SB37 Alabama 2010 Session

Summary

Primary Sponsor

Hinton Mitchem

Democrat

Session

Regular Session 2010

Title

Jails, jailors or other persons having custody of a person charged with a felony or DUI, required to determine the citizenship and lawful status of the defendant, defendant to be considered a flight risk if not in lawful status

Summary

SB37 would require jailers to verify the citizenship and lawful status of people charged with a felony or DUI, and it creates a flight-risk presumption for certain foreign nationals when bonds are considered.

What This Bill Does

Jailers must make a reasonable effort to determine the citizenship of detainees charged with a felony or DUI. If the person is a foreign national, jailers must verify lawful admission and that the status is not expired; if documents aren’t enough, verification must occur within 48 hours through a Homeland Security query, and DHS must be notified if verification can’t be completed. For bond decisions, there is a rebuttable presumption that a verified foreign national not lawfully admitted is a flight risk.

Who It Affects

• Detainees charged with a felony or DUI who will be held in county or municipal jails (their citizenship and immigration status will be checked, which could influence bond decisions).
• Jailers and law enforcement officers who custody detainees (they must perform citizenship verification, perform the 48-hour verification window, and notify DHS; bond decisions may apply the flight-risk presumption).

Key Provisions

• Jailers must determine each detainee's citizenship status and verify lawful immigration status for foreign nationals, with a 48-hour DHS verification window if documents on hand are insufficient, and must notify DHS if verification cannot be completed.
• There is a rebuttable presumption that a foreign national who has been verified and not lawfully admitted is a flight risk for the purpose of bond decisions.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses