Ala. Code § 15-22-32 (1975) Parole Court; Hearing Officers; Sanctions; Delegation of Authority

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 15-22-32 (1975)

(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 [prisoner] 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 [state prisoner] parolee is being held, shall promptly notify the board of the return of a [paroled prisoner] parolee charged with violation of his or her parole. [Thereupon, the] 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[, who]. The parolee shall be given an opportunity to appear personally or by counsel before [the board or] the parole court and to produce witnesses, and explain the charges made against him or her. The [board member, parole revocation hearing officer, or a designated parole officer, acting as a] parole court[,] shall determine whether sufficient evidence supports the violation charges. If a hearing is not held within [the specified] 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 [revoke or reinstate parole. Upon revocation of parole, the board may require the prisoner to serve in a state prison facility the balance of the term for which he or she was originally sentenced or any portion thereof, calculated from the date of delinquency. The delinquent parolee shall be deemed to begin serving the balance of the prison time required on the date of his or her rearrest as a delinquent parolee. However, in all cases, excluding violent offenses defined pursuant to Section 12-25-32 and classified as a Class A felony, and sex offenses, defined pursuant to Section 15-20A-5, the parole court may only recommend revocation and the board may only revoke parole as provided below] take any of the following actions:

(1)

(a) [Unless] If the underlying offense [is] was a violent offense as defined in Section 12-25-32 and classified as a Class A felony, [when a parolee under supervision of the Board of Pardons and Paroles has violated a condition of parole, other than being] 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.