Parole Process in Alabama
Many people want what is best for their loved ones who are incarcerated in Alabama. Many people wonder, “Can I get him or her out of prison”? This is why I taught at a CLE (continuing legal education seminar) with this premise in mind. There, I explained to other attorneys the parole process in Alabama based on the experience I gained while I worked for the legal division of the Alabama Board of Pardons and Paroles.
In an effort to inform the community, I am going to do blog posts to teach the community about the process. This will be the first post of several.
Many people wonder what the process is to obtain in Alabama. The first step is to determine when a person will come become eligible. Currently, an inmate is eligible for parole after having served 1/3 or ten years of their sentence, whichever is less. Certain crimes require the inmate to serve up to 85% of their sentence or 15 years before they are considered for parole. These crimes include:
Rape I, Kidnapping I, Murder, Attempted Murder, Sodomy I, and Sexual Torture; Robbery I with serious physical injury, Burglary I with serious physical injury, and Arson I with serious physical injury. Serious physical injury is defined in § 13A-1-2(14) of the Alabama Criminal Code. Most people know this rule as the 85% rule.
If someone is serving a sentence in excess of thirty years or more, it is treated like a life sentence. Those serving Life With Parole often have the “999” designation on their time sheet and additional paperwork. Often times, these inmates are required to have all three board members decide in their favor.
Early Parole in Alabama
Many inmates have heard of an “Earlier Consideration”. They can apply for a parole date earlier than their scheduled parole hearing once certain requirements have been met. The inmate must serve a minimum of 5 years of their sentence before applying for an earlier hearing date. Since inmates given sentences of 1-5 years are set on the current docket, they are not eligible to apply for an earlier hearing date. If denied an earlier hearing, the inmate can re-apply once one calendar year has passed from the date of the denial.
Good Time for Purposes of Consideration
It is important to understand that certain serious felonies, mainly class A felonies, and some Class B felonies (depending on circumstances) are prohibited from earning “Good Time” for the purposes of shortening the inmate’s original sentence. In addition, any sentences greater than 15 years are prohibited from earning “Good Time”. Therefore, it is important when considering a plea or being sentenced, that the person has an attorney that 1. Adequately informs them of this information so they can make an informed decision before their plea. 2. Advocates for their client where a sentence of 15 years and one day or greater is warranted or being considered by the sentencing guidelines or the judge.
Life Without
Unfortunately, the Alabama Board of Pardons and Paroles does not have the authority to consider inmates for parole who are serving Life Without Parole unless their sentences are commuted or the person is re-sentenced to a different term (term of years, or life with the possibility of parole).
