0 chapters · 348 sections in this title.
Ala. Code § 14-9-61 Legislative Findings
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The Legislature finds and declares that according to 2013 RAND Corporation research, offenders who participate in quality education programs are 43 percent less likely to return to prison within three years. The Legislature further finds and declares that providing this group of …
Ala. Code § 14-9-62 Definitions
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As used in this article, the following terms shall have the following meanings: (1) QUALIFYING PROGRAM. An academic, vocational, risk-reducing, or apprenticeship program approved by the Department of Corrections. (2) TERM OF INCARCERATION. A continuous period of time during which…
Ala. Code § 14-9-63 Administration of Education Incentive Time
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The Department of Corrections shall adopt rules regarding the administration of education incentive time; provided, however, the department may not propose rules until the department has consulted with the Joint Legislative Prison Oversight Committee, created pursuant to Section …
Ala. Code § 14-9-64 Deduction of Sentence Upon Completion of Qualifying Programs in
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Certain Circumstances. (a) Except as provided in subsections (e) and (f), a prisoner serving a term of incarceration in a Department of Corrections facility, or a facility leased by the department, may earn a deduction from the term of his or her sentence for successfully complet…
Ala. Code § 14-9-65 Reporting of Education Incentive Time
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(a) Any education incentive time awarded by the department to a prisoner shall be reported by the department to the Board of Pardons and Paroles. The Board of Pardons and Paroles shall apply education incentive time to advance the initial consideration date and any tentative paro…
Ala. Code § 14-9-66 Construction of Article; Cause of Action; Limitations on Subject Matter
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Jurisdiction. This article does not create an interest or right for any prisoner to participate in, or receive education incentive time for, any qualifying program, nor does it authorize the commissioner to create an interest or right. No prisoner or class of prisoners may bring …
Ala. Code § 14-9-67 Quarterly Reports
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(a) In addition to any reporting requirements under existing law, the Department of Corrections shall provide to the Joint Legislative Prison Oversight Committee quarterly reports, including all of the following: (1) The number of prisoners who are eligible to receive education i…
Ala. Code § 14-9-68 Rulemaking Authority
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The Board of Pardons and Paroles shall adopt rules to implement and administer this article. History: (Act 2021-477, §1.)
Ala. Code § 14-10-1 Furnishing of Clothing and Transportation to State Inmate Requiring
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Same at Expiration of Term; Rules and Regulations; Documentation for Identification; Waiver. THIS SECTION WAS AMENDED BY ACT 2021-549 IN THE 2021 1ST SPECIAL SESSION, EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The Department of Corrections shall ad…
Ala. Code § 14-10-2 Additional Cash Payment Upon Release; Determination of Inmates
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Requiring Same; Waiver. In addition to the cash, transportation and clothes to be furnished to state inmates, as provided in Section 14-10-1 upon their lawful discharge from custody, there shall be allowed and paid to each such inmate whose time in custody does not exceed five ye…
Ala. Code § 14-10-3 Penalty for Wrongful Discharge by Public Official
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Repealed by Act 2015-70 effective April 21, 2015. History: Code 1907, §6607; Code 1923, §3703; Code 1940, T. 45, §106.)
Ala. Code § 14-11-1 Overworking, Maltreatment or Inflicting of Unauthorized Punishment on
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Convict. Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1852, §143; Code 1867, §3686; Code 1876, §4319; Code 1886, §3753; Code 1896, §4546; Code 1907, §6608; Code 1923, §3711; Code 1940, T. 45, §107.)
Ala. Code § 14-11-10 Injury to or Destruction of State Property, Etc., by Convict or Prisoner
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Any convict or prisoner who willfully or maliciously injures or destroys any building or property belonging to the state or any agency or instrumentality thereof of value in excess of $25 is guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary for not …
Ala. Code § 14-11-2 Illegal Detention, Imprisonment or Working of Convict After Termination
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of Sentence. Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1886, §3981; Code 1896, §4548; Code 1907, §6610; Code 1923, §3713; Code 1940, T. 45, §108.)
Ala. Code § 14-11-3 Failure of Witness to Appear or Testify on Management and Treatment
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of Convicts. Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1886, §3982; Code 1896, §4549; Code 1907, §6611; Code 1923, §3714; Code 1940, T. 45, §109.)
Ala. Code § 14-11-30 Definitions
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When used in this article, the following words shall have the following meanings: (1) CUSTODY. Any of the following: a. Pretrial incarceration or detention. b. Incarceration or detention under a sentence or commitment to a state or local penal institution, any detention facility …
Ala. Code § 14-11-31 Prohibited Acts
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(a) It shall be unlawful for any employee to engage in sexual conduct with a person who is in the custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality. (b) It shall be unlawful for any probation or parole officer to en…
Ala. Code § 14-11-32 Construction with Other Laws
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This article shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this article is also proscribed by any other provision of law, the provision which carries the more serious penalty shall be applied. History: (Act 2004-298, p. 420,…
Ala. Code § 14-11-4 Failure of Duty or Violation of Law by Guard, Etc., of Convicts
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Generally. Any guard or any person having the charge, management or control of any convict who fails to discharge any of the duties imposed upon him by law or in any other way violates any of the provisions of law regulating or governing the inspection, treatment, confinement, wo…
Ala. Code § 14-11-5 Noncompliance by Officer, Etc., with Sentence of Solitary Confinement
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Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1852, §360; Code 1867, §3908; Code 1876, §4606; Code 1886, §3989; Code 1896, §4552; Code 1907, §6614; Code 1923, §3717; Code 1940, T. 45, §111.)
Ala. Code § 14-11-50 Prohibited Activities; Violations
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(a) Except as otherwise authorized by law, or when authorized by the person in charge of the prison or other institution subject to this section, or by an officer of the institution empowered to give that authorization, it shall be unlawful for an inmate to possess a cellular tel…
Ala. Code § 14-11-51 Confiscation of Devices; Notice
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(a) If a person visiting an inmate in the custody of the Alabama Department of Corrections, upon being searched or subjected to a metal detector, is found to be in possession of a cellular telephone, wireless communication device, or a computer communication system that allows th…
Ala. Code § 14-11-70 Prohibited Activities; Violations
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(a) No inmate in the custody of the Department of Corrections or city and county jails shall establish or maintain an account on any Internet-based social networking website. (b) For purposes of this section, social networking website means an Internet- based website that has any…
Ala. Code § 14-11-9 Trespassing About Prisons
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Any person who goes about any prison against the will or order of the officer in charge shall be guilty of a misdemeanor and, on conviction, must be fined not less than $20 and sentenced to hard labor for the county for not more than six months. History: (Code 1896, §4555; Code 1…
Ala. Code § 14-12-1 Conduct of Study as to Establishment and Operation of Schools at
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Units of Board of Corrections; Establishment and Operation of Schools. The State Department of Education shall make a study, with the assistance of the Board of Corrections, of the requirements of establishing and operating schools at the various units of the Board of Corrections…
Ala. Code § 14-12-2 Determination of Professional Units and Operating Expenses to Be
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Provided, Qualifications and Salaries of Teachers and Minimum Number of Hours of Weekly Student Attendance. (a) A formula for the determination of professional units and other operating expenses, based upon eligible students, shall be developed by the State Department of Educatio…
Ala. Code § 14-12-3 Persons Deemed Eligible to Attend Schools
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All persons incarcerated in the Board of Corrections units who are not high school graduates shall be eligible to attend such school. History: (Acts 1976, No. 585, p. 796, §2.)
Ala. Code § 14-12-4 Payment of Costs of Operating Schools; Preparation and Consideration
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of Annual Estimate of Costs. (a) The total costs of operating the schools authorized by this chapter shall be borne entirely by the state and shall be paid from the Alabama Special Educational Trust Fund. (b) Such costs shall be considered annually, upon the recommendation of the…
Ala. Code § 14-13-1 Short Title
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This chapter will be cited as the Interstate Corrections Compact Act. History: (Acts 1985, No. 85-752, p. 1247, §1.)
Ala. Code § 14-13-2 Adoption and Text of Interstate Corrections Compact
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The Interstate Corrections Compact is hereby enacted into law and entered into by the State of Alabama with any and all states legally joining therein, in accordance with its terms, in the form substantially as follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy…
Ala. Code § 14-13-3 Authority of Commissioner of Department of Corrections to Carry Out
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Compact; Contracts with Other Member States. The Commissioner of the Department of Corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he may in his discretion delegate this authority to…
Ala. Code § 14-14-1 Short Title
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This chapter shall be known as the Alabama Medical Furlough Act. History: (Act 2008-550, p. 1193, §1.)
Ala. Code § 14-14-2 Definitions
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For purposes of this chapter, the following words shall have the following meanings: (1) COMMISSIONER. The Commissioner of the Department of Corrections. (2) DEPARTMENT. The Department of Corrections. (3) GERIATRIC INMATE. A person 55 years of age or older convicted in this state…
Ala. Code § 14-14-3 Eligibility for Furlough
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(a) No physical or medical condition that existed at the time of sentencing shall provide the basis for medical furlough under this chapter, unless the inmate has become permanently incapacitated or terminally ill after the date of sentencing. In considering an inmate’s eligibili…
Ala. Code § 14-14-4 Establishment of Furlough Program
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(a) The department shall establish a medical furlough program. The commissioner shall adopt the rules and regulations for implementation of the medical furlough program. For each person considered for medical furlough, the commissioner shall determine whether the person is a geri…
Ala. Code § 14-14-5 Medical Release Application; Eligibility Factors; Revocation; Notice
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(a) An inmate, or any concerned person, including, but not limited to, the inmate’s attorney, family, physician, or an employee or official of the department may initiate consideration for medical furlough by submitting to the department an initial medical release application for…
Ala. Code § 14-14-6 Review
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This chapter shall not be deemed to grant any entitlement or right to release. Upon denial of release by the commissioner, the commissioner may schedule further review of consideration of medical furlough. No inmate or anyone acting on the inmate’s behalf shall have the right to …
Ala. Code § 14-14-7 Revocation of Medical Furlough
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The commissioner may revoke a medical furlough granted pursuant to this chapter at his or her discretion. History: (Act 2008-550, p. 1193, §7.)
Ala. Code § 14-15-1 Short Title
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This chapter shall be known and may be cited as the “Alabama Prisoner Litigation Reform Act.” History: (Act 2013-115, p. 231, §1.)
Ala. Code § 14-15-10 Actions Concerning Prison Conditions; Prisoner Release Orders
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(a) In any civil action with respect to prison conditions, no prisoner release order shall be entered unless both of the following are satisfied: (1) A court has previously entered an order for less intrusive relief that has failed to remedy the deprivation of the right sought to…
Ala. Code § 14-15-2 Applicability
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This chapter shall apply to all pro se civil actions for money damages relating to terms and conditions of confinement brought under the laws of this state, or for injunctive, declaratory, or mandamus relief, brought by prisoners incarcerated in any state correctional facility. N…
Ala. Code § 14-15-3 Definitions
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For purposes of this chapter, the following words shall have the following meanings: (1) ADMINISTRATIVE REMEDIES. Written policies adopted or approved by the Alabama Department of Corrections and any private company or contractor providing any services within any correctional fac…
Ala. Code § 14-15-4 Exhaustion of Administrative Remedies; Dismissal of Action; Waiver of
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Right to Reply; Pretrial Proceedings; Limitations (a) The department and any private company or contractor providing any services within any correctional facility shall adopt administrative remedies for prisoners. The administrative remedies shall be prominently posted and publis…
Ala. Code § 14-15-5 In Forma Pauperis Statuts
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(a)(1) A prisoner seeking in forma pauperis status shall provide the court with a certified copy of his or her prisoner money account for the preceding 12 months. (2) Any prisoner granted leave to proceed in forma pauperis shall repay any filing fees and pay any taxed costs by ma…
Ala. Code § 14-15-6 Service Requirements
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(a) In any pro se action in which any defendant is the State of Alabama or one of its officers, employees, or agents, upon the grant of in forma pauperis status or receipt of the filing fee and costs, the prisoner shall serve the office of the Attorney General with a copy of the …
Ala. Code § 14-15-7 Oral Arguments; Subpoenas; Discovery
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(a) Oral argument on any motion in any prisoner pro se civil action shall be heard orally only at the request of the court. Whenever possible, the court shall rule upon the record before it. (b) No pro se prisoner shall be permitted to request subpoenas for witnesses or documents…
Ala. Code § 14-15-8 Maintenance of Records
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(a) All records maintained by the department in the name of an individual prisoner, including medical records, shall be the property of the department. (b) In any pro se civil action subject to this chapter, where the State of Alabama, an agency of the State of Alabama, an employ…
Ala. Code § 14-15-9 Damages
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(a) Damages awarded to a prisoner in connection with a pro se civil action brought against any prison or against any official or agent of such prison shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Any remaining amounts shall be …