2022 Code of Alabama
Title 15 - Criminal Procedure.
Chapter 22 - Pardons, Paroles, and Probation.
Article 2 - Pardons and Paroles.
Section 15-22-23 - Board of Pardons and Paroles - Meetings; Conditions to Board Actions; Due Notice.
Board of Pardons and Paroles - Meetings; conditions to board actions; due notice.
(a) Meetings of the Board of Pardons and Paroles shall be held at the call of the chairman or as may be determined by the board. Meetings set for the purpose of conducting hearings and making determinations concerning pardons, paroles, restorations of political and civil rights, remission of fines and forfeitures, and revocations may be set by the chairman, the board, or a panel of the board designated for such purpose.
(b) The Board of Pardons and Paroles shall have no power or authority to tentatively approve, grant, or order any pardon, parole, or remission of fine or other forfeiture unless and until all of the following conditions are met:
(1) The action is taken in an open public meeting of the board held after notice of the meeting has been given to each member of the board in such manner as the board directs; and
(2) Due notice of the time, date, and place of the meeting and the action to be considered has been given in writing sent by U. S. mail, electronic transmission, or by other commonly accepted method of delivery at least 30 days prior to the meeting to each of the following:
a. The incumbent Attorney General.
b. The district attorney who prosecuted and the judge who presided over the case.
c. The chief of police of the municipality wherein the crime occurred, if the crime was committed in a municipality with a police department.
d. The sheriff of the county in which the crime was committed.
(3) If the district attorney who prosecuted the case or the judge who presided over the case is not living or serving, notice under subdivision (2) shall be given to the district attorney and one of the judges of the circuit in which the subject was convicted.
(4) All persons who are required to be notified under the provisions of this section have been allowed, at their option, to either appear before the board or give their views in writing.
(c) Due notice as used in subdivision (b)(2) of this section shall be defined to include all of the following:
(1) The name of the prisoner or defendant involved.
(2) The crime for which the prisoner or defendant was convicted.
(3) The date of the sentence.
(4) The court in which the conviction occurred.
(5) The sentence imposed, the prisoner's actual time in confinement, and the prisoner's minimum release date, as calculated by the Department of Corrections.
(6) The action to be considered by the board.
(7) The date, time, and location of the board meeting at which the action is to be considered.
(8) The right of any individual to present his or her views to the board as specified in subsection (b)(2), (3), and (4) or as otherwise permitted by the board's operating rules.
(d) All of the requirements set out in subsections (b) and (c) are express conditions to any board action approving, granting, or ordering any pardon, parole, remission of fine or other forfeiture, or restoration of civil and political rights.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §4; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §1; Act 2003-415, p. 1205, §4; Act 2011-681, p. 2006, §1.)