AL Code § 15-22-28 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 22 - Pardons, Paroles, and Probation.|Article 2 - Pardons and Paroles.|Section 15-22-28 - Investigation for Parole; Temporary Leave; Parole Restrictions.

Section 15-22-28Investigation for parole; temporary leave; parole restrictions. (a) It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation of any and all prisoners confined in the jails and prisons of the state, through use of a validated risk and needs assessment as defined in Section 12-25-32, with a view of determining the feasibility of releasing the prisoners on parole and effecting their reclamation. Reinvestigations shall be made from time to time as the board may determine or as the Department of Corrections may request. The investigations shall include such reports and other information as the board may require from the Department of Corrections or any of its officers, agents, or employees. (b) It shall be the duty of the Department of Corrections to cooperate with the Board of Pardons and Paroles for the purpose of carrying out this article. (c) Temporary leave from prison, including Christmas furloughs, may be granted only by the Commissioner of Corrections to a prisoner for good and sufficient reason and may be granted within or without the state; provided, that Christmas furloughs shall not be granted to any prisoner convicted of drug peddling, child molesting or rape, or to any maximum security prisoner. A permanent, written record of all temporary leaves, together with the reasons therefor, shall be kept by the commissioner. He or she shall furnish the Board of Pardons and Paroles with a record of each leave granted and the reasons therefor, and the same shall be placed by the board in the prisoner's file. (d) No prisoner shall be released on parole except by a majority vote of the board. The board shall not parole any prisoner for employment by any official of the State of Alabama, nor shall any parolee be employed by an official of the State of Alabama and be allowed to remain on parole; provided, however, that this provision shall not apply in the case of a parolee whose employer, at the time of the parolee's original employment, was not a state official. (e) The board shall set a prisoner's initial parole consideration date according to the following schedules: (1) For prisoners receiving sentence deductions pursuant to the Alabama Correctional Incentive Time Act, Article 3 of Chapter 9 of Title 14, the following schedule shall apply: a. For terms of five years or less, the prisoner shall be scheduled for initial parole consideration on the current docket. b. For terms over five years and up to 10 years, the prisoner shall be scheduled for initial parole consideration approximately 18 months prior to the minimum release date. c. For terms of more than 10 years and up to 15 years, the prisoner shall be scheduled for initial parole consideration approximately two years and six months prior to the minimum release date. (2) For prisoners convicted on or after March 21, 2001, of one or more of the following Class A felonies, the initial parole consideration date shall be set for a date once a prisoner has completed 85 percent of his or her total sentence or 15 years, whichever is less. a. Rape in the first degree. b. Kidnapping in the first degree. c. Murder. d. Attempted murder. e. Sodomy in the first degree. f. Sexual torture. g. Robbery in the first degree with serious physical injury as defined in Section 13A-1-2. h. Burglary in the first degree with serious physical injury as defined in Section 13A-1-2. i. Arson in the first degree with serious physical injury as defined in Section 13A-1-2. (3) For all other prisoners, the initial parole consideration date shall be set for a date following completion of one-third of the prisoner's sentence or 10 years, whichever is less. (4) If the prisoner is serving consecutive sentences, the initial parole consideration date may not be set for a date before the prisoner has separately served the time prescribed in this subsection for each consecutive sentence imposed. (f)(1) The board may deviate from the initial parole consideration date established in subsection (e) or any reconsideration date prescribed by the board's rules only in either of the following circumstances: a. To comply with the policy and procedural guidelines in effect on or before January 1, 2019, issued by the board under Section 15-22-24(e). b. If the prisoner shows, by clear and convincing evidence, that he or she is more likely than not to be granted parole and that he or she would have been considered for parole on an earlier date under generally applicable rules or policies previously in effect. (2) Any decision by the board to invoke the procedures of this subsection shall be subject to legal review by the deputy Attorney General or assistant Attorney General assigned to the board, prior to the issuance of a parole certificate and the prisoner's release. If it is determined that the grant of parole consideration failed to satisfy the requirements of this subsection or any rule adopted pursuant to this subsection, the decision shall be reversed and the prisoner shall be notified by the board. (3) For purposes of paragraph (f)(1)b., the board shall adopt rules to determine whether a prisoner is more likely than not to be granted parole. These rules shall be designed to minimize the risk a prisoner will be prejudiced by any statutory or administrative changes in parole standards or procedures that have occurred since the date of the prisoner's conviction and shall include, but are not limited to the following: a. A requirement that the prisoner has completed a minimum total period of incarceration. b. A requirement that the prisoner complete certain programs while in custody of the Department of Corrections. c. A requirement that the prisoner provide a statement of support from a Department of Corrections staff member. d. A requirement that the prisoner have no violent disciplinaries during a prescribed period preceding the prisoner's current application for parole consideration. e. A requirement that the prisoner have no disciplinaries of any kind within a prescribed period preceding the prisoner's current application for parole consideration. f. A requirement that the prisoner's risk of re-offense is determined to be medium or low following the completion of a validated risk and needs assessment conducted by a trained probation and parole officer. (4) A 30 days' written notice shall be provided to the Governor and Attorney General for any parole consideration date set by the board under subdivision (f)(1). The Governor and Attorney General shall have 14 days from the time notice is received to object to the grant of parole. If the board grants parole consideration under subdivision (f)(1) and did not give adequate notice to the Governor or Attorney General or granted parole consideration despite an objection from the Governor or Attorney General, the decision shall be reversed and the prisoner shall be notified by the board. (Acts 1939, No. 275, p. 426; Code 1940, T. 42, §8; Acts 1951, No. 599, p. 1030; Acts 1971, 3rd Ex. Sess., No. 308, p. 4597; Act 2015-185, p. 476, §3; Act 2019-393, §1.)