Title 15 — Title 15

Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a court or judge of the United States in a case of w…

Sufficient Bail Not Offered; Transmission of Bail to Clerk of Court; Forfeiture of Bail. (a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which is bailable, he must be admitted to bail on offering sufficient bai…

On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order, judgment, decree or process of any court legally constituted, nor into the justice or propriety of any commitment for contempt made by a court, office…

Issued. If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where: (1) The jurisdict…

When Commitment Irregular. In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of such an offense, although his commitment was irregular, he may be remanded to the custody or restraint from which he was…

When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, unless he is indicted therefor or, after a discharge for defect of proof, is again arrested on sufficient proof and committed by legal process…

Action for Damages. Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal and proper cause, warrant or other process …

Etc. Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains any prisoner, either to the prisoner himself or to any other person who applies for the same on his behalf, for six hours after demand is made, for…

Any person confined as insane may prosecute a writ of habeas corpus as provided in this chapter; and, if the judge or the jury, when the petitioner demands the issues arising to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar …

(a) It is the duty of the officer before whom a writ of habeas corpus is returnable, in case of such refusal or neglect on the part of the person to whom it is directed, to proceed forthwith against him by process of attachment, as for contempt, to compel obedience to the writ an…

of Writ. Any person who has in his custody or under his control a person who is entitled to a writ of habeas corpus and, either before or after the issue of such writ with intent to elude the service or effect thereof, transfers such person to the custody of another, places him u…

If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver it to the clerk of the circuit court of the county in w…

(a) In habeas corpus proceedings, witnesses may prove their attendance before the judge as in other cases and have the same taxed in the bill of costs, on the subsequent conviction of the party, where he is detained on a criminal charge. (b) In other cases, the court or judge may…

(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before whom the writ is returnable and conveying hi…

Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect that the statements therein contained are true …

If the name of the person on whose behalf an application for a writ of habeas corpus is made or the officer or person by whom he is imprisoned or detained is uncertain or unknown, he may be described in any way that is sufficient to identify him. History: (Code 1852, §712; Code 1…

(a) When the person is confined in a county jail or any other place on a charge of felony or under a commitment or an indictment for felony, the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge. (b) When the person is confined in the penit…

Required; Ouster of Jurisdiction of Nearest Judge. (a) When the petition for a writ of habeas corpus is required to be addressed to the nearest circuit court judge and such judge is absent, is incapable of acting, has refused to grant the writ, has refused to grant the writ retur…

(a) The judge to whom the application for a writ of habeas corpus is made must grant the same without delay, unless it appears from the petition itself or from the documents thereunto annexed that the person imprisoned or restrained is not entitled to the benefit of the writ unde…

A writ of habeas corpus may be, in substance, as follows: The State of Alabama,) _________ County.) To the sheriff of _______ County (or other person by whom the party is imprisoned or restrained): You are hereby commanded to have the body of A. B. alleged to be detained by you, …

Repealed by Act 2002-413, 2003 Regular Session, effective July 1, 2002. History: (Acts 1939, No. 276, p. 432; Code 1940, T. 42, §§27, 28.)

Whereas: The Interstate Compact for the Supervision of Parolees and Probationers was established in 1937, it is the earliest corrections “compact” established among the states and has not been amended since its adoption over 62 years ago; Whereas: This compact is the only vehicle…

The Governor is authorized and directed to enter into a compact on behalf of the State of Alabama with any state in the United States legally joining the compact in the form as substantially provided for in Section 15-22-1.1. History: (Act 2002-413, p. 1039, §2.)

(a) Any adult offender placed under community supervision and released to the community under the jurisdiction of the courts, paroling authorities, corrections, or other criminal justice agencies filing a written request to transfer residence from this state to another state unde…

This article may be known and cited as the Scottsboro Boys Act. History: (Act 2013-81, p. 180, §1.)

The purpose of this article is to establish a process for the consideration of posthumous pardons by the State Board of Pardons and Paroles for certain felons. History: (Act 2013-81, p. 180, §2.)

The following words shall have the following meanings for purposes of this article: (1) BOARD. State Board of Pardons and Paroles. (2) CANDIDATE. A person who is considered for a posthumous pardon. (3) PETITION. A document signed by a petitioner requesting the posthumous pardon o…

(a) A person convicted of a Class A or Class B felony in this state shall be a candidate for a posthumous pardon if all of the following conditions are satisfied: (1) He or she is deceased. (2) The person’s circumstances of conviction provide a compelling reason or reasons to con…

For the public welfare, a pardon granted by the board pursuant to this article shall not require formal delivery to and acceptance by the candidate’s family or legal heirs in order to be considered valid. History: (Act 2013-81, p. 180, §5.)

Nothing in this article, nor any determination made by the Alabama Board of Pardons and Paroles pursuant to this article, shall give rise to any liability from any act or omission of any governmental entity or otherwise give rise to any legal claim, suit, or action, including for…

Income; Compliance with Rules and Regulations. (a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction and who is subject to supervision by the Board of Pardons and Paroles and who h…

(Amended by Act 2026-403) [Effective until October 1, 2026.] AMENDED BY ACT 2026-403, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) There shall be a Board of Pardons and Paroles which shall consist of three members. The membership of the board shall be inclusive an…

(a) The Governor shall appoint a Director of Pardons and Paroles, who shall serve at the pleasure of the Governor. (b) The Director of Pardons and Paroles shall serve as the chief executive officer of the Board of Pardons and Paroles and be vested with all power necessary to perf…

Rehabilitation. One executive-level employee at the Department of Pardons and Paroles, or its successor agency, shall be known as the Deputy Director for Parolee Rehabilitation. The Deputy Director for Parolee Rehabilitation shall be responsible for the development, implementatio…

The necessary office quarters, supplies, stationery and equipment shall be provided for the Board of Pardons and Paroles in the manner that the same are furnished to other departments, boards, commissions, bureaus and offices of the state. History: (Acts 1939, No. 275, p. 426; Co…

Due Notice. (a) Meetings of the Board of Pardons and Paroles shall be held at the call of the chairman or as may be determined by the board. Meetings set for the purpose of conducting hearings and making determinations concerning pardons, paroles, restorations of political and ci…

Representation of Applicant by State Official; Supervision and Treatment; Training Requirements. (a) The Board of Pardons and Paroles shall be charged with all of the following: (1) Determining which prisoners serving sentences in the jails and prisons of the State of Alabama may…

(a) The Board of Pardons and Paroles shall create a certificate of employability that shall be issued by the board to individuals under the custody of the Department of Corrections who meet eligibility criteria established by the board, by rule, which demonstrates an individual’s…

Records. (a) As to each prisoner sentenced and received in the jails and prisons of the State of Alabama, it shall be the duty of the Board of Pardons and Paroles, while the case is still recent, to cause to be obtained and filed information as complete as may be obtainable at th…

372) [Effective until October 1, 2026.] AMENDED BY ACT 2026-372, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the Board o…

(a) The position of Board of Pardons and Paroles Administrative Hearing Officer is created and established, subject to provisions of the state Merit System. (b) The board may appoint or employ, as the board deems necessary, three administrative hearing officers who shall possess …

(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under this chapter: (1) If the defenda…

Agencies Authorized Under Certain Circumstances. (a) During an active investigation, a law enforcement agency may request the Board of Pardons and Paroles for probative electronic monitoring GPS data pertaining to the investigation. (b) The Board of Pardons and Paroles may share …

Imprisonment. (a) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a pardon unless sufficient evidence is presented to the Board of Pardons and Paroles to satisfy it that the person was innocent of the crime for which he or she was co…

Having Been Previously Convicted of Felonies or Attempts Resulting in Serious Physical Injury. Any person convicted of any act, or attempt to commit the act, of murder, rape, robbery or assault with a deadly weapon, the commission of which directly and proximately resulted in ser…

Convictions of Class a Felonies. In all cases where a criminal defendant has been convicted of a Class A felony committed after a previous conviction of another Class A felony, and such second conviction results in a sentence to imprisonment for life, he shall not be eligible for…

Child. (a) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, which is a Class A or B felony, shall not be eligible for parole. (b) Notwithstanding Section 15-22-36, any person convicted of a sex offense invol…

Years of Age - Chemical Castration Treatment. (a) As used in this section, the following terms shall have the following meanings: (1) CHEMICAL CASTRATION TREATMENT. The receiving of medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical e…

Consideration Date. (a) It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation of any and all prisoners confined in the jails and prisons of the state, through use of a validated risk and needs assessment as defined in Section …

(a) The Board of Pardons and Paroles, in releasing an inmate on parole, shall specify in writing the conditions of his or her parole and shall provide a copy of the conditions to the parolee. A parolee who violates the conditions of parole may be subject to arrest and reimprisonm…