Ala. Admin. Code r. 640-X-9-.02

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

Section 640-X-9-.02 - Confinement-Based Sanctions ("Dips") And Revocation Caps ("Dunks")

(1) Confinement-based sanctions ("dips") for parole violations may be imposed by the Board or the supervising probation and parole officer in accordance with applicable law. If the violation at issue is appropriate for a 2-3 day period of confinement ("dip"), such will be imposed by the supervising officer with approval from the officer's supervisor after the parole violator signs an appropriate waiver form, approved by the Agency, giving notice of the specific violation charges alleged by the supervising officer and those rights defined by Alabama law. The parole violator, the supervising officer, and the supervisor of the supervising officer all must sign the waiver in order for it to be effective under law. The waiver must specify the number of days of confinement that will be imposed and the date/time of release. No further delinquency action will follow on a "dip" and the signed and completed waiver form will be adequate documentation to accompany a violator presented by the supervising officer to the local jail. The same form will serve as sufficient documentation for the violator to be released back to supervision as of a date/time specified on the form. However, the supervising officer shall monitor the "dipped" parole violator while serving the confinement-based sanction and coordinate the release of the parole violator back to supervision with local jail officials.

(2) The supervising officer's authority to impose "dips" is limited to 2-3 days at a time, no more than 6 days per month, and not more than 18 days for the parolee's supervision term.

(3) Should a parole violator refuse a "dip," Alabama law allows for the violator to request a Parole Court hearing within ten (10) days of refusal. In such event, or if the nature of the violation is more appropriate for full revocation, Rule 640-X-9-.03 procedures will apply, subject to statutory revocation caps ("dunks").

(4) Alabama law requires that three (3) periods of confinement be imposed by the Board on all parole violations of up to 45 days ("dunks") before the Board may revoke parole unless the parole violator's current offense for which he/she is being supervised is a violent Class A or sex offense or if the charged parole violator was arrested, convicted, or absconded. "Absconding" shall be defined as willfully avoiding supervision or by willfully making the parolee's whereabouts unknown to the supervising parole officer.

(5) The Board may not exceed three (3) "dunks." However, the Board holds authority, itself, to directly impose unlimited short periods of confinement of up to three (3) days ("dips"). Moreover, Alabama law provides that the Board may revoke the parole violator's balance of the original sentence or any or any portion thereof, calculated from the date of delinquency.

Ala. Admin. Code r. 640-X-9-.02

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, 29, 32, 37.