HB386 Alabama 2024 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2024

Title

Jefferson County, sheriff, appointment of reserve deputies to execute writs of possession in unlawful detainer cases, training, fees by affected parties

Summary

HB386 would authorize the Jefferson County Sheriff to appoint trained reserve deputies to help execute writs of possession or eviction in emergency conditions, set a $250 per-writ fee paid by private property owners, and require ongoing training for these reserve deputies.

What This Bill Does

The bill creates a mechanism for the Sheriff to appoint reserve deputies during an emergency writ condition (when more than 250 writs are unexecuted). These reserve deputies can execute writs and must return the writ to the court clerk, with immunities similar to other reserve deputies. Private property owners could pay up to $250 per writ directly to the reserve deputy for services; the county would not fund these payments, and a proper return must be made for the writ to be valid. It also requires training and certification for reserve deputies, with renewal every three years, and allows the Sheriff to charge a fee for training.

Who It Affects

• Private property owners or landlords who seek to have a writ of possession or execution carried out; they may pay a fee (up to $250) to a reserve deputy for the service and must ensure proper return of the writ.
• Reserve deputies who are certified by the Alabama Peace Officers' Standards and Training Commission, are not county employees, and receive training from the Jefferson County Sheriff; they would perform writ-related duties and receive protections when acting within scope.
• Jefferson County Sheriff’s Office and the Jefferson County court system, which would administer the reserve deputy program, handle writ administration, and receive writs returned by reserve deputies.

Key Provisions

• Defines emergency writ condition as when more than 250 writs of possession or writs of execution in Jefferson County are unexecuted.
• Authorizes the Sheriff to appoint and deputize reserve deputies to execute writs of possession or execution in emergency conditions; reservists must be certified by POST, not employed by the Sheriff’s Department, and trained by the Sheriff for this work.
• Reserve deputies, once assigned, perform writ duties and must return the writ to the court clerk; they receive the same immunities and protections as other reserve deputies when acting within scope and law.
• Private parties may pay a fee up to $250 per writ to the reserve deputy for executing the writ; the fee is paid directly by the owner and not from county funds, and the Sheriff does not receive a service fee unless legally authorized.
• Requires the Sheriff to implement a training program, verify POST certification, and ensure completion of legal procedures for writs; training must be renewed at least every three years and may incur a fee charged by the Sheriff.
• Supersedes Act 592 of 1967 to the extent of any conflict.
• Effective date: June 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Jefferson County