 90 days have passed.
(3) When the person has been found not guilty of the charge and more than 90 days have passed.
(4) When the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or charges have not been refiled.
(5) When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.
(6)a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court program, or any other court-approved deferred prosecution program.
b. Expungement may be a court-ordered condition of a program listed in paragraph a.
c. A petition for expungement may be filed one year from the date of successful completion of a program listed in paragraph a.
(7) When the charge was dismissed without prejudice more than one year ago and has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, violation, or traffic violation, excluding minor traffic violations, during the previous two years.
(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the misdemeanor offense, violation, traffic violation, or municipal ordinance violation during the period the person was being trafficked, and that the person would not have committed the offense or violation but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person’s trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.
(b) Subsection (a) notwithstanding, a person who has been convicted of a misdemeanor offense, violation, traffic violation, or municipal ordinance violation or a person who has been adjudged a youthful offender and the underlying charge is a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:
(1) Except as provided in Section 15-27-4, all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.
(2) Three years have passed from the date of conviction.
(3) If the person was convicted of any of the offenses enumerated in 49 C.F.R. § 383.51, the person was not operating a commercial motor vehicle at the time of the offense, or was not holding a commercial driver license or a commercial learner permit at the time of the offense.
(4) The conviction is not a violent offense, as provided in Section 12-25-32.
(5) The conviction is not a sex offense, as provided in Section 15-20A-5.
(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.
(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.
(c)(1) Subject to Section 15-27-16, records related to offenses and convictions may be disclosed to any of the following:
a. A criminal justice agency, district attorney, or prosecuting authority for criminal investigation purposes as provided in Section 15-27-7.
b. A utility and its agents and affiliates.
c. The Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults.
d. Any entity or service providing information to banking, insurance, and other financial institutions as required for various requirements as provided in state and federal law.
(2) Any criminal charges that are expunged or are pending expungement pursuant to this section shall be available for use by any attorney, officer of the court, or the court itself in any civil matters related to the criminal charges expunged or seeking to be expunged, regardless of the outcome of the petitioned expungement. At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged.
(d) The circuit court shall have exclusive jurisdiction of a petition filed under subsections (a) and (b).
(Act 2014-292, p. 1043, §1; Act 2018-506, §8; Act 2021-286, §2; Act 2021-482, §2; Act 2024-407, §1.)
(a) A person who has been charged with any felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice and more than 90 days have passed.
(2) When the charge has been no billed by a grand jury and more than 90 days have passed.
(3) When the person has been found not guilty of the charge and more than 90 days have passed.
(4) When the charge has been nolle prossed without conditions, and more than 90 days have passed, and the charge or charges have not been refiled.
(5) When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.
(6)a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court program, or any other court-approved deferred prosecution program.
b. Expungement may be a court-ordered condition of a program listed in paragraph a.
c. A petition for expungement may be filed one year from the date of the successful completion of a program listed in paragraph a.
(7) When the charge was dismissed without prejudice more than five years ago and has not been refiled and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.
(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the felony offense during the period the person was being trafficked, and that the person would not have committed the felony offense but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person’s trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.
(b) Subsection (a) notwithstanding, convictions for any of the following violent offenses, as defined in Section 12-25-32, may be expunged upon a showing that the person committed the felony offense during the period the person was trafficked, and that the person would not have committed the felony offense but for being trafficked:
(1) Promoting prostitution in the first degree pursuant to Section 13A-12-111.
(2) Domestic violence in the third degree pursuant to subsection (d) of Section 13A-6-132.
(3) Production of obscene matter involving a person under the age of 17 years pursuant to Section 13A-12-197.
(c) A person who has been convicted of a felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:
(1) The person has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles.
(2) All civil and political rights that were forfeited as a result of the conviction have been restored.
(3) One hundred eighty days have passed from the date of the issuance of the certification of pardon.
(4) Except as provided in subsection (b), the conviction is not a violent offense, as provided in Section 12-25-32.
(5) The conviction is not a sex offense, as provided in Section 15-20A-5.
(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.
(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.
(8) If the person was convicted of any of the offenses enumerated in 49 C.F.R. § 383.51, the person was not holding a commercial driver license or a commercial learner’s permit at the time of the offense, or was not operating a commercial motor vehicle at the time of the offense.
(d) Subject to Section 15-27-16, records related to offenses and convictions may be disclosed to a criminal justice agency, a district attorney, or a prosecuting authority for criminal investigation purposes as provided in Section 15-27-7, to a utility and its agents and affiliates, to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults, or to any entity or service providing information to banking, insurance, and other financial institutions as required for various requirements as provided in state and federal law. Further, any criminal charges that are expunged or are pending expungement pursuant to Section 15-27-2 shall be available for use by any attorney, officer of the court, or the court itself in any civil matters related to the criminal charges expunged or seeking to be expunged regardless of the outcome of the petitioned expungement. At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged.
(e) The circuit court shall have exclusive jurisdiction of a petition filed under subsection (a), (b), or (c).
(Act 2014-292, p. 1043, §2; Act 2017-377, §1; Act 2018-506, §8; Act 2021-286, §2; Act 2021-482, §2.)
(a)(1) A person may be granted unlimited expungements pursuant to subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-1, subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-2, and subsection (b) of Section 15-27-2.
(2) A person may only be granted one expungement pursuant to subsection (c) of Section 15-27-2.
(3) A person may only be granted two expungements pursuant to subdivision (a)(6) of Section 15-27-1, subsection (b) of Section 15-27-1, and subdivision (a)(6) of Section 15-27-2.
(b) For the purposes of subsection (a), one expungement shall include all charges or convictions stemming from the same arrest or incident.
(c) The Administrative Office of Courts, in consultation with the Alabama State Law Enforcement Agency, shall adopt procedures relating to prior expungements for the purposes of the limitations in this section.
(d) Act 2021-286 may not be interpreted to supersede, modify, or otherwise affect the application of Sections 15-27-14 or 15-27-20.
(Act 2021-286, §§3, 4.)
(a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an expungement in any jurisdiction and whether an expungement has been previously granted.
(b) The petitioner shall include a certified record of arrest, disposition, or the case action summary from the appropriate agency for the court record the petitioner seeks to have expunged as well as a certified official criminal record obtained from the Alabama Criminal Justice Information Center. In addition to setting forth grounds for the court to consider, the petitioner shall specify what criminal charges from the record are to be considered, further specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged.
(c) A petitioner shall serve the district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged, a copy of the petition, and the sworn affidavit. The district attorney shall review the petition and may make reasonable efforts to notify the victim if the petition has been filed seeking an expungement under circumstances enumerated in paragraph a. of subdivision (4) of Section 15-27-2 involving a victim that is not a governmental entity. The district attorney and the victim shall have a period of 45 days to file a written objection to the granting of the petition or the district attorney shall be deemed to have waived the right to object. The district attorney shall serve the petitioner or the petitioner’s counsel a copy of the written objection.
(Act 2014-292, p. 1043, §3.)
(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of five hundred dollars ($500) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter. The administrative filing fee shall be distributed as follows:
(1) Seventy-five dollars ($75) to the State Judicial Administrative Fund.
(2) Twenty-five dollars ($25) to the Alabama Department of Forensic Sciences.
(3) Fifty dollars ($50) to the district attorney’s office.
(4) Fifty dollars ($50) to the clerk’s office of the circuit court having jurisdiction over the matter, for the use and benefit of the circuit court clerk.
(5) Fifty dollars ($50) to the Public Safety Fund.
(6) Fifty dollars ($50) to the general fund of the county where the arresting law enforcement agency is located if the arrest was made by the sheriff’s office to be used for law enforcement purposes, or, if the arrest was made by another law enforcement agency, to the municipality or other entity or state agency funding the law enforcement activity.
(7) One hundred dollars ($100) to the state General Fund.
(8) Fifty dollars ($50) to the Education Trust Fund.
(9) Fifty dollars ($50) to the Fair Trial Tax Fund.
(b)(1) When a petitioner is seeking the expungement of multiple charges arising from one arrest, the petitioner shall only be required to pay one filing fee pursuant to subsection (a).
(2) When a petitioner is seeking the expungement of multiple charges arising from multiple arrests, the petitioner shall be required to pay a filing fee for each arrest pursuant to subsection (a).
(c) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court shall waive the filing fee provided in subsection (a).
(d) If a petitioner seeks expungement of an arrest or conviction record and the court in the original case made a clear and unequivocal judicial finding on the record that the arrest had no foundation of probable cause, the court, in the expungement proceeding, shall waive all docket fees and court costs, except for the filling fee in subsection (a).
(Act 2014-292, p. 1043, §4; Act 2021-286, §2.)
(a)(1) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 30 days from the filing of the objection. The court shall notify the prosecuting authority, the victim, and the petitioner of the hearing date.
(2) If no objection to the petition is filed by the prosecuting authority or victim, the court having jurisdiction over the matter may set the matter for a hearing.
(b) In making its determination, the court shall consider all of the following factors:
(1) Nature and seriousness of the offense committed.
(2) Circumstances under which the offense occurred.
(3) Date of the offense.
(4) Age of the person when the offense was committed.
(5) Whether the offense was an isolated or repeated incident.
(6) Other conditions that may have contributed to the offense.
(7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and whether the petitioner pleaded guilty to another related or lesser offense.
(9) Evidence of rehabilitation, including good conduct in prison or jail or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community.
(10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner’s records.
(c) A hearing under subsection (a) shall be conducted in a manner prescribed by the trial judge and shall include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. The Alabama Rules of Evidence shall apply to the hearing. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.
(d) There is no right to the expungement of any criminal record, and any request for expungement of a criminal record may be denied at the sole discretion of the court.
(e) The court shall grant the petition if the court is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter. The court shall have discretion over the number of cases that may be expunged pursuant to this chapter after the first case is expunged.
(f) The ruling of the court shall be subject to appeal and may not be reversed absent a showing of an abuse of discretion.
(Act 2014-292, p. 1043, §5; Act 2021-286, §2; Act 2025-427, §1.)
(a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, except privileged presentence or postsentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. On July 7, 2014, and for 18 months thereafter, every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge that is ordered to expunge the records shall certify to the court within 180 days of the entry of the expungement order that the required expungement action has been completed.
(b) After the expungement of records pursuant to subsection (a), the proceedings regarding the charge shall be deemed never to have occurred. Except as provided in this chapter, the court and other agencies shall reply to any inquiry that no record exists on the matter. The petitioner whose record was expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing notice with the court.
(Act 2014-292, p. 1043, §6.)
(a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The agency shall digitally archive the records in a manner prescribed by the Alabama Justice Information Commission and designate the records as protected, except as provided in other provisions of this chapter. The records may not be used for any non-criminal justice purpose, except as otherwise provided in this chapter, and may be made available to criminal justice agencies, a district attorney, or a prosecuting authority upon acknowledgement of an investigation or other criminal matter involving the person related to the expungement. Any expunged records that were added to a federal database shall be requested to be removed and not made available within any interstate criminal database. Records may also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. Expungement under this chapter does not expunge reports that are indicated, as defined in Section 26-14-8.
(b) Records expunged under this chapter may not be transmitted to the Federal Bureau of Investigation national criminal records repository. Any record subject to be expunged under this chapter and transmitted to the Federal Bureau of Investigation prior to the expungement of the record shall be requested for withdrawal within the national system by the Alabama State Law Enforcement Agency.
(Act 2014-292, p. 1043, §7; Act 2021-286, §2.)
Once the records are expunged pursuant to this chapter, the records shall be forwarded to the Alabama State Law Enforcement Agency in a manner prescribed by the Alabama Justice Information Commission for purposes of archiving, and the records shall be stored in a manner prescribed by the Alabama Justice Information Commission. The records shall be retained by the Alabama State Law Enforcement Agency indefinitely.
(Act 2014-292, p. 1043, §8; Act 2021-286, §2.)
For purposes of this chapter, the following terms shall have the following meanings:
(1) CRIMINAL JUSTICE AGENCIES. As defined in Section 41-9-590.
(2) RECORD. The term shall include, but is not limited to, all of the following:
a. Arrest and conviction records.
b. Booking or arrest photographs of the petitioner.
c. Index references such as the State Judicial Information System or any other governmental index references for public records search.
d. Records relating to administrative suspension pursuant to Article 14 of Chapter 5A of Title 32, including driver license suspension records.
e. Other data, whether in documentary or electronic form, relating to the arrest, charge, or conviction.
(Act 2014-292, p. 1043, §9; Act 2021-286, §2.)
(a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, report, case file, or log which may include any evidence, biological evidence, photographs, exhibits, or information in documentary or electronic form.
(b) Nothing in this chapter shall prohibit the Department of Human Resources from continuing to maintain any documentation, reports, case files, or evidence needed for the protection of children or vulnerable adults.
(Act 2014-292, p. 1043, §10; Act 2021-286, §2.)
An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner’s true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to be expunged.
(Act 2014-292, p. 1043, §11.)
No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
(Act 2014-292, p. 1043, §12.)
Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report shall not include any case specific identifying information.
(Act 2014-292, p. 1043, §13.)
Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is expunged under this chapter be considered nondisclosable or nonreportable to or by the Alabama Securities Commission. Any requirement for licensing or registration which includes information that has been otherwise expunged under this chapter shall remain reportable as required by the Alabama Securities Commission, applicable federal law, or adopted rules and regulations or as required by any securities-related self-regulatory organization rules, policies, or procedures.
(Act 2014-292, p. 1043, §14.)
An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles.
(Act 2014-292, p. 1043, §15.)
(a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the contents of an expunged file without a court order, or pursuant to a provision of this chapter, shall be guilty of a Class B misdemeanor.
(b) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that makes public or disseminates a record that has been judicially expunged pursuant to this chapter shall be immune from civil liability absent unreasonable, wanton, willful, or intentional conduct.
(c) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that employs, hires, contracts with, or holds any business or contractual relationship with an individual and is unaware of the existence of a criminal record due to an expungement pursuant to this chapter shall be immune from civil liability for damages caused by the person, absent unreasonable, wanton, willful, or intentional conduct.
(Act 2014-292, p. 1043, §16.)
Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges.
(Act 2014-292, p. 1043, §17.)
Notwithstanding any other provision of this chapter, an applicant for a position in law enforcement or corrections or a law enforcement or correctional officer shall disclose and produce any expunged record pursuant to this chapter or any other state law to the Alabama Peace Officers’ Standards and Training Commission, and the commission shall have access to any expunged records sealed or archived pursuant to this chapter for purposes of certification and regulation of persons as correctional and law enforcement officers.
(Act 2014-292, p. 1043, §18.)
The Alabama Justice Information Commission shall adopt rules for the submission of data from criminal justice agencies necessary to complete the criminal history record within the state criminal history repository. Data within the repository shall include all records allowed by federal regulation of state repositories.
(Act 2014-292, p. 1043, §19; Act 2021-286, §2.)
Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject of the expungement. Upon a request from any party for the release of any records that have been expunged, the court having jurisdiction over the pending civil matter shall hold an in camera hearing to determine the following:
(1) If the request has been made in good faith.
(2) The nature and scope of the requested records.
(3) The relevance of the requested records to the pending civil matter.
Upon the completion of the in camera review, the court shall make a determination in writing whether to release the expunged records. In no way shall the release of expunged records bear any weight as to their admissibility at trial with respect to the Alabama Rules of Evidence. This section is to be applied retroactively.
(Act 2017-377, §2.)
A certified record of an expungement is admissible in a criminal trial, subject to the Alabama Rules of Criminal Procedure and the Alabama Rules of Evidence. Prior to the introduction of an expungement by any party, the court shall conduct an in-camera hearing to determine its admissibility.
(Act 2021-286, §3.)
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