HB524INTRODUCED
Page 0
HB524
EJJLLC2-1
By Representatives Ensler, England, Moore (M), Hassell,
Chestnut, Drummond, Warren, Lands, Lawrence, Daniels, Bracy
RFD: Judiciary
First Read: 03-Apr-25
1
2
3
4
5
6 EJJLLC2-1 02/27/2025 CMH (L)CMH 2025-378
Page 1
First Read: 03-Apr-25
SYNOPSIS:
Under existing law, the United States Supreme
Court has held the Eight Amendment to the United States
Constitution bars mandatory life without parole for
juvenile offenders. A juvenile offender may be
sentenced to life without parole, but that sentence may
not be mandated under law.
This bill would provide that a juvenile offender
serving life without parole becomes eligible for parole
following the completion of 10 years of his or her
prison sentence.
A BILL
TO BE ENTITLED
AN ACT
Relating to parole; to amend Section 15-22-28, Code of
Alabama 1975, to provide that a prisoner serving life without
parole for an offense committed when the prisoner was under 18
years of age shall become eligible for parole following the
completion of 10 years of the prison sentence.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-22-28, Code of Alabama 1975, is
amended to read as follows:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB524 INTRODUCED
Page 2
amended to read as follows:
"ยง15-22-28
(a) It shall be the duty of the The Board of Pardons and
Paroles, upon its own initiative, to make an investigation of
any and shall investigate all prisoners confined in the jails
and prisons of the state, through use of a validated risk and
needs assessment , as defined in Section 12-25-32, with a view
of determining the feasibility of releasing the prisoners on
parole and effecting their reclamation to determine whether to
parole a prisoner . Reinvestigations shall be made from time to
timeperformed as determined by the board may determine or as
requested by the Department of Corrections may request. The
investigations shall include such reports and other
information as the board may require from the Department of
Corrections or any of its officers, agents, or employees.
(b) It shall be the duty of the The Department of
Corrections toand its officers, agents, and employees shall
cooperate with the Board of Pardons and Paroles board for the
purpose of carrying out this article.
(c) Temporary leave from prison, including Christmas
furloughs, may only be granted only by the Commissioner of the
Department of Corrections to a prisoner for good and
sufficient reason and may be granted within or without the
state; provided, that Christmas furloughs shallmay not be
granted to any prisoner convicted of drug
peddlingdistribution, child molesting, or rape, or to any
maximum security prisoner. A permanent , written record of all
temporary leaves , together with and the reasons therefor,the
leave was granted shall be kept by the commissioner. He or
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB524 INTRODUCED
Page 3
leave was granted shall be kept by the commissioner. He or
sheThe commissioner shall furnish the Board of Pardons and
Parolesboard with a record of each leave granted and the
reasons thereforthe leave was granted , and the samewhich shall
be placed by the board in the prisoner's file.
(d) No prisoner shall may be released on parole except
by a majority vote of the board. The board shallmay not parole
any prisoner for employment by any official of this state, nor
shall any parolee be employed by an official of this state and
be allowed to remain on parole; provided, however, that this
provision shallsubsection does not apply in the case of a
parolee whose employer, at the time of the parolee's original
employment, was not a state official.
(e) The board shall set a prisoner's initial parole
consideration date according to the following schedules:
(1) For prisoners receiving sentence deductions
pursuant to the Alabama Correctional Incentive Time Act,
Article 3 of Chapter 9 of Title 14, the following schedule
shall apply:
a. For terms of five years or less, the prisoner shall
be scheduled for initial parole consideration on the current
docket.
b. For terms over five years and up to 10 years, the
prisoner shall be scheduled for initial parole consideration
approximately 18 months prior to the minimum release date.
c. For terms of more than 10 years and up to 15 years,
the prisoner shall be scheduled for initial parole
consideration approximately two years and six months prior to
the minimum release date.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB524 INTRODUCED
Page 4
the minimum release date.
(2) For prisoners 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 a
prisoner has completed 85 percent of his or her total sentence
or 15 years, whichever is less.
a. Rape in the first degree.
b. Kidnapping in the first degree.
c. Murder.
d. Attempted murder.
e. Sodomy in the first degree.
f. Sexual torture.
g. Robbery in the first degree with serious physical
injury as defined in Section 13A-1-2.
h. Burglary in the first degree with serious physical
injury as defined in Section 13A-1-2.
i. Arson in the first degree with serious physical
injury as defined in Section 13A-1-2.
(3) For all prisoners sentenced to life without parole
for an offense that was committed when the prisoner was under
18 years of age, the prisoner shall become eligible for parole
and the board shall set the initial parole consideration date
for a date following the prisoner's completion of 10 years of
the prisoner's sentence.
(3)(4) For all other prisoners, the initial parole
consideration date shall be set for a date following
completion of one-third of the prisoner's sentence or 10
years, whichever is less.
(4)(5) If the prisoner is serving consecutive
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB524 INTRODUCED
Page 5
(4)(5) If the prisoner is serving consecutive
sentences, the initial parole consideration date may not be
set for a date before the prisoner has separately served the
time prescribed in this subsection for each consecutive
sentence imposed.
(f)(1) The board may deviate from the initial parole
consideration date established in subsection (e) or any
reconsideration date prescribed by the board's rules only in
either of the following circumstances:
a. To comply with the policy and procedural guidelines
in effect on or before January 1, 2019, issued by the board
under pursuant to Section 15-22-24 (e).
b. If the prisoner shows, by clear and convincing
evidence, shows that he or she is more likely than not to be
granted parole and that he or she would have been considered
for parole on an earlier date under generally applicable rules
or policies previously in effect.
(2) Any decision by the board to invoke the procedures
of this subsection shall be subject to legal review by the
deputy Attorney General or assistant Attorney General assigned
to the board, prior to the issuance of a parole certificate
and the prisoner's release. If it is determined that the grant
of parole consideration failed to satisfy the requirements of
this subsection or any rule adopted pursuant to this
subsection, the decision shall be reversed and the prisoner
shall be notified by the board.
(3) For purposes of paragraph (f)(1)b., the board shall
adopt rules to determine whether a prisoner is more likely
than not to be granted parole. These rules shall be designed
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 HB524 INTRODUCED
Page 6
than not to be granted parole. These rules shall be designed
to minimize the risk a prisoner will be prejudiced by any
statutory or administrative changes in parole standards or
procedures that have occurred since the date of the prisoner's
conviction and shall include, but are not limited to , all of
the following:
a. A requirement that the prisoner has completed a
minimum total period of incarceration.
b. A requirement that the prisoner complete certain
programs while in custody of the Department of Corrections.
c. A requirement that the prisoner provide a statement
of support from a Department of Corrections staff member.
d. A requirement that the prisoner have no violent
disciplinaries during a prescribed period preceding the
prisoner's current application for parole consideration.
e. A requirement that the prisoner have no
disciplinaries of any kind within a prescribed period
preceding the prisoner's current application for parole
consideration.
f. A requirement that the prisoner's risk of
re-offensereoffense is determined to be medium or low
following the completion of a validated risk and needs
assessment, as defined in Section 12-25-32, conducted by a
trained probation and parole officer.
(4) A 30 days' written notice shall be provided to the
Governor and Attorney General for any parole consideration
date set by the board under subdivision (f)(1). The Governor
and Attorney General shall have 14 days from the time notice
is received to object to the grant of parole. If the board
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 HB524 INTRODUCED
Page 7
is received to object to the grant of parole. If the board
grants parole consideration under subdivision (f)(1) and did
not give adequate notice to the Governor or Attorney General
or granted parole consideration despite an objection from the
Governor or Attorney General, the decision shall be reversed
and the prisoner shall be notified by the board.
(g)(1) Notwithstanding any law to the contrary, any
prisoner who is charged with a new federal, state, or local
offense punishable by a term of imprisonment exceeding 12
months shall not be considered for parole until after the
charge has been disposed, whether by trial or other means.
(2) A prisoner shall immediately be notified by the
Department of Corrections of any new charges pursuant to
subdivision (1)."
Section 2. This act shall become effective on October
1, 2025.
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183