Senate Bill 139 Alabama 2026 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

2026 Regular Session

Title

Pretrial detention hearings; procedure revised

Summary

SB139 would let a pretrial detention hearing satisfy the right to a preliminary hearing, tighten detention timing, require formal court records, and adjust bail and appeals for serious offenses.

What This Bill Does

It allows a pretrial detention hearing to satisfy the right to a preliminary hearing. Detention hearings must be set within 10 days of arrest, with limited continuances (up to 21 days for good cause) and if the last day falls on a weekend or holiday, moved to the next business day. Courts must record all detention hearings and give defendants rights to counsel, testify, present witnesses, and challenge evidence, with written findings required if bail is denied. For certain listed serious offenses, the court may hold without bail before the detention hearing unless the parties agree to bail; after the hearing bail can be denied if the state proves by clear and convincing evidence that release would not reasonably ensure appearance or protect safety; appeals go to the Court of Criminal Appeals, and bond supervision by the Board of Pardons and Paroles is possible.

Who It Affects

• Defendants charged with felonies (and their attorneys) who would face tighter detention timing, new procedures, and potential bail decisions as described.
• Courts, prosecutors, and the Board of Pardons and Paroles, which would be responsible for recording hearings, applying new bail rules for serious offenses, handling appeals, and supervising bond.

Key Provisions

• Replaces the absolute right to a separate preliminary hearing by allowing a pretrial detention hearing to satisfy that right.
• Detention hearings must be held within 10 days of arrest; continuances are limited (up to 21 days for good cause; longer only by joint motion; last-day moved to next business day).
• Court must record all pretrial detention hearings, provide defendants with counsel and other rights, and issue written findings if bail is denied.
• For enumerated serious offenses, the court shall hold without bail prior to the detention hearing unless there is a bail agreement; after the hearing bail can be denied on clear and convincing evidence; appeals go to the Court of Criminal Appeals; bond supervision by the Board of Pardons and Paroles is allowed.
• Section repeals the separate pretrial supervision statute and requires the Supreme Court to conform rules; effective date is May 15, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure