Alabama DAs Push to Raise Maximum Murder Bond to $1.5 Million
Montgomery County DA Daryl Bailey has filed a motion to raise the maximum murder bond to $1.5 million, an effort backed by Gulf Coast prosecutors.
A push is underway in Alabama to dramatically raise the top bond a judge can set for a murder suspect, and prosecutors on the Gulf Coast are backing the effort.
Montgomery County District Attorney Daryl Bailey has filed a motion to set the maximum bail for murder at $1.5 million, an attempt to curb what officials describe as a “revolving door” that returns violent defendants to the street while their cases are pending. The motion has cleared the criminal rules committee of the Alabama Supreme Court, but the full court still must review it before any change takes effect.
Mobile County District Attorney Ashley Rich said she and district attorneys across the state support raising the cap. Under Alabama’s current recommended range, bail for murder runs from $15,000 to $150,000, though judges may exceed the guideline because it is only advisory.
Rich said defendants released on murder bonds too often pick up new violent charges while awaiting trial, something she called deeply frustrating given prosecutors’ repeated requests for higher bonds or no bond at all.
She also pointed to Aniah’s Law, a proposed constitutional amendment allowing judges to deny bond in certain serious cases. The measure had already passed the legislature and was headed to statewide voters in November 2022.
No timeline was given for when the Alabama Supreme Court would take up Montgomery County’s motion.
How Alabama’s bail rules change
Alabama’s recommended bail ranges are set out in Rule 7.2 of the Alabama Rules of Criminal Procedure. Those rules are adopted by the Alabama Supreme Court, and proposed changes go through a court committee before the justices decide whether to adopt them.
Voters approved Aniah’s Law on Nov. 8, 2022. Under the amendment and the law that carries it out, prosecutors may seek a pretrial detention hearing for defendants charged with murder or certain other violent felonies, including first-degree kidnapping, rape, robbery and domestic violence. A judge may deny bail if the prosecutor proves by clear and convincing evidence that no conditions of release would reasonably ensure the defendant returns to court or protect the community.
