(a) If an inmate qualifies for the agency's
Code of Ala. 1975, Section
15-22-24(e) Select Review Program ("SRP"), a screening process using established criteria
by which inmates who are deemed to be those parole candidates whose release
would most protect public safety are scheduled on the next available parole
consideration docket. Established criteria for which inmates may be deemed by
the Bureau to qualify for SRP include all of the following requirements as
applicable:
1. Inmate must not be serving a
split sentence and must otherwise be parole eligible on all cases for which
he/she is serving.
2. Inmate must
not have received any violent disciplinaries within six (6) months prior to
being reviewed for SRP.
3. Inmate
must not be a violent offender as defined by
Code of
Ala.1975, Section
12-25-32(14).
4. Inmate must not be serving on a violent
offense as defined by
Code of Ala.1975, Section
12-25-32(15).
5. Inmate must be assessed as low or medium
risk of potential violence using an actuarial risk assessment tool validated
for purposes of measuring risk of re-offense for incarcerated
individuals.
6. Inmate must have
served the required amount of mandatory time on a drug trafficking
case.
7. Inmate must not have any
current or previous sex offense conviction as defined by the Alabama Sex
Offender Registration and Community Notification Act, specifically
Code of Ala.1975, Section
15-20A-5,
as amended.
8. Inmate must not have
any current or previous child abuse conviction.
9. Inmate must have served at least one (1)
year on sentences of up to fifteen (15) years.
10. Inmate must have served at least two (2)
years on sentences over fifteen (15) years and up to twenty (20)
years.
11. Inmate must have served
at least five (5) years on sentences over twenty (20) years.
12. Inmate must not have any known pending
felony case (with the exception of a pending felony case with no disposition
for three (3) or more years from the date of arrest on the pending
case).
13. For inmates subject to
mandatory release under
Code of Ala.1975, Section
15-22-26.2 and within one year or less of the inmate's mandatory release, the inmate must
also meet all other applicable SRP criteria listed above.
(b) If an inmate shows, by clear and
convincing evidence, that he or she is more likely than not to be granted
parole and that he or she would have been considered for parole on an earlier
date under generally applicable rules or policies in effect on or before
January 1, 2019. To show that he or she is more likely than not to be granted
parole, an inmate must meet the following requirements and submit an
application (Form ABPP-1) to the Bureau demonstrating his or her eligibility
with all required supporting documentation:
1. Inmate must have served a minimum of five
(5) years of his or her sentence.
2. Inmate must have completed any available
evidence-based risk reducing programming offered by the Department of
Corrections following the Department's administration of an actuarial risk
assessment tool validated for purposes of measuring risk and identifying
programming and other needs for incarcerated individuals.
3. Inmate must provide an official positive
report from the Department of Corrections.
4. Inmate must provide letters of support
from at least one of the following:
(i) the
office that prosecuted the inmate's case;
(ii) victim or victim's
representative;
(iii) the Alabama
Attorney General's Office;
(iv) the
sentencing judge or successor; or
(v) a law enforcement official from the
county of conviction, excluding Bureau probation and parole officers,
correctional officers of the Department of Corrections, and retired law
enforcement officers.
5.
Inmate must have no violent disciplinaries during his or her present
incarceration.
6. Inmate must have
no disciplinaries of any kind for a minimum of three (3) years preceding his or
her application for an earlier parole consideration date.
7. Inmate must be assessed as low or medium
risk of potential re-offense using an actuarial risk assessment tool validated
for purposes of measuring risk of re-offense for incarcerated individuals in
the parole context.
(c)
If an inmate qualifies for an earlier parole consideration date under
subsection (b), the inmate shall be referred to the agency's Review Committee.
The Review Committee shall consist of no fewer than three (3) members of Bureau
Executive Staff as designated by the Director. At least one of the committee
members must have five (5) years' experience in the administration of parole
within Alabama's criminal justice system. By unanimous decision, the Review
Committee may recommend an earlier parole consideration date, not to exceed
three (3) years from the current consideration date for an inmate who
sufficiently demonstrates eligibility. The Review Committee shall enter its
written recommendation into the inmate's file, which entry shall indicate the
agreed upon earlier parole consideration date, if any, and the names of the
Review Committee members favoring or declining to favor the earlier parole
consideration date.
(d) Unless an
inmate has previously been denied parole or has been revoked from parole, the
inmate or his or her representative may request Review Committee consideration
in writing once per calendar year by submitting an application (Form ABPP-1)
and all required supporting documentation demonstrating the inmate's
eligibility as required by Rule 640-X-3-.04(1)(b). If an inmate has previously
been denied parole or has been revoked from parole, Review Committee
consideration may only be requested eighteen (18) months after the denial or
revocation. Denied/revoked inmates shall be subject to the same requirements
provided in Rule 640-X-3-.04(1)(b).