Code of Alabama - Title 15: Criminal Procedure - Chapter 9 - Fugitives From Justice, Extradition and Detainers
- Article 1 Rewards.
- Article 2 Extradition.
- Division 1 General Provisions.
- Section 15-9-20 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) GOVERNOR. Any person performing...
- Division 2 From Alabama.
- Section 15-9-30 Duty of Governor to have arrested and deliver foreign fugitive
Subject to the qualifications of this division, the controlling provisions of the Constitution of the United States and Acts of Congress in pursuance thereof, it...
- Section 15-9-31 Form of demand
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied...
- Section 15-9-32 Investigation of demand
When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person...
- Section 15-9-33 What supporting documents to show
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present...
- Section 15-9-34 Surrender of person committing act in Alabama resulting in crime in another state
On demand of the executive authority of any other state, the Governor of this state may also surrender any person in this state charged in...
- Section 15-9-35 Arrest warrant - Issuance; contents
If the Governor shall decide that an extradition demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with...
- Section 15-9-36 Arrest warrant - Authorization to arresting officer
A warrant of arrest issued by the Governor under this division shall authorize the officer or other person to whom directed to arrest the accused...
- Section 15-9-37 Authority of arresting officer to command assistance; refusal to assist arresting officer
Every officer or other person empowered to make an arrest pursuant to a warrant issued under this division shall have the same authority in arresting...
- Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty for violation of section
(a) No person arrested upon a warrant of arrest issued under this division shall be delivered over to the agent whom the executive authority demanding...
- Section 15-9-39 Confinement of prisoner
The officer or person executing a Governor's warrant of arrest under this division or the agent of the demanding state to whom the prisoner may...
- Section 15-9-40 Arrest prior to requisition
Whenever any person within this state shall be charged on the oath of any credible person before any district or circuit court judge of this...
- Section 15-9-41 Arrest without warrant - When authorized; persons authorized to make arrest; appearance of accused before judge
The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant upon reasonable information that the...
- Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail
If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the...
- Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of bail
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of...
- Section 15-9-44 Arrest without warrant - Failure to arrest accused on Governor's warrant within time specified
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the...
- Section 15-9-45 Arrest without warrant - Forfeiture of bail
If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the court, by proper...
- Section 15-9-46 When prosecution already instituted in Alabama
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at his discretion,...
- Section 15-9-47 Inquiry into guilt or innocence of accused
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or...
- Section 15-9-48 Constraint on use for collection of debt, demand or claim
Nothing in this division shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings,...
- Section 15-9-49 Recall of warrant or issuance of alias
Under this division, the Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
- Division 3 To Alabama.
- Article 3 Mandatory Disposition of Detainers.
- Section 15-9-80 Short title
This article may be cited as the Uniform Mandatory Disposition of Detainers Act.
- Section 15-9-81 Adoption and text of agreement on detainers
The agreement on detainers is hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions legally joining therein,...
- Section 15-9-82 Right of prisoner to final disposition of untried indictments, etc., pending against him; duty of official having custody of prisoners to inform prisoners of untried indictments, etc.; failure to notify prisoners of filing of detainers
(a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information or...
- Section 15-9-83 Action by official having custody of prisoner upon receipt of request for final determination
The request shall be delivered to the warden or other like official having custody of the prisoner, who shall forthwith: (1) Certify the term of...
- Section 15-9-84 Time within which indictment, etc., to be brought to trial; continuances; failure to bring indictment, etc., to trial within specified time
Within 90 days after the receipt of the request and certificate by the court and district attorney or within such additional time as the court...
- Section 15-9-85 Escape by prisoner after request filed
Escape from custody by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the
- Section 15-9-86 Article inapplicable to mentally ill persons
This article does not apply to any person adjudged to be mentally ill.
- Section 15-9-87 Notice to prisoners of provisions of article
The warden or other like official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this...
- Section 15-9-88 Construction of article
This article shall be so construed as to effectuate its general purpose to make uniform the laws of this state with those states joining in...
- Article 4 Transfer of Foreign Nationals.
Last modified: May 3, 2021