Ala. Admin. Code r. 640-X-9-.03

Current through Register Vol. 42, No. 10, July 31, 2024

Section 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.

Ala. Admin. Code r. 640-X-9-.03

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/16/2020.

Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier

Statutory Authority:Code of Ala. 1975, §§ 15-22-21, 15-22-36, 15-22-37.