Section 15-22-31 - Warrant for retaking parolee; arrest without warrant; execution of warrant and fees therefor(a) When the parole officer supervising a parolee or any member of the Board of Pardons and Paroles has reasonable cause to believe that the parolee has violated the conditions of his or her parole , the parole officer or board member may report the violation to the Department of Corrections and request the department to issue a warrant to arrest the parolee. Upon request, the department shall issue an arrest warrant, and the parolee shall be returned to the prison designated on the warrant.(b) Any parole officer or a law enforcement officer with power of arrest may arrest a parolee without a warrant if the parolee violates the conditions of parole in the presence of the arresting officer. The arresting officer, or his or her agency, as soon as practicable, but no later than 24 hours following the arrest, shall notify the Board of Pardons and Paroles of the parolee's arrest. The parolee may be detained in the county jail or other appropriate place of detention until the warrant issued by the Department of Corrections has been received at the place of his or her detention . A parolee shall not be held longer than 20 days awaiting the arrival of the warrant issued by the department. If a warrant is not issued within 20 days, the parolee shall be released from custody.(c) If the parolee is presented to the county jail with a serious medical condition, if the admittance of the parolee would create a security risk to the county jail, or if the jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If while in custody of the county jail the parolee develops a serious medical condition, if the presence of the parolee creates a security risk to the county jail, or if the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to his or her the parole officer unless the Department of Corrections has issued an arrest warrant directing the return of the parolee to the department's custody. A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail pursuant to this subsection.(d) Any parole officer or law enforcement officer with power of arrest to whom the warrant, issued by the Department of Corrections pursuant to subsection (a), is delivered shall execute the warrant by arresting the parolee and returning him or her to the prison designated by the Department of Corrections. The parolee shall be held by the department awaiting the action of the Board of Pardons and Paroles. (e) An officer, other than an officer of the prison or parole officer, shall receive fees for the execution of an arrest warrant . An officer who transports the parolee from the place of arrest to the designated prison shall receive fees for transporting the parolee to the prison. The fees shall be paid out of the funds standing to the credit of the Department of Corrections.
Ala. Code § 15-22-31 (1975)
Amended by Act 2023-475,§ 1, eff. 9/1/2023.Amended by Act 2015-185,§ 3, eff. 1/30/2016 if the Director of Finance certifies that specific funding to implement the provisions of this act has been appropriated to the Board of Pardons and Paroles and the Department of Corrections.Acts 1939, No. 275, p. 426; Code 1940, T. 42, §10; Acts 1951, No. 599, p. 1030; Acts 1953, No. 734, p. 993; Acts 1989, No. 89-945, p. 1858, §1.