Ala. Admin. Code r. 640-X-9-.05

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

Section 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.

Ala. Admin. Code r. 640-X-9-.05

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/21/2020.

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

Statutory Authority:Code of Ala. 1975, §§ 15-22-21, 15-22-32, 15-22-37.