(a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.
(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth Services in a juvenile court for a felony or a misdemeanor for a set period of time or as a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile court shall order that the delinquent child be credited with all of his or her actual time spent detained prior to or subsequent to adjudication for the offense. The actual time spent detained shall be certified by a juvenile probation officer on forms to be prescribed by the Department of Youth Services.
(Acts 1975, 2nd Ex. Sess., No. 58, §1; Acts 1976, No. 677, p. 926; Act 2018-525, §1.)
Notes of Decisions
Cited in
33
cases (
2 in the last 5 years), 1983–2025 · leading case:
Ex Parte Quick, 23 So. 3d 67 (Ala. 2009).
Ex Parte Quick, 23 So. 3d 67 (Ala. 2009).
· cites it 34× “We granted certiorari review to consider a material question of first impression for this Court, namely, how § 15-18-5, Ala. Code 1975, must be applied under the facts of this case.”
Fuqua v. State, 910 So. 2d 141 (Ala. Crim. App. 2005).
· cites it 9× “9 note that before the enactment of § 15-18-5, Alabama law "provided that time spent incarcerated by the defendant before conviction did not count as a credit toward the sentence imposed.”
State v. Quick, 23 So. 3d 63 (Ala. Crim. App. 2008).
· cites it 4× “Section 15-18-5, Ala.Code 1975, provides: "Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his actual time spent incarcerated pending trial for such offense.”
Johnson v. State, 89 So. 3d 205 (Ala. Crim. App. 2011).
· cites it 5× ““In other words, ‘the plain language of § 15-18-5 does not permit the trial court to forgo ordering that the actual time spent in jail pending trial be credited against the sentence imposed.”
Burton v. State, 487 So. 2d 951 (Ala. Crim. App. 1985).
· cites it 2× “" In support of this contention, appellant relies upon Code of Alabama 1975, § 15-18-5, as follows: "Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his actual time spent…”
Collier v. State, 64 So. 3d 1045 (Ala. 2010).
· cites it 2× “Code 1975, which provides: “Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his actual time spent incarcerated pending trial for such offense.”
Steven Lyle Lay v. State of Alabama., 82 So. 3d 9 (Ala. Crim. App. 2011).
· cites it 8× “See § 15-18-5, Ala.Code 1975. 2 Lay did not file a direct appeal of his convictions and sentences.”
Pratte v. State, 465 So. 2d 483 (Ala. Crim. App. 1985).
· cites it 2× “III As his final argument, appellant contends that the sentence which he received should contain a provision allowing him credit for time previously served, pursuant to § 15-18-5, Code of Alabama 1975. The state contends that it is the responsibility of the appellant to…”
S.F.R. v. State, 598 So. 2d 1006 (Ala. 1992).
· cites it 6× “The court reasoned that § 15-18-5, Ala.Code 1975, applied only to adult offenders.”
Adcock v. State, 710 So. 2d 938 (Ala. Crim. App. 1998).
· cites it 7× “held that § 15-18-5, Ala.Code 1975, was applicable to “adults only.”
Hardy v. State, 534 So. 2d 328 (Ala. Crim. App. 1988).
“According to Code of Alabama (1975), § 15-18-5, the appellant should be credited for the time he spent in jail pending trial.”
— Ala. Code § 15-18-5(a) — 2 cases
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