HB72KTXXAU-1 ENROLLED: YMYD6N-3 By Representative Starnes RFD:

Public5/23/2023 Safety: and Homeland Security First Read:

07-Mar-23CNB 2023AMENDMENT RegularTO SessionHB72, PageAS 0ENGROSSED 1ST FINANCE AND TAXATION GENERAL FUND AMENDMENT TO HB72 EnrolledOFFERED Enrolled,BY AnSENATOR Act,CHAMBLISS 32 Relating4 toReplace pardonslines and9 paroles;through 13 on page 1 with the following:

toRelating amend Sections 15-22-51 and 15-22-53, Code of Alabama 1975, to providepardons that a specialist, in addition to a parole officer, may conduct an investigation and provideparoles; a report to the court regarding a defendant;

and to makeamend nonsubstantive,Sections technical15-22-51 revisionsand to15-22-53, updateCode theof existingAlabama code1975, languageReplace tolines current20 style.through 22 with the following:

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Sections 15-22-51 and 15-22-53, Code of Alabama 1975, are amendedDelete tolines read24 asthrough follows:on 181 pages 1 through 7 in their entirety Page 1

"§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.

The circumstances of the offense,.

b.

The defendant's criminal record,.

c.

The defendant's social history and.

d.

The defendant's present condition of a defendant through use of a validated risk and needs assessment, as defined in Section 12-25-32.

e.

If practicable, a physical and mental examination of the defendant.

(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;

provided, however, that after.

(3)a.

After conviction, the court may continue the case for such any amount of time as may be reasonably necessary to enable the probation officer or specialist to make his conduct the investigation and generate the written report of investigation.

b.(b) Whenever practicable, such investigation shall include physical and mental examinations of the defendant;

and, if such defendant is committed to an institution, a copy of the report of such investigation shall be sent to the Department of Corrections at the time of commitment;

provided, that in all cases where the If a defendant was on bond prior to the time of the trial and an application for probation is was made to the court, then the judge of such court, in his discretion, may suspend the execution of the sentence pending the disposition of the application for probation and continue may allow the defendant to remain under the same bond that he was under or, in his discretion, or the judge may raise the bond or lower the same pending the disposition of the application for probation, and such bond shall remain in full force and effect until the application for probation is finally disposed of bond.

(b) If the defendant is sentenced to the custody of the 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.

He or she The probation officer shall furnish to persons released on probation under his or her supervision a written statement of the conditions of probation and shall instruct them regarding the same.

Such The probation officer shall keep informed concerning the monitor the conduct and condition of each person on probation under his or her supervision by visiting, requiring reports, and in other ways necessary, based on the offender's measured risk of offending, and he or she shall report thereon in writing.

Additionally, the probation officer shall provide written reports as often as the court or the board may require.

The probation officer shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32, not inconsistent with the provisions imposed by the court, to aid and encourage persons on probation and to bring about improvements in their conduct and condition.

The probation officer shall keep detailed records of his or her work and shall make such provide written reports in writing to the court and the board as often as they may require.

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 now given or may hereafter be given by law to the sheriffs of Page 3 HB72 Enrolled this state.

Supervision and treatment of probationers shall be conducted pursuant to and consistent with the provisions of subsections (k) and (l) of Section 15-22-24 and Section 15-22-57.

(b) All reports, records, and data assembled by any probation officer or specialist and referred to the court shall be privileged and shall not be available for public inspection except upon order of the court to which the same was referred.

(c) In no case shall the right to inspect the report be denied the defendant or his or her counsel after the report has been completed or filed." Section 2.

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Page 4 HB72 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 18-Apr-23, as amended.

John Treadwell Clerk Senate 25-May-23 Passed House 25-May-23 Concurred in Senate Amendment Page 5