Title 15 — Title 15

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 commi…

Nothing in this chapter shall interfere with or prevent the exercise of power to punish for contempt by the courts. History: (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. History: (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 i…

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…

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 …

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 compa…

(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…

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 belong…

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…

542) [Effective until October 1, 2026.] 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 pr…

542) [Effective until October 1, 2026.] 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 t…

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 bec…

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 …

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 c…

Exchange of Sexual Services for Bail Bond Services. (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 b…

(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 emer…

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. History: (Code 1852, §684; Code 1867, §4235; Code 1876, §4843; Code 1886, §4416; Code 1896, §4358; Code 1907, §6338; Code 1923, §3371; Code 1940, …

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 …

This article shall be known and may be cited as the Alabama Bail Bond Regulatory Act. History: (Act 2019-409, §1.)

2026.] 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, individua…

542) [Effective until October 1, 2026.] 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,…

Creation; Composition; Adoption and Enforcement of Rules; Compensation. [Effective until October 1, 2026.] 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 a…

(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…

President. (Amended by Act 2026-542) [Effective until October 1, 2026.] 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 selec…

Fund. (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 collecte…

Canons of Ethics and Professional Standards; Personnel. (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 acceptab…

(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…

(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 licen…

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. a…

October 1, 2026.] 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 prescrib…

October 1, 2026.] 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 compete…

Display of License. (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 w…

(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…

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. History: (Act 2019-409, §15; Act 2021-499, §1.)

License. (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 …

The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case. History: (Act 2019-409, §18.)

(Amended by Act 2026-542) [Effective until October 1, 2026.] 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…

No criminal or civil action taken under this article precludes a prosecution or action under any other law of this state. History: (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. Histor…

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 property exempt from execution, the amount expressed in the undertaking; but the court or magistrate, in taking bail, may…

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. History: (Code 1852, §695; Code 1867, §4246; Code 1876, §4854; Code 1886, §4422; Code 1896, §436…

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 prisoner or other person tried before him, to put in his charge under any criminal accusation or to sign any bond or other obl…

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. History: (Code…

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. History: (Code 1852, §70…

Denial of Bail in Particular Cases. 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…

Paroles as a Condition of Bond. (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…

Own Recognizance. 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, m…

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…

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 with the clerk of the court in which he is held to answer; and, upon the deposit’s being made, the bail is exonerated. History: (Act…