Ala. Admin. Code r. 640-X-9-.06

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

Section 640-X-9-.06 - Board Action Subsequent to Parole Court

(1) The Board shall consider Parole Court dockets during regularly scheduled open public meetings. After consideration of the Parole Court report, the Board shall decide whether to continue parole, reinstate parole, impose an up-to-45-day period of confinement ("dunk") or other sanction, or revoke parole. The Board will only consider revocation on charges proven to the reasonable satisfaction of the Parole Court. However, the Board may remand any charge for further hearing.

(2) Any Board order "dunking" or revoking parole shall state the reasons for revocation and shall refer to the evidence relied upon in determining that revocation is appropriate.

(3) If the Board is inclined to reinstate parole, the case may be continued pending verification of a home and job plan or the Board may reinstate parole supervision contingent upon verification of a home and job plan, withholding notification of reinstatement to the Department of Corrections pending verification of the same.

(4) If the Board is of the opinion that the interests of justice will be served by remanding a case for further hearing, either to ensure that the parolee has received due process or to ensure that society is properly served by a more thorough fact-finding process, such proceedings shall be conducted as promptly as may be practicable.

(5) The Board retains jurisdiction to reconsider any revocation matter that they may later determine to have been improvidently ordered.

(6) The Revocation Unit shall notify the Department of Corrections of any order "dunking" or revoking parole or returning a parolee to parole supervision within five (5) business days of Board action.

(7) The Revocation Unit shall ensure Field Operations receives copies of any necessary dockets, orders, and records.

Ala. Admin. Code r. 640-X-9-.06

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, 15-22-32, 15-22-37.