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Applicable Form of Executive Clemency: Parole

The Alabama State Constitution vests primary clemency authority in the State Legislature, which has created the Board of Pardons and Paroles to exercise that authority. The Governor is only empowered to grant reprieves and commutations from the death penalty. The clemency powers granted to the Board by the State Legislature do not include commutation of sentence or conditional pardons granted to inmates.

Eligibility: As soon as is practical after a person is sentenced to prison, a file is prepared on each inmate's case and a Board designee calculates the earliest date on which the Board is permitted by law to grant parole.

Section 15-22-28 of the Alabama Administrative Code states, "The board shall not grant a parole to any prisoner who has not served at least one third or 10 years of his sentence, whichever is the lesser, except by unanimous affirmative vote of the board."

If the Board has denied parole, and scheduled the next consideration more than three years after denial, the Review Committee may consider earlier scheduling, but such review shall not begin earlier than 24 months after the Board has denied parole.

After a prisoner has served a minimum of five years, he or she may initiate contact with the parole officer assigned to their institution or the Board's Central Office, who may review the prisoner's progress to determine whether it may be appropriate to schedule earlier parole consideration. Such a rescheduling may be granted only for a good cause such as a prognosis of imminent death, a recommendation from the prosecuting attorney or the sentencing judge, and circumstances bearing on his or her probability to succeed on parole. Cause is not justified merely because the prisoner is following the rules in prison. If, after appropriate inquiry or investigation, the officer or agent is persuaded that earlier consideration may be proper, he or she may refer the matter to the Review Committee for consideration and file the rationale supporting the recommendation.

Application Process: Inmates do not actually apply through an administrative request. The timing of parole consideration is determined by the eligibility criteria found above.

Hearings

On the date set for consideration, the Board will convene an open public meeting. Inmates are not required to retain an attorney, but they may do so if they desire. Inmates are afforded the first opportunity to state the reasons relief ought to be granted. Their presentations are followed by officials and individuals present who were entitled to notice of the parole hearing. The Board may, in its discretion, permit any other person to offer information that might be helpful in making its decision. The Board may question any person appearing before them. If a member of the Board desires information from any person not present, the Board may recess while it seeks to contact that person.

Board decisions are announced at the conclusion of the hearing. After the Board has received the available information, the Chair or other member presiding asks whether the Board is prepared to take action. If any member is not ready, he or she states whether additional information is needed, and if so, what information is needed. If the information cannot be obtained during the hearing, the Board will decide whether to proceed without that information or to schedule another hearing.

If parole is denied, the Board shall determine whether and when the case will next be docketed for consideration, not to exceed five years.

If parole is granted, a certificate of relief will be issued in a timely manner. An expected release date cannot be given, but one can call (334) 242-8700 on Wednesday afternoons for the releases scheduled for the following Monday.

Several factors can slow down an inmate's release. They include:

· Unsatisfactory home and/or job plan.
· Out-of-state home and job plan.
· Needing to submit aftercare plan and/or mental health program.
· Required to attend substance abuse program before release.
· Sex offenders require 30 day notification.
· Requirement to attend halfway house.

If, prior to the effect of the certificate of relief, good cause is found by Board staff that suggests the relief could be held null and void, such cause will be documented and placed in the inmate's file and the case returned to the Board for rescheduling. Any member of the Board may void his or her vote to order relief prior to the execution of the certificate of relief. If any member of the Board voids his or her order for parole, the case is docketed for reconsideration as early as practicable. The order previously entered is stayed pending reconsideration.

About the Board

Alabama State Board of Pardons and Parole
301 South Ripley Street
Montgomery, AL 36130
Tel: (334) 242-8700
Fax: (334) 242-1809
TDD: (334)242-1809

The Board consists of three members who are appointed by the Governor with the advice and consent of the State Senate. Members serve six-year terms, and the chairperson is designated by the Governor. Members are full-time State officials, take an oath of office, and are subject to impeachment on the same grounds as other State officials. The current Board members are Sidney T. Williams, Chairman, Nancy Conn McCreary, Associate Member and VeLinda Weatherly, Associate Member.

See the Alabama board of pardons and paroles rules, regulations, and procedures website for more details.