The bill amends Sections 15-11-1 and 15-13-3 of the Code of Alabama 1975 to enhance the procedures for preliminary and pretrial detention hearings. It establishes that individuals charged with a felony have an absolute right to a preliminary hearing within 45 days of their arrest, with the stipulation that their absence will not invalidate an indictment. A new section is introduced allowing a pretrial detention hearing to satisfy a defendant's rights unless the court orders otherwise for good cause. Additionally, defendants charged with certain serious offenses will be held without bail prior to a pretrial detention hearing unless an agreement on bail conditions is reached. The bill mandates that pretrial detention hearings be set within 10 days of arrest, emphasizes defendants' rights during these hearings, and requires the court to provide written findings when denying bail. Notably, Section 15-13-3.1, which previously related to pretrial detention, is repealed.
The bill also introduces provisions for the supervision of defendants charged with specific offenses, allowing courts to order supervision by the Board of Pardons and Paroles as a condition of bond. The Board is required to adopt necessary rules for implementing this supervision. Furthermore, the bill ensures compatibility with a previous act concerning amendments to Section 15-13-3, stating that both acts should be effective as long as they do not conflict substantively. The Legislature expresses its intent for the Supreme Court of Alabama to amend its rules to align with the new provisions, and the effective date for the bill is set for May 15, 2026.
Statutes affected: Introduced: 15-13-3, 15-11-1, 15-13-3, 15-11-1, 15-13-3, 15-13-3, 13A-5-40, 13A-6-2, 13A-6-43, 13A-6-61, 13A-6-63, 13A-6-65, 13A-6-130, 13A-6-152, 13A-7-5, 13A-7-41, 13A-8-41, 13A-10-152, 26-15-3, 15-13-3
Engrossed: 15-13-3, 15-11-1, 15-13-3, 15-11-1, 15-13-3, 15-13-3, 13A-5-40, 13A-6-2, 13A-6-43, 13A-6-61, 13A-6-63, 13A-6-65, 13A-6-130, 13A-6-152, 13A-7-5, 13A-7-41, 13A-8-41, 13A-10-152, 26-15-3, 15-13-3