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.
THIS SECTION WAS AMENDED BY ACT 2021-545 IN THE 2021 REGULAR SESSION, EFFECTIVE MAY 27, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The Board of Pardons and Paroles shall be charged with all of the following:
(1) Determining which prisoners serving sentences in the jails and prisons of the State of Alabama may be released on parole and when and under what conditions.
(2) Supervising all prisoners released on parole or placed on probation by courts exercising criminal jurisdiction.
(3) Conducting investigations that may be necessary by the courts or the board regarding parolees and probationers.
(4) Implementing the use of validated risk and needs assessments, as defined in Section 12-25-32, by probation and parole officers.
(5) Determining whether a parolee or probationer has violated the conditions of his or her parole or probation . Regarding parolees, deciding what action should be taken for a parole violation. Regarding probationers, reporting any probation violations to the judges of the courts having jurisdiction of the probationers .
(6) Aiding parolees and probationers to secure employment.
(b) Between October 1 and December 31 of each year, the board shall report its activities and functions during the preceding year to the Governor, to the Secretary of State, and to the Department of Archives and History. A copy shall be maintained in the permanent records of the board.
(c) The board may accept grants, gifts , or other funds for the operation of the board.
(d) The board may enter into contracts to accomplish the objectives of the board.
(e) The board shall adopt policy and procedural guidelines for establishing initial parole consideration dockets based on all of the following:
(1) Evaluation of a prisoner's prior record.
(2) The nature and severity of the present offense.
(3) The potential for future violence.
(4) The community attitude toward the offender to include input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities.
(5) Any other criteria established by the board pursuant to Section 15-22-37.
(f) Any individual who retires from the Board of Pardons and Paroles as a probation and parole officer shall receive his or her badge and pistol as part of the retirement benefits, without cost to him or her.
(g) [reserved]
(h) No state official shall appear or otherwise represent an applicant before the board for any consideration or thing of value unless the official was counsel of record for the applicant during a trial or hearing in the regular judicial process that led to the applicant's present status; however, no state official shall be prohibited from appearing without consideration before the board or board panel on behalf of an applicant.
(i) The board may conditionally transfer a prisoner to the authorities of the federal government or any other jurisdiction entitled to his or her custody to answer pending charges or to begin serving a sentence in response to a properly filed detainer from the other jurisdiction. The conditionally transferred prisoner shall remain in the legal custody of the warden of the institution from which he or she was transferred. Should any conditionally transferred prisoner satisfy all detainers against him or her prior to completion of the Alabama sentence, the prisoner may not be released from custody without further order of the board.
(j) The board and its agents may administer oaths and affirmations, examine witnesses, and receive evidence on all matters to be considered by the board.
(k) The board shall develop and adopt guidelines and policies to ensure that any treatment programs or providers utilized by the board in the supervision of probationers and parolees implement evidence-based practices, as defined in Section 12-25-32, designed to reduce recidivism among probationers and parolees and shall cooperate with the Office of the Governor in evaluating the programs and providers. The Office of the Governor shall ensure that treatment programs and providers that receive funding from the state or through court-ordered monies utilize funding and monies for programs reasonably expected to reduce recidivism among probationers and parolees.
(l) The board shall develop and adopt guidelines and policies to ensure that the supervision and treatment of probationers and parolees be based on the individual probationer's or parolee's risk of reoffending, as determined through a validated risk and needs assessment as defined in Section 12-25-32, and that supervision and treatment resources of the board are prioritized to focus on those probationers and parolees with the highest risk of reoffending. The board shall include resources available to veterans and service members and shall annually coordinate with the Department of Veterans Affairs to ensure the most current benefits and services are identified and available. Supervision and treatment of probationers and parolees shall include all of the following:
(1) Use of a validated risk and needs assessment, as defined in Section 12-25-32.
(2) Use of assessment results to guide the appropriate level of supervision responses consistent with the level of supervision and evidence-based practices used to reduce recidivism.
(3) Collateral and personal contacts with the probationer or parolee and community that may be unscheduled and that shall occur as often as needed based on the probationer's or parolee's supervision level. The supervision level shall be based on risk of reoffense as determined through a validated risk and needs assessment. The contacts shall keep the supervising officers informed of the probationer's or parolee's conduct, compliance with conditions, and progress in community-based intervention.
(4) Case planning for each probationer or parolee based on risk of reoffense and needs identified and prioritized based on associated risk.
(5) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the probationer or parolee to improve his or her conduct and circumstances so as to reduce his or her level of risk.
(m) The board shall require all probation and parole officers to complete all of the following training requirements within two years of their hire date:
(1) Assessment techniques.
(2) Case planning.
(3) Risk reduction strategies.
(4) Effective communication skills.
(5) Behavioral health needs.
(6) Application of core correctional practices, including motivational interviewing, basic principles of cognitive therapy, structured skill building, problem solving, reinforcement, and use of authority.
(7) Other topics identified by the board as evidence-based practices as defined in Section 12-25-32.
(n) The board may expend funds appropriated for the purposes of recruitment materials and training of law enforcement officers and support staff, educating the public, and promoting the agency's mission.
(o)The board may not regulate or exercise authority over, or related to, the operation, management, regulations, policies, or procedures of any local confinement facility, including, but not limited to, county jails, community corrections programs, or drug courts.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §5; Acts 1951, No. 599, p. 1030; Acts 1982, No. 82-153, §4; Act 2015-185, §3; Act 2021-545, §1.)