SB 157 — Relating to parolees and probationers; to amend Sections 15-22-31 and 15-22-54, Code of Alabama 1975, to allow a law enforcement officer to arrest a parolee or probationer without a warrant in certain circumstances; to require the Board of Pardons and Paroles to send the Alabama State Law Enforcement Agency the conditions of parole for an individual released on parole; to require a court to provide to the Alabama State Law Enforcement Agency the conditions of probation for an individual released on probation; and to require the Alabama State Law Enforcement Agency to make the conditions of parole or probation available to law enforcement officers and other authorized persons through the Law Enforcement Tactical System.

SB157 ENGROSSEDENROLLED 5R1B36-25R1B36-3 By Senator Elliott RFD:

04-Apr-23 2023 Regular Session Page 0 SB157 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to parolees and probationers;

"§15-22-31 (a) If When the parole officer having charge of a paroled prisoner supervising a parolee or any member of the Board of Pardons and Paroles shall have has reasonable cause Page 1 SB157 Engrossed to believe that such prisonerthe parolee has lapsed, or is probably about to lapse, into criminal ways or company or has violated the conditions of his or her parole in an important respect, such, the parole officer or board member may report such fact the violation to the Department of Corrections, Page 1 SB157 Enrolled which shall thereupon issue a warrant for the retaking of such prisoner and his return to the prison designated and request the department to issue a warrant to arrest the parolee.

A parolee shall not be held longer than 20 days Page 2 SB157 Engrossed on the order of the parole officer awaiting the arrival of the warrant as provided for in this sectionissued by the department.

Page 2 SB157 Enrolled (c) If the parolee is presented to the county jail with a serious medical condition, if the admittance of the parolee would create a security risk to the county jail, or if the jail is near, at, or over capacity, the sheriff may refuse to admit the parolee.

(c)(d) Any parole officer, any officer authorized to serve criminal process or any peace officer to whom such or law enforcement officer with power of arrest to whom the warrant, issued by the Department of Corrections pursuant to subsection (a), is delivered shall be delivered is authorized and required to execute such the warrant by taking such Page 3 SB157 Engrossed prisoner arresting the parolee and returning him or her to the prison designated by the Department of Corrections, there to be held to await.

(d) Such(e) An officer, other than an officer of the Page 3 SB157 Enrolled prison or parole officer, shall be entitled to receive the same fees therefor as upon for the execution of a an arrest warrant of arrest at the place where the prisoner shall be retaken and as for transporting a convict.

An officer who transports the parolee from the place of arrest to the 95 designated prison, in case such officer also transports the prisoner shall receive fees for transporting the parolee to the prison.

Such The fees shall be paid out of the funds standing to the credit of the Department of Corrections." "§15-22-54 95 (a) The period of probation or suspension of execution of sentence shall be determined by the court and may not be waived by the defendant.

(b) The court granting probation, upon the Page 4 SB157 Engrossed recommendation of the officer supervising the probationer, may terminate all authority and supervision over the probationer prior to the declared date of completion of probation upon showing a continued satisfactory compliance with the conditions of probation over a sufficient portion of the Page 4 SB157 Enrolled period of the probation.

(d) Except as provided in Chapter 15 of Title 12, any probation officer, police officer, or other law enforcement officer with power of arrest, when requested by the probation officer, may arrest a probationer without a warrant if the probationer violates the conditions of probation in the Page 5 SB157 Engrossed presence of the arresting officer.

When an arrest is made without a warrant, the arresting officer shall have a written statement by the probation officer setting forth that the probationer has, in his or her judgment, violated the conditions of probation, and the statement shall be sufficient Page 5 SB157 Enrolled warrant for the detention of the The arresting officer, or his or her agency, as soon as practicable, but no later than 24 hours following the arrest, shall notify the Board of Pardons and Paroles of the probationer's arrest.

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 aggravated theft by deception pursuant to Section 13A-8-2.1, the court shall revoke probation and require the probationer to serve the balance of the term for which he or she was Page 6 SB157 Engrossed originally sentenced, or any portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent probationer.

If the probation violation was for being arrested or convicted of a new offense or absconding, the court may revoke Page 6 SB157 Enrolled probation and require the probationer 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 probationer.

For purposes of Page 7 SB157 Engrossed revocation, the court may take judicial notice of the three total periods of confinement under this subsection.

The maximum 45 day term of confinement ordered pursuant to this subsection for a Page 7 SB157 Enrolled felony shall be reduced by any time served in custody prior to the imposition of the period of confinement and shall be credited to the suspended sentence.

(5) If a probation violator with a serious health condition 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 confinement of the probation violator would create a security risk to the county Page 8 SB157 Engrossed jail, or if the county jail is near, at, or over capacity, the sheriff may refuse to admit the probation violator.

If, while in custody of the county jail, the a probation violator develops a serious health condition, if the a confinement of the probation violator creates a security risk to the county Page 8 SB157 Enrolled jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the probation violator upon notification to the probation officer and to the court who has jurisdiction over the probation violator.

Periods of confinement under this subdivision may not exceed six days per month during any three separate months during the period of Page 9 SB157 Engrossed probation.

(g)(1) Prior to imposing a sanction pursuant to Page 9 SB157 Enrolled subsection (f), the probationer must first be presented with a written violation report, with setting forth the alleged probation violations and supporting evidence.

Upon the signing of a waiver of these rights by the probationer and the supervising probation officer, with approval of a the probation officer's supervisor, the probationer may be treated, monitored, or confined for the Page 10 SB157 Engrossed period recommended in the violation report and designated in on the waiver.

(h) The board shall adopt guidelines and procedures to Page 10 SB157 Enrolled implement the requirements of this section, which shall include the requirement of a supervisor's approval prior to a supervising probation officer's exercise of the delegation of authority authorized by subsection (f)." Section 2.

(b) The Alabama State Law Enforcement Agency shall ensure that the conditions of probation received by a court Page 11 SB157 Engrossed may be viewed by law enforcement officers and other authorized persons through the Law Enforcement Tactical System.

Page 11 SB157 Enrolled The parolee may be held as long as necessary, but no longer than four hours after arrest, to give the board the opportunity to subject the parolee to the electronic monitoring required pursuant to Section 15-22-29, Code of Alabama 1975.

Page 12 SB157 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................04-Apr-23________________________________________________ toSpeaker of the House of Representatives SB157 Senate committee18-May-23 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................27-Apr-23and onpassed the calendar:Senate, as amended.

0 amendments Read for the third time and passed ................18-May-23 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 13of Representatives Passed:

06-Jun-23 By:

Senator Elliott Page 13