The State ...
Section 15-13-21 Form and requisites of bail not taken in open court
When not taken in open court, the undertaking of bail must be in writing, signed by the defendant and at least two sufficient sureties ...
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 must be: - (1) A resident of this state; and
- (2) Worth, exclusive of ...
Section 15-13-23 Lunatics and infants
It is not necessary that lunatics or infants should themselves execute or acknowledge the undertaking of bail, but any other person may enter into ...
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 officer of this state to sign as surety an undertaking of bail for any ...
Section 15-13-25 Return of undertakings to clerk of court
All undertakings of bail must be returned by the court or officer by whom taken to the clerk of the court before which the ...
Section 15-13-26 When new undertaking may be required
The court before which any defendant is bound to appear may require him to enter into a new undertaking when it appears to the ...
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, a defendant, instead of giving bail, may deposit with the clerk of the court ...
- 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 time before the forfeiture of the undertaking, deposit the sum mentioned in the recognizance ...
- Section 15-13-42 Application in satisfaction of fine; refund of surplus
When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the clerk ...
- Section 15-13-43 Deposit of federal or state bonds in lieu of cash; sale of bonds
In lieu of a deposit of money, a defendant may deposit negotiable bonds of the United States or of the State of Alabama of ...
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 severally, for the appearance of the defendant on the day fixed in the bond ...
- Section 15-13-61 When bail not deemed discharged
No bail undertaking shall be discharged by reason of the want of the qualifications required in this chapter, by reason of there not being ...
- Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment; bail may arrest or authorize arrest of principal
Bail may, at any time before a conditional judgment is entered against them, exonerate themselves by surrendering the defendant; and for that purpose, they ...
- Section 15-13-63 Arrest of defendant by bail after conditional judgment
After the entry of conditional judgment against any surety on an undertaking of bail, he may arrest the defendant as provided in Section 15-13-62, ...
- Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail allowed
To exonerate the bail, the surrender of the defendant must be made to the sheriff of the county in which the court is held, ...
- Section 15-13-65 Return of cash deposit upon surrender by defendant
If money has been deposited instead of bail and at any time before the forfeiture thereof the defendant surrenders himself to the officer to ...
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 a warrant, writ of arrest, suspension of judgment, appeal or in any other case, ...
- Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of notice; alias notices
(a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead ...
- Section 15-13-82 Conditional judgment - When set aside or made absolute; when excuses for default heard
(a) If the defendants appear and show sufficient cause for their default on bail, to be determined by the court, the conditional judgment must ...
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 "The Alabama Bail Reform Act of 1993." ...
- Section 15-13-101 Definitions
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise. (1) APPEARANCE BOND. An ...
- Section 15-13-102 Definitions and purpose of bail
As used in this article, "bail" is the release of a person who has been arrested and is being held in the custody of ...
- Section 15-13-103 Order and amount of bail
Admission to bail is the order of a judicial officer of any court of the State of Alabama, or one of its subdivisions, that ...
- Section 15-13-104 Order of bail to be affixed to warrants
Judicial officers shall see that the amount of bail is affixed to any warrants of arrests issued by the judicial officer at the time ...
- Section 15-13-105 Order of bail in warrantless arrest cases
In cases where a defendant is arrested without a warrant and taken into custody and there is no standard bail schedule prescribed by the ...
- Section 15-13-106 Illegal commitment
Except in capital cases where there is no right to release on bail, no person or defendant shall be committed to any jail in ...
- Section 15-13-107 Who may or shall accept, take, and approve bail and under what circumstances
(a) Judges of any court within the State of Alabama may accept, take, and approve bail within the jurisdiction of their respective courts. (b) ...
- Section 15-13-108 Bail as a matter of right
In all cases of misdemeanors and felonies, unless otherwise specified, the defendant is, before conviction, entitled to bail as a matter of right. All ...
- Section 15-13-109 Bail in probation violation cases
In cases where the defendant has been placed on, or granted, probation and is arrested on a probation violation warrant, it shall be discretionary ...
- Section 15-13-110 Professional bondsmen - Right to interview
Sheriffs, chiefs of police, jailers, or other law enforcement officers having custody of defendants who have bail set, shall, upon the request of the ...
- 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 four kinds of bail used in this state. No other form of bail may ...
- Division 3 Bond Forms — Entry and Return.
- Section 15-13-112 Bond forms
The Supreme Court of Alabama shall prescribe the different forms used for bail bonds and shall publish the forms in the Alabama Rules of ...
- 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 severally, for the appearance of the defendant in court on the day fixed in ...
- Section 15-13-114 Obligation of sureties continues during trial
The obligation of the sureties continues throughout every stage of trial, from the time the defendant is entered thereon until the rendition of the ...
- Section 15-13-115 Obligation of sureties in probation cases
The obligation of sureties is continued beyond the finding of a guilty verdict by the judge or by a jury in cases where the ...
- Section 15-13-116 Surrender of principal in open court
When the defendant is before the court pertaining to the case(s), the sureties of such bail may surrender the defendant in court by notifying ...
- Section 15-13-117 Authorized arrest of defendant by surety and exoneration of bail prior to conditional forfeiture
The sureties of bail may, at any time before a conditional forfeiture is entered against them, exonerate themselves by surrendering the defendant to the ...
- Section 15-13-118 Arrest of defendant by surety after conditional forfeiture
After the entry of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest the defendant as provided in ...
- Section 15-13-119 Surrender of defendant to his or her original custodians necessary to exonerate bail; when new bail is allowed
To exonerate the bail, the surrender of the defendant, other than that in Section 15-13-116, shall be made to the original custodian of the ...
- Section 15-13-120 Substitution of bail
After a defendant has been released on either one of the four different types of bail, as set out in Division 2, Section 15-13-111, ...
- Section 15-13-121 Bail not discharged by irregularities or by want of qualifications
No bail shall be discharged by reason of the want of qualifications required in this chapter, by reason of there not being the requisite ...
- Section 15-13-122 Bondsman's process - Detainer
In instances in which the surety or sureties have in their possession a bondsman's process for the defendant and the surety wishes to place ...
- Section 15-13-123 Surety discharged - Failing to accept detainer
In all cases where any law enforcement officer, as described in Section 15-13-122, who has custody of a defendant for which a surety presents ...
- 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 the clerk of the court that has jurisdiction over the defendant and sureties for ...
- Section 15-13-125 When the clerk shall issue a bondsman's process
The clerk of the court having jurisdiction over the defendant shall issue a bondsman's process to the sureties on such bail upon their request. ...
- Section 15-13-126 Return of bondsman's process
(a) All bondsman's processes, when executed by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of police, or other ...
- Section 15-13-127 Bondsman's processes have certified copy of undertaking attached
The clerk shall see that all bondsman's processes have a certified copy of the undertaking attached to them. If there has been a conditional ...
- Section 15-13-128 Form for bondsman's process
The following shall be substantially the form to be used for a bondsman's process.
STATE OF ALABAMA COUNTY ...
- Section 15-13-129 Arrest of principal by out-of-state surety
All bondsmen or sureties from out of the State of Alabama who come to this state to make an arrest shall be exempt from ...
- 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 warrant, writ of arrest, suspension of judgment, writ of error, or in any other ...
- Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order
(a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to ...
- Section 15-13-132 Conditional forfeiture notice to defendant and sureties
A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served ...
- Section 15-13-133 Provisions of sureties address for service
It shall be the sole responsibility of any defendant or surety on bail to notify in writing the clerk of any court to which ...
- Section 15-13-134 Service of forfeiture notice
A conditional forfeiture notice may be served by any law enforcement officer, at the law enforcement office in the same manner as a summons ...
- Section 15-13-135 Returns "not found" or certified mail returned
If the notice is not served on any of the parties to the undertaking, such other notices as are necessary, may, from time to ...
- Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days
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 ...
- Section 15-13-137 Conditional judgment set aside, reduced, or made absolute
If the defendants appear and show sufficient cause for the default to be determined by the court, the conditional judgment shall be set aside. ...
- 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 entirety for the following reasons or under the following circumstances: (1) If the sureties ...
- Section 15-13-139 Remission after final judgment of forfeiture
In forfeiture cases where the sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture has been ...
- 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 application, at any time when not engaged in other business. When a conditional judgment ...
- Section 15-13-141 Revocation of authority to execute bail by clerk
In all cases where a conditional forfeiture has been made final by any court of the state or any of its subdivisions and there ...
- 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 public bail. The judicial officer shall have jurisdiction over the case and defendant in ...
- Section 15-13-143 Procedure for bail hearings
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 ...
- Section 15-13-144 Notice to prosecutor
Prior to the hearing, the judicial officer shall have the clerk of the court give a minimum notice of 72 hours to the district ...
- Section 15-13-145 Defendants who may be eligible
Any person charged with a felony, misdemeanor, or violation shall be eligible for a judicial public bail, if: (1) The person is not charged ...
- Section 15-13-146 Judicial public bail release
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 ...
- Section 15-13-147 Determination of conditions of release
In determining the restrictions and conditions of release that will assure the appearance of a person as required, and safety of any other person ...
- Section 15-13-148 Additional conditions
A judicial officer ordering the release of a person on any condition may at any time amend the order to impose additional or different ...
- Section 15-13-149 Order of release
A judicial officer authorizing the release of a person shall issue an appropriate order containing a statement of the conditions imposed, and shall advise ...
- Section 15-13-150 Cumulative punishment
Nothing in this chapter shall interfere with or prevent the exercise of power to punish for contempt by the courts. ...
- Section 15-13-151 Evidence
Information stated in, or offered in connection with, any order entered pursuant to this article need not conform to the rules pertaining to the ...
- 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 a resident of the state, and an owner of real property therein, and that ...
- Section 15-13-153 Value of property determined by approving authority
Any person having the authority to approve and accept property bail shall determine the sufficiency of the bail. As to the value of the ...
- Section 15-13-154 False information on property affidavit
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 ...
- Section 15-13-155 Property owners as surety - Limited
A property owner shall not execute or become surety for more than four different persons in any one year, other than immediate family members, ...
- Section 15-13-156 Filing of lien in default cases - Release
(a) Clerks of all courts of the state and its subdivisions may file the "lien and affidavit" form in the probate court of the ...
- Section 15-13-157 Collection - Property bail forfeitures
The clerks of all courts of the State of Alabama and its subdivisions shall make every effort to collect forfeitures. All clerks may issue ...
- Division 9 Cash Bail.
- Section 15-13-158 Cash bail: Deposit with clerk
At any time after an order admitting a defendant to bail, the defendant or another person may deposit with the clerk of the court ...
- Division 10 Qualification and Regulation.
- Section 15-13-159 Qualifications - Professional surety company
No professional surety company shall execute or become surety on any appearance bond in this state, unless it has an order granting authorization to ...
- Section 15-13-160 Qualifications - Professional bail companies
No professional bail company shall execute or become surety on any appearance bond in this state, unless it has an order granting authorization to ...
- Section 15-13-161 Filing original documents - Circuit clerk
Professional surety and professional bail companies shall file all corporate surety bonds, escrow agreements and other original documents required pursuant to Division 10 with ...
- Section 15-13-162 Surety bond and escrow agreements - Forms
All corporate surety bonds and escrow agreements shall contain essentially the language set out in forms provided and approved by the Alabama Supreme Court. ...
- Section 15-13-163 Revocation by circuit judges
The presiding judge of the circuit court may, and on verified motion of the prosecutor shall, subpoena the representatives of the professional surety company ...
- Division 11 Miscellaneous.
- Section 15-13-164 Misrepresentation as surety
Any person who becomes surety on any bail for a defendant in this state and receives something of value or charges a fee therefor, ...
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 an offense involving domestic violence as defined in subdivisions (1) through (4) of subsection (b) of Section 15-10-3, strikes, ...
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