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SB 118

Bail; list of offenses ineligible for bail expanded; constitutional amendment

2025 Regular Session

Alabama expands constitutional list of offenses making defendants ineligible for bail, increasing pretrial detention for more crime categories.

Third Reading in Second House
#constitutionalamendmentsstatewide
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Bill Summary · SB 118

Legislative bill overview

SB 118 expands Alabama's list of offenses that make defendants ineligible for bail by amending the state constitution. The bill requires a constitutional amendment that presumably adds additional crime categories to those already prohibited from bail eligibility, making it harder for certain defendants to be released before trial.

Why is this important

Bail eligibility directly affects whether arrested individuals can remain free during pretrial proceedings. Expanding ineligible offenses means more people will be detained in jail awaiting trial, affecting court timelines, jail capacity, and individuals' ability to work or care for families while presumed innocent. This also has disparate impacts on lower-income defendants who cannot afford to post bail.

Potential points of contention

  • Due process concerns: Expanding pretrial detention may conflict with principles of presumption of innocence and could disproportionately harm lower-income defendants unable to post bail
  • Jail capacity and costs: Increased pretrial detention strains local jail systems and increases government spending on incarceration before conviction
  • Which offenses qualify: The bill's specific language determining which crimes become bail-ineligible is critical but requires examining the actual amendment text; overly broad definitions could catch non-violent or lower-severity offenses

Compiled from official sources — confirm details with the bill’s official record.

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