Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-5 - BOARD HEARINGS, MEETING, AND MINUTES › Section 640-X-5-.02 - Hearing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 quorum of the Board is required to convene an open public meeting. When the
			 Board convenes its open public meeting to consider the matters on its docket,
			 all persons in the waiting rooms shall be notified that the Board is convening
			 to hear all business that may properly come before it and that the meeting is
			 open to the public.
(2) The Board
			 will consider each case on the docket in such order as the Board may
			 direct.
(3) All persons giving
			 testimony before the Board shall testify under oath or affirmation pursuant to
			 Alabama Code Section
			 15-22-24(j).
(4) Any individual supporting the grant of
			 relief to the inmate whose case is before the Board will be afforded the first
			 opportunity to state the reasons relief ought to be granted. The officials and
			 individuals entitled to notice will next be afforded an opportunity to express
			 their views. The Board may, in its discretion, permit any other person to offer
			 information that might be helpful in making its decision. If any member of the
			 Board sees a need to do so, the Board may recess while a member of the staff
			 interviews an individual to determine whether that individual should be asked
			 or allowed to testify. The Board may examine and receive evidence from any
			 person appearing before them.
(5)
			 If a member of the Board desires information from any person not present, the
			 Board may recess while a member of agency staff contacts that person. Any and
			 all information gathered from the person contacted by agency staff shall then
			 be presented to the Board for consideration once the Board has reconvened. In
			 the event that the needed information cannot be obtained during the meeting,
			 the Board shall decide whether to proceed without the information or continue
			 the matter. A continuation announced to a date certain in the open public
			 meeting shall not be subject to renotification.
(6) On parole cases, the Board shall
			 determine fitness for parole in accordance with Alabama Code Section
			 15-22-26,
			 using actuarially based guidelines. (Form ABPP-2).
(7) When the Board is prepared to take
			 action, the members shall enter into the file their votes for or against the
			 relief sought. For paroles, each member favoring or not favoring the order of
			 relief shall enter into the file reasons for approval or denial and articulated
			 reasons and such will be a public record. On all other matters, the Board's
			 file will reflect only the Board Members' reasons for approval of the relief
			 sought, and such will be public record. If a quorum of the Board votes in favor
			 of granting relief, such shall constitute an official order for the relief,
			 which shall become effective if not withdrawn in a timely manner.
(8) When each Board Member has entered his or
			 her vote, or declined to do so, the Board Secretary or a Board Member shall
			 determine whether the requisite number of affirmative votes appears of record
			 and that the order is otherwise accurately executed, including proper dates. If
			 so, the Board Secretary or a Board Member shall announce that the Board has
			 ordered the relief sought. If not, the Board Secretary or a Board Member shall
			 announce that the relief has been denied.
(9) If parole has been denied, the Board
			 shall determine whether and when to schedule future parole consideration
			 pursuant to Rule 640-X-3-.03. In the event the Board specifies no future parole
			 consideration date, future parole consideration will be scheduled for the
			 maximum set off time allowed.
(10)
			 For parole denials, the Board's action sheet will be provided to the Department
			 of Corrections and the inmate whose case has been considered for parole as part
			 of a "communication packet," as well as upon request to the victim or any
			 interested party. For granted paroles, the Board's official action sheet shall
			 serve as documentation to evidence that relief has been granted so as to
			 properly effect an inmate's release from the Department of Corrections on
			 parole. For granted pardons and remissions, the Bureau will produce a
			 certificate, specifying any limits to the relief granted by the Board as
			 reflected on the Board's action sheet.
(11) If a quorum of the Board is present but
			 the members are evenly divided, the case shall be continued to a date certain
			 and that date shall be announced in the open public meeting.
(12) If at any time a quorum is not present,
			 the Board shall stand in recess until a quorum becomes present. If a quorum is
			 not present at the end of the day, or if it becomes apparent that a quorum will
			 likely not be assembled for that day, all cases that have not been decided
			 shall be rescheduled for further consideration as early as practicable and
			 consistent with statutory requirements.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-23,
				  15-22-37.