Ala. Admin. Code r. 640-X-9-.03 - Parole Revocation
The following process shall govern parole revocation, leading up to Parole Court:
(a) In pursuit of
revocation and subject to statutory revocation caps ("dunks"), whether outright
or in the event a "dip" is refused by the parole violator, the parole officer,
after investigating the alleged violation and determining that the allegations
are well founded, shall submit a written report in the "Report of Parole
Violation" format, to the Field Operations Division, the Revocation Unit, the
regional Parole Court Hearing Officer, and the parole violator.
(b) The submission of the Report of Parole
Violation shall initiate the Parole Court Hearing process. The parolee shall be
directed to appear before the Parole Court for an evidentiary
hearing.
(c) If the parole officer
has reason to believe that the public would be endangered or that the parolee
would abscond supervision if left at liberty, pending further action, he or she
may issue an "authorization to arrest" writ and cause the parolee to be held in
the local county jail. The officer submitting the report shall coordinate with
the regional Parole Court Hearing Officer to schedule Parole Court and must do
so within seventy-two (72) hours of any arrest. This hearing must occur within
twenty (20) business days from receipt of notice from the Department of
Corrections of the return of the parole violator to custody or the individual
will be released from custody pending his/her Parole Court hearing.
(d) The Field Operations Division will review
notices and reports of parole violation when received from the field officer
through the supervisory chain of command. Field Operations will determine
whether there is reasonable cause to believe the parolee has violated the terms
of parole in an important respect and whether the violation is sufficiently
serious to warrant referral to the Board for declaration of delinquency.
Declarations of delinquency shall be docketed for the Board's consideration on
a weekly basis by Field Operations unless the Board has no regularly scheduled
meetings during a particular week.
(e) Field Operations shall notify the
Department of Corrections of the date the Board declares a parolee
delinquent.
(f) Field Operations
shall also determine whether the alleged violation is sufficiently serious to
authorize the Department of Corrections to issue a fugitive warrant. If so,
notice authorizing the issuance of a fugitive warrant by the Department of
Corrections shall be promptly transmitted.
(g) If at any time prior to the Parole Court
hearing, the investigating officer needs to supplement the Report of Parole
Violation, and/or Field Operations directs modification or supplementation of
the report, a supplemental/corrected report must be recirculated to Field
Operations, the Hearing Officer, and the parole violator. Field Operations
will, in turn, be responsible for forwarding any supplemental/corrected report
to the Board.
(h) The decision
whether to incarcerate the parolee pending Parole Court may be reconsidered at
any point in the revocation process. The Board retains jurisdiction to
reconsider whether to enter or void a declaration of delinquency at any point
in the process.
(i) The Parole
Court hearing may occur prior to the decision to refer the charges to the Board
for declaration of delinquency and/or prior to the decision to authorize the
Department of Corrections to issue a fugitive warrant.
Notes
Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier
Statutory Authority: Code of Ala. 1975, ยงยง 15-22-21, 15-22-36, 15-22-37.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.