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HB437 INTRODUCED
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HB437
84RS92H-1
By Representative Hall
RFD: Judiciary
First Read: 12-Feb-26
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84RS92H-1 02/12/2026 CMH (L)bm 2026-875
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First Read: 12-Feb-26
SYNOPSIS:
Under existing law, if an individual on parole
for any offense except certain enumerated offenses
commits a parole violation, the Board of Pardons and
Paroles has the discretion to impose a range of
sanctions, which may include revocation of parole, an
imposed period of confinement of not more than 45
consecutive days, mandatory behavior treatment,
mandatory substance abuse treatment, GPS monitoring, or
any other treatment as determined by the board.
Also under existing law, if an individual on
parole for certain enumerated offenses is arrested or
commits any other type of parole violation, the board
is required to automatically revoke parole for the
entire balance of the parolee's sentence without
discretion to consider the facts, circumstances, and
severity of the violation.
This bill would provide the board with
discretion to consider the recommendations of parole
hearing officers and the totality of the circumstances
surrounding parole violations for individuals on parole
for enumerated offenses and would provide the board
with discretion as to which sanctions are imposed for
violations.
This bill would also provide that if the
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This bill would also provide that if the
commission of a new criminal offense is the basis of
parole revocation for individuals on parole, including
those on parole for enumerated offenses, and the
charges are later dismissed, the parolee is acquitted
at trial, or the case is resolved as a misdemeanor or
criminal violation, the board would have the discretion
to immediately reinstate parole or conduct a hearing to
determine whether reinstatement of parole is in the
interest of public safety and the fair administration
of justice.
A BILL
TO BE ENTITLED
AN ACT
Relating to parole; to amend Section 15-22-32, Code of
Alabama 1975, as last amended by Act 2025-273, 2025 Regular
Session, to further provide for the authority of the Board of
Pardons and Paroles relating to parole; to provide various
conditions where the board would be required to revoke parole;
to provide various conditions where the board would have
discretion as to the imposed punishment for a parole
violation; and to provide various conditions where the board
would be authorized to require a parolee to serve a sentence
for a parole violation in a residential transition center or
consenting county jail.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-22-32, Code of Alabama 1975, as
last amended by Act 2025-273, 2025 Regular Session, is amended
to read as follows:
"§15-22-32
(a) Whenever there is reasonable cause to believe that
a prisoner who has been paroled a parolee has violated his or
her parole, the Board of Pardons and Paroles, at its next
meeting, may declare the parolee to be delinquent, and time
owed shall date from the delinquency. The Department of
Corrections, after receiving notice from the sheriff of the
county jail where the parolee is being held, shall promptly
notify the board of the return of a parolee charged with
violation of his or her parole. The board, a single member of
the board, a parole revocation hearing officer, or a
designated parole officer shall hold a parole court and
consider the case of the parole violator. The parolee shall be
afforded all rights provided in subdivision (f)(1). The parole
court shall determine whether sufficient evidence supports the
violation charges. When a new arrest is the basis of the
violation, the parole court shall make a finding as to whether
the hearing officer is reasonably satisfied from the evidence
that the parolee committed the new offense. Except as provided
in subparagraph (f)(1)a.2., if a hearing is not held within 20
business days, the parolee shall be released back to parole
supervision.
(b) Upon finding sufficient evidence to support a
parole violation, the parole court may recommend to the board
revocation or reinstatement of parole, and the board may take
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revocation or reinstatement of parole, and the board may take
any of the following actions:
(1)a. If the underlying offense was a violent offense
as defined in Section 12-25-32 and classified as a Class A
felony, a sex offense pursuant to Section 15-20A-5, possession
of a firearm by a person forbidden from firearm possession
pursuant to Section 13A-11-72, or aggravated theft by
deception pursuant to Section 13A-8-2.1, the following
applies:
1. The board shall revoke parole when a new arrest for
a felony charge or possessing a firearm is the basis of a
violation if the board is reasonably satisfied based on the
evidence that the parolee committed the new offense and
require the parolee to serve the balance of the term for which
he or she was originally sentenced, or any portion thereof, in
a state prison facility, calculated from the date of his or
her rearrest as a delinquent parolee.
2. The board may revoke parole when the violation is
based on a new arrest for a misdemeanor charge, criminal
violation, absconding, or other violation of the terms of
parole if the board is reasonably satisfied based on the
evidence supporting the parole violation charge that the
parolee committed the violation and may require the parolee to
serve the balance of the term for which he or she was
originally sentenced, or any portion thereof that is not less
than 45 days, in a state prison facility, residential
treatment center established pursuant to Section 15-22-30.1,
or a consenting county jail designated for this purpose as
provided in Section 14-1-23, calculated from the date of his
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provided in Section 14-1-23, calculated from the date of his
or her rearrest as a delinquent parolee.
b. If the parole violation was for absconding,
possessing a firearm, or being arrested or convicted of a new
offense, the board may revoke parole and require the parolee
to serve the balance of the term for which he or she was
originally sentenced, or any portion thereof, in a state
prison facility, calculated from the date of his or her
rearrest as a delinquent parolee.
b. If the underlying offense was other than those
enumerated in paragraph a., the following applies:
1. If the parole violation was for absconding,
possessing a firearm, or being arrested or convicted of a new
offense and the board is reasonably satisfied based on the
evidence that the parolee committed the violation, the board
may revoke parole and require the parolee to serve the balance
of the term for which he or she was originally sentenced, or
any portion thereof, in a state prison facility, calculated
from the date of his or her rearrest as a delinquent parolee.
2. If the parole violation was other than those
enumerated in subparagraph 1. and the board is reasonably
satisfied based on the evidence that the parolee committed the
violation, the board may impose a period of confinement of not
more than 45 days to be served in a residential transition
center established pursuant to Section 15-22-30.1 or a
consenting county jail designated for this purpose as provided
in Section 14-1-23. The parolee shall be held in the county
jail of the county in which the parole violation occurred
while awaiting the revocation hearing. The Department of
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while awaiting the revocation hearing. The Department of
Corrections shall reimburse the state mileage rate to the
county, as determined by the Comptroller, for any state inmate
charged with, sanctioned with, or revoked for a parole
violation and who is transferred to or from a Department of
Corrections facility or to or from a consenting county jail by
the county.
c. For all other parolees, the board may impose a
period of confinement of no more than 45 consecutive days to
be served in a residential transition center established
pursuant to Section 15-22-30.1 or a consenting county jail
designated for this purpose as provided in Section 14-1-23.
The parolee shall be held in the county jail of the county in
which the violation occurred while awaiting the revocation
hearing. The Department of Corrections shall reimburse the
state mileage rate to the county, as determined by the Alabama
Comptroller's Office Comptroller , for any state inmate charged
with, or sanctioned or revoked for, a parole violation and who
is transferred to or from a Department of Corrections facility
or to or from a consenting county jail by the county.
(2) Upon completion of the confinement period and
release from confinement, the parolee shall automatically
continue on parole for the remaining term of the sentence
without further action from the board. The parole court may
not recommend and the board may not revoke parole unless the
parolee has previously received a total of three periods of
confinement under this subsection. A parolee shall receive
only three total periods of confinement pursuant to this
subsection. The maximum 45-day term of confinement ordered
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subsection. The maximum 45-day term of confinement ordered
pursuant to this subsection shall be reduced by any time
served in custody prior to the imposition of the period of
confinement and shall be credited to the balance of the
incarceration term for which the parolee was originally
sentenced. In the event the time remaining on parole
supervision is 45 days or less, the term of confinement may
not exceed the remainder of the parolee's sentence.
(3) The total time spent in confinement under this
subsection may not exceed the term of the parolee's original
sentence.
(4) Confinement shall be immediate. The board shall
ensure that the Department of Corrections, a county jail, a
residential transition center, or a consenting county jail
receives necessary documentation for imposing a period of
confinement within five business days of the board's action.
(5) If the parolee is presented to a county jail,
excluding a consenting county jail designated for this
purpose, as provided in Section 14-1-23, for any period of
confinement with a serious health condition, if the admittance
of the parolee would create a security risk to the county
jail, or if the county jail is near, at, or over capacity, the
sheriff may refuse to admit the parolee. If, while in custody
of the county jail, the parolee develops a serious health
condition, if the presence of the parolee creates a security
risk to the county jail, or if the county jail reaches near,
at, or over capacity, the sheriff may release the parolee upon
notification to the parole officer. A sheriff and employees in
the county jail shall be immune from liability for exercising
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the county jail shall be immune from liability for exercising
discretion pursuant to Section 36-1-12 in refusing to admit a
parolee into the jail or releasing a parolee from jail
pursuant to this subdivision.
(6) In all cases where the basis of the parole
revocation is a new arrest for which charges are later
dismissed, result in an acquittal, or are resolved as a
criminal violation, the board may either immediately reinstate
parole or the parolee shall be immediately eligible for parole
and added to the earliest practicable parole hearing docket,
not later than 90 calendar days, for the board to consider the
circumstances surrounding the resolution of the charges and
determine if parole reinstatement is in the interest of public
safety and the fair administration of justice.
(c) The position of Parole Revocation Hearing Officer
is created and established, subject to the state Merit System.
(d) The board may appoint or employ hearing officers
who shall conduct a parole court. The hearing officers shall
determine the sufficiency of evidence to support parole
violation charges and recommend to the board revocation of
parole pursuant to subsection (b) or reinstatement of parole.
(e) In lieu of subsections (a) and (b), when a parolee
violates his or her parole terms and conditions, his or her
parole officer, after an administrative review and approval by
the parole officer's supervisor, may impose any of the
following sanctions:
(1) Mandatory behavior treatment.
(2) Mandatory substance abuse treatment.
(3) GPS monitoring.
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(3) GPS monitoring.
(4) Any other treatment as determined by the board or
supervising officer.
(5)a. A short period of confinement in the county jail
of the county in which the violation occurred. Periods of
confinement under this subdivision may not exceed six days per
month during any three separate months during the period of
parole. The six days per month confinement periods may only be
imposed as two-day or three-day consecutive periods at any
single time. The total periods of confinement may not exceed
nine total days.
b. Confinement pursuant to this subdivision does not
limit the board's ability to directly impose sanctions, impose
periods of confinement, or revoke parole.
(f)(1) Prior to imposing a sanction pursuant to
subsection (e), the parolee must first be presented with a
violation report setting forth the alleged parole violations
and supporting evidence. The parolee shall be advised that he
or she has all of the following rights:
a.1. The right to have a parole court, in person or by
electronic means, on the alleged violation or violations.
Except as provided in subparagraph 2., if a parole court is
requested, no parolee may be held beyond 20 business days of
the request.
2. If a parole court cannot be held within 20 business
days due to a state of emergency being proclaimed under
Chapter 9 of Title 31: (i) if the parolee is being held in a
Department of Corrections facility, the parole court shall be
held within 40 business days; or (ii) if the parolee is being
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held within 40 business days; or (ii) if the parolee is being
held in a county jail, the sheriff may agree to the parole
court being held within 40 business days. No parolee may be
held beyond 40 business days of the request to have a parole
court.
b. The right to present relevant witnesses and
documentary evidence.
c. The right to retain and have counsel at the hearing
if he or she so desires.
d. The right to confront and cross examine any adverse
witnesses.
(2) Upon the signing of a waiver of these rights by the
parolee and the supervising parole officer, with approval of a
supervisor, the parolee may be treated, monitored, or confined
for the period recommended in the violation report and
designated on the waiver. The parolee may not request a review
if he or she has signed a written waiver of rights as provided
in this subsection.
(g) The board shall adopt guidelines and procedures to
implement the requirements of this section, which shall
include the requirement of a supervisor's approval prior to
exercise of the delegation of authority authorized by
subsection (e)."
Section 2. This act shall become effective on October
1, 2026.
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