Ala. Code § 15-22-32 (1975) - Parole court; hearing officers; sanctions; delegation of authority

Cite as:Ala. Code § 15-22-32 (1975)
Currency:Current through 2019 Legislative Session
 
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(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 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 is being held, shall promptly notify the board of the return of a paroled prisoner charged with violation of his or her parole. Thereupon, 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 shall be given an opportunity to appear personally or by counsel before the board or the parole court and 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:

(1) Unless the underlying offense is 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 arrested or convicted of a new offense or absconding, the parole court may recommend and the board may impose a period of confinement of no more than 45 consecutive days to be served in the custody population of the Department of Corrections. By April 29, 2016, the Department of Corrections shall develop and implement a streamlined process to transport and receive the parolee into its custody population and shall identify and, if possible, implement policies aimed at reducing the administrative delays, if any, in transferring to the Department of Corrections the physical custody of the parolee and those whose parole has been revoked. Such process shall be developed in cooperation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama. Such process shall include the most cost-effective method to process sanctioned parole violators for the maximum 45 day confinement period and shall provide that the Department of Corrections shall reimburse the state mileage rate, as determined by the Alabama Comptroller's Office, to the county for any state inmate sanctioned as a parole violator and transferred to or from a Department of Corrections facility by the county. 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 shall not recommend and the board shall 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 under this subsection. The maximum 45 day term of confinement ordered under this subsection shall not be reduced by credit for incarceration time already served in the case. Confinement under this subsection 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...

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