Alabama 2022 Regular Session

Alabama House Bill HB243 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB243
2	2	2 216839-1
3	3	3 By Representatives Rafferty, Coleman and England
4	4	4 RFD: Judiciary
5	5	5 First Read: 02-FEB-22
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7	7	Page 0 1 216839-1:n:02/01/2022:CNB/bm LSA2022-471
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14	14	8 SYNOPSIS: Under existing law, the Board of Pardons and
15	15	9 Paroles is required to consider certain factors in
16	16	10 determining whether to grant parole.
17	17	11 This bill would revise the criteria for
18	18	12 parole consideration.
19	19	13 This bill would also make nonsubstantive,
20	20	14 technical revisions to update the existing code
21	21	15 language to current style.
22	22	16
23	23	17 A BILL
24	24	18 TO BE ENTITLED
25	25	19 AN ACT
26	26	20
27	27	21 Relating to parole; to amend Section 15-22-24, as
28	28	22 last amended by Act 2021-545, 2021 Regular Session, and
29	29	23 Sections 15-22-26 and 15-22-37, Code of Alabama 1975; to
30	30	24 further provide for parole consideration; and to also make
31	31	25 nonsubstantive, technical revisions to update the existing
32	32	26 code language to current style.
33	33	27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34	34	Page 1 1 Section 1. Section 15-22-24, as last amended by Act
35	35	2 2021-545, 2021 Regular Session, and Sections 15-22-26 and
36	36	3 15-22-37, Code of Alabama 1975, are amended to read as
37	37	4 follows:
38	38	5 "§15-22-24.
39	39	6 "(a) The Board of Pardons and Paroles shall be
40	40	7 charged with all of the following:
41	41	8 "(1) Determining which prisoners serving sentences
42	42	9 in the jails and prisons of the State of Alabama may be
43	43	10 released on parole and when and under what conditions.
44	44	11 "(2) Supervising all prisoners released on parole or
45	45	12 placed on probation by courts exercising criminal
46	46	13 jurisdiction.
47	47	14 "(3) Conducting investigations that may be necessary
48	48	15 by the courts or the board regarding parolees and
49	49	16 probationers.
50	50	17 "(4) Implementing the use of validated risk and
51	51	18 needs assessments, as defined in Section 12-25-32, by
52	52	19 probation and parole officers.
53	53	20 "(5) Determining whether a parolee or probationer
54	54	21 has violated the conditions of his or her parole or probation.
55	55	22 Regarding parolees, deciding what action should be taken for a
56	56	23 parole violation. Regarding probationers, reporting any
57	57	24 probation violations to the judges of the courts having
58	58	25 jurisdiction of the probationers.
59	59	26 "(6) Aiding parolees and probationers to secure
60	60	27 employment.
61	61	Page 2 1 "(b) Between October 1 and December 31 of each year,
62	62	2 the board shall report its activities and functions during the
63	63	3 preceding year to the Governor, to the Secretary of State, and
64	64	4 to the Department of Archives and History. A copy shall be
65	65	5 maintained in the permanent records of the board.
66	66	6 "(c) The board may accept grants, gifts, or other
67	67	7 funds for the operation of the board.
68	68	8 "(d) The board may enter into contracts to
69	69	9 accomplish the objectives of the board.
70	70	10 "(e) The board shall adopt policy and procedural
71	71	11 guidelines for establishing initial parole consideration
72	72	12 dockets based on all of the following:
73	73	13 "(1) Evaluation of a prisoner's prior record.
74	74	14 "(2) The nature and severity of the present offense.
75	75	15 "(3) The potential for future violence.
76	76	16 "(4) The community attitude toward the offender to
77	77	17 include input from the victim or victims, the family of the
78	78	18 victim or victims, prosecutors, and law enforcement entities.
79	79	19 "(5) Any other criteria established by the board
80	80	20 pursuant to Section 15-22-37.
81	81	21 "(f) Any individual who retires from the Board of
82	82	22 Pardons and Paroles as a probation and parole officer shall
83	83	23 receive his or her badge and pistol as part of the retirement
84	84	24 benefits, without cost to him or her.
85	85	25 "(g) [Reserved]
86	86	26 "(h) No state official shall appear or otherwise
87	87	27 represent an applicant before the board for any consideration
88	88	Page 3 1 or thing of value unless the official was counsel of record
89	89	2 for the applicant during a trial or hearing in the regular
90	90	3 judicial process that led to the applicant's present status;
91	91	4 however, no state official shall be prohibited from appearing
92	92	5 without consideration before the board or board panel on
93	93	6 behalf of an applicant.
94	94	7 "(i) The board may conditionally transfer a prisoner
95	95	8 to the authorities of the federal government or any other
96	96	9 jurisdiction entitled to his or her custody to answer pending
97	97	10 charges or to begin serving a sentence in response to a
98	98	11 properly filed detainer from the other jurisdiction. The
99	99	12 conditionally transferred prisoner shall remain in the legal
100	100	13 custody of the warden of the institution from which he or she
101	101	14 was transferred. Should any conditionally transferred prisoner
102	102	15 satisfy all detainers against him or her prior to completion
103	103	16 of the Alabama sentence, the prisoner may not be released from
104	104	17 custody without further order of the board.
105	105	18 "(j) The board and its agents may administer oaths
106	106	19 and affirmations, examine witnesses, and receive evidence on
107	107	20 all matters to be considered by the board.
108	108	21 "(k) The board shall develop and adopt guidelines
109	109	22 and policies to ensure that any treatment programs or
110	110	23 providers utilized by the board in the supervision of
111	111	24 probationers and parolees implement evidence-based practices,
112	112	25 as defined in Section 12-25-32, designed to reduce recidivism
113	113	26 among probationers and parolees and shall cooperate with the
114	114	27 Office of the Governor in evaluating the programs and
115	115	Page 4 1 providers. The Office of the Governor shall ensure that
116	116	2 treatment programs and providers that receive funding from the
117	117	3 state or through court-ordered monies utilize funding and
118	118	4 monies for programs reasonably expected to reduce recidivism
119	119	5 among probationers and parolees.
120	120	6 "(l) The board shall develop and adopt guidelines
121	121	7 and policies to ensure that the supervision and treatment of
122	122	8 probationers and parolees be based on the individual
123	123	9 probationer's or parolee's risk of reoffending, as determined
124	124	10 through a validated risk and needs assessment as defined in
125	125	11 Section 12-25-32, and that supervision and treatment resources
126	126	12 of the board are prioritized to focus on those probationers
127	127	13 and parolees with the highest risk of reoffending. The board
128	128	14 shall include resources available to veterans and service
129	129	15 members and shall annually coordinate with the Department of
130	130	16 Veterans Affairs to ensure the most current benefits and
131	131	17 services are identified and available. Supervision and
132	132	18 treatment of probationers and parolees shall include all of
133	133	19 the following:
134	134	20 "(1) Use of a validated risk and needs assessment,
135	135	21 as defined in Section 12-25-32.
136	136	22 "(2) Use of assessment results to guide the
137	137	23 appropriate level of supervision responses consistent with the
138	138	24 level of supervision and evidence-based practices used to
139	139	25 reduce recidivism.
140	140	26 "(3) Collateral and personal contacts with the
141	141	27 probationer or parolee and community that may be unscheduled
142	142	Page 5 1 and that shall occur as often as needed based on the
143	143	2 probationer's or parolee's supervision level. The supervision
144	144	3 level shall be based on risk of reoffense as determined
145	145	4 through a validated risk and needs assessment. The contacts
146	146	5 shall keep the supervising officers informed of the
147	147	6 probationer's or parolee's conduct, compliance with
148	148	7 conditions, and progress in community-based intervention.
149	149	8 "(4) Case planning for each probationer or parolee
150	150	9 based on risk of reoffense and needs identified and
151	151	10 prioritized based on associated risk.
152	152	11 "(5) Use of practical and suitable methods that are
153	153	12 consistent with evidence-based practices to aid and encourage
154	154	13 the probationer or parolee to improve his or her conduct and
155	155	14 circumstances so as to reduce his or her level of risk.
156	156	15 "(m) The board shall require all probation and
157	157	16 parole officers to complete all of the following training
158	158	17 requirements within two years of their hire date:
159	159	18 "(1) Assessment techniques.
160	160	19 "(2) Case planning.
161	161	20 "(3) Risk reduction strategies.
162	162	21 "(4) Effective communication skills.
163	163	22 "(5) Behavioral health needs.
164	164	23 "(6) Application of core correctional practices,
165	165	24 including motivational interviewing, basic principles of
166	166	25 cognitive therapy, structured skill building, problem solving,
167	167	26 reinforcement, and use of proper authority.
168	168	27 "(7) Mental health training.
169	169	Page 6 1 "(7)(8) Other topics identified by the board as
170	170	2 evidence-based practices as defined in Section 12-25-32.
171	171	3 "(n) The board may expend funds appropriated for the
172	172	4 purposes of recruitment materials and training of law
173	173	5 enforcement officers and support staff, educating the public,
174	174	6 and promoting the agency's mission.
175	175	7 "(o) The board may not regulate or exercise
176	176	8 authority over, or related to, the operation, management,
177	177	9 regulations, policies, or procedures of any local confinement
178	178	10 facility, including, but not limited to, county jails,
179	179	11 community corrections programs, or drug courts.
180	180	12 "§15-22-26.
181	181	13 "(a) No prisoner shall be released on parole merely
182	182	14 as a reward for good conduct or efficient performance of
183	183	15 duties assigned in prison, but only if the Board of Pardons
184	184	16 and Paroles is of the opinion that the prisoner meets criteria
185	185	17 and guidelines established by the board to determine a
186	186	18 prisoner's fitness for parole and to ensure public safety. The
187	187	19 guidelines shall serve as an aid in the parole process and
188	188	20 shall promote the use of prison space for the most violent and
189	189	21 greatest risk offenders, while recognizing that the board's
190	190	22 paramount duty is to protect public safety. The guidelines
191	191	23 shall be structured, actuarially based, reviewed every three
192	192	24 years by the board, after a specified open comment period
193	193	25 determined by the board, and posted on the website of the
194	194	26 board and include, but not be limited to, the following Parole
195	195	27 shall be granted to any prisoner appearing before the board
196	196	Page 7 1 who is eligible for release on parole, unless the parole case
197	197	2 file demonstrates there is a current and unreasonable risk the
198	198	3 prisoner will violate the law if released and the risk cannot
199	199	4 be mitigated by parole supervision. In making the parole
200	200	5 release decision, all of the following shall be considered:
201	201	6 "(1) The prisoner's risk to reoffend, based upon a
202	202	7 validated risk and needs assessment as defined in Section
203	203	8 12-25-32 The institutional record, including program goals and
204	204	9 accomplishments, academic achievements, vocational education,
205	205	10 training or work assignments, therapy, and interactions with
206	206	11 staff and other prisoners.
207	207	12 "(2) Progress by the prisoner and the Department of
208	208	13 Corrections to plan for reentry Release plans, including
209	209	14 community resources, employment, education, and training and
210	210	15 support services available to the prisoner.
211	211	16 "(3) Input from the victim or victims, the family of
212	212	17 the victim or victims, the sentencing judge, prosecutors, and
213	213	18 law enforcement entities.
214	214	19 "(4) Participation in risk-reduction programs while
215	215	20 incarcerated.
216	216	21 "(5) Institutional behavior of the prisoner while
217	217	22 incarcerated.
218	218	23 "(6) Severity of the underlying offense for which
219	219	24 the prisoner was sentenced to incarceration, with due
220	220	25 consideration to the type of sentence, length of sentence, the
221	221	26 pre-sentence report, consideration of any mitigating and
222	222	Page 8 1 aggravating factors, and activities following arrest prior to
223	223	2 confinement.
224	224	3 "(7) Performance, if any, as a participant in a
225	225	4 temporary release program.
226	226	5 "(8) Prior criminal record, including the nature and
227	227	6 pattern of offenses, adjustment to any previous probation or
228	228	7 parole supervision, and institutional confinement.
229	229	8 "(9) All evidence of rehabilitation and reform.
230	230	9 "(b) Except as provided in Section 15-22-37, if the
231	231	10 board grants a prisoner parole, the prisoner shall be released
232	232	11 from prison upon the terms and conditions set by the board,
233	233	12 and while released on parole, shall remain in the legal
234	234	13 custody of the warden of the prison from which he or she is
235	235	14 paroled until the expiration of the maximum term specified in
236	236	15 his or her sentence or until he or she is fully pardoned.
237	237	16 "(c) The board shall clearly articulate its reasons
238	238	17 for approval or denial of parole for each prisoner, based on
239	239	18 its established guidelines, and shall provide the reasons for
240	240	19 approval or denial to the prisoner, the victim, the Department
241	241	20 of Corrections, or any other interested party upon written
242	242	21 request submitted to the board. The use of established
243	243	22 guidelines for parole consideration shall not create a right
244	244	23 or expectation by a prisoner to parole release. Additionally,
245	245	24 the articulated reasons for denial of parole release shall not
246	246	25 create a right or expectation for parole release. The
247	247	26 guidelines shall serve as an aid in the parole decisionmaking
248	248	Page 9 1 process, and the decision concerning parole release shall be
249	249	2 at the complete discretion of the board.
250	250	3 "§15-22-37.
251	251	4 "(a) The Board of Pardons and Paroles may adopt
252	252	5 rules, not inconsistent with the provisions of this article,
253	253	6 touching upon relating to all matters dealt with in this
254	254	7 article, including, among others, practice and procedure in
255	255	8 matters pertaining to paroles, pardons, and remission of fines
256	256	9 and forfeitures; provided, however, that no rule adopted by
257	257	10 the board shall have the effect of denying may deny to any
258	258	11 person whose application for parole or the revocation of whose
259	259	12 parole is being considered by the board from having the
260	260	13 benefit of counsel or witnesses upon during the hearing.
261	261	14 "(b) The Board of Pardons and Paroles shall adopt
262	262	15 rules to do all the following:
263	263	16 "(1) Establish a program of limited supervision for
264	264	17 parolees who qualify addressing eligibility using validated
265	265	18 risk and needs assessments, as defined in Section 12-25-32,
266	266	19 transfers among levels of supervision, to include guidelines
267	267	20 for the transfer of lower-risk individuals to an
268	268	21 administrative form of parole, and reporting requirements.
269	269	22 "(2) Develop policies and procedures for screening,
270	270	23 assessment, and referral for parolees to connect with
271	271	24 recidivism reduction services including, but not limited to,
272	272	25 cognitive behavioral intervention and substance abuse
273	273	26 treatment.
274	274	Page 10 1 "(3) Establish a matrix of rewards for compliance
275	275	2 and pro-social behaviors and swift, certain, and graduated
276	276	3 sanctions to be imposed by the board, as provided under
277	277	4 subsections (e) and (f) of Section 15-22-32, in response to
278	278	5 corresponding violations of parole terms or conditions
279	279	6 imposed.
280	280	7 "(4) Establish clear guidelines and procedures that
281	281	8 retain the board's discretion in individual parole release
282	282	9 cases. The guidelines shall provide that, if a prisoner
283	283	10 convicted of a nonviolent offense, as defined in Section
284	284	11 12-25-32, with a sentence of 20 years or less is denied
285	285	12 parole, the board shall reconsider releasing the prisoner on
286	286	13 parole no more than two years after such parole release
287	287	14 denial. The guidelines shall allow a current validated risk
288	288	15 and needs assessment as defined in Section 12-25-32, past
289	289	16 criminal history, program completion, institutional
290	290	17 misconduct, and other individual characteristics related to
291	291	18 the likelihood of offending in the future to be factored into
292	292	19 the release decision while working to allocate prison space
293	293	20 for the most violent and greatest risk prisoners.
294	294	21 "(5) Ensure that the provisions of subsections (k)
295	295	22 and (l) of Section 15-22-24 are implemented relating to the
296	296	23 supervision and treatment of parolees.
297	297	24 "(6) Establish criteria, guidelines, and procedures
298	298	25 to discharge parolees from parole supervision requirements
299	299	26 prior to the expiration of the full maximum term for which the
300	300	27 parolee was sentenced, unless the parolee was convicted of a
301	301	Page 11 1 violent offense as defined in Section 12-25-32, which shall
302	302	2 include review of a parolee for discharge from parole
303	303	3 supervision at least every two years if the parolee has
304	304	4 satisfied all financial obligations owed to the court,
305	305	5 including restitution, and has not had his or her supervision
306	306	6 revoked.
307	307	7 "(c) Notwithstanding any other provision of law to
308	308	8 the contrary, Section 41-22-5(a)-(c), Section 41-22-5.1(b),
309	309	9 Section 41-22-6, and Section 41-22-23(a)-(e), (g) of the
310	310	10 Alabama Administrative Procedure Act shall apply to the
311	311	11 board's adoption, amendment, or repeal of rules, procedures,
312	312	12 guidelines, or other policies, except rules, procedures,
313	313	13 guidelines, or other policies concerning the supervision of
314	314	14 parolees or probationers. The Alabama Administrative Procedure
315	315	15 Act shall not otherwise apply to the board. The notice
316	316	16 required by subdivision (a)(1) of Section 41-22-5 shall be
317	317	17 given, and notice shall be given to the Governor and Attorney
318	318	18 General or their designees.
319	319	19 "(d) The Director of Pardons and Paroles shall post
320	320	20 on the board's website the board's existing rules, procedures,
321	321	21 guidelines, or other policies concerning the grant or denial
322	322	22 of pardons, the grant or denial of paroles, the restoration of
323	323	23 political and civil rights, the remission of fines and
324	324	24 forfeitures, and the revocation of parole."
325	325	25 Section 2. This act shall become effective on the
326	326	26 first day of the third month following its passage and
327	327	27 approval by the Governor, or its otherwise becoming law.
328	328	Page 12 Page 13