Ala. Admin. Code r. 640-X-9-.05 - Parole Court Reports
Subsequent to conducting Parole Court, the Hearing Officer shall compose a Parole Court report for the Board, subject to the following:
(a) The Parole Court report
shall contain written findings of fact. The report shall state what evidence
was relied upon in reaching conclusions. The report shall clearly state whether
each charge was proven. If the parolee is found guilty of violating the terms
of parole, the Hearing Officer shall also include in his or her report a
detailed assessment of the mitigating and/or aggravating
circumstances.
(b) The Hearing
Officer's report shall address applicable statutory limitations, i.e., whether
statutory revocation caps ("dunks") apply.
(c) The Revocation Unit shall serve a copy of
the Hearing Officer's report on the parolee and place a copy of the certificate
of service in the parolee's file.
(d) The Hearing Officer's written report is
the official record of the Parole Court hearing.
(e) If no charges are proven to the
reasonable satisfaction of the Hearing Officer, the Revocation Unit shall
prepare a draft order for the Board's signature, directing withdrawal of any
warrant issued by any authority of the Agency. The draft order and Hearing
Officer's report shall be placed in the parolee's file to be presented to the
Board for action by the most expeditious means.
(f) A parolee who has been accused of a
specific violation after the charge is found "not proven" at Parole Court shall
not have parole revoked for that violation, unless the charge is subsequently
proven in a subsequent evidentiary hearing or unless he or she is convicted of
an underlying criminal charge.
(g)
If the parolee is found guilty of any charge, the Hearing Officer's report
shall be filed with the Revocations Unit, which will present the Parole Court
report and recommendation of the Hearing Officer to the Board as soon as
practicable.
(h) The Revocation
Unit and the supervising officer shall be responsible for tracking the number
of "dunks" imposed on each parolee.
Notes
Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier
Statutory Authority: Code of Ala. 1975, ยงยง 15-22-21, 15-22-32, 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.