Code of Alabama
Ala. Code § 13A-10-30 (2026)
Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The definitions contained in Section 13A-10-1 are applicable in this article unless the context requires otherwise.
(b) The following definitions are also applicable to this article:
(1) CONTRABAND. Any article or thing which a person confined in a detention facility is legally prohibited from obtaining or possessing by statute, rule, regulation, detention center policy, or order.
(2) CUSTODY. A restraint or detention by a public servant pursuant to a lawful arrest, conviction, or order of court, but does not include mere supervision of probation or parole or constraint incidental to release on bail.
(3) DETENTION FACILITY. Any place used for the confinement, pursuant to law, of a person:
a. Charged with or convicted of a criminal offense.
b. Charged with being or adjudicated a youthful offender, or a neglected minor or juvenile delinquent.
c. Held for extradition.
d. Otherwise confined pursuant to an order of court.
(4) PENAL FACILITY. Any security correctional institution for the confinement of persons arrested for, charged with, or convicted of a criminal offense, including, but not limited to, the state penitentiary and any branch of the state penitentiary, or any county or city jail.
(Acts 1977, No. 607, p. 812, §4601; Acts 1978, No. 770; Act 2023-336, §1.)
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1981–2025 · leading case: Kenneth Henley v. Willie E. Johnson, Warden, 885 F.2d 790 (11th Cir. 1989).
Kenneth Henley v. Willie E. Johnson, Warden, 885 F.2d 790 (11th Cir. 1989). “Henley also maintains that he should not have been convicted of the offense of escape because, at the time of his escape, he was not in custody pursuant to an lawful conviction.”
Ex Parte McReynolds, 662 So. 2d 886 (Ala. 1994). “Under the pertinent statute, § 13A-10-30(b)(1), one is not in "custody" until he has been arrested, because the term "custody" is defined as a restraint or detention "pursuant to a lawful arrest.”
Ringstaff v. State, 480 So. 2d 50 (Ala. Crim. App. 1985). “Escape is dealt with in Article 2 of Chapter 10 of Title 13A (§ 13A-10-30 through § 13A-10-45). That article does not define "public servant".”
Pinkard v. State, 405 So. 2d 411 (Ala. Crim. App. 1981). “) Under Section 13A-10-30, the definitional statute for escape offenses, custody is defined as "A restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court .”
Ex Parte Davis, 548 So. 2d 1041 (Ala. 1989). “"(d) A person commits the crime of arson in the second degree if he intentionally starts or maintains a fire or causes an explosion which damages property in a detention facility or a penal facility, as defined in section 13A-10-30 of this Code, with reckless disregard (because…”
Gibbons v. State, 676 So. 2d 956 (Ala. Crim. App. 1995). “" Custody is defined in § 13A-10-30(b)(1) as "[a] restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of the court.”
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995). “§ 13A-10-30(b)(1). See also Talley v. State, 479 So.”
Cagle v. State, 611 So. 2d 1199 (Ala. Crim. App. 1992). “See § 13A-10-30, Code of Alabama 1975, and cases cited therein.”
Rickett v. State, 440 So. 2d 1203 (Ala. Crim. App. 1983). “Under § 13A-10-30, Code of Alabama 1975, a county jail comes within the definition of a penal facility and the term “custody” is defined as “restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court.”
Sommerville v. State, 555 So. 2d 1165 (Ala. Crim. App. 1989). “’ Section 13A-10-30(b)(1). The key word in the definition of ‘custody’ is ‘restraint’.”
Oliver v. State, 466 So. 2d 159 (Ala. Crim. App. 1984). “Escape from this status is an escape under § 13A-10-30(b)(1), Code of Alabama 1975. Jenkins v.”
Barnett v. State, 517 So. 2d 641 (Ala. Crim. App. 1987). ““Custody” is defined by statute to mean “[a] restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court,” Alabama Code 1975, § 13A-10-30(b)(l). Adopting Barnett’s argument would effectively preclude the criminal prosecution and…”
— Ala. Code § 13A-10-30(a)(l) — 1 case
Gross v. State, 485 So. 2d 403 (Ala. Crim. App. 1986).
— Ala. Code § 13A-10-30(b)(1) — 7 cases
Ex Parte McReynolds, 662 So. 2d 886 (Ala. 1994). “Under the pertinent statute, § 13A-10-30(b)(1), one is not in "custody" until he has been arrested, because the term "custody" is defined as a restraint or detention "pursuant to a lawful arrest.”
Ringstaff v. State, 480 So. 2d 50 (Ala. Crim. App. 1985). “Escape is dealt with in Article 2 of Chapter 10 of Title 13A (§ 13A-10-30 through § 13A-10-45). That article does not define "public servant".”
Gibbons v. State, 676 So. 2d 956 (Ala. Crim. App. 1995). “" Custody is defined in § 13A-10-30(b)(1) as "[a] restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of the court.”
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995). “§ 13A-10-30(b)(1). See also Talley v. State, 479 So.”
Sommerville v. State, 555 So. 2d 1165 (Ala. Crim. App. 1989). “’ Section 13A-10-30(b)(1). The key word in the definition of ‘custody’ is ‘restraint’.”
— Ala. Code § 13A-10-30(b)(2) — 1 case
Bonnie Lee Baker v. State of Alabama (Appeal from Winston Circuit Court: CC-22-193) (Ala. Crim. App. 2025).
— Ala. Code § 13A-10-30(b)(3) — 2 cases
Sommerville v. State, 555 So. 2d 1165 (Ala. Crim. App. 1989). “’ Section 13A-10-30(b)(1). The key word in the definition of ‘custody’ is ‘restraint’.”
Mays v. State, 144 So. 3d 507 (Ala. Crim. App. 2013).
— Ala. Code § 13A-10-30(b)(l) — 7 cases
Barnett v. State, 517 So. 2d 641 (Ala. Crim. App. 1987). ““Custody” is defined by statute to mean “[a] restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court,” Alabama Code 1975, § 13A-10-30(b)(l). Adopting Barnett’s argument would effectively preclude the criminal prosecution and…”
Oliver v. State, 466 So. 2d 159 (Ala. Crim. App. 1984). “Escape from this status is an escape under § 13A-10-30(b)(1), Code of Alabama 1975. Jenkins v.”
McReynolds v. State, 662 So. 2d 890 (Ala. Crim. App. 1995).
Conner v. State, 840 So. 2d 950 (Ala. Crim. App. 2002).
Walker v. State, 881 So. 2d 1059 (Ala. Crim. App. 2002).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.