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15-22-112
Section 15-22-112 Definitions. The following words shall have the following meanings
for the purposes of this article: (1) BOARD. State Board of Pardons and Paroles. (2) CANDIDATE.
A person who is considered for a posthumous pardon. (3) PETITION. A document signed by a petitioner
requesting the posthumous pardon of a person. (4) PETITIONER. A judge in the judicial circuit
where the person was tried and convicted or the district attorney in the person's county of
conviction. (5) POSTHUMOUS PARDON. A pardon granted by the State Board of Pardons and Paroles
to certain deceased felons. (Act 2013-81, p. 180, ยง3.)...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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15-22-42
Section 15-22-42 Definitions. For the purposes of this article, the following terms
shall have the following meanings: (1) BOARD. The Board of Pardons and Paroles. (2) GERIATRIC
INMATE. A person 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. (3) NECESSARY DAILY LIFE FUNCTION. Eating,
breathing, toileting, walking, or bathing. (4) PERMANENTLY INCAPACITATED INMATE. A state inmate
who satisfies both of the following: a. Is unable to perform one and requires assistance with
one or more necessary daily life functions or who is completely immobile. b. Has such limited
physical or mental ability, strength, or capacity that he or...
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15-22-113
Section 15-22-113 Conditions; petition; hearing. (a) A person convicted of a Class A
or Class B felony in this state shall be a candidate for a posthumous pardon if all of the
following conditions are satisfied: (1) He or she is deceased. (2) The person's circumstances
of conviction provide a compelling reason or reasons to consider granting a posthumous pardon
to remedy social injustice associated with racial discrimination. (3) He or she did not receive
a pardon for his or her felony conviction at issue from this state while living. (4) The acts
forming the basis for his or her felony conviction or convictions at issue were committed
at least 80 years prior to the date of the petition. (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 associated with racial discrimination evident by the
person's circumstances of conviction. (c)(1) The petition shall include...
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15-22-43
Section 15-22-43 Special medical parole docket; implementation; factors considered;
annual report. (a)(1) The Board of Pardons and Paroles shall establish a special medical parole
docket and adopt the rules for implementation pursuant to Section 15-22-24(e). For
each person considered for medical parole, the board shall determine whether the person is
a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate for purposes
of placing the person on a special medical parole docket to be considered for parole by the
board. An open public hearing shall be held, pursuant to Section 15-22-23, to consider
the medical parole of the inmate. Notices of the hearing shall be sent pursuant to Sections
15-22-23 and 15-22-36. The notice shall clearly state the inmate is being considered for a
medical parole. (2) The Department of Corrections shall immediately provide, upon request
from the board, a list of geriatric, permanently incapacitated, and terminally ill inmates
who are...
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15-22-24
Section 15-22-24 Board of Pardons and Paroles - Duties retirement of parole officers;
representation of applicant by state official; supervision and treatment; training requirements.
(a) The Board of Pardons and Paroles, hereinafter referred to as "the board," shall
be charged with the duty of determining, through use of a validated risk and needs assessment
as defined in Section 12-25-32, what prisoners serving sentences in the jails and prisons
of the State of Alabama may be released on parole and when and under what conditions. Such
board shall also be charged with the duty of supervising all prisoners released on parole
from the jails or prisons of the state and of lending its assistance to the courts in the
supervision of all prisoners placed on probation by courts exercising criminal jurisdiction
and making such investigations as may be necessary in connection therewith, of implementing
the use of validated risk and needs assessments as defined in Section 12-25-32 by probation...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter
shall have the meanings respectively ascribed to them in this section, except when
the context otherwise requires: (1) AGENCY. Every board, bureau, commission, department, officer,
or other administrative office or unit of the state, including the Alabama Department of Environmental
Management, other than the Legislature and its agencies, the Alabama State Port Authority,
the courts, the Alabama Public Service Commission, or the State Banking Department, whose
administrative procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include
boards of trustees of postsecondary institutions, boards of plans administered by public pension
systems, counties, municipalities, or any agencies of local governmental units, unless they
are expressly made subject to this chapter by general or special law. (2) COMMITTEE. The Joint
Committee on Administrative Rule Review, comprised of the members of...
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12-26-7
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing.
(a) A petition to obtain an order of limited relief shall include a sworn statement made under
penalty of perjury by the petitioner stating all of the following: (1) That the petitioner
is not subject to the limitations in Section 12-26-6 and is eligible to seek an order
of limited relief. (2) Whether the petitioner has previously applied for an order of limited
relief in any jurisdiction and whether an order has been granted previously. (3) A list specifying
the convictions and collateral consequences to which the order should apply. (b) Once a petition
has been filed, the circuit clerk shall serve the petition on the occupational licensing board,
as defined in Section 41-9A-1, or other entity responsible for the collateral consequence
that the petitioner is seeking relief from. Once service is made, the court shall review available
presentence and other reports on the defendant and may order a...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures,
etc.; notice of board action. (a) In all cases, except treason and impeachment and cases in
which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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