Ala. Admin. Code r. 640-X-9-.04

Current through Register Vol. 42, No. 11, August 30, 2024

Section 640-X-9-.04 - Parole Court Hearing

The procedure for conducting Parole Court shall be as follows:

(a) Designated Parole Court Hearing Officers hold Parole Court and determine the facts pertaining to alleged parole violations. These Hearing Officers are authorized to determine whether the parolee is guilty of alleged violations as well as to determine whether there is probable cause to detain the parolee pending final resolution of the charges.

(b) At the Parole Court hearing, the Hearing Officer will decide whether parole violation charges are proven, evidence in mitigation and/or aggravation will be heard, and the Hearing Officer will determine whether it is appropriate to detain the parolee pending the Board's decision. The Hearing Officer may also determine whether probable cause exists to detain the parolee and continue the hearing until a later date for determination of guilt. The evidence taken at the Parole Court hearing may be considered in the determination of guilt. If there is no reasonable cause to detain the parolee pending further hearing, the Board shall be promptly notified in writing.

(c) The investigating or charging officer shall provide the parolee with a copy of the Report or Notice containing the charges of violation prior to or contemporaneously with notice of the date, time, and place of Parole Court if the parolee is incarcerated. If the parolee is not incarcerated, the officer may deliver those documents by U.S. Mail, addressed to the parolee's address of record (as reflected in the parole officer's supervision notes). The officer serving these papers shall return a written certificate of service to the Revocation Unit.

(d) The Hearing Officer may accept a knowing, intelligent guilty plea to parole violation charges. Before doing so, the Hearing Officer shall read the specific charges to the parolee and explain the rights he/she waives by entering a plea. The Hearing Officer shall not accept a guilty plea unless the parolee does, in fact, acknowledge violation of the conditions of parole. The Hearing Officer shall document the facts admitted to by the parolee and have the parolee sign the acknowledgement of guilt.

(e) The parolee is responsible for notifying his or her legal counsel and witnesses of the date, time, and place of the Parole Court hearing. He or she is also responsible for forwarding a copy of the charges to legal counsel. Bureau staff may assist in contacting counsel or witnesses as a courtesy to the parolee and may provide copies of the charges or other documents pertaining to Parole Court to the parolee's legal counsel. Documents will be served on the parolee, either by personal service or U.S. Mail to provide reasonable notice of the charges and proceedings.

(f) The Parole Court Hearing Officer may exercise reasonable discretion if any party requests a continuance of a hearing. The entire hearing may be rescheduled or the Parole Court may hear such evidence as is available and continue the hearing for further evidence, as may best serve the ends of justice. If the parolee requests a continuance and the continuance is denied, the Parole Court should enter into the record the request, the stated grounds for the request, and the reasons for denying the request.

(g) The Hearing Officer shall preside over the hearing and govern its conduct. The Hearing Officer shall ensure that the record accurately reflects all necessary notices and compliance with all procedural safeguards. Witnesses may appear and present testimony by video conference.

(h) The charging officer or his or her designee shall present the case of the alleged parole violations and may question any witness. The officer may testify in narrative format if he or she is a competent witness to any issue.

(i) The parolee shall be allowed to present evidence in his or her own defense. The parolee's witnesses shall be subject to cross-examination. The parolee shall be allowed to cross-examine accusing witnesses, unless the Hearing Officer specifically finds good cause to believe the witness would be endangered by confrontation. If confrontation is disallowed, the Hearing Officer will make reasonable efforts to balance the parolee's need for cross-examination.

(j) The Hearing Officer may question any witnesses and should permit each side to ask follow-up questions.

(k) The Hearing Officer may exercise reasonable discretion to disallow or limit any question that seeks to elicit information not pertinent to the issues or tending towards abuse or harassment. The Hearing Officer should include in the record any questions disallowed and the reason(s) for the ruling.

(l) For purposes of determining whether probable cause exists, the Hearing Officer may consider any relevant information, including hearsay. For purposes of determining guilt, the Hearing Officer shall consider any evidence that would be admissible under either the Alabama Rules of Evidence or the Federal Rules of Evidence. The Hearing Officer may also consider any other evidence, including hearsay, that appears to be reliable and probative, but may not determine guilt based solely upon hearsay evidence. Commonly accepted treatises on evidence, including Gamble's, McElroy's, Wigmore's, and McCormick's should be considered persuasive authority for determining the admissibility of evidence. The Hearing Officer must state the evidence relied upon in making his/her determination.

(m) The Parole Court shall allow the parolee great leeway in presenting mitigating information. For purposes of mitigation, the Hearing Officer shall consider any information offered by the parolee. Any objections shall go to the weight of the evidence and not to its admissibility.

(n) The Hearing Officer may take judicial notice of conditions of parole imposed by the Board or by another state pursuant to the Interstate Compact. The parolee may introduce evidence that he or she was not aware of a condition. The Hearing Officer shall take judicial notice of the laws of the State of Alabama. In the absence of proof to the contrary, the Hearing Officer may rely on a copy of a municipal ordinance or of a statute of another jurisdiction as evidence of the law in that jurisdiction. The Hearing Officer may presume, in the absence of proof to the contrary, that each municipality in Alabama has adopted an ordinance incorporating the penal provisions of the Alabama Code into its municipal law. The Hearing Officer may accept a certified copy of a judgment of conviction as conclusive evidence that the parolee is guilty of violating a law, provided that, in the case of a conviction in municipal court or district court, the time for appealing to circuit court for trial de novo has run before the certification was issued.

(o) The Hearing Officer may determine that a parolee is guilty of violating a law, but that the offense was less than that named in the delinquency report. The Hearing Officer may also determine that a parolee is guilty of violating a law other than that named in the delinquency report, if the report provided fair notice to the parolee of the wrongful conduct at issue.

(p) If the parolee has not been incarcerated pending the Parole Court hearing, the Parole Court shall determine whether incarceration is appropriate pending the Board's final decision.

Ala. Admin. Code r. 640-X-9-.04

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, 32, 37.