Alabama 2025 Regular Session

Alabama House Bill HB524 Compare Versions

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

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1	1	HB524INTRODUCED
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3	3	HB524
4	4	EJJLLC2-1
5	5	By Representatives Ensler, England, Moore (M), Hassell,
6	6	Chestnut, Drummond, Warren, Lands, Lawrence, Daniels, Bracy
7	7	RFD: Judiciary
8	8	First Read: 03-Apr-25
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14	14	6 EJJLLC2-1 02/27/2025 CMH (L)CMH 2025-378
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16	16	First Read: 03-Apr-25
17	17	SYNOPSIS:
18	18	Under existing law, the United States Supreme
19	19	Court has held the Eight Amendment to the United States
20	20	Constitution bars mandatory life without parole for
21	21	juvenile offenders. A juvenile offender may be
22	22	sentenced to life without parole, but that sentence may
23	23	not be mandated under law.
24	24	This bill would provide that a juvenile offender
25	25	serving life without parole becomes eligible for parole
26	26	following the completion of 10 years of his or her
27	27	prison sentence.
28	28	A BILL
29	29	TO BE ENTITLED
30	30	AN ACT
31	31	Relating to parole; to amend Section 15-22-28, Code of
32	32	Alabama 1975, to provide that a prisoner serving life without
33	33	parole for an offense committed when the prisoner was under 18
34	34	years of age shall become eligible for parole following the
35	35	completion of 10 years of the prison sentence.
36	36	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37	37	Section 1. Section 15-22-28, Code of Alabama 1975, is
38	38	amended to read as follows:
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66	66	28 HB524 INTRODUCED
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68	68	amended to read as follows:
69	69	"§15-22-28
70	70	(a) It shall be the duty of the The Board of Pardons and
71	71	Paroles, upon its own initiative, to make an investigation of
72	72	any and shall investigate all prisoners confined in the jails
73	73	and prisons of the state, through use of a validated risk and
74	74	needs assessment , as defined in Section 12-25-32, with a view
75	75	of determining the feasibility of releasing the prisoners on
76	76	parole and effecting their reclamation to determine whether to
77	77	parole a prisoner . Reinvestigations shall be made from time to
78	78	timeperformed as determined by the board may determine or as
79	79	requested by the Department of Corrections may request. The
80	80	investigations shall include such reports and other
81	81	information as the board may require from the Department of
82	82	Corrections or any of its officers, agents, or employees.
83	83	(b) It shall be the duty of the The Department of
84	84	Corrections toand its officers, agents, and employees shall
85	85	cooperate with the Board of Pardons and Paroles board for the
86	86	purpose of carrying out this article.
87	87	(c) Temporary leave from prison, including Christmas
88	88	furloughs, may only be granted only by the Commissioner of the
89	89	Department of Corrections to a prisoner for good and
90	90	sufficient reason and may be granted within or without the
91	91	state; provided, that Christmas furloughs shallmay not be
92	92	granted to any prisoner convicted of drug
93	93	peddlingdistribution, child molesting, or rape, or to any
94	94	maximum security prisoner. A permanent , written record of all
95	95	temporary leaves , together with and the reasons therefor,the
96	96	leave was granted shall be kept by the commissioner. He or
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126	126	leave was granted shall be kept by the commissioner. He or
127	127	sheThe commissioner shall furnish the Board of Pardons and
128	128	Parolesboard with a record of each leave granted and the
129	129	reasons thereforthe leave was granted , and the samewhich shall
130	130	be placed by the board in the prisoner's file.
131	131	(d) No prisoner shall may be released on parole except
132	132	by a majority vote of the board. The board shallmay not parole
133	133	any prisoner for employment by any official of this state, nor
134	134	shall any parolee be employed by an official of this state and
135	135	be allowed to remain on parole; provided, however, that this
136	136	provision shallsubsection does not apply in the case of a
137	137	parolee whose employer, at the time of the parolee's original
138	138	employment, was not a state official.
139	139	(e) The board shall set a prisoner's initial parole
140	140	consideration date according to the following schedules:
141	141	(1) For prisoners receiving sentence deductions
142	142	pursuant to the Alabama Correctional Incentive Time Act,
143	143	Article 3 of Chapter 9 of Title 14, the following schedule
144	144	shall apply:
145	145	a. For terms of five years or less, the prisoner shall
146	146	be scheduled for initial parole consideration on the current
147	147	docket.
148	148	b. For terms over five years and up to 10 years, the
149	149	prisoner shall be scheduled for initial parole consideration
150	150	approximately 18 months prior to the minimum release date.
151	151	c. For terms of more than 10 years and up to 15 years,
152	152	the prisoner shall be scheduled for initial parole
153	153	consideration approximately two years and six months prior to
154	154	the minimum release date.
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184	184	the minimum release date.
185	185	(2) For prisoners convicted on or after March 21, 2001,
186	186	of one or more of the following Class A felonies, the initial
187	187	parole consideration date shall be set for a date once a
188	188	prisoner has completed 85 percent of his or her total sentence
189	189	or 15 years, whichever is less.
190	190	a. Rape in the first degree.
191	191	b. Kidnapping in the first degree.
192	192	c. Murder.
193	193	d. Attempted murder.
194	194	e. Sodomy in the first degree.
195	195	f. Sexual torture.
196	196	g. Robbery in the first degree with serious physical
197	197	injury as defined in Section 13A-1-2.
198	198	h. Burglary in the first degree with serious physical
199	199	injury as defined in Section 13A-1-2.
200	200	i. Arson in the first degree with serious physical
201	201	injury as defined in Section 13A-1-2.
202	202	(3) For all prisoners sentenced to life without parole
203	203	for an offense that was committed when the prisoner was under
204	204	18 years of age, the prisoner shall become eligible for parole
205	205	and the board shall set the initial parole consideration date
206	206	for a date following the prisoner's completion of 10 years of
207	207	the prisoner's sentence.
208	208	(3)(4) For all other prisoners, the initial parole
209	209	consideration date shall be set for a date following
210	210	completion of one-third of the prisoner's sentence or 10
211	211	years, whichever is less.
212	212	(4)(5) If the prisoner is serving consecutive
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242	242	(4)(5) If the prisoner is serving consecutive
243	243	sentences, the initial parole consideration date may not be
244	244	set for a date before the prisoner has separately served the
245	245	time prescribed in this subsection for each consecutive
246	246	sentence imposed.
247	247	(f)(1) The board may deviate from the initial parole
248	248	consideration date established in subsection (e) or any
249	249	reconsideration date prescribed by the board's rules only in
250	250	either of the following circumstances:
251	251	a. To comply with the policy and procedural guidelines
252	252	in effect on or before January 1, 2019, issued by the board
253	253	under pursuant to Section 15-22-24 (e).
254	254	b. If the prisoner shows, by clear and convincing
255	255	evidence, shows that he or she is more likely than not to be
256	256	granted parole and that he or she would have been considered
257	257	for parole on an earlier date under generally applicable rules
258	258	or policies previously in effect.
259	259	(2) Any decision by the board to invoke the procedures
260	260	of this subsection shall be subject to legal review by the
261	261	deputy Attorney General or assistant Attorney General assigned
262	262	to the board, prior to the issuance of a parole certificate
263	263	and the prisoner's release. If it is determined that the grant
264	264	of parole consideration failed to satisfy the requirements of
265	265	this subsection or any rule adopted pursuant to this
266	266	subsection, the decision shall be reversed and the prisoner
267	267	shall be notified by the board.
268	268	(3) For purposes of paragraph (f)(1)b., the board shall
269	269	adopt rules to determine whether a prisoner is more likely
270	270	than not to be granted parole. These rules shall be designed
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300	300	than not to be granted parole. These rules shall be designed
301	301	to minimize the risk a prisoner will be prejudiced by any
302	302	statutory or administrative changes in parole standards or
303	303	procedures that have occurred since the date of the prisoner's
304	304	conviction and shall include, but are not limited to , all of
305	305	the following:
306	306	a. A requirement that the prisoner has completed a
307	307	minimum total period of incarceration.
308	308	b. A requirement that the prisoner complete certain
309	309	programs while in custody of the Department of Corrections.
310	310	c. A requirement that the prisoner provide a statement
311	311	of support from a Department of Corrections staff member.
312	312	d. A requirement that the prisoner have no violent
313	313	disciplinaries during a prescribed period preceding the
314	314	prisoner's current application for parole consideration.
315	315	e. A requirement that the prisoner have no
316	316	disciplinaries of any kind within a prescribed period
317	317	preceding the prisoner's current application for parole
318	318	consideration.
319	319	f. A requirement that the prisoner's risk of
320	320	re-offensereoffense is determined to be medium or low
321	321	following the completion of a validated risk and needs
322	322	assessment, as defined in Section 12-25-32, conducted by a
323	323	trained probation and parole officer.
324	324	(4) A 30 days' written notice shall be provided to the
325	325	Governor and Attorney General for any parole consideration
326	326	date set by the board under subdivision (f)(1). The Governor
327	327	and Attorney General shall have 14 days from the time notice
328	328	is received to object to the grant of parole. If the board
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358	358	is received to object to the grant of parole. If the board
359	359	grants parole consideration under subdivision (f)(1) and did
360	360	not give adequate notice to the Governor or Attorney General
361	361	or granted parole consideration despite an objection from the
362	362	Governor or Attorney General, the decision shall be reversed
363	363	and the prisoner shall be notified by the board.
364	364	(g)(1) Notwithstanding any law to the contrary, any
365	365	prisoner who is charged with a new federal, state, or local
366	366	offense punishable by a term of imprisonment exceeding 12
367	367	months shall not be considered for parole until after the
368	368	charge has been disposed, whether by trial or other means.
369	369	(2) A prisoner shall immediately be notified by the
370	370	Department of Corrections of any new charges pursuant to
371	371	subdivision (1)."
372	372	Section 2. This act shall become effective on October
373	373	1, 2025.
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