Alabama Administrative Code Chapter 640-X-6 — Hearing Procedues

640 Alabama Board of Pardons and Paroles

Ala. Admin. Code r. 640-X-6-.01 Post-Hearing Notification And Certification

After the Board has entered an order granting any pardon, parole, restoration of civil and political rights, and/or remission of fine and forfeiture, the file shall be processed for post-hearing notification of all required parties under law of the Board’s decision. At such time and only once the parolee’s home plan is verified for all parole grants, the Board’s order granting parole shall be transmitted to the Department of Corrections by distributing a copy of the Board’s official action sheet with the conditions of parole to the Department so as to effect the parolee’s release from custody. Also at such time, for all pardon and/or remission grants, certificates of pardon and/or remission shall additionally be produced, reflecting the order of the Board. Any limitations placed upon the relief granted by the Board shall be reflected in the certificate. Certificates shall be timely issued to the offender to whom relief has been granted.

History

• Author: Meridith H. Barnes, Laura B. Mest, Greg Locklier
• Authority: Code of Ala. 1975, §§15-22-21, 15-22-23, 15-22-37.
• New Rule: Filed April 9, 2002; effective May 14, 2002. Repealed and New Rule: Published January 31, 2020; effective March 16, 2020.

Ala. Admin. Code r. 640-X-6-.02 Reconsideration

Prior to the date on which an inmate is released from custody of the Department of Corrections on parole or a pardon and/or remission certificate is issued to the offender, the Board may reconsider the relief at issue. Reconsideration may occur as follows:

(a) If good cause is found by any Board Member or Bureau official that suggests the relief could be held null and void, additional facts come to the attention of any Board Member or Bureau official, or for any other reason, such shall be documented and placed in the inmate’s file and the case shall be returned to the Board during its current or next open public meeting.

(b) Any member of the Board may void his/her own vote to order relief. If any member of the Board voids his/her vote to order relief, the case shall be docketed for reconsideration. Notice of any reconsideration hearing shall be provided as required by law. The order previously entered by the Board granting relief shall be stayed pending such reconsideration.

(c) If, after the Board has conducted a reconsideration hearing, the record still contains the requisite number of votes in favor of relief, the stay shall be lifted.

History

• Author: Meridith H. Barnes, Laura B. Mest, Greg Locklier
• Authority: Code of Ala. 1975, §§15-22-21, 15-22-23, 15-22-37.
• New Rule: Published January 31, 2020; effective March 16, 2020.

Ala. Admin. Code r. 640-X-6-.03 Public Notice Of Board Decisions

Notice of the action taken by the Board granting any pardon or parole will be made through the statewide automated notification system and by posting public notice on the Bureau’s website in accordance with Alabama law.

History

• Author: Meridith H. Barnes, Laura B. Mest, Greg Locklier
• Authority: Code of Ala. 1975, §§15-22-21, 15-22-23, 15-22-37.
• New Rule: Published January 31, 2020; effective March 16, 2020.