State Parole Board created; membership;
requirements; vacancies; expenses; immunity; budget; responsibilities
to offenders; electronic monitoring program; central registry of paroled
inmates; minimum vote required to grant parole to inmate convicted
of capital murder or sex crime
State Parole Board created; membership;
requirements; vacancies; expenses; immunity; budget; responsibilities
to offenders; electronic monitoring program; central registry of paroled
inmates; minimum vote required to grant parole to inmate convicted
of capital murder or sex crime
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The State ParoleBoard, created under former Section 47-7-5, is herebycreated, continued and reconstituted and shall be composed of five(5) members. The Governor shall appoint the members with the adviceand consent of the Senate. All terms shall be at the will and pleasureof the Governor. Any vacancy shall be filled by the Governor, withthe advice and consent of the Senate. The Governor shall appoint achairman of the board.
Any person whois appointed to serve on the board shall possess at least a bachelor'sdegree or a high school diploma and four (4) years' work experience.Each member shall devote his full time to the duties of his officeand shall not engage in any other business or profession or hold anyother public office. A member shall not receive compensation or perdiem in addition to his salary as prohibited under Section 25-3-38. Each membershall keep such hours and workdays as required of full-time stateemployees under Section 25-1-98. Individualsshall be appointed to serve on the board without reference to theirpolitical affiliations. Each board member, including the chairman,may be reimbursed for actual and necessary expenses as authorizedby Section 25-3-41. Each memberof the board shall complete annual training developed based on guidancefrom the National Institute of Corrections, the Association of ParolingAuthorities International, or the American Probation and Parole Association.Each first-time appointee of the board shall, within sixty (60) daysof appointment, or as soon as practical, complete training for first-timeParole Board members developed in consideration of information fromthe National Institute of Corrections, the Association of ParolingAuthorities International, or the American Probation and Parole Association.
The board shallhave exclusive responsibility for the granting of parole as providedby Sections 47-7-3 and 47-7-17 and shall have exclusiveauthority for revocation of the same. The board shall have exclusiveresponsibility for investigating clemency recommendations upon requestof the Governor.
The board, itsmembers and staff, shall be immune from civil liability for any officialacts taken in good faith and in exercise of the board's legitimategovernmental authority.
The budget ofthe board shall be funded through a separate line item within thegeneral appropriation bill for the support and maintenance of thedepartment. Employees of the department which are employed by or assignedto the board shall work under the guidance and supervision of theboard. There shall be an executive secretary to the board who shallbe responsible for all administrative and general accounting dutiesrelated to the board. The executive secretary shall keep and preserveall records and papers pertaining to the board.
The board shallhave no authority or responsibility for supervision of offenders granteda release for any reason, including, but not limited to, probation,parole or executive clemency or other offenders requiring the samethrough interstate compact agreements. The supervision shall be providedexclusively by the staff of the Division of Community Correctionsof the department.
The Parole Boardis authorized to select and place offenders in an electronic monitoringprogram under the conditions and criteria imposed by the Parole Board.The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply tothe Parole Board and any offender placed in an electronic monitoringprogram by the Parole Board.
Any offenderplaced in an electronic monitoring program under this subsection shallpay the program fee provided in Section 47-5-1013. The programfees shall be deposited in the special fund created in Section 47-5-1007.
The departmentshall have absolute immunity from liability for any injury resultingfrom a determination by the Parole Board that an offender be placedin an electronic monitoring program.
The Parole Boardshall maintain a central registry of paroled inmates. The Parole Boardshall place the following information on the registry: name, address,photograph, crime for which paroled, the date of the end of paroleor flat-time date and other information deemed necessary. The ParoleBoard shall immediately remove information on a parolee at the endof his parole or flat-time date.
When a personis placed on parole, the Parole Board shall inform the parolee ofthe duty to report to the parole officer any change in address ten(10) days before changing address.
The Parole Boardshall utilize an Internet website or other electronic means to releaseor publish the information.
Records maintainedon the registry shall be open to law enforcement agencies and thepublic and shall be available no later than July 1, 2003.
An affirmativevote of at least four (4) members of the Parole Board shall be requiredto grant parole to an inmate convicted of capital murder or a sexcrime.