HB 72 — Relating to pardons and paroles; to amend Sections 15-22-51 and 15-22-53, Code of Alabama 1975, to provide that a specialist, in addition to a parole officer, may conduct an investigation and provide a report to the court regarding a defendant; and to make nonsubstantive, technical revisions to update the existing code language to current style.
Last action — Enacted as 2023-364
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill allows specialists to assist in parole investigations and updates legal language.
This bill permits specialists, in addition to parole officers, to conduct investigations and prepare reports for the court. It also includes updates to existing legal language for clarity.
Summary
Pardons and Paroles, to prevent parolees and probationers from being released from custody pending a revocation hearing in certain circumstances, to allow specialist to conduct investigations and general reports
Bill Text
What changed in the latest version
139 added · 315 removedPlain-language change summary
The changes to Bill HB 72 now allow a specialist, alongside a parole officer, to conduct investigations and provide reports to the court about defendants. This update recognizes the role of specialists in preparing these reports, which could lead to more comprehensive evaluations of cases. Additionally, the language in the bill has been revised for clarity and modern standards, ensuring that the law is easier to understand and applies effectively. These amendments aim to enhance the fairness and thoroughness of the judicial process regarding pardons and paroles.
HB72 ENGROSSEDENROLLED YMYD6N-2YMYD6N-3 By Representative Starnes RFD:
07-Mar-23 2023 Regular Session Page 0 HB72 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to pardons and paroles;
to amend Section 15-22-32, as last corrected by Act 2022-371, the Codification Act, 2022 Regular Session, and Sections 15-22-51 and 15-22-53, Code of Alabama 1975, to preventprovide that a paroleespecialist, in custodyaddition fromto beinga releasedparole officer, may conduct an investigation and provide a report to parolethe supervisioncourt inregarding certaina circumstances;defendant;
to provide that a specialist, in addition to a parole officer, may conduct an investigation and provide a report to the court regarding a defendant;
Section 15-22-32, as last corrected by Act 2022-371, the Codification Act, 2022 Regular Session, and Sections 15-22-51 and 15-22-53, Code of Alabama 1975, are amended to read as follows:
"§15-22-32"§15-22-51 (a)(a)(1) WheneverWhen theredirected isby reasonablethe causecourt, to believe that a prisonerprobation whoofficer hasor beenspecialist paroledshall hasfully violatedinvestigate hisand orconduct heran parole,investigation, theusing Boarda ofvalidated Pardonsrisk and Paroles,needs atassessment itsas nextdefined meeting,in maySection declare12-25-32, theand paroleeprovide toa bewritten delinquent,report andto timethe owedcourt shallin Pagewriting 1the HB72containing Engrossedall dateof from the delinquency.following information:
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.
If the parole court determines that exigent circumstances exist that preclude holding the hearing within 20 business days, the case shall be considered within 40 business days.
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, or within 40 business days if exigent circumstances exist, the parolee shall be released back to parole supervision unless the parole court determines exigent circumstances exist that preclude holding the hearing within 20 business days.
(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 Page 2 HB72 Engrossed 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 violation 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 Page 3 HB72 Engrossed 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 95 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 Page 4 HB72 Engrossed 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.
Show all 67 changed lines (27 more)
(5)a.
A short period of confinement in the county jail of the county in which the violation occurred.
Periods of Page 5 HB72 Engrossed 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:
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 unless the parole court determines exigent circumstances exist that preclude holding the hearing within 20 business days, no parolee shall be held beyond 40 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 Page 6 HB72 Engrossed 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)." "§15-22-51 (a)(1) When directed by the court, a probation officer or specialist shall fully investigate and conduct an investigation, using a validated risk and needs assessment as defined in Section 12-25-32, and provide a written report to the court in writing the containing all of the following information:
a.
Page 7 HB72 Engrossed (2) No defendant, unless the court shall otherwise Page 1 HB72 Enrolled direct directed by the court, shall be placed on probation or released under suspension of sentence until the report of such investigation shall have been, as required in subdivision (1), is presented to and considered by the court;
(b) If the defendant is sentenced to the custody of the Page 8 HB72 Engrossed Department of Corrections, a copy of the report of Page 2 HB72 Enrolled investigation shall be provided to the department when the department takes custody of the defendant." "§15-22-53 (a) A probation officer, or a specialist, shall investigate all cases referred to him or her for investigation by any court or by the Board of Pardons and Paroles and shall report in writing thereon.
A probation officer shall have, in the execution of his or her duties, the powers of arrest and the same right to execute process as is Page 9 HB72 Engrossed now given or may hereafter be given by law to the sheriffs of Page 3 HB72 Enrolled this state.
Page 104 HB72 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................07-Mar-23Officer toof the Senate House of Representatives committeeI onhereby Publiccertify Safetythat andthe Homelandwithin SecurityAct Readoriginated forin theand secondwas timepassed andby placedthe ................22-Mar-23House on18-Apr-23, theas calendar:amended.
amendmentJohn ReadTreadwell forClerk theSenate third25-May-23 timePassed andHouse passed25-May-23 ................18-Apr-23Concurred asin amendedSenate YeasAmendment 89 Nays 3 Abstains 8 John Treadwell Clerk Page 115
Show all 67 changed rows (27 more)
Amendments
3 amendments- Finance and Taxation General Fund Amendment KTXXAU-1 Show changes
- Amendment G8M0CC-1 Show changes
- Public Safety and Homeland Security Amendment 1VU4L3-1 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Jerry Starnes · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on · 5 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 69 | 0 | 0 | 2 |
| D | 25 | 0 | 0 | 1 |
| Total | 99 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Not Voting |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Not Voting |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Not Voting |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Not Voting |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Not Voting |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Not Voting |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 11 | 2 | 0 | 13 |
| Total | 86 | 3 | 0 | 13 |
| % of votes cast | 84% | 3% | 0% | 13% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 16 | 4 | 0 | 6 |
| Total | 91 | 5 | 0 | 6 |
| % of votes cast | 89% | 5% | 0% | 6% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 72 do?
- Pardons and Paroles, to prevent parolees and probationers from being released from custody pending a revocation hearing in certain circumstances, to allow specialist to conduct investigations and general reports
- Who sponsors HB 72?
- HB 72 is sponsored by Jerry Starnes (R).
- What is the current status of HB 72?
- This bill has been enacted into law. Introduced March 07, 2023. Enacted.
- Where can I track HB 72?
- Track HB 72 free on One Click Politics — get push/email alerts when it moves.
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