Code of Alabama
Title 15 - Criminal Procedure.
Chapter 13 - Bail.

Section 15-13-3 - (Effective Upon Ratification of the Constitutional Amendment Proposed by Act 2021-201) Persons Charged With Capital Murder; Pretrial Detention Hearing; Denial of Bail in Particular Cases. - THIS SECTION WAS AMENDED BY ACT 2021-267 IN THE 2021...

Section 15-13-4 - Prisoners Entitled to Opportunity to Give Bail; Release of Prisoner on Own Recognizance. - All judges or magistrates, when authorized by law to grant...

Section 15-13-5 - Discharge of Defendant by Sheriff or Deputy After Indictment for Misdemeanor. - (a) If the offense charged in an indictment is a...

Section 15-13-6 - Fixing of Bail for Felony; Discharge of Defendant by Sheriff Upon Posting of Bail. - (a) When an indictment is filed in court charging the...

Section 15-13-7 - Amount to Be Endorsed on Writ of Arrest. - ed upon an indictment, the clerk issuing the writ shall...

Section 15-13-8 - Limitation on Number of Applications; Appeals to Court of Criminal Appeals; Procedure Upon Order of Court of Criminal Appeals Admitting Defendant to Bail. - (a) When an application for bail is made to any...

Article 2 - Entry and Return.

Section 15-13-20 - Entry in Minutes When Taken in Open Court; Form of Entry. - When bail is taken in open court, it must be...

Section 15-13-21 - Form and Requisites of Bail Not Taken in Open Court. - When not taken in open court, the undertaking of bail...

Section 15-13-22 - Qualifications for Bail; Bond Required for Bondsmen; Qualification When Sufficiency of Bail Doubtful. - (a) Each person signing as surety an undertaking of bail...

Section 15-13-23 - Lunatics and Infants. - It is not necessary that lunatics or infants should themselves...

Section 15-13-24 - Judicial and Ministerial Officers Prohibited From Becoming Surety for Bail or Signing Bonds, Etc. - It shall not be lawful for any judicial or ministerial...

Section 15-13-25 - Return of Undertakings to Clerk of Court. - All undertakings of bail must be returned by the court...

Section 15-13-26 - When New Undertaking May Be Required. - The court before which any defendant is bound to appear...

Article 3 - Cash Deposit.

Section 15-13-40 - When Deposit Authorized in Lieu of Bail. - At any time after an order admitting him to bail,...

Section 15-13-41 - Deposit Permitted After Bail Given and Prior to Forfeiture; Exoneration of Bail. - If a defendant has given bail, he may, at any...

Section 15-13-42 - Application in Satisfaction of Fine; Refund of Surplus. - When money has been deposited, if it remains on deposit...

Section 15-13-43 - Deposit of Federal or State Bonds in Lieu of Cash; Sale of Bonds. - In lieu of a deposit of money, a defendant may...

Article 4 - Effect of Undertaking and Discharge of Bail.

Section 15-13-60 - Extent Undertaking Binds Parties Thereto. - The undertaking of bail binds the parties thereto, jointly and...

Section 15-13-61 - When Bail Not Deemed Discharged. - No bail undertaking shall be discharged by reason of the...

Section 15-13-62 - Exoneration of Bail by Surrender of Defendant Prior to Conditional Judgment; Bail May Arrest or Authorize Arrest of Principal. - Bail may, at any time before a conditional judgment is...

Section 15-13-63 - Arrest of Defendant by Bail After Conditional Judgment. - After the entry of conditional judgment against any surety on...

Section 15-13-64 - Surrender of Defendant to Sheriff Required to Exonerate Bail; When New Bail Allowed. - To exonerate the bail, the surrender of the defendant must...

Section 15-13-65 - Return of Cash Deposit Upon Surrender by Defendant. - If money has been deposited instead of bail and at...

Article 5 - Forfeiture.

Section 15-13-80 - Failure of Defendant to Appear; Forfeiture of Money Deposited in Lieu of Bail. - (a) The essence of all undertakings of bail, whether upon...

Section 15-13-81 - Conditional Judgment - Entry; Notice to Defendant; Execution and Return of Notice; Alias Notices. - (a) When an undertaking of bail is forfeited by the...

Section 15-13-82 - Conditional Judgment - When Set Aside or Made Absolute; When Excuses for Default Heard. - (a) If the defendants appear and show sufficient cause for...

Article 6 - Alabama Bail Reform Act of 1993.

Division 1 - General Provisions.

Section 15-13-100 - Short Title. - This article shall be known and may be cited as...

Section 15-13-101 - Definitions. - As used in this article, the following terms shall have...

Section 15-13-102 - Definitions and Purpose of Bail. - As used in this article, "bail" is the release of...

Section 15-13-103 - Order and Amount of Bail. - Admission to bail is the order of a judicial officer...

Section 15-13-104 - Order of Bail to Be Affixed to Warrants. - Judicial officers shall see that the amount of bail is...

Section 15-13-105 - Order of Bail in Warrantless Arrest Cases. - In cases where a defendant is arrested without a warrant...

Section 15-13-106 - Illegal Commitment. - Except in cases where there is no right to release...

Section 15-13-107 - Who May or Shall Accept, Take, and Approve Bail and Under What Circumstances. - (a) Judges of any court within the State of Alabama...

Section 15-13-108 - Bail as a Matter of Right. - In all cases of misdemeanors and felonies, unless otherwise specified,...

Section 15-13-109 - Bail in Probation Violation Cases. - In cases where the defendant has been placed on, or...

Section 15-13-110 - Professional Bondsmen - Right to Interview. - Sheriffs, chiefs of police, jailers, or other law enforcement officers...

Division 2 - Four Kinds of Bail and Their Definitions.

Section 15-13-111 - Kinds of Bail. - For persons arrested and taken into custody, there shall be...

Division 3 - Bond Forms — Entry and Return.

Section 15-13-112 - Bond Forms. - The Supreme Court of Alabama shall prescribe the different forms...

Division 4 - Effect of Undertaking and Discharge of Bail.

Section 15-13-113 - Effect of Undertaking: To What Extent Binds Parties Thereto. - The undertaking of bail binds the parties thereto, jointly and...

Section 15-13-114 - Obligation of Sureties Continues During Trial. - The obligation of the sureties continues throughout every stage of...

Section 15-13-115 - Obligation of Sureties in Probation Cases. - The obligation of sureties is continued beyond the finding of...

Section 15-13-116 - Surrender of Principal in Open Court. - When the defendant is before the court pertaining to the...

Section 15-13-117 - Authorized Arrest of Defendant by Surety and Exoneration of Bail Prior to Conditional Forfeiture. - The sureties of bail may, at any time before a...

Section 15-13-118 - Arrest of Defendant by Surety After Conditional Forfeiture. - After the entry of a conditional forfeiture against any surety...

Section 15-13-119 - Surrender of Defendant to His or Her Original Custodians Necessary to Exonerate Bail; When New Bail Is Allowed. - To exonerate the bail, the surrender of the defendant, other...

Section 15-13-120 - Substitution of Bail. - After a defendant has been released on either one of...

Section 15-13-121 - Bail Not Discharged by Irregularities or by Want of Qualifications. - No bail shall be discharged by reason of the want...

Section 15-13-122 - Bondsman's Process - Detainer. - In instances in which the surety or sureties have in...

Section 15-13-123 - Surety Discharged - Failing to Accept Detainer. - In all cases where any law enforcement officer, as described...

Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process.

Section 15-13-124 - Bondsman's Process. - A bondsman's process is that document which is issued by...

Section 15-13-125 - When the Clerk Shall Issue a Bondsman's Process. - The clerk of the court having jurisdiction over the defendant...

Section 15-13-126 - Return of Bondsman's Process. - (a) All bondsman's processes, when executed by sureties or other...

Section 15-13-127 - Bondsman's Processes Have Certified Copy of Undertaking Attached. - The clerk shall see that all bondsman's processes have a...

Section 15-13-128 - Form for Bondsman's Process. - The following shall be substantially the form to be used...

Section 15-13-129 - Arrest of Principal by Out-of-State Surety. - All bondsmen or sureties from out of the State of...

Division 6 - Forfeiture - Proceedings Thereon.

Section 15-13-130 - Cash Bail - Undertaking of Bail: Basis of and When Forfeited. - The basis of all undertakings of bail, whether upon a...

Section 15-13-131 - Proceeding in Forfeiture of Bail - Not Cash - Conditional Forfeitures Order. - (a) When a defendant fails to appear in court as...

Section 15-13-132 - Conditional Forfeiture Notice to Defendant and Sureties. - A notice of the rendition of the judgment set forth...

Section 15-13-133 - Provisions of Sureties Address for Service. - It shall be the sole responsibility of any defendant or...

Section 15-13-134 - Service of Forfeiture Notice. - A conditional forfeiture notice may be served by any law...

Section 15-13-135 - Returns "Not Found" or Certified Mail Returned. - If the notice is not served on any of the...

Section 15-13-136 - Failure to Issue and Serve Conditional Forfeiture in 90 Days. - In forfeiture cases where the clerk of the court has...

Section 15-13-137 - Conditional Judgment Set Aside, Reduced, or Made Absolute. - If the defendants appear and show sufficient cause for the...

Section 15-13-138 - Conditions for Which It Shall Be Mandatory for the Court to Set Aside Forfeiture. - The court shall set aside the conditional forfeiture in its...

Section 15-13-139 - Remission After Final Judgment of Forfeiture. - In forfeiture cases where the sureties have paid the amount...

Section 15-13-140 - Reasons for Default Heard at Any Time, and Allowed Without Costs. - Reasons for default shall be heard by the court on...

Section 15-13-141 - Revocation of Authority to Execute Bail by Clerk. - In all cases where a conditional forfeiture has been made...

Division 7 - Qualification of Bail - Judicial Public Bail.

Section 15-13-142 - Judicial Public Bail - Authority of Release Person. - Only a judicial officer may release a person on judicial...

Section 15-13-143 - Procedure for Bail Hearings. - A judicial public bail hearing may commence by a motion...

Section 15-13-144 - Notice to Prosecutor. - Prior to the hearing, the judicial officer shall have the...

Section 15-13-145 - Defendants Who May Be Eligible. - Any person charged with a felony, misdemeanor, or violation shall...

Section 15-13-146 - Judicial Public Bail Release. - Any person charged with an offense other than an offense...

Section 15-13-147 - Determination of Conditions of Release. - In determining the restrictions and conditions of release that will...

Section 15-13-148 - Additional Conditions. - A judicial officer ordering the release of a person on...

Section 15-13-149 - Order of Release. - A judicial officer authorizing the release of a person shall...

Section 15-13-150 - Cumulative Punishment. - Nothing in this chapter shall interfere with or prevent the...

Section 15-13-151 - Evidence. - Information stated in, or offered in connection with, any order...

Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety.

Section 15-13-152 - Qualification for Property Bail. - The qualifications for property bail are that each surety be...

Section 15-13-153 - Value of Property Determined by Approving Authority. - Any person having the authority to approve and accept property...

Section 15-13-154 - False Information on Property Affidavit. - Any person or owner of property who willfully or intentionally...

Section 15-13-155 - Property Owners as Surety - Limited. - A property owner shall not execute or become surety for...

Section 15-13-156 - Filing of Lien in Default Cases - Release. - (a) Clerks of all courts of the state and its...

Section 15-13-157 - Collection - Property Bail Forfeitures. - The clerks of all courts of the State of Alabama...

Division 9 - Cash Bail.

Section 15-13-158 - Cash Bail: Deposit With Clerk. - At any time after an order admitting a defendant to...

Division 10 - Qualification and Regulation.

Section 15-13-159 - Qualifications - Professional Surety Company. - No professional surety company shall execute or become surety on...

Section 15-13-160 - Qualifications - Professional Bail Companies. - No professional bail company shall execute or become surety on...

Section 15-13-161 - Filing Original Documents - Circuit Clerk. - Professional surety and professional bail companies shall file all corporate...

Section 15-13-162 - Surety Bond and Escrow Agreements - Forms. - All corporate surety bonds and escrow agreements shall contain essentially...

Section 15-13-163 - Revocation by Circuit Judges. - The presiding judge of the circuit court may, and on...

Division 11 - Miscellaneous.

Section 15-13-164 - Misrepresentation as Surety. - Any person who becomes surety on any bail for a...

Article 7 - Bail for Persons Arrested for Certain Domestic Violence Offenses or Violation of Protection Order.

Section 15-13-190 - Procedures Upon Arrest; Conditions of Release or Bail. - (a) A person arrested for domestic violence in the first...

Article 8 - Alabama Bail Bond Regulatory Act.

Section 15-13-200 - Short Title. - This article shall be known and may be cited as...

Section 15-13-201 - Definitions. - For the purposes of this article, the following terms shall...

Section 15-13-202 - License Requirements; Apprentice License. - (a) An individual may not hold himself or herself out...

Section 15-13-203 - Alabama Professional Bail Bonding Board - Creation; Composition; Adoption and Enforcement of Rules; Compensation. - (a) The Alabama Professional Bail Bonding Board is created to...

Section 15-13-204 - Alabama Professional Bail Bonding Board - Liability. - (a) Pursuant to Section 36-1-12, the members and employees of...

Section 15-13-205 - Alabama Professional Bail Bonding Board - President and Vice President. - At the initial meeting of the board and each time...

Section 15-13-206 - Alabama Professional Bail Bonding Board - Alabama Bail Bond Board Fund. - (a) There is created in the State Treasury for the...

Section 15-13-207 - Alabama Professional Bail Bonding Board - Rulemaking Authority; Canons of Ethics and Professional Standards; Personnel. - (a) The board may adopt rules necessary to implement this...

Section 15-13-208 - Alabama Professional Bail Bonding Board - Meetings; Quorum. - (a) The board shall establish regular and special meetings for...

Section 15-13-209 - Licensing Violations. - (a) Except as otherwise provided in this article, it shall...

Section 15-13-210 - Application for Licensure. - (a) An application and all information on an application for...

Section 15-13-211 - Licensure Requirements. - Each individual applicant shall meet all of the following criteria,...

Section 15-13-212 - Denial of Licensure; Application for Reconsideration; Issuance and Display of License. - (a)(1) If an application for a license is denied, the...

Section 15-13-213 - Identification Card. - (a) The board shall issue to every bondsman licensee an...

Section 15-13-214 - Civil Penalty for False Statements to Board. - Making a false statement to the board shall be punishable...

Section 15-13-215 - Suspension, Revocation, etc., of License; Renewal of Suspended License. - (a) The board may suspend, revoke, or refuse to issue...

Section 15-13-216 - Application of Administrative Procedure Act. - The Administrative Procedure Act shall govern all matters and procedures...

Section 15-13-217 - Examination; Continuing Education; Certification; Costs and Fees. - (a) A professional bondsman, professional surety bondsman, or recovery agent...

Section 15-13-218 - Effect of Criminal or Civil Actions Under Article. - No criminal or civil action taken under this article precludes...

Section 15-13-219 - Sunset Provisions. - The board shall be subject to the Alabama Sunset Law,...

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Code of Alabama Title 15 - Criminal Procedure. Chapter 13 - Bail.

Code of Alabama
Title 15 - Criminal Procedure.
Chapter 13 - Bail.