Bail; pretrial hearing for illegal aliens charged with violent offenses, required; presumption of flight risk, established

HB 348 requires that individuals in Alabama who are undocumented (defined as "illegal aliens" under state law) and charged with violent offenses be held in custody without bail until a court conducts a pretrial hearing. At this hearing, the court must deny bail if no amount would reasonably ensure the defendant’s court appearance or protect public safety, and the bill establishes a legal presumption that undocumented immigrants are inherently likely to flee, which courts must give significant weight. The court must consider factors like the crime’s severity, community danger, and the defendant’s background, but the presumption of flight risk based solely on immigration status is a key factor. This law applies to all undocumented individuals charged with violent offenses as defined by Alabama law and takes effect on October 1, 2026.