Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-9 - PAROLE VIOLATIONS AND REVOCATIONS › Section 640-X-9-.03 - Parole Revocation

Current through Register Vol. 42, No. 9, June 28, 2024
The following process shall govern parole revocation, leading
				up to Parole Court:
(a) In pursuit of
			 revocation and subject to statutory revocation caps ("dunks"), whether outright
			 or in the event a "dip" is refused by the parole violator, the parole officer,
			 after investigating the alleged violation and determining that the allegations
			 are well founded, shall submit a written report in the "Report of Parole
			 Violation" format, to the Field Operations Division, the Revocation Unit, the
			 regional Parole Court Hearing Officer, and the parole violator.
(b) The submission of the Report of Parole
			 Violation shall initiate the Parole Court Hearing process. The parolee shall be
			 directed to appear before the Parole Court for an evidentiary
			 hearing.
(c) If the parole officer
			 has reason to believe that the public would be endangered or that the parolee
			 would abscond supervision if left at liberty, pending further action, he or she
			 may issue an "authorization to arrest" writ and cause the parolee to be held in
			 the local county jail. The officer submitting the report shall coordinate with
			 the regional Parole Court Hearing Officer to schedule Parole Court and must do
			 so within seventy-two (72) hours of any arrest. This hearing must occur within
			 twenty (20) business days from receipt of notice from the Department of
			 Corrections of the return of the parole violator to custody or the individual
			 will be released from custody pending his/her Parole Court hearing.
(d) The Field Operations Division will review
			 notices and reports of parole violation when received from the field officer
			 through the supervisory chain of command. Field Operations will determine
			 whether there is reasonable cause to believe the parolee has violated the terms
			 of parole in an important respect and whether the violation is sufficiently
			 serious to warrant referral to the Board for declaration of delinquency.
			 Declarations of delinquency shall be docketed for the Board's consideration on
			 a weekly basis by Field Operations unless the Board has no regularly scheduled
			 meetings during a particular week.
(e) Field Operations shall notify the
			 Department of Corrections of the date the Board declares a parolee
			 delinquent.
(f) Field Operations
			 shall also determine whether the alleged violation is sufficiently serious to
			 authorize the Department of Corrections to issue a fugitive warrant. If so,
			 notice authorizing the issuance of a fugitive warrant by the Department of
			 Corrections shall be promptly transmitted.
(g) If at any time prior to the Parole Court
			 hearing, the investigating officer needs to supplement the Report of Parole
			 Violation, and/or Field Operations directs modification or supplementation of
			 the report, a supplemental/corrected report must be recirculated to Field
			 Operations, the Hearing Officer, and the parole violator. Field Operations
			 will, in turn, be responsible for forwarding any supplemental/corrected report
			 to the Board.
(h) The decision
			 whether to incarcerate the parolee pending Parole Court may be reconsidered at
			 any point in the revocation process. The Board retains jurisdiction to
			 reconsider whether to enter or void a declaration of delinquency at any point
			 in the process.
(i) The Parole
			 Court hearing may occur prior to the decision to refer the charges to the Board
			 for declaration of delinquency and/or prior to the decision to authorize the
			 Department of Corrections to issue a fugitive warrant.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-36,
				  15-22-37.