The sheriff has the legal custody and charge of the jail in his county and all prisoners committed thereto, except in cases otherwise provided by law, and may appoint a jailer for whose acts he is civilly responsible.

(a) When it becomes necessary to remove any prisoner from the jail of one county to another, in any case by law provided, the sheriff, or other officer having charge of such prisoner, has authority, and it is his duty, to summon such guards as may be necessary to prevent an escape.

(b) When prisoners are removed from the jail under the provisions of either Section 14-6-8 or 14-6-9, the sheriff or jailer has authority, and it is his duty, to summon such guards as may be necessary to insure their safekeeping.

The judge of probate of each county in this state shall furnish to the Board of Corrections a copy of each grand jury report of their respective counties as soon as such report shall have been published.

The county commission or the city council or other governing board or body shall notify the Board of Corrections in writing at least 15 days beforehand of any contemplated action by them with reference to the building of a new jail, prison or almshouse or of any additions, alterations or improvements thereto, when the cost is to exceed $200.00, and the plans and specifications of all such contemplated work shall be submitted to the board for approval.

Whenever, in the judgment of the Board of Corrections there is a necessity, it may order the judge of probate of any county to call a special session of the county commission, and their action at such special session upon the subject matter for which such special session is called shall be legal.

Each county jail or town or city prison must be of sufficient size and strength to contain and keep securely the prisoners confined therein and must contain separate apartments for men and for women. It shall be fireproof, properly ventilated, sufficiently lighted by day and night, adequately heated and contain adequate sanitary plumbing and sewerage connections.

The expense incident to the construction, maintenance, sanitation, healthfulness and hygiene of each county jail and prison in this state shall be paid out of the funds of the county in which such institution is located and of the town or city if the institution is a town or city institution.

Prisoners shall not be confined in any jail or prison in this state when such jail or prison is not provided with a deputy, watchman or attendant, whose duty it shall be to watch the jail or prison at night for the prevention of escapes and fire and to aid in case of sickness among the prisoners, and who shall have access to the jail or prison and to the prisoners. If the Board of Corrections is satisfied, after inspection, that the construction and management of a jail is such as to render a night watchman unnecessary, it may by written order to the sheriff suspend the appointment of said watchman, such order to be subject to revocation at the discretion of the board. The sheriff, in case of a county jail, or the proper governing authority, in case of a municipal jail, shall appoint, direct and control said deputy, watchman or guard, and the county commission or the proper municipal governing authority, as the case may be, shall fix a reasonable salary and the same shall be paid out of the funds of the county or of the municipality if it is a town or city jail in which the jail is located.

Upon the written order of the Governor, the Board of Corrections shall cause to be inspected the insane asylums of the state, by whatsoever name they may be known, state, county and municipal convict camps, the penitentiary, prisons or jails of cities or towns under 10,000 population and any and all state institutions of whatsoever kind and nature, and shall visit any and all places designated by the Governor.

The same powers and authority are conferred upon the Board of Corrections with reference to such inspections as are or may be conferred upon it by law with respect to county jails, and its orders following such inspections shall be final and obeyed by those in authority at such institutions, subject only to modification or revocation by the Governor.

The Governor may direct the Board of Corrections to cause to be visited any place or places outside the state, whenever, in the opinion of the Governor, it is necessary, in order that the interests of the state may be safeguarded, furthered or enhanced.

Any member of the county commission, sheriff or other keeper of any jail or almshouse or the mayor, chief of police or marshal or member of a city council or other governing board or body who violates any of the provisions of this article for which no specific penalty is provided shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $100.00 or imprisoned in the county jail for 30 days or both.

When the county jail is insecure or insufficient and there is reason to apprehend an escape, the sheriff has authority, and it is his duty, to summon as many guards as may be necessary to prevent an escape.

When a convict is sentenced to confinement in the county jail on two or more convictions, the imprisonment on the second, and on each subsequent conviction, must commence at the termination of the imprisonment on the preceding sentence.

Men and women prisoners, except husband and wife, must not be kept in the same room or apartment.

It is the duty of the sheriff, on the first day of each session of the circuit court of his county, to make out and deliver to the presiding judge a certified list of the names of all the prisoners confined in the jail and of the offenses with which they are charged or of which they have been convicted; and, on failure to do so, the sheriff is guilty of a misdemeanor.

When a prisoner is committed to the county jail, it is the duty of the sheriff of such county, in person or by deputy, to report in writing to the clerk of the circuit court of such county, within 10 days next succeeding the commitment, the name of such prisoner, the day of his entering such jail and by what authority and upon what charge committed; and when a prisoner is discharged from, or otherwise leaves such jail, the sheriff shall report to such clerk, within two days next succeeding, the name of such prisoner and by what authority and when he so left or was discharged.

It is the duty of the sheriff or of the jailer under his direction to file in regular order and safely preserve the process or order by which any prisoner is committed to jail or discharged therefrom or an attested copy of such process or order.

Any person committed to jail may furnish his own support, under such precautions as may be adopted by the jailer to prevent escapes. The sheriff must furnish support to those prisoners who do not provide it for themselves.

No person confined in jail must, on any pretext whatever, be furnished with or allowed to receive any spirituous, malt or vinous liquors except on the written order of a physician, stating that such liquor is necessary for his health. Any jailer, sheriff, deputy or other person who violates this section shall be guilty of a misdemeanor.

Necessary clothing and bedding must be furnished by the sheriff or jailer, at the expense of the county, to those prisoners who are unable to provide them for themselves, and also necessary medicines and medical attention to those who are sick or injured, when they are unable to provide them for themselves.

On the death, resignation, removal from office or expiration of term of office of any sheriff, or of any coroner acting as sheriff, the jail must be delivered over to his successor or to the person authorized by law to take charge of it, together with the prisoners therein, the files of commitments and discharges and everything belonging or appertaining to the jail.

(a) The county commission in each county in this state may elect a physician, or as many physicians as in its discretion may be necessary, to attend the inmates of the jails in such counties and county convict camps.

(b) The county commission shall fix and determine the term or terms of such physician or physicians, which term or terms of office shall not be for a longer period than two years, and such physicians may be removed at the will of the county commission. The county commission shall fix and determine the amount of compensation which shall be paid to such physician or physicians and shall determine what duties such physician shall perform.

Whoever, being a sheriff, jailer or other person having the care and custody of any jail, workhouse, prison or other lawful place of confinement, suffers the same to become foul or unclean shall, on conviction, be fined not less than $10.00 nor more than $100.00.

(a)(1) A court shall require a convicted defendant in a misdemeanor case to pay housing, maintenance and medical costs associated with the defendant's incarceration in a county or city jail except as otherwise provided herein. Such costs shall not exceed $20.00 per day that the defendant has been incarcerated plus actual medical expenses incurred on behalf of the defendant. Such costs shall be taxed as costs of court and shall be in addition to any and all other costs of court.

(2) At the time of sentencing such defendant may petition the court for remission of the payment of these costs or of any portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in such costs.

(3) In determining the amount and method of payment of these costs, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the costs will impose. A defendant who has been ordered to pay the housing, maintenance and medical costs and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for remission of the payment of these costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in such costs or modify the method of payment.

(b)(1) When a defendant is ordered to pay housing, maintenance and medical costs, the court may grant permission for payment to be made in a specified period of time or in specified installments. If permission is not included in the order these costs shall be payable forthwith.

(2) When a defendant ordered to pay housing, maintenance and medical costs is also placed on probation or imposition or execution of sentence is suspended the court may make payment of the costs a condition of probation or suspension of sentence.

(c) A default in the payment of the housing, maintenance and medical costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment.

(d) Moneys collected for the housing, maintenance and medical costs of a convicted defendant in a misdemeanor case shall be collected by the clerk of the sentencing court and shall be payable to the county or city in whose jail the defendant was incarcerated.

In addition to convicts sentenced to imprisonment in the county jail, the jail is used as a prison for the safekeeping or confinement of the following persons:

(1) Persons committed for trial for public offenses;

(2) Convicts sentenced to imprisonment in the penitentiary, until their removal thereto;

(3) Persons committed for contempt or on civil process;

(4) Persons committed on failure to give security for their appearance as witnesses in any criminal case;

(5) Persons charged with, or convicted of, a criminal offense against the United States;

(6) Insane persons, pending transfer to a mental hospital or other disposition; and

(7) All other persons committed thereto by authority of law.

The sheriff or jailer must, if the jail of the county is sufficient, receive into his custody any person committed under any criminal charge or offense against the United States and safely keep such prisoner, according to the order or process of commitment, until duly discharged by law; and he is liable to the same penalties for the escape of such prisoner as for the escape of a prisoner committed under the authority of this state.

The sheriff of the county, except as otherwise provided by existing laws, in person or by his deputy or jailer, shall feed the prisoners in the jail under his jurisdiction in accordance with the terms of this article.

(a) It shall be the duty of the Board of Corrections to supervise, either in person or by deputy, the feeding of all prisoners in the jails of this state. The sheriffs shall not be required to prepare and make out what is commonly known as the daily ration sheet or expense account, which means a daily record of foods served to prisoners.

(b) The county commission of each county shall supervise the feeding of all prisoners in the county jails over which it has jurisdiction.

Food for prisoners in the county jail shall be paid for by the state as follows: There shall be allowed such amount as is actually necessary for food for each prisoner daily, and said amount so allowed shall be $1.75 per capita. In addition to the above amount, there is hereby conditionally appropriated from the General Fund an amount of $1.25 per capita.

(a) The sheriffs of the several counties of the state shall receive pay for services in preparing food, serving food and other services incident to the feeding of prisoners, not including the cost of food to be served to such prisoners, as follows:

(1) For one prisoner, $1.00 per prisoner per day;

(2) For each prisoner, from two to five prisoners, $.50 per prisoner per day;

(3) For each prisoner, from six to 10 prisoners, $.40 per prisoner per day;

(4) For each prisoner, from 11 to 20 prisoners, $.30 per prisoner per day; and

(5) For each prisoner, from 21 to 85 prisoners, $.05 per prisoner per day.

(b) In all counties where there are two or more jails, the report of prisoners in said jails shall be made upon the number of prisoners confined, but the sheriff shall be only paid as if all of said prisoners were confined in one jail.

All records shall be kept and statements made on forms prescribed and furnished by the Department of Finance.

Any sheriff who fails to enter into a book, to be kept by him for that purpose, any account paid him by the state for feeding prisoners, or to keep such book in his office as one of the public records thereof, or to lay the same before the grand jury at each term of the circuit court held in his county or, upon the expiration of his term of office, to turn the same over to his successor as required by law is guilty of a misdemeanor.

Any jailer or other officer who willfully refuses to receive into his custody any person lawfully committed thereto on any criminal charge or conviction must, on conviction, be fined not more than $500.00.

Any member of a county commission, sheriff or deputy who violates any of the provisions of this article for which no specific penalty is provided shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $100.00.

In all criminal cases, either before or after conviction, and in cases of contempt, if it is shown to the court, judge or committing magistrate that the jail of the proper county is insecure or insufficient for the safekeeping of the prisoner or that there is no jail in the county, the commitment must be to the nearest sufficient jail and the reason of such change must be entered on the minutes of the court, or stated in the warrant or endorsed thereon and signed by the magistrate. The jailer of the county to which the commitment is made must receive and confine the prisoner on such commitment or a certified copy of such order.

Whenever, in the opinion of the Board of Corrections, it shall be necessary for the proper care and preservation of the health of any prisoner or prisoners confined in any of the jails of this state who are affected with tuberculosis that such prisoner or prisoners should be removed from such jail or if there is danger of the spread of tuberculosis to the other inmates of the jail by reason of the confinement in the jail of the person or persons affected therewith, the board shall order the sheriff of the county to remove such prisoner, or prisoners, to the state tuberculosis hospital. The warden in charge of the state tuberculosis hospital shall receive such prisoner or prisoners and safely keep and care for them as other patients confined in said state tuberculosis hospital are confined and cared for.

The provisions of this article shall also apply to persons confined in any jail of this state who have been convicted of crime, but confined in said jail under suspended sentence awaiting a determination of an appeal to the Supreme Court or the Court of Criminal Appeals.

All expenses incident to the removal of such prisoner, or prisoners, from the county in which they are confined to said state tuberculosis hospital and their return to said county for trial shall be borne by the county.

If the jail of any county is destroyed, or becomes insufficient or unsafe, or any epidemic dangerous to life is prevalent in the vicinity or there be danger of rescue or lawless violence to any prisoner, any circuit court judge may, on the application of the sheriff and proof of the fact, direct the removal of any prisoner or prisoners to the nearest sufficient jail in any other county; and it is the duty of such judge, in such case, to make an endorsement on the order or process of commitment, stating the reason why such removal is ordered, and to date and sign such endorsement.

When the county jail or any building contiguous thereto is on fire and there is reason to apprehend that the prisoners may be thereby injured or endangered, the sheriff or jailer may remove them to a safe and convenient place and confine them there so long as may be necessary to avoid the danger.

The only town or city prisons embraced within the provisions of this article are such as are in towns or cities of 10,000 or more population, according to the most recent federal census.

The Board of Corrections shall cause to be inspected at least twice each year, if practicable, and as often as it may deem necessary, every county jail, almshouse and every municipal jail or prison in any incorporated town or city in this state having 10,000 or more population, according to the most recent federal census, and shall aid in securing the just, humane and economic management of all such institutions, shall require the erection of sanitary buildings for the accommodation of the inmates of such institutions and shall investigate the management of all such institutions and the conduct and efficiency of the officers or persons charged with their management. It shall require that the buildings and grounds of such institutions be kept in the best sanitary condition, make a detailed report to the Governor after each visit of the number of inmates in each such jail, prison and almshouse, their condition as to health, the condition in which the buildings are kept, the arrangement for the sanitation of buildings and grounds, the cost of the management of such institutions and of keeping the inmates and whether the money appropriated for such purposes is properly expended therefor, and it shall at the same time give a copy of its report to the county commission, city council, or other board or body having control over the jail, prison or almshouse dealt with in such report, together with such recommendations for the betterment of the conditions thereof as it may deem necessary.

The Board of Corrections may order in writing the county commission or city councils or any other board or governing body having the control of any jail, prison or almshouse to put such jail, prison or almshouse and the grounds around the same in a proper sanitary condition and to make such repairs, alterations and additions as it may deem necessary, and may order the erection, if necessary, of new buildings, and the county commission, city council or other governing body or board receiving such orders shall comply therewith and shall provide for the payment of the expenses of a compliance therewith out of the funds of the county if the institution be a county institution and out of the funds of the town or city if the institution be a town or city institution. If additions or new buildings are ordered, the county commission or municipal body or board may appeal to the Governor, who shall have final power to control in the matter.

The Board of Corrections, subject to appeal to the Governor, may condemn jails, prisons and almshouses and may prohibit the further use of the same for the confinement of prisoners or inmates when, in its opinion, the unsanitary or insecure conditions warrant it.

For the purpose of ascertaining the condition of such institutions and their inmates and in making the reports required to be made under this article and its recommendations for the improvement of the condition of the institutions, the Board of Corrections may call upon the sheriff or other keeper of the jails or county commission, or the city council or other governing board or body and all persons charged with the management of the almshouses for information upon all such matters as it is required to investigate and report upon, and may also summon any witness or witnesses and may administer oath to them and examine them touching all such matters.

Any sheriff or other keeper of jails or prisons, or members of the county commission or city council or keeper or manager of any almshouse, who shall willfully refuse or fail to give the Board of Corrections the information called for by it and such officer or other person who, when summoned to testify, as prescribed in Section 14-6-84, shall willfully refuse or fail to attend and testify, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $25.00 nor more than $100.00.

The Board of Corrections may formulate and promulgate such rules and regulations as it may deem necessary with reference to hygiene, sanitation, cleanliness, healthfulness, feeding of prisoners, management and security of all jails, including town and city prisons, and almshouses.

Whenever the Board of Corrections shall make written report to the county commission or the city council or other governing board or body that certain conditions in the jail, prison or almshouse should be remedied or that certain improvements, additions or alterations should be made, they shall have the matter attended to within such reasonable time as may be designated by the board and shall make written report to the board that such orders have been carried out.

In the event such instructions prescribed in Section 14-6-87 are not carried out, and in the event the unsanitary or insecure conditions or overcrowding of prisoners, in the opinion of the Board of Corrections, warrant it and in the event the sheriff or other keeper of any jail or prison fails to or cannot comply with the law regulating the separation of male and female prisoners, the board may order any or all persons confined in such jail, prison or almshouse immediately transferred to the jail, prison or almshouse of some other county, to be designated. In the event of the condemnation of any jail under this section in which are confined more than 100 prisoners, the board may designate the Alabama State Penitentiary as the most suitable place for removal of said prisoners and such removal shall be made by the sheriff of the county from which they are ordered to be removed, and the expense of the removal of the prisoners and the poor and the maintenance of the removed prisoners and paupers is to be borne by the county, town or city from which said prisoners or paupers are removed, except the feeding of state and county prisoners.

Upon the restoration of any jail, prison or almshouse to a proper sanitary or safe condition, the Board of Corrections shall be notified in writing by the presiding officer of the county commission or city council or other governing board or body, whereupon the board shall issue a written order for the return of said prisoners or paupers, and they shall be returned at the expense of the county or city or town, from which they were originally removed.

When the life or health of any prisoner, who is not confined under process from any court of the United States, may be seriously endangered by longer confinement in jail and that fact is made to appear clearly to any circuit court judge, such judge must, by an order in writing, direct the sheriff or jailer to remove him to some suitable place or hospital, as near as may be to the jail, and there safely keep him until his health is sufficiently restored to authorize his recommitment to jail.

If any sheriff or member of a county commission or chief of police, marshal or member of a city council or other governing board or body willfully fail or refuse without good excuse, to obey such orders provided for in Sections 14-6-87 through 14-6-89, such person or persons shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00.

The county commission or city council or other governing board or body shall cause the reports and recommendations of the Board of Corrections upon the jail, prison and almshouse in their respective counties, towns or cities to be published not later than 30 days after receipt of a copy of such reports and recommendations in some newspaper published in said county and shall send a copy of such newspaper to the board, and the probate judge shall lay such reports and recommendations before the grand jury of such county at the next meeting of such grand jury after receipt of a copy of such reports and recommendations. The cost of the publication of such reports and recommendations shall be paid out of the funds of the county in which is located the institution dealt with in such reports if the institution is a county institution and out of the funds of the town or city if the institution is a town or city institution, upon the order of the county commission or the city council or other governing board or body, of such counties, towns or cities.

The county commission, city council or other governing board or body of each county, city or town, during the first week of April and October of each year shall thoroughly fumigate and cleanse the jails of their respective counties, cities or towns, after which they shall be painted inside, including all cells and metal work, with two coats of white paint, unless otherwise specified by the Board of Corrections, said paint to be made of white lead and oil, and the judge of probate or the presiding officer of the board or governing body shall notify the board immediately after compliance with this section.

The county commission or city council shall provide adequate janitor service for and shall enforce cleanliness in their respective jails, shall provide bathing facilities separate for males and females, soap and towels, hot and cold water, clean and sufficient bedding and clean clothes when the prisoners are not able to provide them.

The sheriff, chief of police, town marshal or other keepers of jails or prisons shall enforce cleanliness among the prisoners, and shall compel them to bathe their persons when entering jail and at least once each week while confined therein.

The sheriff, chief of police, town marshal or other keepers of jails or prisons or the keeper or manager of the almshouse shall keep their respective jails, prisons and almshouses in a clean and sanitary condition, shall use every means and effort to prevent spitting on the floors and the walls of the jails, prisons and almshouses and shall exercise every precaution to prevent the spread of disease among the inmates.

Any apartment of any jail, prison or almshouse in which any person affected with any infectious, contagious or communicable disease shall have been confined shall be fumigated immediately upon the removal of such person, the fumigation to be done under the direction of the sheriff, chief of police or town marshal or the keeper or manager of the almshouse, in their respective places, and the expense thereof to be paid out of the funds of the county if the institution be a county institution and of the town or city if the institution be a town or city institution.

The sheriff, the chief of police or town marshal or the keeper or manager of the almshouse shall see that the food for the inmates of the jail, prison and almshouse, respectively, is nutritious, clean, wholesome and of sufficient quantity and variety and shall have all kitchens where food is prepared for the inmates adequately screened against flies.

The sheriff of each county in this state and the chief of police or town marshal shall mail to the Board of Corrections, not later than the tenth day of each month, a full and complete statement for the previous month of the number of prisoners in jail or in the town or city prison, designating them by race and sex, stating their physical condition as to health, the number of times and dates the jail or prison has been visited by the county health officer and by the city health officer and such other detailed information as may be required by the board. For this purpose necessary blanks shall be furnished by the board.

In the event the Board of Corrections needs the service of a coroner and there is not a coroner in the county, the judge of probate shall appoint a special coroner at the request of the board.