What is the Bond Release Alabama form?
The Bond Release Alabama form, officially known as the "Bail Bond Fee Transmittal Form" pursuant to Act 2012-535, is a legal document used within the Alabama court system. It records the specifics of a bail bond associated with a defendant’s release from custody. This form encapsulates details such as the case or warrant number, court details (circuit, district, or municipal court and the respective Alabama county or municipality), defendant information, charge, date of incident, type of bond (professional bail/surety, property, cash, judicial public, or signature/personal recognizance), bond amount, and the names of any sureties. Additionally, it includes sections to be completed by law enforcement and the clerk’s office, verifying the payment of a mandatory $35 bail fee or noting any exemptions.
Who needs to complete the Bond Release Alabama form?
This form must be completed by multiple parties involved in the bail process. Initially, law enforcement officials who execute the bond—either the sheriff or chief of police—fill out the pertinent details about the bond and the defendant. Subsequently, the form requires completion by the circuit, district, or municipal clerk’s office, which records the receipt of the bail bond fee or documents the reason for not paying it. It is a coordinated effort between law enforcement and court clerks to ensure accurate and legal processing of bail bonds.
What is the $35 bail fee mentioned in the form?
The $35 bail fee is a mandatory charge that applies to bail bonds in Alabama, introduced under Act 2012-535. It is collected at the time of posting bail and is required for the processing and administrative costs associated with a bail bond. However, there are exceptions to this fee, such as for recognizance/signature bonds, multiple charges stemming from the same incident (where the fee is paid on another charge), or releases due to documented medical reasons. This fee must be paid or its exemption noted on the Bond Release Alabama form, as verified by both law enforcement and the clerk’s office.
Are there exemptions to the mandatory bail fee?
Yes, certain circumstances exempt a defendant from paying the $35 mandatory bail fee. These exemptions include situations where the bond is a recognizance or signature bond, meaning no cash or surety is required for release. Exemptions also apply to cases with multiple charges from the same incident, where the fee is only paid on one of the charges, and cases where the defendant is released for documented medical reasons. It is crucial for law enforcement officials to clearly document these exemptions on the Bail Bond Fee Transmittal Form to ensure accurate record-keeping and compliance with Alabama law.
What happens after the Bond Release Alabama form is completed?
After the form is duly completed by the respective law enforcement agency and the circuit, district, or municipal clerk's office, it serves as an official record of the bail bond, the paid or exempted bail fee, and provides essential details about the defendant’s release conditions. This documentation is then processed and filed within the court system to support the defendant’s release proceedings. It is an essential step in ensuring that all legal requirements are met for the bail process, facilitating communication among law enforcement, court clerks, and the judiciary to uphold the integrity of the criminal justice system in Alabama.