Ala. Admin. Code r. 640-X-8-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 640-X-8-.01 - Remission Of Fines

Remissions of fines may be granted in conjunction with a pardon at a properly noticed Board hearing. All pardon procedures established by Rule 640-X-7-.01 shall generally apply to remissions of fines except as follows:

(1) The Board will exercise its authority to remit fines only in cases to which the State of Alabama is a party.

(2) An individual seeking remission of a fine shall file an application on a form approved by the Agency. (Form ABPP-5). The application shall contain a short and plain statement of the reasons that the applicant believes it would be just for the Board to remit some or all of the fine imposed.

(3) The applicant shall cooperate in the Agency's investigation of the matter and shall provide information about his or her personal, social, and criminal history, and the details of the offense at issue.

(4) The investigating officer shall contact the sentencing judge and the appropriate district attorney, or their successors, to seek their input.

(5) When the Board considers an application for remission of fine, it shall consider whether to deny the remission entirely, remit a portion of the fine (and if so, what portion), or remit the entire fine. Unless a majority of the Board agrees to a specific grant of relief, all relief is denied. No applicant shall be permitted to file a subsequent petition for remission in the same case after a Board decision has been rendered.

(6) If the Board votes to grant a remission, each member of the Board favoring the grant shall enter into the file a detailed statement of his or her reasons for favoring such remission. The remission order shall specify what portion of the fine is remitted. This entry and order shall become public record. All other portions of the file shall remain subject to statutory privilege.

Ala. Admin. Code r. 640-X-8-.01

New Rule: Filed April 9, 2002; effective May 14, 2002.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/16/2020.

Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier

Statutory Authority:Code of Ala. 1975, §§ 15-22-21, 15-22-36, 15-22-37.