Ala. Code
Code of Alabama

Ala. Code § 15-13-3 (2026)

Persons Charged with Capital Murder; Pretrial Detention Hearing; Denial of Bail in Particular Cases.

✓ official Alabama Legislature (ALISON) text, current July 2026
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AMENDED BY ACT 2025-273, EFFECTIVE CONTINGENT ON RATIFICATION OF CONSTITUTIONAL AMENDMENT. SEE ACT FOR REVISED LANGUAGE.

(a) A defendant is not eligible for bail when he or she is charged with capital murder pursuant to Section 13A-5-40, if the court is of the opinion, on the evidence adduced, that he or she is guilty of the offense.

(b)(1) The court, after a hearing as provided in this subsection, after the presentment of an indictment or a showing of probable cause in the charged offense, and if the prosecuting attorney proves by clear and convincing evidence that no condition or combination of conditions of release will reasonably ensure the defendant’s appearance in court or protect the safety of the community or any person, may deny a defendant’s bail, if he or she is charged with any of the following offenses:

a. Murder, as provided in Section 13A-6-2.

b. Kidnapping in the first degree, as provided in Section 13A-6-43.

c. Rape in the first degree, as provided in Section 13A-6-61.

d. Sodomy in the first degree, as provided in Section 13A-6-63.

e. Sexual torture, as provided in Section 13A-6-65.1.

f. Domestic violence in the first degree, as provided in Section 13A-6-130.

g. Human trafficking in the first degree, as provided in Section 13A-6-152.

h. Burglary in the first degree, as provided in Section 13A-7-5.

i. Arson in the first degree, as provided in Section 13A-7-41.

j. Robbery in the first degree, as provided in Section 13A-8-41.

k. Terrorism, as provided in subdivision (b)(2) of Section 13A-10-152.

l. Aggravated child abuse, as provided in subsection (b) of Section 26-15-3.1.

(2) A court shall order that a defendant charged with an offense listed in this subsection be held without bail prior to a pretrial detention hearing.

(3) The court shall hold a pretrial detention hearing immediately upon the defendant’s first appearance before the court, unless the prosecuting attorney or the defendant requests a continuance. Except for good cause, a continuance on a motion of the defendant may not exceed five days, excluding Saturdays, Sundays, and state holidays, and a continuance on motion by the prosecuting attorney may not exceed three days, excluding Saturdays, Sundays, and state holidays. The defendant shall be detained during any continuance.

(4)a. A defendant shall have all of the following rights at a pretrial detention hearing:

1. To be represented by counsel. If the defendant is financially unable to obtain counsel, he or she shall have counsel appointed.

2. To testify.

3. To present witnesses.

4. To present evidence.

5. To cross-examine witnesses.

b. The judge shall have discretion as to who the defendant may call as a witness as provided in this subdivision at the pretrial detention hearing.

(5) In considering whether there are any conditions or combination of conditions that would reasonably ensure the defendant’s appearance in court or protect the safety of the community and of any person, the court shall consider all of the following factors:

a. The nature and circumstances of the offenses charged.

b. The weight of the evidence against the defendant.

c. The history and characteristics of the defendant, including, but not limited to the defendant’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings, and whether, at the time of the current offense, the defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense.

d. The nature and seriousness of the danger to any person or the community if the defendant is released.

(6) At any pretrial detention hearing, the rules governing admissibility of evidence in criminal trials shall not apply, and the court shall receive all relevant evidence. All evidence shall be recorded. The testimony of a defendant may not be admissible in any other criminal proceeding against the defendant, except if being used for perjury based on the testimony or for the purpose of impeachment in any subsequent proceeding.

(7)a. A prosecuting attorney may file a motion for a pretrial detention hearing at any time.

b. A pretrial detention hearing may be reopened, before or after a determination by the court, at any time prior to trial if the court finds that information exists that was not known by the movant at the time of the pretrial detention hearing.

(8) In an order denying bail, the judge shall make written findings or state for the record findings of fact and a statement of the reasons for denying bail. The judge shall enter an order denying bail within 48 hours of the hearing.

(Code 1852, §§683, 685, 686; Code 1867, §§4234, 4236, 4237; Code 1876, §§4842, 4844, 4845; Code 1886, §§4415, 4417, 4418; Code 1896, §§4357, 4359, 4360; Code 1907, §§6337, 6339, 6340; Code 1923, §§3370, 3372, 3373; Code 1940, T. 15, §§195, 197, 198; Acts 1949, No. 199, p. 230; Act 2021-267, §2.)

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1992–2026 · leading case: Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992).
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Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992). · cites it 2× “However, in his supplemental brief the appellant contends that, in the light of the extensive publicity immediately prior to trial, the procedure mandated by the trial court for conducting voir dire denied him the ability to conduct meaningful voir dire on the potential jurors'…”
In re: State of Alabama v. Mason John Grimes (Ala. 2026). · cites it 59× “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
In re: State of Alabama v. Brooklyn Paige Grimes (Ala. 2026). · cites it 59× “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). · cites it 36× “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ex Parte Hall, 844 So. 2d 571 (Ala. 2002). “See also § 15-13-3(a), Ala.Code 1975 ("A defendant cannot be admitted to bail when he is charged with an offense which may be punished by *574 death if the [trial] court is of the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable…”
Ex Parte Patterson, 70 So. 3d 435 (Ala. Crim. App. 2011). · cites it 9× “Additionally, § 15-13-2, Code of Alabama 1975, states that "In all cases other than those specified in subsection (a) of section 15-13-3, a defendant is, before conviction, entitled to bail as a matter of right.”
Ex parte Billy Joe Carter, Jr. (In re: State of Alabama v. Billy Joe Carter, Jr.) (Shelby Circuit Court: DC-23-901353) (Ala. Crim. App. 2024). · cites it 9× “" § 15-13-3, Ala. Code 1975 (emphasis added).”
In re Harris (Cal. 2024). “, Ala. Code § 15-13-3 , subd. (b)(6); Alaska Stat.”
State v. Singleton, 695 So. 2d 256 (Ala. Crim. App. 1997). · cites it 2× “I, § 16. Additionally, § 15-13-2, Code of Alabama 1975, states that ‘In all cases other than those specified in subsection (a) of section 15-13-3, a defendant is, before conviction, entitled to bail as a matter of right.”
Ala. Code § 15-13-3(a): 3 cases
Ex Parte Hall, 844 So. 2d 571 (Ala. 2002). “See also § 15-13-3(a), Ala.Code 1975 ("A defendant cannot be admitted to bail when he is charged with an offense which may be punished by *574 death if the [trial] court is of the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable…”
In re: State of Alabama v. Mason John Grimes (Ala. 2026). “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
In re: State of Alabama v. Brooklyn Paige Grimes (Ala. 2026). “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
Ala. Code § 15-13-3(b): 3 cases
In re: State of Alabama v. Mason John Grimes (Ala. 2026). “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
In re: State of Alabama v. Brooklyn Paige Grimes (Ala. 2026). “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
Ex parte Billy Joe Carter, Jr. (In re: State of Alabama v. Billy Joe Carter, Jr.) (Shelby Circuit Court: DC-23-901353) (Ala. Crim. App. 2024). “" § 15-13-3, Ala. Code 1975 (emphasis added).”
Ala. Code § 15-13-3(b)(1): 3 cases
In re: State of Alabama v. Mason John Grimes (Ala. 2026). “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
In re: State of Alabama v. Brooklyn Paige Grimes (Ala. 2026). “That said, both Section 16 and § 15-13-3 were amended in 2022, so our inquiry into the validity of the presumption rule must necessarily take those amendments into consideration.”
Ex parte Billy Joe Carter, Jr. (In re: State of Alabama v. Billy Joe Carter, Jr.) (Shelby Circuit Court: DC-23-901353) (Ala. Crim. App. 2024). “" § 15-13-3, Ala. Code 1975 (emphasis added).”
Ala. Code § 15-13-3(b)(1)(c): 1 case
Ex parte Billy Joe Carter, Jr. (In re: State of Alabama v. Billy Joe Carter, Jr.) (Shelby Circuit Court: DC-23-901353) (Ala. Crim. App. 2024). “" § 15-13-3, Ala. Code 1975 (emphasis added).”
Ala. Code § 15-13-3(b)(1)(g): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ala. Code § 15-13-3(b)(2): 1 case
Ex parte Billy Joe Carter, Jr. (In re: State of Alabama v. Billy Joe Carter, Jr.) (Shelby Circuit Court: DC-23-901353) (Ala. Crim. App. 2024). “" § 15-13-3, Ala. Code 1975 (emphasis added).”
Ala. Code § 15-13-3(b)(3): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ala. Code § 15-13-3(b)(5): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ala. Code § 15-13-3(b)(5)(a): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ala. Code § 15-13-3(b)(7): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ala. Code § 15-13-3(b)(7)(b): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
Ala. Code § 15-13-3(b)(8): 1 case
Ex parte Terrell Demetrius Bailey (In re: State of Alabama v. Terrell Demetrius Bailey) (Montgomery Dist. Court: DC-2024-901178) (Ala. Crim. App. 2025). “The 48-hour timing provision of § 15-13-3 is directory, not mandatory, because it does not relate to the essence of the statute, which is to provide courts the power to deny bail for certain serious offenses, including first-degree human trafficking.”
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