Alabama Administrative Code Chapter 640-X-10 — Agency Records

640 Alabama Board of Pardons and Paroles

Ala. Admin. Code r. 640-X-10-.01 Statutorily Privileged Records

The files and records of the Agency pertaining to all paroles, pardons, restoration of civil and political rights, and remission of fines and forfeitures are confidential and subject to an absolute statutory governmental privilege. All probation files and records maintained by the Agency are also statutorily privileged and may only be produced upon order of the appropriate sentencing court. However, in no case shall the right to inspect a probation report be denied the defendant or his/her legal counsel after the report has been completed or filed. Privileged records are not public records.

History

• Author: Meridith H. Barnes, Laura B. Mest, Greg Locklier
• Authority: Code of Ala. 1975, §§15-22-21, 15-22-36, 15-22-37, 15-22-53.
• New Rule: Filed January 31, 2020; effective March 16, 2020.

Ala. Admin. Code r. 640-X-10-.02 Public Records

Copies of any Agency record classified as a public record by these rules may be requested by following the procedures approved by the Agency and available on the Agency's website, submitting a public records request on an approved Agency form, and paying any fees required under the Agency procedures as allowed by Alabama law.

History

• Author: Eric Anderson, James Walters
• Authority: Code of Ala. 1975, §§15-22-21, 15-22-36, 15-22-37, 36-12-40, 36-12-41, 36-12-43, 36-12-44, 36-12-45.
• New Rule: Filed January 31, 2020; effective March 16, 2020. Amended: Published April 30, 2025; effective June 14, 2025.

Ala. Admin. Code r. 640-X-10-.03 Rules Not Subject To Administrative Procedure Act

The Bureau is statutorily excluded from adhering to the requirements of the Administrative Procedures Act concerning its adoption of rules, procedures, guidelines, or other policies concerning the supervision of parolees or probationers. Those rules, procedures, and guidelines are maintained internally and shall not be considered public record.

History

• Author: Meridith H. Barnes, Laura B. Mest, Greg Locklier
• Authority: Code of Ala. 1975, §§15-22-36, 15-22-37, 41-22-3.
• New Rule: Filed January 31, 2020; Effective March 16, 2020.