Struck = removed from the bill ·
added = the amendment's new text.
CLY5QW-1 05/07/2023 CNB (L) bm 2023-1975 Sub SB248 INTRODUCEDJUDICIARY KHQ2AU-1SUBSTITUTE ByTO SenatorSB248 BarfootOFFERED RFD:BY SENATOR BARFOOT 2 4 SYNOPSIS:
Judiciary First Read:
25-Apr-23 2023 Regular Session Page 0 KHQ2AU-1 04/19/2023 CNB (L) bm 2022-5135 2 4 SYNOPSIS:
Page 1 SB248 INTRODUCED This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
to amend Sections 12-17-184, 14-1-22, 14-1-23, 14-14-5, 15-18-176, 15-20A-48, 15-22-111, 15-22-112, Section 15-22-113, as last amended by Act 2022-382, Page 2 SB248 INTRODUCED 2022 Regular Session, Sections 15-22-115, 15-23-79, and 17-3-31, Code of Alabama 1975, to update relevant cross-references in existing law;
Page 3 SB248 INTRODUCED (3) DIRECTOR.
(b) The director shall serve as the chief executive 95 officer of the bureau and be vested with all power necessary to perform the duties assigned to the bureau by law, except specific powers assigned to the board, as provided in Section 15-22-10.41.
(1) Employing and supervising, subject to the provisions of the state Merit System, officialsemployees necessary to carry out the duties of the bureau.
Page 4 SB248 INTRODUCED (5) Maintaining a record of the board's official actions.
(6)(d) HiringExcept additionalfor employeesthe asdirector, mayall beemployees, requiredincluding byexecutive-level theemployees bureauand toprobation performand itsparole dutiesofficers and shall fixbe andsubject determineto theirthe qualifications,Merit duties,System. and authority.
The employees of the bureau, except for the director, shall be subject to the law with respect to the method, selection, classification, and compensation of state employees on the basis of merit.
(d) Except for the director, all employees, including executive-level employees, administrative hearing officers, and probation and parole officers shall be subject to the Merit System.
(4) Implementing the use of the validated risk and Page 5 SB248 INTRODUCED needs assessments.
Page 5 (7) Determining whether a parolee or probationer has violated the conditions of his or her parole or probation.
Page 6 SB248 INTRODUCED §15-22-10.05 One executive-level employee at the bureau, or its successor agency, shall be known as the Deputy Director for Parolee Rehabilitation.
Page 6 §15-22-10.06 The bureau shall require all probation and parole officers to complete all of the following training requirements within two years of their hire date:
A complete statement of the crime for which he or Page 7 SB248 INTRODUCED she was sentenced.
Page 7 g.
§15-22-10.08 The bureau may request the Department of Corrections to Page 8 SB248 INTRODUCED provide complete records kept of every inmate released on parole, including fingerprints, aliases, photographs, and any other relevant information.
(b) The director may appoint or employ parole Page 8 revocation hearing officers who shall conduct parole court.
(5) Institutional behavior of the inmate while Page 9 SB248 INTRODUCED incarcerated.
(d) The parole release guidelines shall promote the use Page 9 of prison space for the most violent and greatest risk offenders.
(b) The bureau, by rule, shall adopt guidelines and policies to ensure that the supervision and treatment of probationers and parolees is based on the individual probationer's or parolee's risk of reoffending, as determined Page 10 SB248 INTRODUCED through a validated risk and needs assessment, and that supervision and treatment resources of the bureau are prioritized to focus on those probationers and parolees with the highest risk of reoffending.
(c) The bureau shall use resources available to veterans and service members and shall annually coordinate with the Department of Veterans Affairs to ensure the most Page 10 current benefits and services are identified and available.
(5) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage Page 11 SB248 INTRODUCED the probationer or parolee to improve his or her conduct and circumstances so as to reduce his or her level of risk.
Page 11 §15-22-10.12 (a) In establishing an inmate's initial parole consideration date, the bureau shall consider all of the following:
Page 12 SB248 INTRODUCED c.
(2) For inmates 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 an Page 12 inmate has completed 85 percent of his or her total sentence or 15 years, whichever is less:
(4) If the inmate is serving consecutive sentences, the initial parole consideration date may not be set for a date before the inmate has separately served the time prescribed in Page 13 SB248 INTRODUCED this subsection for each consecutive sentence imposed.
Page 13 b.
These rules shall be designed to minimize the risk an inmate will be prejudiced by any statutory or administrative changes in parole standards or procedures that have occurred since the date of the inmate's conviction and shall include, but are not limited to, all of Page 14 SB248 INTRODUCED the following requirements:
Page 14 d.
§15-22-10.13 (a)(1) The Victim Notification Implementation Task Page 15 SB248 INTRODUCED Force, created pursuant to Act 2011-681, shall continue to guide and support the implementation of a statewide automated victim notification system in Alabama.
Page 15 b.
The Page 16 SB248 INTRODUCED task force shall meet not less than quarterly after January 1, 2012, and otherwise at the call of the chair or a majority vote of the current task force representatives.
(4) The task force shall be responsible for overseeing the development of the automated victim notification system by the Alabama State Law Enforcement Agency and integration of a process to automatically update victim information into the Page 16 automated victim notification system on a continual basis.
Upon conversion, Page 17 SB248 INTRODUCED representatives from partner agencies may be added by majority vote of the council.
No victim Page 17 advocate may be appointed for more than two consecutive terms.
The Secretary of the Alabama State Law Enforcement Page 18 SB248 INTRODUCED Agency may only expend monies in the Victim Notification System Fund with the approval of the Victim Notification Implementation Task Force or, after its conversion, the Victim Notification Oversight Council, created by this section.
(e)(1) Electronic notices, as required by this section and Sections 14-14-5, 15-22-10.14, 15-22-10.15, and 15-22-10.42 shall be produced through the automated Page 18 notification system developed and maintained by the Alabama State Law Enforcement Agency.
(3) Information and records of the bureau accessible Page 19 SB248 INTRODUCED for law enforcement purposes through the automated notification system, in addition to that available to the public as specified in this section, shall be limited to the inmate's date of birth, the supervising probation and parole officer's name, the county of residence for those inmates currently supervised in this state, and the supervising probation and parole officer's phone number.
Page 19 (4) Misuse of the automated notification system or records or information contained in the automated notification system shall be subject to criminal prosecution under Article 5A of Chapter 8 of Title 13A, Sections 41-9-601 and 41-9-602, and any other law of this state.
§15-22-10.14 At least 30 days prior to an inmate's participation in a work release program or supervised reentry program established under Chapter 8 of Title 14, participation in a community punishment and corrections program established under Article 9 of Chapter 18 of this title, participation in the Supervised Intensive Restitution program established under Article 7 of Chapter 18 of this title, or any temporary leave from prison or furlough, notification of the prisoner'sinmate's participation in the program, leave, or furlough shall be provided to the district attorney and to the victim and interested parties through the automated victim notification system established pursuant to Section 15-22-10.13.
§15-22-10.15 (a) An inmate sentenced to a period of confinement under the supervision of the Department of Corrections shall Page 20 SB248 INTRODUCED be subject to the following provisions, unless the inmate is released to a term of probation, released on parole under this chapter, or voluntarily waives release pursuant to this section:
(1) If the inmate is sentenced to a period of five years or less, he or she shall be released by the department to supervision by the bureau no less than three months and no Page 20 more than five months prior to the inmate's release date.
Page 21 SB248 INTRODUCED (2) The bureau shall determine the level of supervision required for an inmate based on the results of a validated risk and needs assessment.
(2) The bureau shall be responsible for the costs of Page 21 the electronic monitoring as required by this subsection.
The written statement delivered with the parolee by the arresting officer to the Page 22 SB248 INTRODUCED county jail or other appropriate detention facility shall be sufficient warrant for the detention of the parolee until the warrant issued by the Department of Corrections has been received at the place of detention.
If a warrant is not issued within 20 business Page 22 days, the parolee shall be released from custody.
(2) A sheriff and his or her employees shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or Page 23 SB248 INTRODUCED releasing a parolee from jail pursuant to this subsection.
Page 23 (f) An officer, other than a probation and parole officer or an officer of the prison, shall receive fees for the execution of an arrest warrant pursuant to this section.
Periods of confinement may not exceed nine 24-hourdays periods during the Page 24 SB248 INTRODUCED period of parole.
The nine 24-hourdays periods of confinement may only be imposed as 48-hourtwo-day or 72-hourthree-day consecutive periods at any single time.
(b)(1) Prior to imposing a period of confinement pursuant to subdivision (a)(5), the parolee must first be Page 24 presented with a written violation report setting forth the alleged parole violations and supporting evidence.
Page 25 SB248 INTRODUCED (1) The individual has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (f).
Page 25 (4) For any disqualifying offense, any of the following are true:
Page 26 SB248 INTRODUCED (e) If the individual has not met all of the eligibility criteria set forth in subsection (a), the bureau may not issue a Certificate of Eligibility to Register to Vote and shall notify the individual of the decision and reason for the decision within 45 days of receipt of the application.
Page 26 (f) An individual who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following shall not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section:
(14) Possession with intent to distribute child Page 27 SB248 INTRODUCED pornography.
(h) Each state or county correctional facility, prison, or jail shall post materials prepared by the Secretary of State and the bureau notifying incarcerated individuals of the Page 27 requirements and procedures for having one's voting rights restored.
§15-22-10.21 Page 28 SB248 INTRODUCED The bureau may establish and maintain one or more residential transition centers for the housing of parolees and probationers ordered to serve a period of confinement pursuant to Section 15-22-10.17 or 15-22-54.
§15-22-10.22 (a) The bureau may charge each parolee resident of a community residential facility a monthly amount for room and board which shall not exceed 25 percent of the adjusted gross Page 28 monthly income of the parolee;
(b) The bureau shall adopt rules to establish a program of limited supervision for qualifying parolees and probationers addressing eligibility using validated risk and needs assessments transfers among levels of supervision, to Page 29 SB248 INTRODUCED include the transfer of lower-risk individuals to an administrative form of parole or probation, and reporting requirements.
(c) Notwithstanding any other provision of law to the contrary, Section 41-22-5(a) through (c), Section 41-22-5.1(b), Section 41-22-6, and Section 41-22-23(a) through (e), and (g) of the Alabama Administrative Procedure Act apply to the bureau's adoption, amendment, or repeal of rules, Page 29 procedures, guidelines, or other policies, except rules, procedures, guidelines, or other policies concerning the supervision of parolees or probationers.
(b)(1) On or before October 1, 2022, subject to the availability of funds, the Bureau of Pardons and Paroles, in consultation with the Department of Corrections, shall establish the PREP pilot program to assist individuals exiting Page 30 SB248 INTRODUCED the correctional system by providing both of the following:
Ingram State Technical College, which offer to provide resources for the Page 30 program, including funding, training, and mentoring services.
Page 31 SB248 INTRODUCED (1) Provide Training locations, participants, and funding for individuals who did not receive entrepreneurship training during incarceration.
(3) Partner an individual participating in the program with a mentor who will guide the individual over a three-year period following the implementation of the individual's Page 31 business plan.
§15-22-10.40 Page 32 SB248 INTRODUCED (a) There shall be a Board of Pardons and Paroles within the bureau that consists of three members.
At least one member shall be a current or former law enforcement officer with a minimum of 10 years' experience in or with a law enforcement agency that has had among its primary duties and responsibilities the Page 32 investigation of violent crimes or the apprehension, arrests, or supervision of perpetrators.
Any appointment made by the Governor while the Senate is in regular session shall be submitted to the Senate not later Page 33 SB248 INTRODUCED than the third legislative day following the date of the appointment.
Page 33 (c) Members of the board shall be appointed for terms of six years and shall serve until their successors are appointed and qualified.
In the event the issue is Page 34 SB248 INTRODUCED determined in the court against the board member, the court shall declare the office vacant, the office shall be vacated, and a successor appointed as provided in this section.
(h) The annual compensation of the chair and each Page 34 associate member of the board shall be established by the Governor.
(b)(1) Meetings set for the purpose of conducting hearings and making determinations concerning pardons, paroles, restoration of civil and political rights, remission of fines and forfeitures, and parole revocations may be set by Page 35 SB248 INTRODUCED the chair or by a quorum of the board.
(c) The board may not approve, grant, or order any pardon, parole, remission of fines and forfeitures, or restoration of civil and political rights unless the action occurs in an open public meeting after notice has been provided to each board member and the notice requirements Page 35 provided in Section 15-22-10.42 have been satisfied.
(d) Each member of the board favoring a pardon, parole, 991 remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her detailed reasons for the decision.
(4) The chief of police in the municipality in which Page 36 SB248 INTRODUCED the crime occurred if the crime was committed in an incorporated area with a police department, or if the chief of police is no longer serving, to the current chief of police.
(8) The victim, victim's representative, or any other Page 36 interested individuals.
certified mail, Page 37 SB248 INTRODUCED return receipt requested, U.S.
Page 37 (4) The court in which the conviction occurred.
(c) If a victim, victim's representative, or otherwise interested individual requests not to be notified, the request Page 38 SB248 INTRODUCED shall be made to the bureau in writing or by electronic signature.
After a request is received, the bureau shall provide no further notifications, unless the victim, victim's representative, and otherwise interested individual subsequently requests future notifications through the automated victim notification system or by directly contacting the bureau in writing, in person, or Page 38 by telephone.
(e) After any board action is taken granting any pardon or parole, the bureau shall promptly notify all persons who timely requested pre-hearing notice, pursuant to this section, Page 39 SB248 INTRODUCED as to the action taken by the board and the conditions, if any, via the preferred method of communication provided.
§15-22-10.43 (a) In determining whether to release an inmate on parole, the board shall consider the report of investigation prepared by the bureau and the parole release guidelines Page 39 established by the bureau, pursuant to Section 15-22-10.10.
An inmate may not be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the board determines the prisonerinmate meets criteria and guidelines established by the bureau to determine the prisoner'sinmate's fitness for parole and protect public safety.
Additionally, the articulated reasons for denial of parole release does not create a right Page 40 SB248 INTRODUCED or expectation for parole release.
Page 40 (f) The board may not grant parole to any inmate for the purpose of employment by any public official of this state, nor shall any parolee be employed by an official of this state be allowed to remain on parole;
§15-22-10.44 (a) The board, in releasing aan prisonerinmate on parole, shall specify in writing the conditions of his or her parole and shall provide a copy of the conditions to the parolee.
(2) A parolee shall contribute to the support of his or Page 41 SB248 INTRODUCED her dependents to the best of his or her ability.
Page 41 (6)a.
§15-22-10.45 (a) Whenever there is reasonable cause to believe that an inmate who has been paroled has violated his or her parole, the board, a single member of the board, or a parole revocation hearing officer shallmay holddeclare parolethe courtparolee hearingto atbe thedelinquent, prisonand ortime atowed anothershall placedate asfrom maythe bedelinquency. determined.
The Department of Corrections, after receiving notice from the sheriff of the county jail where the parolee is being held, shall promptly notify the bureau of the return of a parolee Page 42 SB248 INTRODUCED charged with a violation of his or her parole.
(b)(1) The board, a single member of the board, a parole courtrevocation hearing shallofficer, beor helda withindesignated 20parole businessofficer daysshall andhold shalla considerparole thecourt casehearing ofat the paroleprison violator.or at another place as it may determine.
The parole court hearing shall be held within 20 business days and shall consider the case of the parole violator.
If the parole court determines that exigent circumstances exist that preclude holding the Page 42 hearing within 20 business days, the case shall be considered within 40 business days.
(2) If a hearing is not held within 20 business days, the parolee shall be released back to parole supervision pending the hearing, unlessor thewithin parole40 courtbusiness determinesdays if exigent circumstances existexist. that preclude holding the hearing within 20 business days.
If the parole violation was for being arrested or Page 43 SB248 INTRODUCED convicted of a new offense or absconding, the board may revoke parole and require the parolee to serve the balance of the term for which he or she was originally sentenced, or any Page 43 portion thereof, in a state prison facility, calculated from the date of his or her rearrest as a delinquent parolee.
The Department of Corrections shall reimburse the state mileage rate to the county, as determined by the state Comptroller's Office, for any parolee charged with, or sanctioned or revoked for, a parole violation and who is transferred to or from a Department of Corrections facility or to or from a consenting Page 44 SB248 INTRODUCED county jail by the county.
(2) Upon completion of the confinement period and release from confinement, the parolee shall automatically Page 44 continue on parole for the remaining term of the sentence without further action from the board.
A sheriff and his or her employees shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail Page 45 SB248 INTRODUCED pursuant to this subdivision.
§15-22-10.46 No state official shall appear or otherwise represent Page 45 an applicant before the board for any consideration or thing of value unless the official was counsel of record for the applicant during a trial or hearing in the regular judicial process that led to the applicant's present status.
§15-22-10.47 (a)(1)(a) ExcludingIf paroleesthe convictedboard ofgrants aan violentinmate offense,parole, asthe definedinmate inshall Sectionbe 12-25-32, and parolees convicted of aggravated theft by deception, pursuant to 13A-8-21, no individual released on parole may be discharged from paroleprison priorupon to the expirationterms ofand theconditions fullset maximum term for which he or she was sentenced, unless the board chooses to discharge the parolee early based on a review of the parolee under guidelines established by the bureau.board.
While released on parole, the inmate 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.
(b)(1) Excluding parolees convicted of a violent offense, as defined in Section 12-25-32, and parolees convicted of aggravated theft by deception, pursuant to 13A-8-21, no individual released on parole may be discharged from parole supervision prior to the expiration of the full maximum term for which he or she was sentenced, unless the board chooses to discharge the parolee early based on a review of the parolee under guidelines established by the bureau.
(b)Page 46 (c) The board may at any time relieve a parolee from making further reports and may permit the parolee to leave the state or county if satisfied that this is for the best interests of society.
Page 46 SB248 INTRODUCED §15-22-10.48 (a) Any inmate convicted of any of the following offenses, or attempts thereof, that directly and proximately resulted in serious physical injury to another, where the offense was committed within five years of a prior felony conviction, or attempt thereof, resulting in serious physical injury to another, upon conviction and a sentence to a term of years, shall serve his or her sentence without the possibility of parole:
(b) Any individual whose sentence to death has been Page 47 commuted by the Governor is not eligible for parole.
(c) This section may not be construed to deny any individual whose sentence of death has been commuted the right to apply to the courts of this state for any remedy that the Page 47 SB248 INTRODUCED individual is entitled to under the laws of this state.
§15-22-10.51 (a) The duties imposed upon the members of the board by this article are mandatory, and the limitations and restrictions on the powers of the board or the members shall Page 48 be strictly construed.
(b) Any member of the board who knowingly or willfully neglects or fails to perform any of his or her duties shall be guilty of a felony and, upon his or her conviction, shall be Page 48 SB248 INTRODUCED punished by imprisonment for not less than one nor more than five years.
(b) Subject to Section 15-22-10.49, as a condition of parole, a court shall order an offender convicted of a sex offense involving an individual under 13 years of age to undergo chemical castration treatment, in addition to any Page 49 other punishment prescribed for that offense or any other provision of law.
(c) An offender required to undergo chemical castration treatment shall begin the treatment not less than one month Page 49 SB248 INTRODUCED prior to his or her release from custody of the Department of Corrections and shall continue receiving treatment until the court determines the treatment is no longer necessary.
In the event the Page 50 offender is determined to be indigent, a periodic review of the offender's indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
Page 50 SB248 INTRODUCED (e) In addition to any condition of parole under subsection (b), as a condition of parole, an offender released on parole under this section shall authorize the Department of Public Health to share with the bureau all medical records relating to the offender's chemical castration treatment.
Page 51 "§15-18-71 When a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable during the period of imprisonment when the defendant has any Page 51 SB248 INTRODUCED asset or other income or any portion thereof to which a defendant is or may be entitled.
When the parolee defaults in the payment thereof or any installment of restitution, the parole board Board of Pardons and Paroles on motion of the victim or, Page 52 the district attorney, or the supervising probation and parole officer, may require the defendant to show cause why his the default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and Page 52 SB248 INTRODUCED after due process may revoke his parole.
Page 53 (b) It is the intent of this section that county and local governments contribute only to the establishment, renovation, furnishing, and maintenance of the physical plant of the restitution center and that the Board of Bureau of Page 53 SB248 INTRODUCED Pardons and Paroles support the operation of the centers and have the responsibility of offenders in such the centers.
Page 54 (3) To developDevelop pilot programs of counseling, training, and job placement whereby where restitution may be accomplished;
The programs may be residential or nonresidential as appropriate." Page 54 SB248 INTRODUCED Section 3.
A person state inmate who is 60 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who requires assistance with a necessary daily life function and poses a low risk to the community, and who does not constitute a danger to himself or, herself, or society.
Page 55 b.
A state inmate who has an Page 55 SB248 INTRODUCED incurable condition caused by illness or disease which would, with reasonable medical judgment, produce death within 12 months, and who does not constitute a danger to himself or, herself, or society." "§15-22-43 (a)(1) The bureauBoard of Pardons and Paroles , by rule, shall establish a special medical parole docket and adopt the rules for implementation pursuant to Section 15-22-24(e).
(2) TheUpon request from the bureau, the Department of Corrections shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated, and Page 56 terminally ill inmates who are otherwise eligible for parole, subject to the limitations provided under Section 15-22-28(e)15-22-10.12.
(3) By January 1 of each calendar year, the Department Page 56 SB248 INTRODUCED of Corrections shall additionally identify provide the bureau with a list of all inmates who have spent more than 30 or more days in an infirmary in the prior calendar year or, inmates who have received costly and frequent medical treatment outside a Department of Corrections facility in the previous 12 months, as well as all and 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)15-22-10.12, and shall immediately provide this information to the board to.
(d) In determining factors for a medical parole, the Page 57 board shall take into consideration all of the following:
Page 57 SB248 INTRODUCED (4) Age of the inmate, currently and at the time of the offense.
The report shall be made in a manner that does not disclose any individual identifying information for any Page 58 particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.
(h) This article shall not be deemed to grant any entitlement or right to release." Page 58 SB248 INTRODUCED "§15-22-51 (a) 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:
(2)(b) Whenever practicable, such investigation shall Page 59 include physical and mental examinations of the defendant;
provided, Page 59 SB248 INTRODUCED that in all cases where the If a defendant was on bond prior to the time of to 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." "§15-22-53 (a) A probation officer or 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.
SuchThe probation officer shall keep informed concerning the monitor the conduct and condition of each person on probation probationer under his or her supervision by visiting, requiring reports, and in other ways taking other measures as necessary, based on the Page 60 offender'sprobationer's measured risk of offending, and he or she shall report thereon in writing as often as the court or the board may requirereoffending.
Additionally, the probation officer, upon the court's request, shall provide written Page 60 SB248 INTRODUCED reports regarding the probationers.
(c)(e) In no case shall the right to inspect the report Page 61 be denied the defendant or right to his or her counsel be denied the defendant after the report has been completed or filed." "§15-22-54 Page 61 SB248 INTRODUCED (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.
Page 62 (c) At any time during the period of probation or suspension of execution of sentence, the court may issue a warrant and have the defendant probationer arrested for violating any of the conditions of probation or suspension of Page 62 SB248 INTRODUCED sentence, and the court shall hold a violation hearing.
(e) After conducting a violation hearing and finding sufficient evidence to support a probation violation, the Page 63 court may take any of the following actions:
If the underlying offense was a Class D felony and his or her probation is revoked, the incarceration portion of any split sentence imposed due to revocation shall be Page 63 SB248 INTRODUCED limited to two years or one-third of the original suspended prison sentence, whichever is less.
The probationer shall be held in the county jail of the county in which the violation occurred while awaiting the Page 64 revocation hearing.
For purposes of revocation, the court may take judicial notice of the three Page 64 SB248 INTRODUCED total periods of confinement under this paragraph.
The maximum 45 day Page 65 term of confinement ordered pursuant to this subsection for a 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.
If the time remaining on Page 65 SB248 INTRODUCED the imposed sentence is 45 days or less, the term of confinement may not exceed the remainder of the defendant's sentence.
If, while in custody of the county jail, the a probation violator develops a serious health condition, if the a confinement of Page 66 the probation violator creates a security risk to the county 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 Page 66 SB248 INTRODUCED jurisdiction over the probation violator.
Periods of confinement under this subdivision may not exceed six nine days per month during any three separate months nine 24-hour periods during the period of probation.
The six nine days per month confinement period nine 24-hour periods of confinement period may only be imposed as two-day or three-day48-hourthree-day or 72-hour consecutive periods at any single time.
Page 67 b.
Page 67 SB248 INTRODUCED (g)(1) Prior to imposing a sanction period of confinement pursuant to subsection subdivision (f)(5), 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 68 period recommended in the violation report and designated in on the waiver.
The probationer may not request a review if he or she has signed a written waiver of rights as provided in Page 68 SB248 INTRODUCED this subsection.
Such The sums shall be retained by the board bureau and placed in the Probationer's Upkeep Fund in the State Treasury to defray the expense of administering this program and are hereby appropriated therefor." "§15-22-57 Page 69 The Board Bureau of Pardons and Paroles shall adopt and promulgate regulations rules and guidelines to do all of the following:
Page 69 SB248 INTRODUCED (1) Establish a program of limited supervision for probationers who qualify, addressing eligibility using validated risk and needs assessments, as defined in Section 12-25-32, transfers among levels of supervision, to which include the transfer of lower-risk individuals to an administrative form of probation, and reporting requirements;.
Page 70 "§12-17-184 It is the duty of every district attorney and assistant district attorney, within the circuit, county, or other Page 70 SB248 INTRODUCED territory for which he or she is elected or appointed to do all of the following:
(6) To attend Attend each special session of the Page 71 circuit court held for the trial of persons charged with criminal offenses;
and on failure to do so, a conditional judgment may be rendered against him or her for fifty dollars Page 71 SB248 INTRODUCED ($50), to be made permanent on notice at the next session thereafter of court unless a good excuse is rendered.
(9) To, whenever Whenever requested to do so by the Governor of Alabama or by the Board Bureau of Pardons and Paroles, make a full and thorough investigation in fully investigate each case arising in their circuit, county, or division of a county, and fully make a full report of their findings, with and make recommendations that to include a recommendation as to whether a pardon or parole shall be granted or refused, and they shall assign fully and in detail their including detailed reasons for the recommendations.
They shall advise any parole officer who may have jurisdiction in their respective circuits, county, or division of a county and shall, when called upon by the parole officer, make a full, thorough, and impartial investigation of each case being investigated and give all information possible with reference Page 72 to such the case and shall advise him or her upon his or her request with reference to the law and procedure on all matters pertaining to the office of the parole officer.
They shall, whenever called upon by the Governor or the Board Page 72 SB248 INTRODUCED of Pardons and Paroles, go to Montgomery or to any other place where a case with which they are familiar is being investigated and appear specially before the Governor or before the Board of Pardons and Paroles.
They shall cooperate fully with the Governor and with the Board Bureau of Pardons and Paroles with reference to any cases which have arisen in their respective circuits, counties, or division of a county and shall render all assistance possible in furnishing information needed by the Governor or the Board Bureau of Pardons and Paroles, furnishing any information and making any investigation which may be needed in the proper handling of such the pardon or parole and the investigation thereof.
Additionally,(10) theyTo shallgo appearto beforeany place in the BoardState of PardonsAlabama and Parolesprosecute any case or cases, or work with any grand jury, when called upon to do so by the Attorney General or the Governor of the State of Alabama, and provideto theirattend recommendationssessions onof whethercourts aand pardontransact all of the duties of the district attorney in the courts whenever called upon by the Attorney General or parolethe shallGovernor beto granted.do so.
(10)(11) ToAll godistrict toattorneys anyand placeall infull-time theassistant Statedistrict ofattorneys Alabamashall anddevote prosecuteDevote anytheir caseentire ortime cases,to orthe workdischarge withof anythe grandduties jury,of whentheir calledrespective uponofficesoffice, toand doeach soand byevery theone Attorney General or the Governor of the Stateofficers ofare Alabama,prohibited andfrom topracticing attendlaw, sessionsdirectly ofor courtsindirectly, andin Appear before any court or grand jury of this statePage to73 transactstate allor of the dutiesUnited ofStates, theor districtin attorneyany inother themanner courtsor wheneverform calledwhatsoever, uponexcept byin the Attorneydischarge Generalof or the Governorofficial toduties doof so.their officesoffice.
(11) All district attorneys and all full-time assistant district attorneys shall devote Devote their entire time to the discharge of the duties of their respective officesoffice, and each and every one of the officers are prohibited from practicing law, directly or indirectly, in any court of this Page 73 SB248 INTRODUCED state or of the United States, or in any other manner or form whatsoever, except in the discharge of the official duties of their officesoffice.
(16) To attend all clemency hearings before the Governor of Alabama, in all cases arising in their judicial circuits, and furnish to the Governor, at those hearings, all Page 74 SB248 INTRODUCED pertinent information in their possession concerning the applicant or applicants for clemency.
(22) To report(21) Report to the State Board of Medical Examiners the name and address of any physician who is indicted or otherwise charged with any felony or any Page 75 SB248 INTRODUCED misdemeanor related to the practice of medicine, or any violation of Section 32-5A-191.
Where county jails are used for the housing and care of such parolees and probationers, the agreements shall be implemented and the county jails shall be designated as provided by Section 14-1-23." "§14-1-23 Page 76 SB248 INTRODUCED (a) For the purpose of establishing consenting county jails for the housing and care of parolees and probationers pursuant to Sections 15-22-32 15-22-10.45 and 15-22-54, the Department of Corrections, in consultation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama, shall develop an application and a standard memorandum of agreement to be used by county commissions and sheriffs who agree to provide housing and care to parolees and probationers who have been charged with, or sanctioned or revoked for, a parole or probation violation.
(2) A determination of the daily cost of housing and caring for prisoners inmates in the county jail during the previous 12-month period.
(c)(1) A county commission that, with the consent of the sheriff, elects to provide for the housing and care of parole and probation violators, pursuant to Sections 15-22-32 15-22-10.45 and 15-22-54, shall submit an application to the Department of Corrections, submit to an inspection of the county jail by the department to determine its ability to house inmates and to provide for their housing and care, and provide any other documentation and information required by Page 77 SB248 INTRODUCED the department.
(e) Procedures for the transfer or release of parolees and probationers at the end of confinement for violations and Page 78 SB248 INTRODUCED other procedures necessary to efficiently implement this section shall be established by the department, in consultation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama.
Page 79 SB248 INTRODUCED (2) The commissioner shall provide the initial application and medical authorization forms to all department medical care providers, and the forms shall be available at every correctional facility for distribution to inmates.
Page 80 SB248 INTRODUCED (2) Criminal history.
(g) 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 Page 81 SB248 INTRODUCED 15-22-36.215-22-10.42." "§15-18-176 (a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the proposed program.
The performance-based Page 82 SB248 INTRODUCED reimbursement plan outlined in the application process and procedures should shall also include higher reimbursement rates for community punishment and corrections plans that include behavioral health assessment and treatment referral, to include behavioral and substance abuse treatment, for community punishment and corrections program participants, as well as for local probationers and parolees under the supervision of the Board Bureau of Pardons and Paroles.
(d) The application process and procedures should shall include a requirement that each community punishment and corrections plan establish guidelines to ensure that the supervision and treatment of offenders participating in a community punishment and corrections program is, to the extent practicable, is individualized based on the offender's risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, and is administered by the community punishment and corrections program, and that Page 83 SB248 INTRODUCED treatment and supervision resources, as well as behavioral health assessment and treatment referral services, are, within the resources available, are prioritized based on those offenders who have the highest risk of reoffending.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's attorney for the juvenile sex offender, of the pending release of the sex offender and Page 84 SB248 INTRODUCED provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26(c).
(g) For the purpose of Sections 38-13-2 and 38-13-4, a sex crime shall also include any offense listed in this chapter pursuant to Section 15-20A-5." "§15-22-111 The purpose of this article is to establish a process for the consideration of posthumous pardons by the State Board of Pardons and Paroles for certain felons." Page 85 SB248 INTRODUCED "§15-22-112 The following words shall have the following meanings for the purposes of this article:
Page 86 SB248 INTRODUCED (b) A petitioner may petition the board to consider granting a posthumous pardon for a specific compelling reason or reasons for the purpose of remedying social injustice evident by the person's circumstances of conviction.
The board shall not be required to Page 87 SB248 INTRODUCED conduct an investigation to consider or grant a posthumous pardon in accordance with this article, but may rely on the written petition and accompanying documentation or evidence, along with evidence presented at the hearing.
All Board of Pardons and Paroles' bureaus' files and records Page 88 SB248 INTRODUCED created and maintained pursuant to this article shall be subject to the absolute governmental privilege created by subsection (b) of Section 15-22-3615-22-10.41(b)." "§15-23-79 (a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner's inmate's Department of Corrections records.
The statement shall be considered during any review for community status of the prisoner inmate or prior to release of the prisoner.prisonerinmate.
In addition, any person who has been Page 89 SB248 INTRODUCED granted a Certificate of Eligibility to Register to Vote by the Board Bureau of Pardons and Paroles pursuant to Section 15-22-36.115-22-10.18, shall be permitted to register or reregister as an elector upon submission of a copy of the certificate to the board of registrars of the county of his or her residence if otherwise qualified as an elector." Section 5.
15-22-28(c) (a) Temporary leave from prison may only be granted by the Commissioner of the Department of Corrections to aan prisonerinmate for good and sufficient reason and may be granted within the state or outside the state.
(c)(1) The commissioner shall provide written notice to the Bureau of Pardons and Paroles of any prisonerinmate given temporary leave, including the reason leave was granted.
(2) The bureau shall place the notice in the prisoner'sinmate's file.
Page 90 SB248 INTRODUCED Section 7.