SB31 Alabama 2018 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2018

Title

Municipal courts, municipal judges, bail, to require defendants to be released as an unsecured appearance bond or on personal recognizance, with exceptions, Sec. 12-14-5 am'd.

Summary

The bill changes how municipal courts handle bail by requiring release on an unsecured appearance bond or personal recognizance for offenses punishable by fine or jail time, with safeguards for affordability and safety.

What This Bill Does

Municipal judges would release defendants on an unsecured appearance bond (up to $1,000 with good security) or on personal recognizance for offenses punishable by fine or imprisonment. If financial bail is set, judges must determine that the defendant can afford it without substantial hardship and document this; they may waive or reduce financial conditions and may impose non-financial release conditions if needed. If the defendant is deemed a real danger or unlikely to appear, the court may detain them and must hold a hearing within 48 hours (no warrant) or 72 hours (with warrant) with written findings, following specified procedural guidelines; special rules apply to domestic violence and DUI cases.

Who It Affects

• Defendants charged with municipal ordinance violations who would be released on an unsecured appearance bond up to $1,000 or on personal recognizance
• Indigent defendants who may have bail reduced or waived and may receive non-financial release conditions

Key Provisions

• Requires municipal judges to admit to bail release using an unsecured appearance bond up to $1,000 (with good security) or personal recognizance for offenses punishable by a fine or imprisonment, with some exceptions
• If financial bail is set, judges must ensure the defendant can afford it without substantial hardship and explain this on the record; may waive or reduce financial conditions and impose non-financial conditions if needed
• Released defendants must receive a citation to appear and be released no later than the completion of the booking process
• If a defendant is deemed a real danger or likely not to appear, the court may detain them and must hold a hearing within 48 hours (no warrant) or 72 hours (with warrant) with written findings guided by Rule 7.2 factors
• Includes special procedures for cases involving domestic violence or a domestic violence protection order and for driving under the influence
• Effective date: law takes effect on the first day of the third month after Governor’s approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court, Municipal