House Bill 228 Alabama 2026 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

2026 Regular Session

Title

Pretrial detention hearings; procedure revised

Summary

HB228 rewrites Alabama’s pretrial detention and preliminary hearing rules, allowing detention hearings to satisfy preliminary hearing rights while tightening timelines, recording, and bail procedures.

What This Bill Does

HB228 lets a pretrial detention hearing satisfy the right to a preliminary hearing. It sets a 10-day deadline to hold a pretrial detention hearing for listed offenses, with limited continuances (defense up to 5 days, state up to 3 days) and a possible 21-day extension for good cause. It expands when bail can be denied after such hearings for certain serious offenses if clear and convincing evidence shows no release conditions will reasonably protect appearance or safety. It requires hearings to be recorded with a formal record and written findings for bail denials, and it creates an appeal path to the Court of Criminal Appeals; the act repeals the old pretrial supervision statute and takes effect May 15, 2026.

Who It Affects

• Defendants charged with felonies (especially those charged with the enumerated offenses) — gain a pretrial detention hearing that can count as a preliminary hearing, along with new timelines and potential bail decisions.
• The state/prosecutors and the courts — must meet new deadlines, maintain recorded records, apply updated bail standards, and manage appeals and potential bond conditions (including possible board supervision).

Key Provisions

• A pretrial detention hearing can satisfy the defendant's right to a preliminary hearing.
• For offenses listed in the act, the court must hold a pretrial detention hearing within 10 days of arrest, with specific limits on continuances (defense up to 5 days, prosecution up to 3 days) and a possible 21-day extension for good cause; longer extensions require a joint motion.
• Bail can be denied after a pretrial detention hearing for certain serious offenses if clear and convincing evidence shows no release conditions will reasonably ensure appearance or protect safety.
• Hearings for listed offenses include immediate detention at first appearance and a requirement to consider a broad set of factors when deciding conditions of release; all hearings are recorded with a formal record and findings for bail denials.
• Appeals of pretrial detention orders go to the Court of Criminal Appeals (with a mechanism for circuit court de novo review if the record is inadequate).
• The act repeals the previous pretrial supervision statute and becomes effective May 15, 2026, with related code amendments and implementation rules.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure