reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 1 - General Provisions. › Section 15-22-2 - Supervision Fee; Probationer's Upkeep Fund; Exclusion From Taxable Income; Compliance With Rules and Regulations.

Section 15-22-2
Supervision fee; Probationer's Upkeep Fund; exclusion from taxable income; compliance with rules and regulations.
(a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction and who is subject to supervision by the Board of Pardons and Paroles and who has an income shall be required to contribute forty dollars ($40) per month toward the cost of his or her supervision and rehabilitation beginning 30 days from the date he or she has an income. The sum shall be deducted by the parolee or probationer from his or her monthly income and delivered to the Board of Pardons and Paroles each month for deposit in the General Fund of the State Treasury. By prior agreement between an employer and employee, an employer may deduct forty dollars ($40) from the monthly net earned income of the parolee or probationer and remit the amount to the Board of Pardons and Paroles each month. The responsibility of assuring the contribution shall remain that of the parolee or probationer. Exemptions from payments required by this section may be granted for undue hardship on a case by case basis by the sentencing court in probation and the Board of Pardons and Paroles in parole cases.
(2) In the event of over two months' arrearage or delinquency in making a contribution, the arrearage or delinquency shall constitute sufficient ground for revocation of the parole or probation of the person in arrears.
(3) There is established a Probationer's Upkeep Fund. All moneys received pursuant to this section since August 24, 1976, shall be transferred by the State Treasury into the fund for the credit and use of the Board of Pardons and Paroles and all sums collected pursuant thereto after May 5, 1977, shall be deposited into the Treasury to the credit of the fund. All funds shall be withdrawn or expended only for the purposes stated in this section. The funds are hereby appropriated to the Board of Pardons and Paroles for the purposes stated in this section.
(b) The amount of contribution of each parolee and probationer of his or her monthly net earned income shall be excluded from the taxable income of the person for the purpose of determining the state income tax liability of the person.
(c) A parolee or probationer authorized to work at paid employment in the community under this section shall comply with all rules and regulations promulgated by the Board of Pardons and Paroles.
(Acts 1976, No. 638, p. 887, §§1, 2, 3; Acts 1977, No. 414, p. 554, §1; Acts 1980, No. 80-465, p. 727, §1; Acts 1986, Ex. Sess., No. 86-704, p. 113, §1; Act 98-367, p. 667, §1; Act 2012-522, p. 1547, §1; Act 2015-192, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-21 - Board of Pardons and Paroles - Appointment and Duties of Director.

Section 15-22-21
Board of Pardons and Paroles - Appointment and duties of director.
(a) The Governor shall appoint a Director of Pardons and Paroles, who shall serve at the pleasure of the Governor.
(b) The Director of Pardons and Paroles shall serve as the chief executive officer of the Board of Pardons and Paroles and be vested with all power necessary to perform the duties assigned to the board by law except the board's power to adopt rules, guidelines, or other policies and to make individual determinations concerning the grant or denial of pardons, the grant or denial of paroles, the restorations of political and civil rights, the remission of fines and forfeitures, and the revocation of parole. As chief executive officer, the director shall be responsible for all of the following:
(1) Appointing and supervising, subject to the provisions of the Merit System, employees necessary to carry out the duties of the board.
(2) Performing, on behalf of the board, all fiscal and budgetary requirements imposed on the board by law.
(3) Developing and implementing, on behalf of the board, all policies and procedures for the effective supervision of parolees released to supervision by the board as well as those individuals granted probation by the sentencing court.
(4) Attending all meetings of the board, in person or by designee, to act as the board's secretary, and to maintain a record of the board's official actions.
(5) Preparing and recommending rules for consideration by the board as the director shall deem necessary for the effective and efficient performance of the board's duties.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §2; Acts 1951, No. 599, p. 1030; Act 2019-393, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-21.1 - Board of Pardons and Paroles - Deputy Director for Parolee Rehabilitation.

Section 15-22-21.1
Board of Pardons and Paroles - Deputy Director for Parolee Rehabilitation.
One executive-level employee at the Department of Pardons and Paroles, or its successor agency, shall be known as the Deputy Director for Parolee Rehabilitation. The Deputy Director for Parolee Rehabilitation shall be responsible for the development, implementation, and improvement of programs designed to reduce recidivism.
(Act 2021-478, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-22 - Board of Pardons and Paroles - Furnishing of Offices and Supplies, Etc.

Section 15-22-22
Board of Pardons and Paroles - Furnishing of offices and supplies, etc.
The necessary office quarters, supplies, stationery and equipment shall be provided for the Board of Pardons and Paroles in the manner that the same are furnished to other departments, boards, commissions, bureaus and offices of the state.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §3; Acts 1951, No. 599, p. 1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-25 - Investigation and Report on Sentenced Prisoner's Social and Criminal Records.

Section 15-22-25
Investigation and report on sentenced prisoner's social and criminal records.
(a) As to each prisoner sentenced and received in the jails and prisons of the State of Alabama, it shall be the duty of the Board of Pardons and Paroles, while the case is still recent, to cause to be obtained and filed information as complete as may be obtainable at that time with regard to each such prisoner. Such information shall include a complete statement of the crime for which he is then sentenced, the circumstances of such crime, the nature of his sentence, the court in which he was sentenced, the name of the judge and district attorney and copies of such probation reports as may have been made as well as reports as to the prisoner's social, physical, mental and psychiatric condition and history. It shall be the duty of the clerk of the court and of all probation officers and other appropriate officials to send such information as may be in their possession or under their control to the board upon request. The board shall also at that time obtain and file a copy of the complete criminal record of such prisoner that may exist. When all such existing available records have been assembled, they shall be presented to the board or to some officer designated by it, who shall determine whether any further investigation of such prisoner is necessary at that time and, if so, the nature of such investigation, and the board shall thereupon order it to be made. Such investigation shall be made while the case is still recent, and the results of it with all other information shall be filed in the office of the board so as to be readily available when the parole of such prisoner is being considered.
(b) The board shall not act on any application or case until a complete investigation of the prisoner's social and criminal record has been made by a parole officer and a written report thereof made a part of the prisoner's file.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §6; Acts 1951, No. 599, §1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-26 - Standards for Release of Prisoners on Parole.

Section 15-22-26
Standards for release of prisoners on parole.
(a) No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the Board of Pardons and Paroles is of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner's fitness for parole and to ensure public safety. The guidelines shall serve as an aid in the parole process and shall promote the use of prison space for the most violent and greatest risk offenders, while recognizing that the board's paramount duty is to protect public safety. The guidelines shall be structured, actuarially based, reviewed every three years by the board, after a specified open comment period determined by the board, and posted on the website of the board and include, but not be limited to, the following:
(1) The prisoner's risk to reoffend, based upon a validated risk and needs assessment as defined in Section 12-25-32.
(2) Progress by the prisoner and the Department of Corrections to plan for reentry.
(3) Input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities.
(4) Participation in risk-reduction programs while incarcerated.
(5) Institutional behavior of the prisoner while incarcerated.
(6) Severity of the underlying offense for which the prisoner was sentenced to incarceration.
(b) Except as provided in Section 15-22-37, if the board grants a prisoner parole, the prisoner shall be released from prison upon the terms and conditions set by the board, and while released on parole, shall remain in the legal custody of the warden of the prison from which he or she is paroled until the expiration of the maximum term specified in his or her sentence or until he or she is fully pardoned.
(c) The board shall clearly articulate its reasons for approval or denial of parole for each prisoner, based on its established guidelines, and shall provide the reasons for approval or denial to the prisoner, the victim, the Department of Corrections, or any other interested party upon written request submitted to the board. The use of established guidelines for parole consideration shall not create a right or expectation by a prisoner to parole release. Additionally, the articulated reasons for denial of parole release shall not create a right or expectation for parole release. The guidelines shall serve as an aid in the parole decisionmaking process, and the decision concerning parole release shall be at the complete discretion of the board.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §7; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2019-393, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-26.1 - Hearing Officers.

Section 15-22-26.1
Hearing officers.
(a) The position of Board of Pardons and Paroles Administrative Hearing Officer is created and established, subject to provisions of the state Merit System.
(b) The board may appoint or employ, as the board deems necessary, three administrative hearing officers who shall possess the powers and duties prescribed below in subsection (c). The first three appointments shall be provisional appointments made by the board pending job analysis and compilation of the examination for the state Merit System classification.
(c) Administrative hearing officers shall have the following powers and duties, subject to guidelines established by the board:
(1) No later than 12 months prior to the date an inmate is eligible for parole, as determined by the board, the administrative hearing officer shall investigate and review the inmate's preparedness for release to parole supervision by the board. Such investigation and review shall consider all factors deemed relevant to determine preparedness for release to parole as determined by the board's guidelines.
(2) No later than 30 days prior to the date an inmate is eligible for parole, as determined by the board, the administrative hearing officer shall interview the inmate to provide the opportunity for the inmate to present his or her case for parole consideration to the board. Such interview may be conducted via video-conference, subject to guidelines and rules established by the board.
(d) The board may adopt guidelines, policies, and procedures necessary for the implementation of this section.
(Act 2015-185, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-26.2 - Mandatory Supervision Period on Certain Sentences.

Section 15-22-26.2
Mandatory supervision period on certain sentences.
THIS SECTION WAS AMENDED BY ACT 2021-549 IN THE 2021 1ST SPECIAL SESSION, EFFECTIVE JANUARY 31, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under the provisions of Chapter 22 of Title 15:
(1) If the defendant is sentenced to a period of five years or less, he or she shall be released to supervision by the Board of Pardons and Paroles no less than three months and no more than five months prior to the defendant's release date;
(2) If the defendant is sentenced to a period of more than five years but less than 10 years, he or she shall be released to supervision by the Board of Pardons and Paroles no less than six months and no more than nine months prior to the defendant's release date; or
(3) If the defendant is sentenced to a period of 10 years or more, he or she shall be released to supervision by the Board of Pardons and Paroles no less than 12 months and no more than 24 months prior to the defendant's release date.
(b) The provisions of this section shall not apply to a defendant convicted of any sex offense involving a child, as defined in Section 15-20A-4.
(c) Prior to the defendant's release to supervision pursuant to this section, notice of such release shall be provided to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 and under the provisions of Section 15-22-36.
(d) Release of an offender to supervision pursuant to this section shall be release to an intensive program under the supervision of the Board of Pardons and Paroles.
(Act 2015-185, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-27 - Pardon or Parole of Person Having Death Sentence Commuted to Life Imprisonment.

Section 15-22-27
Pardon or parole of person having death sentence commuted to life imprisonment.
(a) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a pardon unless sufficient evidence is presented to the Board of Pardons and Paroles to satisfy it that the person was innocent of the crime for which he or she was convicted, the board votes unanimously to grant the person a pardon, and the Governor concurs in and approves the granting of the pardon.
(b) Any person whose sentence to death has been commuted by the Governor shall not be eligible for a parole.
(c) This section shall not be construed to deny any person whose sentence of death has been commuted the right to apply to the courts of this state for any remedy that the person is entitled to under the laws of Alabama.
(d) The Board of Pardons and Paroles shall not grant a parole or pardon to a person whose sentence of death has been commuted by the Governor unless the provisions of subsection (a) are applicable.
(Acts 1951, No. 804, p. 1401, §§1, 2; Act 2003-300, p. 717, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-27.1 - Parole of Persons Convicted of Certain Felonies or Attempts and Having Been Previously Convicted of Felonies or Attempts Resulting in Serious Physical Injury.

Section 15-22-27.1
Parole of persons convicted of certain felonies or attempts and having been previously convicted of felonies or attempts resulting in serious physical injury.
Any person convicted of any act, or attempt to commit the act, of murder, rape, robbery or assault with a deadly weapon, the commission of which directly and proximately resulted in serious physical injury to another and the commission of which follows within five years a previous conviction of another felony, or attempt thereof, resulting in serious physical injury to another, shall upon conviction serve such sentence as may be imposed without benefit of parole, notwithstanding any law to the contrary.
(Acts 1977, No. 639, p. 1087.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-27.2 - Parole of Persons Sentenced to Life Imprisonment Upon Second Convictions of Class a Felonies.

Section 15-22-27.2
Parole of persons sentenced to life imprisonment upon second convictions of Class A felonies.
In all cases where a criminal defendant has been convicted of a Class A felony committed after a previous conviction of another Class A felony, and such second conviction results in a sentence to imprisonment for life, he shall not be eligible for parole.
(Acts 1977, No. 640, p. 1088.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-27.3 - Parole of Persons Convicted of Sex Offense Involving a Child.

Section 15-22-27.3
Parole of persons convicted of sex offense involving a child.
Any person convicted of a sex offense involving a child as defined in subdivision (26) of Section 15-20A-4 which constitutes a Class A or B felony shall not be eligible for parole.
(Act 2005-301, 1st Sp. Sess., §2; Act 2015-463, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-29 - Conditions of Parole; Adoption of Rules Concerning Conditions.

Section 15-22-29
Conditions of parole; adoption of rules concerning conditions.
(a) The Board of Pardons and Paroles, in releasing a prisoner on parole, shall specify in writing the conditions of his or her parole and a copy of the conditions shall be given to the parolee. A parolee who violates the conditions of parole may be subject to arrest and reimprisonment.
(b) The Board of Pardons and Paroles shall adopt general rules regarding the conditions of parole and their violation and may make special rules to govern particular cases. The rules, both general and special, shall include, but are not limited to, all of the following:
(1) The parolee shall not leave the state without the consent of the board.
(2) The parolee shall contribute to the support of his or her dependents to the best of his or her ability.
(3) The parolee shall make reparation or restitution for his or her crime.
(4) The parolee shall avoid persons or places of disreputable or harmful character.
(5) The parolee shall follow the instructions of his or her parole officer and comport himself or herself as the officer shall determine.
(6) The parolee shall submit to behavioral treatment, substance abuse treatment, GPS monitoring, or any other treatment as deemed necessary by the board or the supervising parole officer.
(7) The parolee may not buy, own, or possess a firearm in violation of federal law or in violation of Section 13A-11-72.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §9; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2021-249, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-29.1 - High Intensity Probation.

Section 15-22-29.1
High intensity probation.
Prior to January 30, 2016, the Board of Pardons and Paroles shall collaborate with the Alabama Sentencing Commission to define and establish the fundamental terms and conditions of high intensity probation.
(Act 2015-185, §18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-30 - Charging Parolees Residing in Community Residential Facilities for Room and Board.

Section 15-22-30
Charging parolees residing in community residential facilities for room and board.
(a) The State Board of Pardons and Paroles is authorized to charge each parolee resident of a community residential facility a monthly amount for room and board which shall not exceed 25 percent of the adjusted gross monthly income of the parolee; provided, that under hardship circumstances such charge may be waived for a parolee resident upon written recommendation by the director of the facility.
(b) The proceeds from any charges collected under the provisions of this section shall be paid into the State Treasury to the credit of the General Fund and shall be used exclusively for funding the community residential facilities program of the State Board of Pardons and Paroles.
(c) The State Board of Pardons and Paroles is hereby authorized to promulgate and effect all rules and regulations necessary to implement the provisions of this section.
(Acts 1975, 4th Ex. Sess., No. 101, §§1, 2, 3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-30.1 - Establishment and Maintenance of Residential Transition Centers.

Section 15-22-30.1
Establishment and maintenance of residential transition centers.
The Board of Pardons and Paroles may establish and maintain one or more residential transition centers for the housing of parolees and probationers ordered to serve a period of confinement pursuant to Section 15-22-32 or 15-22-54.
(Act 2021-249, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-33 - Discharge From Parole; Relief From Reports; Permission to Leave State or County.

Section 15-22-33
Discharge from parole; relief from reports; permission to leave state or county.
No person released on parole shall be discharged from parole prior to the expiration of the full maximum term for which he or she was sentenced unless the Board of Pardons and Paroles chooses to discharge the parolee earlier based on review of the parolee under guidelines established pursuant to subdivision (6) of subsection (b) of Section 15-22-37 and the parolee was not convicted of a violent offense, as defined in Section 12-25-32, or a violation of Section 13A-8-2.1. The Board of Pardons and Paroles, however, may relieve a prisoner on parole from making further reports and may permit such prisoner to leave the state or county if satisfied that this is for the best interests of society.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §13; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2019-513, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-34 - Furnishing of Records by Board of Corrections.

Section 15-22-34
Furnishing of records by Board of Corrections.
The Board of Pardons and Paroles may call upon the Board of Corrections for complete records kept of every prisoner released on parole, including such records as shall contain the fingerprints, aliases and photograph of each such prisoner and the other information referred to in this article.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §14; Acts 1951, No. 599, p. 1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-35 - Cooperation With Courts by Parole Officers.

Section 15-22-35
Cooperation with courts by parole officers.
Parole officers employed by the Board of Pardons and Paroles, in addition to supervision of parolees under the direction of the board, shall cooperate with courts exercising criminal jurisdiction in supervising probationers whose sentences have been suspended or entering of judgment of conviction has been postponed by such courts, and they shall make such reports to the courts as the board, in cooperation with the courts, may direct.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §15; Acts 1951, No. 599, p. 1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-36.3 - Notification of Participation by Inmate in Furlough, Leave, or Program.

Section 15-22-36.3
Notification of participation by inmate in furlough, leave, or program.
Prior to an inmate's participation in a work release program or supervised reentry program established under Chapter 8 of Title 14, participation in a community punishment and corrections program established under Article 9 of Chapter 18 of this title, participation in the Supervised Intensive Restitution program established under Article 7 of Chapter 18 of this title, or any temporary leave from prison or furlough, notification of the inmate's participation in such program, leave, or furlough shall be provided to the district attorney and to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 and under the provisions of Section 15-22-36.
(Act 2015-185, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-38 - Duties of Board Mandatory; Powers Strictly Construed.

Section 15-22-38
Duties of board mandatory; powers strictly construed.
The duties imposed upon the members of the Board of Pardons and Paroles by this article are mandatory, and the limitations and restrictions on the powers of the board or the members thereof shall be strictly construed.
(Acts 1951, No. 599, p. 1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-39 - Penalty for Neglecting or Failing to Perform Duty.

Section 15-22-39
Penalty for neglecting or failing to perform duty.
Any member of the Board of Pardons and Paroles who knowingly or willfully neglects or fails to perform any duty enjoined upon him by the provisions of this article is guilty of a felony and, upon his conviction, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, and any offense as defined by Section 36-10-14 by a member of the board shall also be a felony and be punishable as provided in this section.
(Acts 1951, No. 599, p. 1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2 - Pardons and Paroles. › Section 15-22-40 - When Pardon, etc., Null and Void.

Section 15-22-40
When pardon, etc., null and void.
Any pardon, parole, remission of a fine or forfeiture or restoration of civil and political rights granted, ordered or made contrary to the provisions of this article shall be null and void and shall have no force or effect.
(Acts 1951, No. 599, p. 1030.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2A - Alabama Medical Parole Act › Section 15-22-41 - Short Title.

Section 15-22-41
Short title.
This article shall be known and may be cited as the Alabama Medical Parole Act.
(Act 2017-355, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 2A - Alabama Medical Parole Act › Section 15-22-42 - Definitions.

Section 15-22-42
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) BOARD. The Board of Pardons and Paroles.
(2) GERIATRIC INMATE. A person 60 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who requires assistance with a necessary daily life function and poses a low risk to the community, and who does not constitute a danger to himself or herself or society.
(3) NECESSARY DAILY LIFE FUNCTION. Eating, breathing, toileting, walking, or bathing.
(4) PERMANENTLY INCAPACITATED INMATE. A state inmate who satisfies both of the following:
a. Is unable to perform one and requires assistance with one or more necessary daily life functions or who is completely immobile.
b. Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community.
(5) TERMINALLY ILL INMATE. A state inmate who has an incurable condition caused by illness or disease which would, with reasonable medical judgment, produce death within 12 months, and who does not constitute a danger to himself or herself or society.
(Act 2017-355, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-50 - Authority of Circuit and District Courts to Suspend Sentence and Place Convicted Person on Probation.

Section 15-22-50
Authority of circuit and district courts to suspend sentence and place convicted person on probation.
Circuit courts and district courts, subject to the provisions and conditions hereinafter provided, may suspend execution of sentence and place on probation any person convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not be permitted to waive placement on probation by the sentencing court. The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years. Except as provided in the preceding sentence, the court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may suspend execution of sentence and place the defendant on probation, or may impose a fine within the limits fixed by law and also place the defendant on probation.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §19; Acts 1955, No. 480, p. 1093; Acts 1975, No. 1205, §10-101; Acts 1985, 2nd Ex. Sess., No. 85-905, p. 177, §2; Act 2015-185, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-51 - Investigation by Probation Officer.

Section 15-22-51
Investigation by probation officer.
(a) When directed by the court, a probation officer shall fully investigate and report to the court in writing the circumstances of the offense, criminal record, social history and present condition of a defendant through use of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless the court shall otherwise direct, shall be placed on probation or released under suspension of sentence until the report of such investigation shall have been presented to and considered by the court; provided, however, that after conviction the court may continue the case for such time as may be reasonably necessary to enable the probation officer to make his investigation and report.
(b) Whenever practicable, such investigation shall include physical and mental examinations of the defendant; and, if such defendant is committed to an institution, a copy of the report of such investigation shall be sent to the Department of Corrections at the time of commitment; provided, that in all cases where the defendant was on bond prior to the time of the trial and an application for probation is made to the court, then the judge of such court, in his discretion, may suspend the execution of the sentence pending the disposition of the application for probation and continue the defendant under the same bond that he was under or, in his discretion, may raise the bond or lower the same pending the disposition of the application for probation, and such bond shall remain in full force and effect until the application for probation is finally disposed of.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §21; Acts 1956, 2nd Ex. Sess., No. 28, p. 298; Act 2015-185, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-52 - Conditions of Probation.

Section 15-22-52
Conditions of probation.
The court shall determine and may at any time modify the conditions of probation . The conditions of probation shall include, but are not limited to, all of the following:
(1) Avoid injurious or vicious habits.
(2) Avoid persons or places of disreputable or harmful character.
(3) Report to the probation officer as directed.
(4) Permit the probation officer to visit him or her at his or her home or elsewhere.
(5) Work faithfully at suitable employment as far as possible.
(6) Remain within a specified place.
(7) Pay the fine imposed or costs or any portions of fines or costs, as the court may determine, and in installments as the court may direct.
(8) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court.
(9) Support his or her dependents to the best of his or her ability.
(10) Submit to behavioral treatment, substance abuse treatment, GPS monitoring, or any other treatment as deemed necessary by the court or supervising probation officer.
(11) The probationer may not buy, own, or possess a firearm in violation of federal law or in violation of Section 13A-11-72.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §22; Act 2015-185, p. 476, §3; Act 2021-249, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-53 - Powers and Duties of Probation Officers; Restrictions on Inspection of Records, Reports, etc., of Probation Officers.

Section 15-22-53
Powers and duties of probation officers; restrictions on inspection of records, reports, etc., of probation officers.
(a) A probation officer shall investigate all cases referred to him or her for investigation by any court or by the Board of Pardons and Paroles and shall report in writing thereon. He or she shall furnish to persons released on probation under his or her supervision a written statement of the conditions of probation and shall instruct them regarding the same. Such officer shall keep informed concerning the conduct and condition of each person on probation under his or her supervision by visiting, requiring reports, and in other ways, based on the offender's measured risk of offending, and he or she shall report thereon in writing as often as the court or the board may require. The officer shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32, not inconsistent with the provisions imposed by the court, to aid and encourage persons on probation and to bring about improvements in their conduct and condition. The officer shall keep detailed records of his or her work and shall make such reports in writing to the court and the board as they may require. A probation officer shall have, in the execution of his or her duties, the powers of arrest and the same right to execute process as is now given or may hereafter be given by law to the sheriffs of this state. Supervision and treatment of probationers shall be conducted pursuant to and consistent with the provisions of subsections (k) and (l) of Section 15-22-24 and Section 15-22-57.
(b) All reports, records, and data assembled by any probation officer and referred to the court shall be privileged and shall not be available for public inspection except upon order of the court to which the same was referred.
(c) In no case shall the right to inspect the report be denied the defendant or his or her counsel after the report has been completed or filed.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §23; Acts 1975, No. 1205, §10-102; Act 2015-185, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-54.1 - Resentencing.

Section 15-22-54.1
Resentencing.
(a) Any person now serving a prison sentence based on revocation of probation who would have been an eligible offender as defined in Section 15-22-54 at the time of revocation shall be entitled to be resentenced upon petition to the sentencing court. Such petition shall be on a form and filed in the manner prescribed by the Administrative Office of Courts. Petitions shall be considered authorized motions for modification of sentence, assigned a unique identifier by the Administrative Office of Courts, and shall not require payment of a filing fee.
(b) The court shall have jurisdiction to resentence the offender in accordance with the terms of this section, upon a showing of the following:
(1) The petitioner met all requirements of an eligible offender as defined in Section 15-22-54 at the time of revocation.
(2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary only as a result of administrative violations of probation.
(3) The petitioner has no disciplinary infractions while serving the sentence in the penitentiary.
(4) The petitioner has no pending criminal charges or convictions for a new offense since the time the petitioner was placed on probation.
(c) A successive petition shall not be considered by the trial court unless new grounds are raised in the petition. Any successive petition which is not set for a hearing by the court within 30 days after filing is deemed denied by operation of law.
(Act 2010-753, p. 1905, §2; Act 2011-696, p. 2125, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-55 - Assessment and Payment of Court Costs of Termination of Probation Proceedings.

Section 15-22-55
Assessment and payment of court costs of termination of probation proceedings.
All costs of court, including witness fees, relating to a termination of probation proceeding shall be assessed and paid in the same manner as if no suspension of execution of sentence had intervened.
(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §25; Acts 1945, No. 426, p. 666; Acts 1953, No. 750, p. 1013.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-56 - Intensive Supervision Program; Fee.

Section 15-22-56
Intensive supervision program; fee.
(a) The Board of Pardons and Paroles may, by whatever criteria it deems reasonable, classify certain persons under the supervision of its probation and parole officers as deserving of intensive supervision. Special conditions may be imposed on such persons, individually or as a class.
(b) The board is hereby authorized to charge each person participating in the intensive supervision program a fee for supervision costs, which shall not exceed 25 percent of their gross monthly income. The board shall, by regulation, establish criteria for determining the fee to be charged in each case. Such sums shall be retained by the board and placed in the Probationer's Upkeep Fund in the State Treasury to defray the expense of administering this program and are hereby appropriated therefor.
(Acts 1989, No. 89-643, p. 1271, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 3 - Probation. › Section 15-22-57 - Promulgation of Regulations and Guidelines.

Section 15-22-57
Promulgation of regulations and guidelines.
The Board of Pardons and Paroles shall adopt and promulgate regulations and guidelines to:
(1) Establish a program of limited supervision for probationers who qualify addressing eligibility using validated risk and needs assessments, transfers among levels of supervision, to include the transfer of lower-risk individuals to an administrative form of probation, and reporting requirements;
(2) Develop policies and procedures for screening, assessment, and referral for probationers to connect with recidivism reduction services including, but not limited to, cognitive behavioral intervention and substance abuse treatment;
(3) Establish a matrix of rewards for compliance and pro-social behaviors and swift, certain, and graduated sanctions to be imposed by the board under the provisions of subsections (f) and (g) of Section 15-22-54 in response to corresponding violations of probation terms or conditions imposed; and
(4) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of probationers.
(Act 2015-185, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-70 - Mayor May Appoint Parole Board; Membership, Terms, Etc.

Section 15-22-70
Mayor may appoint parole board; membership, terms, etc.
The mayor, or the chief executive officer if there is no mayor, of any municipality of this state having a municipal court may appoint a parole board consisting of five members, one of whom he shall designate to serve at his pleasure as chairman, and such chairman, shall if in attendance, preside at all meetings of the board. In the chairman's absence, an acting chairman shall be selected by a majority of the members present. One member of the initial board shall be appointed to serve a term of six years. Two members of the initial board shall be appointed to serve four-year terms and two members of the initial board shall be appointed to service two-year terms. Thereafter all members of the board shall be appointed for six-year terms.
(Acts 1979, No. 79-674, p. 1189, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-71 - Board Meetings, Quorum; Number Required for Approval.

Section 15-22-71
Board meetings, quorum; number required for approval.
Meetings of the board shall be held on the first and third Wednesdays of each month and at the call of the chairman, when the business of the board shall warrant additional meetings. Three members of the board shall constitute a quorum for the transaction of the business of the board, and no action shall be taken by the board without the approval of at least two of its members.
(Acts 1979, No. 79-674, p. 1189, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-72 - Authority and Duties; Actions in Writing.

Section 15-22-72
Authority and duties; actions in writing.
The board may remit fines and such costs as are payable to the city, and commute any sentence imposed by the municipal court or any court to which an appeal is taken, may grant paroles and work and educational releases, prescribe the terms upon which persons are paroled or released and may provide for the supervision of persons released on parole. Any period of parole may exceed the length of sentence but shall in no event exceed two years. Failure of any parolee to observe the conditions of his parole as prescribed by the board shall be sufficient cause for the board to revoke such parole.
The board's actions shall be in writing and shall be available to the governing body of such city and the mayor or other chief executive officer thereof.
(Acts 1979, No. 79-674, p. 1189, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-73 - Appointment of Parole Officers; Duties and Powers; Reports, Records, etc., Privileged.

Section 15-22-73
Appointment of parole officers; duties and powers; reports, records, etc., privileged.
Parole officers may be appointed to investigate all cases referred by the board to such officers and shall furnish to each parolee under his supervision a written statement of the conditions of his parole, instruct each parolee regarding the same, and keep informed concerning the conduct and condition of each person on parole under his supervision. Each parole officer shall make such reports as the board may require. Each parole officer shall have, in the execution of his duties, the power of arrest and the authority to execute process as is given by law to police officers of such city. All reports, records and data assembled by any parole officer shall be privileged and shall not be available for public inspection except upon order of a court, except that in no case shall the right to inspect said reports be denied the defendant or his counsel.
(Acts 1979, No. 79-674, p. 1189, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-74 - Work and Educational Releases; Revocation; Deemed Escapee.

Section 15-22-74
Work and educational releases; revocation; deemed escapee.
Any prisoner released to work or further his education or training who violates any condition of his release as prescribed by the board may have such privilege revoked by the board. Any prisoner released to work or further his education or training who fails to return to city jail within the time prescribed by the parole board may, in addition, be deemed an escapee and shall be punished as such if said failure to return to city jail is willful.
(Acts 1979, No. 79-674, p. 1189, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-75 - Work Release Wages; Payable to City; Withholding Confinement Costs; Disbursing Balance.

Section 15-22-75
Work release wages; payable to city; withholding confinement costs; disbursing balance.
The employer of an inmate who is released from custody under a work release program shall pay the inmate's wages direct to the city finance department. The mayor of the city may adopt regulations concerning the manner of disbursing any earnings of the inmates involved in the work release program. The mayor is authorized to withhold from an inmate's wages the costs incident to the inmate's confinement as the mayor shall deem appropriate and reasonable, provided however, that in no event shall the mayor withhold more than 20 percent of such inmate's gross wages as the costs incident to such inmate's confinement. After the costs incident to the inmate's confinement have been deducted from the inmate's earnings, the remainder of the inmate's earnings shall be credited to the inmate's account with the city finance department, and upon his release from confinement shall be turned over to the inmate. The mayor is authorized, however, to pay the balance of the inmate's earnings to his family to be used by them for their support while the inmate is confined, provided the inmate has consented to such payment.
(Acts 1979, No. 79-674, p. 1189, §6.)