HB 131 — Relating to parole; to amend Section 15-22-28, Code of Alabama 1975, to provide that a prisoner is not eligible for parole of he or she has been duly charged with a new offense that has not been disposed.

HB131 INTRODUCEDENROLLED MRP8WW-1MRP8WW-2 By Representative Kitchens RFD:

21-Mar-23 2023 Regular Session Page 0 MRP8WW-1HB131 03/14/2023Enrolled CNBEnrolled, (L)bmAn 2023-930Act, 23 4Relating SYNOPSIS:to parole;

Under existing law, prisoners in the custody of the Department of Corrections are eligible for parole in certain circumstances.

This bill would provide that a prisoner is not be eligible for parole if he or she has been duly charged with a new offense that has not been disposed.

A BILL TO BE ENTITLED AN ACT Relating to parole;

"§15-22-28 (a) It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation of any and all prisoners confined in the jails and prisons of the state, through use of a validated risk and needs assessment as Page 1 HB131 INTRODUCED defined in Section 12-25-32, with a view of determining the feasibility of releasing the prisoners on parole and effecting their reclamation.

(c) Temporary leave from prison, including Christmas furloughs, may be granted only by the Commissioner of Page 1 HB131 Enrolled Corrections to a prisoner for good and sufficient reason and may be granted within or without the state;

Page 2 HB131 INTRODUCED provided, however, that this provision shall not apply in the case of a parolee whose employer, at the time of the parolee's original employment, was not a state official.

For terms over five years and up to 10 years, the Page 2 HB131 Enrolled prisoner shall be scheduled for initial parole consideration approximately 18 months prior to the minimum release date.

Page 3 HB131 INTRODUCED e.

(3) For all other prisoners, the initial parole consideration date shall be set for a date following 95 completion of one-third of the prisoner's sentence or 10 years, whichever is less.

(4) If the prisoner is serving consecutive sentences, Page 3 HB131 Enrolled the initial parole consideration date may not be set for a date before the prisoner has separately served the time prescribed in this subsection for each consecutive sentence imposed.

To comply with the policy and procedural guidelines in effect on or before January 1, 2019, issued by the board 95 under Section 15-22-24(e).

If the prisoner shows, by clear and convincing evidence, that he or she is more likely than not to be granted parole and that he or she would have been considered for parole on an earlier date under generally applicable rules or Page 4 HB131 INTRODUCED policies previously in effect.

These rules shall be designed Page 4 HB131 Enrolled to minimize the risk a prisoner will be prejudiced by any statutory or administrative changes in parole standards or procedures that have occurred since the date of the prisoner's conviction and shall include, but are not limited to the following:

A requirement that the prisoner have no Page 5 HB131 INTRODUCED disciplinaries of any kind within a prescribed period preceding the prisoner's current application for parole consideration.

If the board grants parole consideration under subdivision (f)(1) and did Page 5 HB131 Enrolled not give adequate notice to the Governor or Attorney General or granted parole consideration despite an objection from the Governor or Attorney General, the decision shall be reversed and the prisoner shall be notified by the board.

(g)(g)(1) Notwithstanding any law to the contrary, any prisoner who is duly charged with a new federal, state, or local offense punishable by a term of imprisonment exceeding sixsix12 months shall not be considered for parole until after the charge has been disposed, whether by trial or other means."means. Section 2.

(2) A prisoner shall immediately be notified by the Department of Corrections of any new charges pursuant to subdivision (1)." Section 2.

Page 6 HB131 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 20-Apr-23.

John Treadwell Clerk Senate 24-May-23 Passed House 25-May-23 Concurred in Senate Amendment Page 7