(6)f.

Severity of the underlying offense for which the prisoner was sentenced to incarceration.

(4) The board shall give weighted consideration to the Page 4 HB228 INTRODUCED health of the inmate when considering parole.

(b) Except as provided in Section 15-22-37, if the board grants a prisoner parole, the prisoner shall be released from prison upon the terms and conditions set by the board, and while released on parole, shall remain in the legal custody of the warden of the prison from which he or she is paroled until the expiration of the maximum term specified in his or her sentence or until he or she is fully pardoned.

(c) The board shall clearly articulate its reasons for approval or denial of parole for each prisoner, based on its established guidelines, and shall provide the reasons for approval or denial to the prisoner, the victim, the Department of Corrections, or any other interested party upon written request submitted to the board.

The use of established guidelines for parole consideration shall not create a right or expectation by a prisoner to parole release.

Additionally, the articulated reasons for denial of parole release shall not create a right or expectation for parole release.

The guidelines shall serve as an aid in the parole decisionmaking process, and the decision concerning parole release shall be at the complete discretion of the board." "§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 andThe Board of Pardons and Paroles shall investigate all prisoners confined in the jails and prisons of the state, through use of a validated risk and needs assessment, as defined in Section 12-25-32, with a view of determining the Page 5 HB228 INTRODUCED feasibility of releasing the prisoners on parole and effecting their reclamationto determine which prisoners may be released on parole.

Reinvestigations shall be made from time to time performed as determined by the board may determine or as requested by the Department of Corrections may request.

The investigations shall include such reports and other information as the board may require from the Department of Corrections or any of its officers, agents, or employees.

(b) It shall be the duty of theThe Department of Corrections to shall cooperate with the Board of Pardons and Paroles board for the purpose of carrying out this article.

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

provided, that Christmas furloughs shall or outside the state.

Furlough may not be granted to any prisoner convicted of drug peddling, child molesting or rape, a sex offense, as defined in Section 15-20A-5, or to any maximum security prisoner.

A permanent, written record of all temporary leaves, together with including the reasons thereforleave was granted, shall be kept by the commissioner.

He or she shall furnish the Board of Pardons and Paroles with a record of each leave granted and the reasons thereforleave was granted, and the same shall be placed by the board in the prisoner's file.

(d) No prisoner shall be released on parole except by a majority vote of the board.

The board shall may not parole any prisoner for employment by any official of the State of Page 6 HB228 INTRODUCED Alabama, nor shall any parolee be employed by an official of the State of Alabama and be allowed to remain on parole;

provided, however, that this provision shall.

This subsection does not apply in the case of to a parolee whose employer, at the time of the parolee's original employment, was not a state official.

(e) The board shall set a prisoner's initial parole consideration date according to the following schedules:

(1) For prisoners receiving sentence deductions pursuant to the Alabama Correctional Incentive Time Act, Article 3 of Chapter 9 of Title 14, the following schedule shall apply:

a.

For terms of five years or less, the prisoner shall be scheduled for initial parole consideration on the current docket.

b.

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

c.

For terms of more than 10 years and up to 15 years, the prisoner shall be scheduled for initial parole consideration approximately two years and six months prior to the minimum release date.

(2) For prisoners convicted on or after March 21, 2001, of one or more of the following Class A felonies, the initial parole consideration date shall be set for a date once a prisoner has completed 85 percent of his or her total sentence or 15 years, whichever is less.

a.

Rape in the first degree.

Page 7 HB228 INTRODUCED b.

Kidnapping in the first degree.

c.

Murder.

d.

Attempted murder.

e.

Sodomy in the first degree.

f.

Sexual torture.

g.

Robbery in the first degree with serious physical injury as defined in Section 13A-1-2.

h.

Burglary in the first degree with serious physical injury as defined in Section 13A-1-2.

i.

Arson in the first degree with serious physical injury as defined in Section 13A-1-2.

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

(4) If the prisoner is serving consecutive sentences, 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.

(f)(1) The board may deviate from the initial parole consideration date established in subsection (e) or any reconsideration date prescribed by the board's rules only in either of the following circumstances:

a.

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

b.

If the prisoner shows, by clear and convincing Page 8 HB228 INTRODUCED evidence, shows 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 policies previously in effect.

(2) Any decision by the board to invoke the procedures of this subsection shall be subject to legal review by the deputy Attorney General or assistant Attorney General assigned to the board, prior to the issuance of a parole certificate and the prisoner's release.

If it is determined that the grant of parole consideration failed to satisfy the requirements of this subsection or any rule adopted pursuant to this subsection, the decision shall be reversed and the prisoner shall be notified by the board.

(3) For purposes of paragraph (f)(1)b., the board shall adopt rules to determine whether a prisoner is more likely than not to be granted parole.

These rules shall be designed 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, all of the following:

a.

A requirement that the prisoner has completed a minimum total period of incarceration.

b.

A requirement that the prisoner complete certain programs while in custody of the Department of Corrections.

c.

A requirement that the prisoner provide a statement of support from a Department of Corrections staff member.

d.

A requirement that the prisoner have no violent Page 9 HB228 INTRODUCED disciplinaries during a prescribed period preceding the prisoner's current application for parole consideration.

e.

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

f.

A requirement that the prisoner's risk of re-offense is determined to be medium or low following the completion of a validated risk and needs assessment, as defined in Section 15-25-32, conducted by a trained probation and parole officer.

(4) A 30 days' written notice shall be provided to the Governor and Attorney General for any parole consideration date set by the board under subdivision (f)(1).

The Governor and Attorney General shall have 14 days from the time notice is received to object to the grant of parole.

If the board grants parole consideration under subdivision (f)(1) and did 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)(1) If a prisoner convicted of a nonviolent offense, as defined in Section 12-25-32, with a sentence of 20 years or less is denied parole, the board shall reconsider releasing the prisoner on parole no more than two years after his or her parole release denial.

(2) Any prisoner denied parole who has served at least 10 years of his or her sentence, and has reached the age of 50, shall have a reconsideration parole hearing at least every Page 10 HB228 INTRODUCED two years following a denial.

If the board denies parole, the board shall provide the prisoner with a detailed plan to improve the chances parole will be granted at the next hearing.

(3) If the board fails to provide the prisoner with a detailed plan as provided in subdivision (2), the board shall reconsider releasing the prisoner on parole within 90 days of the denial.

(h)(1) A prisoner with a serious chronic health condition whose parole was denied shall have the right to seek judicial review of the denial as provided in this subsection.

For the purposes of this section, a "serious chronic health condition" includes any non-terminal physical or medical condition rendering an individual permanently and irreversibly incapacitated as determined by reasonable medical judgment.

(2) Within 42 days of the board denying a prisoner parole, the prisoner, or an individual acting on the prisoner's behalf, may appeal the decision.

(3) The venue for an appeal shall be the circuit court of the county of conviction.

(4) The petition shall be heard by the circuit judge who presided over the trial or, if the judge is no longer serving, by any of the circuit judges in the circuit where the prisoner was convicted.

(5) Review by the court shall be de novo by the circuit court without a jury.

(6) The decision by the circuit court may be appealed pursuant to the court of criminal appeals and is subject to Page 11 HB228 INTRODUCED the Rules of Appellate Procedure." "§15-22-37 (a) The Board of Pardons and Paroles may adopt rules, not inconsistent with the provisions of this article, touching upon relating to all matters dealt with included in this article, including, among others, practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures;

provided, however, that no.

No rule adopted by the board shall have the effect of denying to may deny any person whose application for parole or the revocation of whose parole is being considered by the board from having the benefit of counsel or witnesses upon the hearing.

(b) The Board of Pardons and Paroles shall adopt rules to do all of the following:

(1) Establish a program of limited supervision for qualifying parolees who qualify addressing eligibility using validated risk and needs assessments, as defined in Section 12-25-32, transfers among levels of supervision, to include guidelines for the transfer of lower-risk individuals to an administrative form of parole, and reporting requirements.

(2) Develop policies and procedures for screening, assessment, and referral for parolees to connect with recidivism reduction services including, but not limited to, cognitive behavioral intervention and substance abuse treatment.

(3) Establish a matrix of rewards for compliance and pro-social behaviors and swift, certain, and graduated sanctions to be imposed by the board, as provided under Page 12 HB228 INTRODUCED subsections (e) and (f) of Section 15-22-32, in response to corresponding violations of parole terms or conditions imposed.

(4) Establish clear guidelines and procedures that retain the board's discretion in individual parole release cases.

The guidelines shall provide that, if a prisoner convicted of a nonviolent offense, as defined in Section 12-25-32, with a sentence of 20 years or less is denied parole, the board shall reconsider releasing the prisoner on parole no more than two years after such parole release denial.

The guidelines shall allow use a current validated risk and needs assessment as defined in Section 12-25-32, past criminal history, program completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future to be factored into the release decision while working to allocate prison space for the most violent and greatest risk prisoners.

(5) Ensure that the provisions of subsections (k) and (l) of Section 15-22-24 are implemented relating to the supervision and treatment of parolees.

(6) Establish criteria, guidelines, and procedures to discharge parolees from parole supervision requirements prior to the expiration of the full maximum term for which the parolee was sentenced, unless the parolee was convicted of a violent offense as defined in Section 12-25-32, which shall include review of a parolee for discharge from parole supervision at least every two years if the parolee has satisfied all financial obligations owed to the court, Page 13 HB228 INTRODUCED including restitution, and has not had his or her supervision revoked.

(c) Notwithstanding any other provision of law to the contrary, subsections (a) through (c) of Section 41-22-5(a)-(c), Section 41-22-5.1(b), Section 41-22-6, and subsections (a) through (e) and subsection (g) of Section 41-22-23(a)-(e), (g) of the Alabama Administrative Procedure Act shall apply to the board's adoption, amendment, or repeal of rules, procedures, guidelines, or other policies, except rules, procedures, guidelines, or other policies concerning the supervision of parolees or probationers.

The Alabama Administrative Procedure Act shall not otherwise apply to the board.

The notice required by subdivision (a)(1) of Section 41-22-5(a)(1) shall be given, and notice shall be given to the Governor and Attorney General or their designees.

(d) The Director of Pardons and Paroles shall post on the board's website the guidelines provided under subdivision (b)(4) and the board's existing rules, procedures, guidelines, or other policies concerning the grant or denial of pardons, the grant or denial of paroles, the restoration of political and civil rights, the remission of fines and forfeitures, and the revocation of parole." "§15-22-43 (a)(1) The Board of Pardons and Paroles shall establish a special medical parole docket and adopt the rules for implementation pursuant to Section 15-22-24(e).

For each person considered for medical parole, the board shall determine whether the person is a geriatric inmate, Page 14 HB228 INTRODUCED permanently incapacitated inmate, or terminally ill inmate for purposes of placing the person on a special medical parole docket to be considered for parole by the board.

An open public hearing shall be held, pursuant to Section 15-22-23, to consider the medical parole of the inmate.

Notices of the hearing shall be sent pursuant to Sections 15-22-23 and 15-22-36.

The notice shall clearly state the inmate is being considered for a medical parole.

(2) The Department of Corrections shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated, and terminally ill inmates who are otherwise eligible for parole, subject to the limitations provided under Section 15-22-28(e).

By January 1 of each calendar year, the Department of Corrections shall additionally identify all inmates who have spent more than 30 or more days in an infirmary in the prior calendar year or received costly and frequent medical treatment outside a Department of Corrections facility in the previous 12 months, as well as all inmates suffering from a life-threatening illness and whose death is imminent within 12 months, who are otherwise parole eligible, subject to the limitations provided under Section 15-22-28(e), and shall immediately provide this information to the board to determine if identified inmates may be considered for a medical parole.

(3) Upon a determination that the inmate is eligible for a medical parole, the board shall place the inmate on the next available special medical parole docket pursuant to rules adopted by the board for the board to consider the individual Page 15 HB228 INTRODUCED for medical parole.

(4) The board shall hold a medical parole hearing within 30 days of an inmate being placed on the list of geriatric, permanently incapacitated, or terminally ill inmates.

(b) Medical parole consideration shall be in addition to any other release for which an inmate may be eligible.

(c) In considering an inmate for medical parole, the board may request that additional medical evidence be produced, or that additional medical examinations be conducted by the Department of Corrections.

(d) In determining factors for a medical parole, the board shall take into consideration all of the following:

(1) Risk for violence.

(2) Criminal history.

(3) Institutional behavior.

(4) Age of the inmate, currently and at the time of the offense.

(5) Severity of the illness, disease, or infirmities and whether the same existed at the time of the offense.

(6) All available medical and mental health records.

(7) Reentry plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.

(e) This article shall not apply to inmates convicted of capital murder or a sex offense.

(f) Unless provided otherwise in this article, any medical parole under this article shall comply with Article 2, Page 16 HB228 INTRODUCED Chapter 22, Title 15.

(g)(1) An inmate whose medical parole was denied shall have the right to seek judicial review of the denial as provided in this subsection.

(2) Within 42 days of the board denying an inmate medical parole, the inmate, or an individual acting on the inmate's behalf, may appeal the decision.

(3) The venue for an appeal shall be the circuit court of the county of conviction.

(4) The petition shall be heard by the circuit judge who presided over the trial or, if the judge is no longer serving, by any of the circuit judges in the circuit where the inmate was convicted.

(5) Review by the court shall be de novo by the circuit court without a jury.

(6) The decision by the circuit court may be appealed pursuant to the court of criminal appeals and is subject to the Rules of Appellate Procedure.

(g)(h) The board shall report annually to the Joint Legislative Interim Prison Committee, House Judiciary Sentencing Commission Subcommittee, and the Alabama Sentencing Commission on the number of medical paroles granted, the nature of the illnesses, diseases, and conditions of those paroled, the number of inmates granted and denied medical parole, and the number of cases granted medical parole, but that could not be released.

The crimes for which the inmates have been convicted shall also be provided in the annual report.

The report shall be made in a manner that does not Page 17 HB228 INTRODUCED disclose any individual identifying information for any particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.

(h)(i) This article shall not be deemed to grant any entitlement or right to release." Section 2.

Section 14-14-5, Code of Alabama 1975, is amended to read as follows:

"§14-14-5 (a) An inmate, or any concerned person, including, but not limited to, the inmate's attorney, family, physician, or an employee or official of the department may initiate consideration apply for medical furlough by submitting to the department an initial a medical release furlough application form along with supporting documentation as required by the department.

The department shall provide an inmate with a copy of all supporting documentation upon the inmate's request.

Supporting documentation shall include all of the following:

(1) Information concerning the inmate's medical history, prognosis, and age.

(2) Medical authorization form.

(3)(b)(1) The initial application form shall include the A report of a physician or physicians employed by the department or its health care provider and a stating that the physician is of the opinion that the inmate is either terminally ill, permanently incapacitated, or that the inmate suffers from a chronic infirmity, illness, or disease related to aging.

(4) A notarized report of at least one other duly Page 18 HB228 INTRODUCED licensed physician who is board certified in the field of medicine for which the inmate is seeking a medical furlough, and who is not an employee of the department.

These reports shall each be, stating that the physician is of the opinion that the inmate is either terminally ill, permanently incapacitated, or that the inmate suffers from a chronic infirmity, illness, or disease related to aging.

(2)(b) The commissioner shall provide the initial medical furlough application form and medical authorization forms to all department medical care providers, and.

Additionally, the forms shall be available at every correctional facility for distribution to inmates.

(c) Consideration for medical furlough shall be initiated by the submission of an a medical furlough application form, along with supporting documentation, to the commissioner from the department, the inmate, or the inmate's representative, along with the department's supporting documentation to the commissioner.

(d) If the appropriate medical documentation pursuant to subsection (b)(a) has indicated that the inmate is a geriatric inmate, permanently incapacitated, or terminally ill, the commissioner, within 60 days of receipt of an initial a medical furlough application form, shall make a decision regarding the release of the inmate on medical furlough pursuant to the provisions of this chapter.

The initial application form and supporting document of inmates, who have been diagnosed by a physician as suffering from a chronic illness or disease related to aging, shall be submitted to the Page 19 HB228 INTRODUCED commissioner within 60 days of receipt of the application by the department.

Supporting documentation shall include information concerning the inmate's medical history and prognosis, age, and institutional behavior.

At the inmate's request, the department shall also provide a copy of all supporting documentation to the inmate.

(e) In determining eligibility factors for a medical furlough, the commissioner shall take into consideration all of the following factors:

(1) Risk for violence.

(2) Criminal history.

(3) Institutional behavior.

(4) Age of the inmate, currently and at the time of the offense.

(5) Severity of the illness, disease, or infirmities.

(6) All available medical and mental health records.

(7) Release plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.

(f)(1) If the commissioner determines that a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate meets the requirements for release to medical furlough pursuant to this chapter, the commissioner shall release the inmate on medical furlough pursuant to the provisions of this chapter within 90 days of receipt by the commissioner of the initial medical furlough application form and supporting documentation.

(2) An inmate released on medical furlough may reside Page 20 HB228 INTRODUCED in this state or another state.

(g) The commissioner shall have the authority to may revoke the inmate's furlough pursuant to subsection (h) of Section 14-14-4(h).

(g)(h) At least 30 days prior to release of a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate under subsection (f), the commissioner shall provide notification of the medical furlough release to the district attorney of the jurisdiction where the inmate was last sentenced and shall also provide notification of the medical furlough release to the victim, victim's representative, and other interested individual via certified mail, return receipt requested, or by using the automated victim notification system as provided in Section 15-22-36 and Section 15-22-36.2." Section 3.

Section 15-22-25.5 is added to the Code of Alabama 1975, to read as follows:

§15-22-25.5 An inmate shall be eligible to virtually attend his or her parole hearing.

Section 4.

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