15-11-10
Section 15-11-10 When defendant committed to bail or jail; form of commitment. (a) If upon
a preliminary examination it appears that an offense has been committed and that there is
probable cause to believe that the defendant is guilty thereof, he must be discharged, if
the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if
the offense is not bailable, he must be committed to jail by an order in writing. (b) The
form of commitment may be in substance as follows: "The State of Alabama, _____ County.
To the jailer of _____ County: On the examination of A. B., charged with the offense of murder
(or other offense, as the case may be, describing it by name, or so that it may be clearly
inferred), it appearing that such offense has been committed and that there is sufficient
cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him
into your custody and to detain him until he is legally discharged. Dated this ____ day of...

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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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15-11-11
Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant. Whenever
a person is committed to jail for a bailable offense under the provisions of this chapter,
the court must endorse on the commitment the amount of bail required and sign his name thereto.
The sheriff of the county to which the defendant is committed may discharge him on giving
sufficient bail in the amount so endorsed and must, in such case, return the undertaking to
the court to which such person is bound to appear within five days thereafter. (Code 1852,
§465; Code 1867, §4014; Code 1876, §4684; Code 1886, §4291; Code 1896, §5240; Code 1907,
§7608; Code 1923, §5241; Code 1940, T. 15, §144.)...
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15-9-42
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 crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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15-13-5
Section 15-13-5 Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged
by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no
case be less than $50.00. (b) If an indictment charges a misdemeanor and the defendant is
committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving
bail in the amount required. (Code 1852, §§605, 609; Code 1867, §§4157, 4161; Code 1876,
§§4830, 4832; Code 1886, §§4410, 4430; Code 1896, §§4350, 4353; Code 1907, §§6330,
6333; Code 1923, §§3363, 3366; Code 1940, T. 15, §§188, 191; Acts 1949, No. 199, p. 230.)...

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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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14-6-4
Section 14-6-4 Duty to receive and keep federal prisoners. The sheriff or jailer must, if the
jail of the county is sufficient, receive into his custody any person committed under any
criminal charge or offense against the United States and safely keep such prisoner, according
to the order or process of commitment, until duly discharged by law; and he is liable to the
same penalties for the escape of such prisoner as for the escape of a prisoner committed under
the authority of this state. (Code 1852, §256; Code 1867, §3804; Code 1876, §4504; Code
1886, §4553; Code 1896, §4964; Code 1907, §7209; Code 1923, §4819; Code 1940, T. 45, §136.)...

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