Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-9 - PAROLE VIOLATIONS AND REVOCATIONS › Section 640-X-9-.02 - Confinement-Based Sanctions ("Dips") And Revocation Caps ("Dunks")

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Confinement-based sanctions ("dips") for parole violations may be imposed by
			 the Board or the supervising probation and parole officer in accordance with
			 applicable law. If the violation at issue is appropriate for a 2-3 day period
			 of confinement ("dip"), such will be imposed by the supervising officer with
			 approval from the officer's supervisor after the parole violator signs an
			 appropriate waiver form, approved by the Agency, giving notice of the specific
			 violation charges alleged by the supervising officer and those rights defined
			 by Alabama law. The parole violator, the supervising officer, and the
			 supervisor of the supervising officer all must sign the waiver in order for it
			 to be effective under law. The waiver must specify the number of days of
			 confinement that will be imposed and the date/time of release. No further
			 delinquency action will follow on a "dip" and the signed and completed waiver
			 form will be adequate documentation to accompany a violator presented by the
			 supervising officer to the local jail. The same form will serve as sufficient
			 documentation for the violator to be released back to supervision as of a
			 date/time specified on the form. However, the supervising officer shall monitor
			 the "dipped" parole violator while serving the confinement-based sanction and
			 coordinate the release of the parole violator back to supervision with local
			 jail officials.
(2) The supervising
			 officer's authority to impose "dips" is limited to 2-3 days at a time, no more
			 than 6 days per month, and not more than 18 days for the parolee's supervision
			 term.
(3) Should a parole violator
			 refuse a "dip," Alabama law allows for the violator to request a Parole Court
			 hearing within ten (10) days of refusal. In such event, or if the nature of the
			 violation is more appropriate for full revocation, Rule 640-X-9-.03 procedures
			 will apply, subject to statutory revocation caps ("dunks").
(4) Alabama law requires that three (3)
			 periods of confinement be imposed by the Board on all parole violations of up
			 to 45 days ("dunks") before the Board may revoke parole unless the parole
			 violator's current offense for which he/she is being supervised is a violent
			 Class A or sex offense or if the charged parole violator was arrested,
			 convicted, or absconded. "Absconding" shall be defined as willfully avoiding
			 supervision or by willfully making the parolee's whereabouts unknown to the
			 supervising parole officer.
(5) The
			 Board may not exceed three (3) "dunks." However, the Board holds authority,
			 itself, to directly impose unlimited short periods of confinement of up to
			 three (3) days ("dips"). Moreover, Alabama law provides that the Board may
			 revoke the parole violator's balance of the original sentence or any or any
			 portion thereof, calculated from the date of delinquency.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier.
Statutory Authority:
Code of Ala. 1975,
				  §§
										15-22-21,
				  29, 32, 37.