WHEN AM I ELIGIBLE FOR PAROLE IN ALABAMA?
This is a common question every defense attorney should know the correct answer to in order to adequately assist their criminal clients to the best of their ability. If you know and are familiar with the Alabama Board of Pardons and Paroles rules and regulations, the answer is quite simple. However, there are still many defense attorneys every day who consistently get the answer wrong or fail to inform their client who is looking at serving time in prison when they will be eligible for parole. This is clearly unacceptable and not fair to the client who is looking at prison time and deserves to be told correct information on the matter.
1. As soon as practical after an inmate is sentenced to prison, the Central Office staff shall prepare a file on the case. The appropriate field office(s) will be directed to forward a copy of any investigations to the Central Office. If no investigation has been done at that point, the field office shall conduct its investigation and submit its report. When the appropriate investigations are in the file, the Board’s designee shall study the file and schedule an initial parole consideration docket. There shall be no presumption that the Board will grant parole based on the setting of an initial parole consideration date.
2. A staff member designated by the Board shall also determine whether the investigation report is sufficient for Board action. If significant information is lacking, this designee shall direct the field office to provide further information.
3. The Board, after conviction and not otherwise, may parole a prisoner who is eligible for parole. A majority of the Board may lawfully grant parole on all cases, excluding victim cases, which require a unanimous affirmative vote until the inmate has served one third of his sentence or ten years, whichever is lesser.
4. Initial parole consideration dates shall be calculated based on the date at which a majority of the Board may act, taking into account the total term of the inmate’s sentences. If an inmate is serving one or more sentences, the designee shall calculate one third or ten years of each sentence with any applicable jail credits as indicated by the Department of Corrections. The controlling sentence shall be the longest running sentence as determined by the Department of Corrections.
5. The Board’s designee shall also determine whether correctional incentive time (“good time”) has been applied by the Department of Corrections to the controlling sentence. If good time is applied, it shall be taken into account in scheduling the initial parole consideration date.
6. If an inmate’s controlling sentence is for five (5) years or less, regardless of good time application, initial parole consideration shall be scheduled on the Board’s current docket.
7. If an inmate is receiving good time as indicated by the Department of Corrections on his/her controlling sentence, initial parole consideration shall be scheduled as follows:
(a) for terms of five years or less, inmates shall be scheduled for initial parole consideration on the current docket;
(b) for terms over five to ten years, inmates shall be scheduled for initial parole consideration approximately eighteen months prior to the minimum release date;
(c) for terms of more than ten years and up to fifteen years, inmates shall be scheduled for initial parole consideration approximately 2 years and 6 months prior to the minimum release date;
(d) for total terms in excess of fifteen years, inmates shall be scheduled for initial parole consideration after the inmate has served one-third of his/her sentence or ten years, whichever is less.
The Board recognizes that most inmates convicted of particularly violent or severe offenses, or those with extensive criminal histories, displaying a great propensity for future violence, or with significant community opposition are unlikely to receive a sentence subject to this provision.
8. If the controlling sentence is not subject to good time as indicated by the Department of Corrections, initial parole consideration shall be scheduled after the inmate has served one third or ten years, whichever is lesser on his/her controlling sentence, unless the Board’s designee finds other factors that indicate another docket would be more appropriate. In assessing the suitability of the majority vote set, the designee will examine the offender’s prior record, the nature and severity of the present offense, the potential for future violence, and any information available regarding community attitude toward the offender’s release.
9. Excluding those crimes committed prior to March 21, 2001, when an inmate is convicted of one or more of the following Class A felonies, the initial parole consideration date shall be set in conjunction with the inmate’s completion of eighty-five (85) percent of his or her total sentence or fifteen (15) years, whichever is less, unless the designee finds mitigating circumstances: 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 in this paragraph is as defined in title 13A-1-2(14) of the Alabama Code.
10. If the designee finds mitigating circumstances that appear to warrant a deviation from the standard set, the designee shall document those circumstances, together with a recommendation for scheduling of consideration. In assessing the suitability of the standard set, the designee will examine the offender’s prior record, the nature and severity of the present offense, the potential for future violence, and any information available regarding community attitude toward the offender’s release. Any recommendation by the designee scheduling initial parole consideration, so as to schedule such consideration earlier or later than the standard set date, shall be supported by a memorandum setting forth the factors considered and the reasons for the deviation. This memorandum shall be placed in the file for the consideration of the Review Committee and the Board. The Review Committee shall schedule initial parole consideration in cases where the designee has recommended a deviation.
11. If an inmate is sentenced under the Split Sentence Act, the Board lacks jurisdiction to consider parole. If the inmate is serving a split sentence and one or more other non-split sentences, the Board may exercise jurisdiction only over those other sentences.
12. If an inmate is serving two or more sentences, and the law authorizes parole consideration on some, but not all of his sentences, then he/she shall be scheduled for parole consideration on those sentences over which the Board has jurisdiction.
13. On a regular basis and at least every 6 months, geriatric, permanently incapacitated, and terminally ill inmates, as defined by Act 2017-355 (the Alabama Medical Parole Act), will be docketed for medical parole consideration on the next available docket if:
(a) The inmate is eligible for parole;
(b) The inmate is not convicted of a capital offense or a sex offense;
(c) The Department of Corrections, by and through its medical or mental health care provider, certifies the inmate qualifies as geriatric, permanently incapacitated, or terminally ill, as defined by Act 2017-355; and
These rules will serve as a standing request by the Board to the Department of Corrections to provide a “medical parole list” of parole eligible inmates who qualify as geriatric, permanently incapacitated, or terminally ill, as defined by Act 2017-355, and who are not convicted of a capital or sex offense. This list is requested from the Department at a minimum of every six months hereto forward, although the Department may refer any case that meets the above criteria at any time. Inmates on the Department’s list or otherwise referred by the Department for medical parole consideration will be classified by the Department as geriatric, permanently incapacitated, or terminally ill, as applicable, by its medical or mental health care provider; such will serve as the Department’s certification required by Article 1, Section 13(c) of these rules.
14. On an annual basis and pursuant to Act 2017-355, the Department of Corrections shall also identify all inmates who:
(a) During the previous 12 months, have spent more than 30 days in an infirmary;
(b) During the previous 12 months, received costly and frequent outside medical treatment; or
(c) Are currently suffering from a life-threatening illness whose death is determined to be imminent within 12 months.
From this group of inmates, the Department will determine, by and through, its medical or mental health care provider, whether each qualifies as geriatric, permanently incapacitated, or terminally ill, as defined by Act 2017-355. The Department will then provide an “annual medical parole list” by January 1 of each year hereto forward to the Board containing the inmates so determined and classified, but excluding inmates who are not parole eligible and who are convicted of a capital or sex offense. Inmates on this list will be placed on the next available parole docket for medical parole consideration by the Board.
15. The Board may request supporting documentation, including medical/mental health records from the Department of Corrections as deemed necessary by the Board in considering an inmate for medical parole.
16. No inmate shall be deemed to have a right or entitlement to medical parole.
17. Medical parole shall be in addition to any other release for which the inmate may be eligible.
CALL 251-943-4870 TO SPEAK WITH ATTORNEY HEATHER COLLIER ABOUT PARDON AND PAROLE MATTERS & CRIMINAL MATTERS BEFORE THE WRONG INFORMATION NEGATIVELY IMPACTS YOU!
