Authority to grant pardons and paroles, remit fines and forfeitures, etc.; notice of board action.
(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles shall have the authority and power, after conviction and not otherwise, to grant pardons and paroles and to remit fines and forfeitures.
(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.
(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.
(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days' notice that the prisoner is being considered therefor has been given by the board to the Attorney General, the judge and the district attorney who tried the subject's case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff and one of the judges of the circuit in which the subject was convicted.
(e)(1) Until and unless at least 30 days' written notice of the board's action to be considered has been given by the board to the victim named in the indictment, or if the victim is deceased as a result of the offense, the victim's immediate family, the Board of Pardons and Paroles shall have no power or authority to in any way approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave or early release of a person convicted of the following offenses:
a. A Class A felony.
b. Any felony committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be designated a Class A felony.
c. Any felony involving violence, death, or any physical injury to the person of another.
d. Any felony involving unlawful sexual assault or other unlawful sexual conduct on the person of another.
e. Any felony involving sexual assault, or a lewd or lascivious act upon a child under the age of 16 years or attempt thereof.
f. Sexual abuse or any other criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sexual abuse under the Alabama Criminal Code.
g. Child abuse or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as child abuse under the Alabama Criminal Code.
h. Sodomy or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sodomy under the Alabama Criminal Code.
i. Any violation of Section 13A-6-69, as amended.
(2) The notice shall be given by U.S. mail, certified mail, return receipt requested, and shall include:
a. The name of the prisoner or defendant involved.
b. The crime for which the prisoner or defendant was convicted.
c. The date of the sentence.
d. The court in which the conviction occurred.
e. The sentence imposed.
f. The actual time the prisoner has been held in confinement, as computed by the Department of Corrections, without regard to the operation of any incentive good time, or other good time laws.
g. The action to be considered by the board.
h. The date, time, and location of the board meeting at which the action is to be considered.
i. A statement that all persons required to be notified under the provisions of this section will be allowed, at their option, to either appear before the board or give their views in writing.
Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.
(3) Provided however, if the victim is a child the notice shall be given to the parents of the victim, or in the event there is no parent, to the guardian of the victim. If the victim was a minor at the time of the offense, but has attained majority by the time the notice is sent, the notice shall be directed to the victim. Provided further, if the victim is deceased as a result of the offense, the notice shall be given to the surviving members of the victim's immediate family, as defined by the operating procedures of the Board of Pardons and Paroles, or in the event there is no immediate family, to a relative of the victim, if any. Provided further, such notice may be waived in writing by any person who is entitled to receive such notice.
(4) If the victim requests not to be notified, a certified notice shall be sent to the victim confirming that request and advising him or her that no further notices of board hearings shall be sent unless he or she subsequently contacts the board and submits a written request to be notified of hearings in the future. Mailing of the certified notice shall constitute confirmation unless the certification is returned due to an incorrect address.
(5) The board shall exercise due diligence to locate victims to notify them of hearings. If all attempts to locate a victim have failed and the agent of the board has certified that due diligence has been exercised, no future attempts shall be required to locate that victim. At any time the victim may contact the board and request that the board notify the victim of all future hearings.
(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who are entitled to notice, pursuant to any provision of this section as to the action taken by the board and the conditions, if any, of any such parole or pardon.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §16; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §2; Act 2004-565, p. 1326, §1.)
Authority to grant pardons and paroles, remit fines and forfeitures, etc.; notice of board action.
(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles shall have the authority and power, after conviction and not otherwise, to grant pardons and paroles and to remit fines and forfeitures.
(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.
(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.
(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days' notice that the prisoner is being considered therefor has been given by the board to the Attorney General, the judge and the district attorney who tried the subject's case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff and one of the judges of the circuit in which the subject was convicted.
(e)(1) Until and unless at least 30 days' written notice of the board's action to be considered has been given by the board to the victim named in the indictment, or if the victim is deceased as a result of the offense, the victim's immediate family, the Board of Pardons and Paroles shall have no power or authority to in any way approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave or early release of a person convicted of the following offenses:
a. A Class A felony.
b. Any felony committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be designated a Class A felony.
c. Any felony involving violence, death, or any physical injury to the person of another.
d. Any felony involving unlawful sexual assault or other unlawful sexual conduct on the person of another.
e. Any felony involving sexual assault, or a lewd or lascivious act upon a child under the age of 16 years or attempt thereof.
f. Sexual abuse or any other criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sexual abuse under the Alabama Criminal Code.
g. Child abuse or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as child abuse under the Alabama Criminal Code.
h. Sodomy or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sodomy under the Alabama Criminal Code.
i. Any violation of Section 13A-6-69, as amended.
(2) The notice shall be given by U.S. mail, certified mail, return receipt requested, and shall include:
a. The name of the prisoner or defendant involved.
b. The crime for which the prisoner or defendant was convicted.
c. The date of the sentence.
d. The court in which the conviction occurred.
e. The sentence imposed.
f. The actual time the prisoner has been held in confinement, as computed by the Department of Corrections, without regard to the operation of any incentive good time, or other good time laws.
g. The action to be considered by the board.
h. The date, time, and location of the board meeting at which the action is to be considered.
i. A statement that all persons required to be notified under the provisions of this section will be allowed, at their option, to either appear before the board or give their views in writing.
Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.
(3) Provided however, if the victim is a child the notice shall be given to the parents of the victim, or in the event there is no parent, to the guardian of the victim. If the victim was a minor at the time of the offense, but has attained majority by the time the notice is sent, the notice shall be directed to the victim. Provided further, if the victim is deceased as a result of the offense, the notice shall be given to the surviving members of the victim's immediate family, as defined by the operating procedures of the Board of Pardons and Paroles, or in the event there is no immediate family, to a relative of the victim, if any. Provided further, such notice may be waived in writing by any person who is entitled to receive such notice.
(4) If the victim requests not to be notified, a certified notice shall be sent to the victim confirming that request and advising him or her that no further notices of board hearings shall be sent unless he or she subsequently contacts the board and submits a written request to be notified of hearings in the future. Mailing of the certified notice shall constitute confirmation unless the certification is returned due to an incorrect address.
(5) The board shall exercise due diligence to locate victims to notify them of hearings. If all attempts to locate a victim have failed and the agent of the board has certified that due diligence has been exercised, no future attempts shall be required to locate that victim. At any time the victim may contact the board and request that the board notify the victim of all future hearings.
(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who are entitled to notice, pursuant to any provision of this section as to the action taken by the board and the conditions, if any, of any such parole or pardon.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §16; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §2; Act 2004-565, p. 1326, §1.)
Authority to grant pardons and paroles, remit fines and forfeitures, etc.; notice of board action.
(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles shall have the authority and power, after conviction and not otherwise, to grant pardons and paroles and to remit fines and forfeitures.
(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.
(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.
(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days' notice that the prisoner is being considered therefor has been given by the board to the Attorney General, the judge and the district attorney who tried the subject's case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff and one of the judges of the circuit in which the subject was convicted.
(e)(1) Until and unless at least 30 days' written notice of the board's action to be considered has been given by the board to the victim named in the indictment, or if the victim is deceased as a result of the offense, the victim's immediate family, the Board of Pardons and Paroles shall have no power or authority to in any way approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave or early release of a person convicted of the following offenses:
a. A Class A felony.
b. Any felony committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be designated a Class A felony.
c. Any felony involving violence, death, or any physical injury to the person of another.
d. Any felony involving unlawful sexual assault or other unlawful sexual conduct on the person of another.
e. Any felony involving sexual assault, or a lewd or lascivious act upon a child under the age of 16 years or attempt thereof.
f. Sexual abuse or any other criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sexual abuse under the Alabama Criminal Code.
g. Child abuse or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as child abuse under the Alabama Criminal Code.
h. Sodomy or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sodomy under the Alabama Criminal Code.
i. Any violation of Section 13A-6-69, as amended.
(2) The notice shall be given by U.S. mail, certified mail, return receipt requested, and shall include:
a. The name of the prisoner or defendant involved.
b. The crime for which the prisoner or defendant was convicted.
c. The date of the sentence.
d. The court in which the conviction occurred.
e. The sentence imposed.
f. The actual time the prisoner has been held in confinement, as computed by the Department of Corrections, without regard to the operation of any incentive good time, or other good time laws.
g. The action to be considered by the board.
h. The date, time, and location of the board meeting at which the action is to be considered.
i. A statement that all persons required to be notified under the provisions of this section will be allowed, at their option, to either appear before the board or give their views in writing.
Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.
(3) Provided however, if the victim is a child the notice shall be given to the parents of the victim, or in the event there is no parent, to the guardian of the victim. If the victim was a minor at the time of the offense, but has attained majority by the time the notice is sent, the notice shall be directed to the victim. Provided further, if the victim is deceased as a result of the offense, the notice shall be given to the surviving members of the victim's immediate family, as defined by the operating procedures of the Board of Pardons and Paroles, or in the event there is no immediate family, to a relative of the victim, if any. Provided further, such notice may be waived in writing by any person who is entitled to receive such notice.
(4) If the victim requests not to be notified, a certified notice shall be sent to the victim confirming that request and advising him or her that no further notices of board hearings shall be sent unless he or she subsequently contacts the board and submits a written request to be notified of hearings in the future. Mailing of the certified notice shall constitute confirmation unless the certification is returned due to an incorrect address.
(5) The board shall exercise due diligence to locate victims to notify them of hearings. If all attempts to locate a victim have failed and the agent of the board has certified that due diligence has been exercised, no future attempts shall be required to locate that victim. At any time the victim may contact the board and request that the board notify the victim of all future hearings.
(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who are entitled to notice, pursuant to any provision of this section as to the action taken by the board and the conditions, if any, of any such parole or pardon.
(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §16; Acts 1951, No. 599, p. 1030; Acts 1983, No. 83-750, p. 1249, §2; Act 2004-565, p. 1326, §1.)
