Amendment vs bill Judiciary Amendment JRRXFN-1 vs Introduced

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HB228 INTRODUCED JPZAYN-1 By Representative England RFD:
JRRXFN-1 11/07/2022 CNB (L) tgw 2022-5034 House Judiciary Reported Substitute for HB228 2 4 6 A BILL TO BE ENTITLED AN ACT Relating to pardons and paroles;
Judiciary First Read:
to amend Sections 15-22-26, 15-22-28, 15-22-37, and 15-22-43, Code of Alabama 1975, to require the Board of Pardons and Paroles to give weighted consideration to an inmate's age when determining whether to grant parole, to require the board to hold a rehearing once parole is denied for certain inmates, to provide for appellate relief for a prisoner with a serious chronic health condition who was denied parole in certain circumstances;
04-Apr-23 Page 0 JPZAYN-1 03/22/2023 CNB (L) bm 2022-5034 2 4 SYNOPSIS:
Under existing law, the Board of Pardons and Paroles is required to consider parole release guidelines in determining whether to grant or deny parole.
This bill would require the Board of Pardons and Paroles to give weighted consideration to the health of an inmate in making its parole decision.
Under existing law, when a prisoner who has been convicted of a nonviolent offense 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 the parole release denial.
This bill would provide that when a prisoner who has served at least 10 years of his or her sentence and has reached the age of 50 is denied parole, the board shall reconsider releasing the prisoner on parole no more than two years after the denial of parole and shall provide the inmate with a detailed plan to improve the chances he or she will be granted parole at the next hearing.
This bill would provide that if the board fails to provide a detailed plan to the prisoner, he or she shall be provided a new parole hearing within 90 days of the denial.
Page 1 HB228 INTRODUCED This bill would provide appellate relief for a prisoner with a serious chronic health condition who was denied parole in certain circumstances.
Under existing law, inmates that meet certain criteria may be considered for medical parole.
This bill would require the board to hold a medical parole hearing within 30 days of an inmate becoming eligible for medical parole.
This bill would provide for appellate relief for an inmate who was denied medical parole.
This bill would authorize an inmate released on medical furlough to reside in any state.
Under existing law, an inmate may not attend his or her parole hearing.
This bill would allow an inmate to virtually attend his or her parole hearing.
This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
A BILL TO BE ENTITLED AN ACT Relating to pardons and paroles;
to amend Sections 15-22-26, 15-22-28, 15-22-37, and 15-22-43, Code of Alabama 1975, to require the Board of Pardons and Paroles to give Page 2 HB228 INTRODUCED weighted consideration to an inmate's age when determining whether to grant parole, to require the board to hold a rehearing once parole is denied for certain inmates, to provide for appellate relief for a prisoner with a serious chronic health condition who was denied parole in certain circumstances;
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Page 1 House Judiciary Reported Substitute for HB228 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
"§15-22-26 (a)(1) No Except as provided in Section 15-22-28, no prisoner shall may be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the a majority of the Board of Pardons and Paroles is members are of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner's fitness for parole and to ensure public Page 3 HB228 INTRODUCED safety.
"§15-22-26 (a)(1) No Except as provided in Section 15-22-28, no prisoner shall may be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the a majority of the Board of Pardons and Paroles is members are of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner's fitness for parole and to ensure public safety.
Be structured, and actuarially based, reviewed every three years by the board, after a specified open comment 95 period determined by the board, and posted on the website of the board and include, but not be limited to,.
Be structured, and actuarially based, reviewed every three years by the board, after a specified open comment period determined by the board, and posted on the website of the board and include, but not be limited to,.
(2)b.
Page 2 House Judiciary Reported Substitute for HB228 (2)b.
(4) The board shall give weighted consideration to the Page 4 HB228 INTRODUCED health of the inmate when considering parole.
(4) The board shall give weighted consideration to the health of the inmate when considering parole.
Additionally, the articulated reasons for denial of parole release shall not create a right or expectation for parole release.
Additionally, Page 3 House Judiciary Reported Substitute for HB228 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.
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, 95 through use of a validated risk and needs assessment, as defined in Section 12-25-32, with a view of determining the feasibility of releasing the prisoners on parole and effecting their reclamationto determine which prisoners may be released on parole.
provided, that Christmas furloughs shall or outside the state.
provided, that Christmas furloughs shall or outside the Page 4 House Judiciary Reported Substitute for HB228 state.
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;
The board shall may not parole any prisoner for employment by any official of the State of Alabama, nor shall any parolee be employed by an official of the State of Alabama and be allowed to remain on parole;
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.
For terms over five years and up to 10 years, the Page 5 House Judiciary Reported Substitute for HB228 prisoner shall be scheduled for initial parole consideration approximately 18 months prior to the minimum release date.
Page 7 HB228 INTRODUCED b.
b.
(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.
(4) If the prisoner is serving consecutive sentences, Page 6 House Judiciary Reported Substitute for HB228 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.
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.
If the prisoner shows, by clear and convincing 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.
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:
These rules shall be designed Page 7 House Judiciary Reported Substitute for HB228 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 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.
A requirement that the prisoner have no violent disciplinaries during a prescribed period preceding the prisoner's current application for parole consideration.
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.
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 12-25-32, conducted by a trained probation and parole officer.
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.
If the board Page 8 House Judiciary Reported Substitute for HB228 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.
(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.
(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 two years following a denial.
(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.
Page 9 House Judiciary Reported Substitute for HB228 (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.
(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;
(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." "§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;
(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.
(1) Establish a program of limited supervision for Page 10 House Judiciary Reported Substitute for HB228 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.
(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.
(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 subsections (e) and (f) of Section 15-22-32, in response to corresponding violations of parole terms or conditions imposed.
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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.
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 Page 11 House Judiciary Reported Substitute for HB228 the release decision while working to allocate prison space for the most violent and greatest risk prisoners.
(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.
(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, including restitution, and has not had his or her supervision revoked.
(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).
Page 12 House Judiciary Reported Substitute for HB228 (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.
For each person considered for medical parole, the board shall determine whether the person is a geriatric inmate, 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.
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.
By January 1 of each calendar year, the Department of Corrections shall additionally identify all inmates who have spent more than 30 Page 13 House Judiciary Reported Substitute for HB228 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.
(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 for medical parole.
(3) Institutional behavior.
Page 14 House Judiciary Reported Substitute for HB228 (3) Institutional behavior.
(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.
(f) Unless provided otherwise in this article, any medical parole under this article shall comply with Article 2, Chapter 22, Title 15.
(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.
Page 15 House Judiciary Reported Substitute for HB228 (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.
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.
The report shall be made in a manner that does not disclose any individual identifying information for any particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.
The department shall provide an inmate with a copy of all supporting documentation upon the inmate's request.
The department shall provide an inmate with a copy Page 16 House Judiciary Reported Substitute for HB228 of all supporting documentation upon the inmate's request.
(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.
(4) A notarized report of at least one other duly 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.
(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.
(c) Consideration for medical furlough shall be initiated by the submission of an a medical furlough application form, along with supporting documentation, to the Page 17 House Judiciary Reported Substitute for HB228 commissioner from the department, the inmate, or the inmate's representative, along with the department's supporting documentation to the commissioner.
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.
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 commissioner within 60 days of receipt of the application by the department.
(6) All available medical and mental health records.
Page 18 House Judiciary Reported Substitute for HB228 (6) All available medical and mental health records.
(2) An inmate released on medical furlough may reside Page 20 HB228 INTRODUCED in this state or another state.
(2) An inmate released on medical furlough may reside in this state or another state.
(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.
(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." Page 19 House Judiciary Reported Substitute for HB228 Section 3.
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