Alabama House Bill HB391

Alabama 2023 Regular Session

• Introduced: 4/27/23
• Refer: 4/27/23

Caption

Relating to pardons and paroles; to add Article 1A, commencing with Section 15-22-10.01 to Chapter 22 of Title 15, Code of Alabama 1975, to reconstitute the Board of Pardons and Paroles as the Bureau of Pardons and Paroles; to reorganize the functions and duties of the bureau and to provide for the duties of the Board of Pardons and Paroles within the bureau; to transfer certain language relating to pardons and paroles to a new article within the Code of Alabama 1975; to specify the duties and responsibilities of the Director of the Bureau of Pardons and Paroles and to provide for the personnel of the bureau; to amend 15-18-71, 15-18-72, 15-18-74, 15-18-76, 15-18-77, 15-22-42, 15-22-43, 15-22-51, 15-22-53, and Section 15-22-54, as corrected by Act 2022-371, the Codification Act, 2022 Regular Session, and Sections 15-22-56 and 15-22-57, Code of Alabama 1975, to delete duplicative language; to 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, 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; and to repeal Sections 15-22-20, 15-22-21, 15-22-21.1, 15-22-22, 15-22-23, 15-22-24, 15-22-25, 15-22-26, 15-22-26.1, 15-22-26.2, 15-22-27, 15-22-27.1, 15-22-27.2, 15-22-27.3, 15-22-27.4, 15-22-28, 15-22-29, 15-22-29.1, 15-22-30, 15-22-30.1, 15-22-30.2, 15-22-31, 15-22-32, 15-22-33, 15-22-34, 15-22-35, 15-22-36, 15-22-36.1, 15-22-36.2, 15-22-36.3, 15-22-37, 15-22-38, 15-22-39, and 15-22-40, Code of Alabama 1975.

Impact

The bill places a significant focus on the assessment processes involved in determining inmate eligibility for parole. It requires validated risk and needs assessments to be utilized in the decision-making procedure. Additionally, the creation of an automated victim notification system represents a major shift towards strengthening victims' rights by ensuring they receive timely information regarding an inmate's status. The proposals laid out under HB391 suggest substantial changes in how parolees and probationers are supervised, providing mechanisms to prioritize individuals based on the risk of reoffending.

Summary

House Bill 391 seeks to reconstitute the Board of Pardons and Paroles in Alabama by establishing the Bureau of Pardons and Paroles. This bill aims to reorganize and delineate the functions of the bureau while transferring specific responsibilities related to pardons and paroles into a newly structured framework within Alabama Code, addressing the comprehensive needs of the criminal justice system. The establishment of this bureau intends to enhance the decision-making processes regarding parole, ensuring effectiveness and adherence to safety considerations for the public, while also providing clearer guidelines and operational structures.

Contention

Despite the systematic updates that HB391 provides, there are points of contention among various stakeholders. Proponents argue that reorganizing the pardons and paroles system will lead to better management, a more transparent parole process, and an emphasis on rehabilitation rather than punishment. Critics, however, may express concerns over the potential bureaucratic expansion and whether it could lead to less individual consideration for inmates and victims alike. Overall, the balance between public safety and the rehabilitation of offenders remains a critical and contentious issue wrapped within the implications of this bill.