Chapter13. BAIL.  


Article 1. General Provisions.
§ 15-13-1. Definitions.
§ 15-13-2. Allowance as matter of right prior to conviction.
§ 15-13-3. Persons charged with capital offense.
§ 15-13-4. Prisoners entitled to opportunity to give bail; release of prisoner on own recognizance.
§ 15-13-5. Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
§ 15-13-6. Fixing of bail for felony; discharge of defendant by sheriff upon posting of bail.
§ 15-13-7. Amount to be endorsed on writ of arrest.
§ 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.
Article 2. Entry and Return.
§ 15-13-20. Entry in minutes when taken in open court; form of entry.
§ 15-13-21. Form and requisites of bail not taken in open court.
§ 15-13-22. Qualifications for bail; bond required for bondsmen; qualification when sufficiency of bail doubtful.
§ 15-13-23. Lunatics and infants.
§ 15-13-24. Judicial and ministerial officers prohibited from becoming surety for bail or signing bonds, etc.
§ 15-13-25. Return of undertakings to clerk of court.
§ 15-13-26. When new undertaking may be required.
Article 3. Cash Deposit.
§ 15-13-40. When deposit authorized in lieu of bail.
§ 15-13-41. Deposit permitted after bail given and prior to forfeiture; exoneration of bail.
§ 15-13-42. Application in satisfaction of fine; refund of surplus.
§ 15-13-43. Deposit of federal or state bonds in lieu of cash; sale of bonds.
Article 4. Effect of Undertaking and Discharge of Bail.
§ 15-13-60. Extent undertaking binds parties thereto.
§ 15-13-61. When bail not deemed discharged.
§ 15-13-62. Exoneration of bail by surrender of defendant prior to conditional judgment; bail may arrest or authorize arrest of principal.
§ 15-13-63. Arrest of defendant by bail after conditional judgment.
§ 15-13-64. Surrender of defendant to sheriff required to exonerate bail; when new bail allowed.
§ 15-13-65. Return of cash deposit upon surrender by defendant.
Article 5. Forfeiture.
§ 15-13-80. Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
§ 15-13-81. Conditional judgment - Entry; notice to defendant; execution and return of notice; alias notices.
§ 15-13-82. Conditional judgment - When set aside or made absolute; when excuses for default heard.
Article 6. Alabama Bail Reform Act of 1993.
Division 1. General Provisions.
§ 15-13-100. Short title.
§ 15-13-101. Definitions.
§ 15-13-102. Definitions and purpose of bail.
§ 15-13-103. Order and amount of bail.
§ 15-13-104. Order of bail to be affixed to warrants.
§ 15-13-105. Order of bail in warrantless arrest cases.
§ 15-13-106. Illegal commitment.
§ 15-13-107. Who may or shall accept, take, and approve bail and under what circumstances.
§ 15-13-108. Bail as a matter of right.
§ 15-13-109. Bail in probation violation cases.
§ 15-13-110. Professional bondsmen - Right to interview.
Division 2. Four Kinds of Bail and Their Definitions.
§ 15-13-111. Kinds of bail.
Division 3. Bond Forms — Entry and Return.
§ 15-13-112. Bond forms.
Division 4. Effect of Undertaking and Discharge of Bail.
§ 15-13-113. Effect of undertaking: To what extent binds parties thereto.
§ 15-13-114. Obligation of sureties continues during trial.
§ 15-13-115. Obligation of sureties in probation cases.
§ 15-13-116. Surrender of principal in open court.
§ 15-13-117. Authorized arrest of defendant by surety and exoneration of bail prior to conditional forfeiture.
§ 15-13-118. Arrest of defendant by surety after conditional forfeiture.
§ 15-13-119. Surrender of defendant to his or her original custodians necessary to exonerate bail; when new bail is allowed.
§ 15-13-120. Substitution of bail.
§ 15-13-121. Bail not discharged by irregularities or by want of qualifications.
§ 15-13-122. Bondsman's process - Detainer.
§ 15-13-123. Surety discharged - Failing to accept detainer.
Division 5. Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process.
§ 15-13-124. Bondsman's process.
§ 15-13-125. When the clerk shall issue a bondsman's process.
§ 15-13-126. Return of bondsman's process.
§ 15-13-127. Bondsman's processes have certified copy of undertaking attached.
§ 15-13-128. Form for bondsman's process.
§ 15-13-129. Arrest of principal by out-of-state surety.
Division 6. Forfeiture - Proceedings Thereon.
§ 15-13-130. Cash bail - Undertaking of bail: Basis of and when forfeited.
§ 15-13-131. Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
§ 15-13-132. Conditional forfeiture notice to defendant and sureties.
§ 15-13-133. Provisions of sureties address for service.
§ 15-13-134. Service of forfeiture notice.
§ 15-13-135. Returns "not found" or certified mail returned.
§ 15-13-136. Failure to issue and serve conditional forfeiture in 90 days.
§ 15-13-137. Conditional judgment set aside, reduced, or made absolute.
§ 15-13-138. Conditions for which it shall be mandatory for the court to set aside forfeiture.
§ 15-13-139. Remission after final judgment of forfeiture.
§ 15-13-140. Reasons for default heard at any time, and allowed without costs.
§ 15-13-141. Revocation of authority to execute bail by clerk.
Division 7. Qualification of Bail - Judicial Public Bail.
§ 15-13-142. Judicial public bail - Authority of release person.
§ 15-13-143. Procedure for bail hearings.
§ 15-13-144. Notice to prosecutor.
§ 15-13-145. Defendants who may be eligible.
§ 15-13-146. Judicial public bail release.
§ 15-13-147. Determination of conditions of release.
§ 15-13-148. Additional conditions.
§ 15-13-149. Order of release.
§ 15-13-150. Cumulative punishment.
§ 15-13-151. Evidence.
Division 8. Property Bail, Qualifications, Value of Property, Property Owners as Surety.
§ 15-13-152. Qualification for property bail.
§ 15-13-153. Value of property determined by approving authority.
§ 15-13-154. False information on property affidavit.
§ 15-13-155. Property owners as surety - Limited.
§ 15-13-156. Filing of lien in default cases - Release.
§ 15-13-157. Collection - Property bail forfeitures.
Division 9. Cash Bail.
§ 15-13-158. Cash bail: Deposit with clerk.
Division 10. Qualification and Regulation.
§ 15-13-159. Qualifications - Professional surety company.
§ 15-13-160. Qualifications - Professional bail companies.
§ 15-13-161. Filing original documents - Circuit clerk.
§ 15-13-162. Surety bond and escrow agreements - Forms.
§ 15-13-163. Revocation by circuit judges.
Division 11. Miscellaneous.
§ 15-13-164. Misrepresentation as surety.
Article 7. Bail for Persons Arrested for Certain Domestic Violence Offenses or Violation of Protection Order.
§ 15-13-190. Procedures upon arrest; conditions of release or bail.