2021 Code of Alabama
Title 15 - Criminal Procedure.
Chapter 22 - Pardons, Paroles, and Probation.
Article 2 - Pardons and Paroles.
Section 15-22-32 - Parole Court; Hearing Officers; Sanctions; Delegation of Authority.

Section 15-22-32

Parole court; hearing officers; sanctions; delegation of authority.

(a) Whenever there is reasonable cause to believe that a prisoner who has been paroled has violated his or her parole, the Board of Pardons and Paroles, at its next meeting, may declare the parolee to be delinquent, and time owed shall date from the delinquency. The Department of Corrections, after receiving notice from the sheriff of the county jail where the parolee is being held, shall promptly notify the board of the return of a parolee charged with violation of his or her parole. The board, a single member of the board, a parole revocation hearing officer, or a designated parole officer shall hold a parole court at the prison or at another place as it may determine within 20 business days and consider the case of the parole violator. The parolee shall be given an opportunity to appear personally or by counsel before the parole court and to produce witnesses, and explain the charges made against him or her. The parole court shall determine whether sufficient evidence supports the violation charges. If a hearing is not held within 20 business days, the parolee shall be released back to parole supervision.

(b) Upon finding sufficient evidence to support a parole violation, the parole court may recommend to the board revocation or reinstatement of parole, and the board may take any of the following actions:

(1)a. If the underlying offense was a violent offense as defined in Section 12-25-32 and classified as a Class A felony, a sex offense pursuant to Section 15-20A-5, or aggravated theft by deception pursuant to Section 13A-8-2.1, the board shall revoke parole and require the parolee to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent parolee.

b. If the parole violation was for being arrested or convicted of a new offense or absconding, the board may revoke parole and require the parolee to serve the balance of the term for which he or she was originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent parolee.

c. For all other parolees, the board may impose a period of confinement of no more than 45 consecutive days to be served in a residential transition center established pursuant to Section 15-22-30.1 or a consenting county jail designated for this purpose as provided in Section 14-1-23. The parolee shall be held in the county jail of the county in which the revocation occurred while awaiting the revocation hearing. The Department of Corrections shall reimburse the state mileage rate to the county, as determined by the Alabama Comptroller's Office, for any state inmate charged with, or sanctioned or revoked for, a parole violation and who is transferred to or from a Department of Corrections facility or to or from a consenting county jail by the county.

(2) Upon completion of the confinement period and release from confinement, the parolee shall automatically continue on parole for the remaining term of the sentence without further action from the board. The parole court may not recommend and the board may not revoke parole unless the parolee has previously received a total of three periods of confinement under this subsection. A parolee shall receive only three total periods of confinement pursuant to this subsection. The maximum 45-day term of confinement ordered pursuant to this subsection shall be reduced by any time served in custody prior to the imposition of the period of confinement and shall be credited to the balance of the incarceration term for which the parolee was originally sentenced. In the event the time remaining on parole supervision is 45 days or less, the term of confinement may not exceed the remainder of the parolee's sentence.

(3) The total time spent in confinement under this subsection may not exceed the term of the parolee's original sentence.

(4) Confinement shall be immediate. The board shall ensure that the Department of Corrections, a county jail, a residential transition center, or a consenting county jail receives necessary documentation for imposing a period of confinement within five business days of the board's action.

(5) If the parolee is presented to a county jail, excluding a consenting county jail designated for this purpose, as provided in Section 14-1-23, for any period of confinement with a serious health condition, if the admittance of the parolee would create a security risk to the county jail, or if the county jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If, while in custody of the county jail, the parolee develops a serious health condition, if the presence of the parolee creates a security risk to the county jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to the parole officer. A sheriff and employees in the county jail shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail pursuant to this subdivision.

(c) The position of Parole Revocation Hearing Officer is created and established, subject to the state Merit System.

(d) The board may appoint or employ hearing officers who shall conduct a parole court. The hearing officers shall determine the sufficiency of evidence to support parole violation charges and recommend to the board revocation of parole pursuant to subsection (b) or reinstatement of parole.

(e) In lieu of subsections (a) and (b), when a parolee violates his or her parole terms and conditions, his or her parole officer, after an administrative review and approval by the parole officer's supervisor, may impose any of the following sanctions:

(1) Mandatory behavior treatment.

(2) Mandatory substance abuse treatment.

(3) GPS monitoring.

(4) Any other treatment as determined by the board or supervising officer.

(5)a. A short period of confinement in the county jail of the county in which the revocation occurred. Periods of confinement under this subdivision may not exceed six days per month during any three separate months during the period of parole. The six days per month confinement periods may only be imposed as two-day or three-day consecutive periods at any single time. The total periods of confinement may not exceed nine total days.

b. Confinement pursuant to this subdivision does not limit the board's ability to directly impose sanctions, periods of confinement, or revoke parole.

(f)(1) Prior to imposing a sanction pursuant to subsection (e), the parolee must first be presented with a violation report setting forth the alleged parole violations and supporting evidence. The parolee shall be advised that he or she has all of the following rights:

a. The right to have a parole court, in person or by electronic means, on the alleged violation or violations. If a parole court is requested, no parolee shall be held beyond 20 business days of the request. Only requesting parolees posing a threat to public safety or a flight risk shall be arrested while awaiting parole court.

b. The right to present relevant witnesses and documentary evidence.

c. The right to retain and have counsel at the hearing if he or she so desires.

d. The right to confront and cross examine any adverse witnesses.

(2) Upon the signing of a waiver of these rights by the parolee and the supervising parole officer, with approval of a supervisor, the parolee may be treated, monitored, or confined for the period recommended in the violation report and designated on the waiver. The parolee may not request a review if he or she has signed a written waiver of rights as provided in this subsection.

(g) The board shall adopt guidelines and procedures to implement the requirements of this section, which shall include the requirement of a supervisor's approval prior to exercise of the delegation of authority authorized by subsection (e).

(Acts 1939, No. 275, p. 426, §12; Code 1940, T. 42, §12; Acts 1951, No. 599, p. 1030, §12; Acts 1975, No. 184, §1; Acts 1981, 3rd Ex. Sess., No. 81-1121, p. 385, §1; Act 99-400, p. 667, §1; Act 2015-185, p. 476, §3; Act 2021-249, §1.)