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15-22-27
Section 15-22-27 Pardon or parole of person having death sentence commuted to life imprisonment.
(a) Any person whose sentence to death has been commuted by the Governor shall not be eligible
for a pardon unless sufficient evidence is presented to the Board of Pardons and Paroles to
satisfy it that the person was innocent of the crime for which he or she was convicted, the
board votes unanimously to grant the person a pardon, and the Governor concurs in and approves
the granting of the pardon. (b) Any person whose sentence to death has been commuted by the
Governor shall not be eligible for a parole. (c) This section shall not be construed to deny
any person whose sentence of death has been commuted the right to apply to the courts of this
state for any remedy that the person is entitled to under the laws of Alabama. (d) The Board
of Pardons and Paroles shall not grant a parole or pardon to a person whose sentence of death
has been commuted by the Governor unless the provisions of...
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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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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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15-22-37
Section 15-22-37 Rulemaking authority. (a) The Board of Pardons and Paroles may adopt rules,
not inconsistent with the provisions of this article, touching upon all matters dealt with
in this article, including, among others, practice and procedure in matters pertaining to
paroles, pardons, and remission of fines and forfeitures; provided, however, that no rule
adopted by the board shall have the effect of denying to any person whose application for
parole or the revocation of whose parole is being considered by the board from having the
benefit of counsel or witnesses upon the hearing. (b) The Board of Pardons and Paroles shall
adopt rules to do the following: (1) Establish a program of limited supervision for parolees
who qualify addressing eligibility using validated risk and needs assessments, as defined
in Section 12-25-32, transfers among levels of supervision, to include guidelines for the
transfer of lower-risk individuals to an administrative form of parole, and reporting...
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15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote. (a) Any other provision
of law notwithstanding, any person, regardless of the date of his or her sentence, may apply
to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if
all of the following requirements are met: (1) The person has lost his or her right to vote
by reason of conviction in a state or federal court in any case except those listed in subsection
(g). (2) The person has no criminal felony charges pending against him or her in any state
or federal court. (3) The person has paid all fines, court costs, fees, and victim restitution
ordered by the sentencing court at the time of sentencing on disqualifying cases. (4) Any
of the following are true: a. The person has been released upon completion of sentence. b.
The person has been pardoned. c. The person has successfully completed probation or parole
and has been released from compliance by the ordering entity. (b) The...
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15-22-21
Section 15-22-21 Board of Pardons and Paroles - Appointment and duties of director. (a) The
Governor shall appoint a Director of Pardons and Paroles, who shall serve at the pleasure
of the Governor. (b) The Director of Pardons and Paroles shall serve as the chief executive
officer of the Board of Pardons and Paroles and be vested with all power necessary to perform
the duties assigned to the board by law except the board's power to adopt rules, guidelines,
or other policies and to make individual determinations concerning the grant or denial of
pardons, the grant or denial of paroles, the restorations of political and civil rights, the
remission of fines and forfeitures, and the revocation of parole. As chief executive officer,
the director shall be responsible for all of the following: (1) Appointing and supervising,
subject to the provisions of the Merit System, employees necessary to carry out the duties
of the board. (2) Performing, on behalf of the board, all fiscal and budgetary...
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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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15-22-28
Section 15-22-28 Investigation for parole; temporary leave; parole restrictions. (a) It shall
be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation
of any and 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. Reinvestigations
shall be made from time to time as the board may determine or as 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 Department of Corrections to cooperate with the Board of Pardons
and Paroles for the purpose of carrying out this article. (c) Temporary leave from prison,
including Christmas furloughs, may be granted...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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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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