Alabama § 15-13-107 - Who May or Shall Accept, Take, and Approve Bail and Under What Circumstances.

§ 15-13-107. Who May or Shall Accept, Take, and Approve Bail and Under What Circumstances.

(a) Judges of any court within the state may accept, take, and approve bail within the jurisdiction of their respective courts.

(b) Circuit, district, and municipal court clerks, including magistrates, may accept, take, and approve bail within the jurisdiction of their respective courts.

(c) Only judicial officers and circuit, district, and municipal court clerks or a designee of the court may accept and approve appeal bonds and cash bonds. Provided, however, that any person designated by the court to receive cash bonds, shall be bonded to receive court monies and have the written approval of their chief administrative officer. Clerks of the courts of Alabama may delegate to their employees the right to accept and approve appeal bonds and cash bonds.

(d) Sheriffs of the state and chiefs of police having custody of a defendant may accept, take, and approve property or professional surety bail. The authority may be delegated to their deputies and officers.

(e) The judicial officers and persons in subsections (a), (b), (c), and (d) shall accept and shall release the defendant when bail meets the requirements as set out in Division 10, applying to professional surety. The judicial officers and persons in subsection (c) shall accept, approve, and release the defendant when the bail meets the requirements as set out in Division 9, applying to cash bail. The judicial officers and persons in subsections (a), (b), (c), and (d) may accept, approve, and release the defendant when the officer or person, as designated, is of the opinion the bail meets the requirements as set out in Division 8 of this chapter, applying to property bail.

(f) A sheriff or jailer may accept the filing fee assessed under subsection (a) of Section 12-19-311, if payment has been physically attached to the bail bond form at the time of posting of the bail bond for the release of the defendant. The clerks may accept business checks, cashiers checks, certified checks, money orders, or cash. Any check or money order shall be cashed within 90 days of receipt.