15-23-79
Section 15-23-79 Submission of victim's statement into prisoner's records. (a) The victim shall
have the right to be notified, upon written request, that he or she may submit a written statement,
or recorded oral transcription, which shall be entered into the prisoner's Department of Corrections
records. The statement shall be considered during any review for community status of the prisoner
or prior to release of the prisoner. (b) The victim shall have the right to be notified by
the Board of Pardons and Paroles and allowed to be present and heard at a hearing when parole
or pardon is considered pursuant to Section 15-22-36 et seq. (Acts 1995, No. 95-583, p. 1234,
§20.)...
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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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15-22-28
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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15-22-23
Section 15-22-23 Board of Pardons and Paroles - Meetings; conditions to board actions; due
notice. (a) Meetings of the Board of Pardons and Paroles shall be held at the call of the
chairman or as may be determined by the board. Meetings set for the purpose of conducting
hearings and making determinations concerning pardons, paroles, restorations of political
and civil rights, remission of fines and forfeitures, and revocations may be set by the chairman,
the board, or a panel of the board designated for such purpose. (b) The Board of Pardons and
Paroles shall have no power or authority to tentatively approve, grant, or order any pardon,
parole, or remission of fine or other forfeiture unless and until all of the following conditions
are met: (1) The action is taken in an open public meeting of the board held after notice
of the meeting has been given to each member of the board in such manner as the board directs;
and (2) Due notice of the time, date, and place of the meeting and the...
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15-22-25
Section 15-22-25 Investigation and report on sentenced prisoner's social and criminal records.
(a) As to each prisoner sentenced and received in the jails and prisons of the State of Alabama,
it shall be the duty of the Board of Pardons and Paroles, while the case is still recent,
to cause to be obtained and filed information as complete as may be obtainable at that time
with regard to each such prisoner. Such information shall include a complete statement of
the crime for which he is then sentenced, the circumstances of such crime, the nature of his
sentence, the court in which he was sentenced, the name of the judge and district attorney
and copies of such probation reports as may have been made as well as reports as to the prisoner's
social, physical, mental and psychiatric condition and history. It shall be the duty of the
clerk of the court and of all probation officers and other appropriate officials to send such
information as may be in their possession or under their control to...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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15-22-26
Section 15-22-26 Standards for release of prisoners on parole. (a) No prisoner shall be released
on parole merely as a reward for good conduct or efficient performance of duties assigned
in prison, but only if the Board of Pardons and Paroles is of the opinion that the prisoner
meets criteria and guidelines established by the board to determine a prisoner's fitness for
parole and to ensure public safety. The guidelines shall serve as an aid in the parole process
and shall promote the use of prison space for the most violent and greatest risk offenders,
while recognizing that the board's paramount duty is to protect public safety. The guidelines
shall be structured, actuarially based, reviewed every three years by the board, after a specified
open comment period determined by the board, and posted on the website of the board and include,
but not be limited to, the following: (1) The prisoner's risk to reoffend, based upon a validated
risk and needs assessment as defined in Section...
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15-22-31
Section 15-22-31 Warrant for retaking parolee; arrest without warrant; execution of warrant
and fees therefor. (a) If the parole officer having charge of a paroled prisoner or any member
of the Board of Pardons and Paroles shall have reasonable cause to believe that such prisoner
has lapsed, or is probably about to lapse, into criminal ways or company or has violated the
conditions of his parole in an important respect, such officer or board member may report
such fact to the Department of Corrections, which shall thereupon issue a warrant for the
retaking of such prisoner and his return to the prison designated. (b) Any parole officer,
police officer, sheriff, or other officer with power of arrest, upon the request of the parole
officer, may arrest a parolee without a warrant; but, in case of an arrest without a warrant,
the arresting officer shall have a written statement by the parole officer setting forth that
the parolee has, in his or her judgment, violated the conditions of...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement,
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district...
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