2020 Code of Alabama
Title 15 - Criminal Procedure.
Chapter 22 - Pardons, Paroles, and Probation.
Article 2 - Pardons and Paroles.
Section 15-22-37 - Rulemaking Authority.

Section 15-22-37

Rulemaking authority.

(a) The Board of Pardons and Paroles may adopt rules, not inconsistent with the provisions of this article, touching upon all matters dealt with in this article, including, among others, practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule adopted by the board shall have the effect of denying to any person whose application for parole or the revocation of whose parole is being considered by the board from having the benefit of counsel or witnesses upon the hearing.

(b) The Board of Pardons and Paroles shall adopt rules to do the following:

(1) Establish a program of limited supervision for parolees who qualify addressing eligibility using validated risk and needs assessments, as defined in Section 12-25-32, transfers among levels of supervision, to include guidelines for the transfer of lower-risk individuals to an administrative form of parole, and reporting requirements.

(2) Develop policies and procedures for screening, assessment, and referral for parolees 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, as provided under subsections (e) and (f) of Section 15-22-32, in response to corresponding violations of parole terms or conditions imposed.

(4) Establish clear guidelines and procedures that retain the board's discretion in individual parole release cases. The guidelines shall provide that, if a prisoner convicted of a nonviolent offense, as defined in Section 12-25-32, with a sentence of 20 years or less is denied parole, the board shall reconsider releasing the prisoner on parole no more than two years after such parole release denial. The guidelines shall allow a current validated risk and needs assessment as defined in Section 12-25-32, past criminal history, program completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future to be factored into the release decision while working to allocate prison space for the most violent and greatest risk prisoners.

(5) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of parolees.

(6) Establish criteria, guidelines, and procedures to discharge parolees from parole supervision requirements prior to the expiration of the full maximum term for which the parolee was sentenced, unless the parolee was convicted of a violent offense as defined in Section 12-25-32, which shall include review of a parolee for discharge from parole supervision at least every two years if the parolee has satisfied all financial obligations owed to the court, including restitution, and has not had his or her supervision revoked.

(c) Notwithstanding any other provision of law to the contrary, Section 41-22-5(a)-(c), Section 41-22-5.1(b), Section 41-22-6, and Section 41-22-23(a)-(e), (g) of the Alabama Administrative Procedure Act shall apply to the board's adoption, amendment, or repeal of rules, procedures, guidelines, or other policies, except rules, procedures, guidelines, or other policies concerning the supervision of parolees or probationers. The Alabama Administrative Procedure Act shall not otherwise apply to the board. The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, and notice shall be given to the Governor and Attorney General or their designees.

(d) The Director of Pardons and Paroles shall post on the board's website the board's existing rules, procedures, guidelines, or other policies concerning the grant or denial of pardons, the grant or denial of paroles, the restoration of political and civil rights, the remission of fines and forfeitures, and the revocation of parole.

(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §17; Acts 1951, No. 599, p. 1030; Act 2015-185, p. 476, §3; Act 2019-393, §1.)