Alabama. Board of Pardons and Paroles

Authorities:

Alabama. Board of Pardons and Paroles. Annual Report, 1939-1940, 1983-1984.

Alabama Government Manual, 1982.

Code 1975, 15:22:20-55.

The Board of Pardons and Paroles was created through constitutional authority by the Legislature to provide for the issuance of pardons and paroles, the restoration of civil and political rights, and the remission of fines and forfeitures. It provides investigative and supervisory services to Courts having adult probationary powers. (Acts 1939, No. 275, pp. 426-433)

The Board is composed of three members appointed by the Governor, with the advice and consent of the Senate, from a list of three qualified persons nominated by a Board consisting of the Chief Justice of the Supreme Court, the Presiding Judge of the Court of Criminal Appeals, and the Lieutenant Governor. The Governor shall designate a Chairman.

Members of the Board must devote full time to their positions and hold no other office for profit. They serve staggered terms of six years and may be removed by impeachment or for physical or mental disability as judged by the Montgomery Circuit Court. The Board meets at the call of the Chairman or as determined by its rules. A quorum consists of two members, but all three must hear a case which involves a vote on a pardon based upon innocence, whose sentence to death has been commuted or on an inmate who has not served the lesser of one third of his sentence or ten years.

The power of granting pardons and remitting fines was first delegated to the Governor by the Constitution of 1819, Article IV, Section II. It stated that in all criminal and penal cases, except in those of treason and impeachment, the Governor shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as prescribed by law. In case of treason he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly.

The Constitution of 1875, Article V, Section 12, further expressed that pardons, in cases of murder, arson, burglary, rape, assault with intent to commit rape, perjury, forgery, bribery, and larceny, shall not relieve from civil and political disability, unless specifically expressed in the pardon. Upon conviction of treason, the Governor may suspend the execution of the sentence, and report the same to the General Assembly at the next regular session, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant further reprieve. The Governor shall communicate to the Assembly, at each regular session, each case of reprieve, commutation, or pardon, with his reasons, stating the name and crime of the convict, the sentence, its date, and the date of the reprieve, commutation, or pardon.

In 1901 an Advisory Pardoning Board, composed of the Railroad Commissioners, served as a body to whom the Governor for preliminary examination advice, might submit applications for the pardon or commutation of sentence of convicts sentenced for a felony. The Board also reported annually to the Governor. (Acts 1901, No. 423, pp. 1090-1091).

In 1901, by authority of the Constitution, Article V, Section 124, the Attorney General, Secretary of State, and State Auditor were constituted a Board of Pardons, who were to give opinions in writing to the Governor as to the granting of pardons, paroles, et cetera, after which or on the failure of the Board to advise for more than sixty days, the Governor might grant or refuse the pardon, parole, et cetera.

The Parole Bureau was created by Executive Order in 1935 in order to study prisoners from recommendations of test paroles to the Governor.

It was composed of a Chairman, Associate Member, Secretary, and one Parole Officer for the investigation and supervision of prisoners (Board of Pardons and Paroles, Annual Report, 1983-1984). "The Bureau [had] very limited facilities. [It] did, however, pioneer educational work in the field of paroles in the South." (Board of Pardons and Paroles, Annual Report, 1939-1940).

In 1939, constitutional amendment 38 authorized the Governor to grant reprieves and commutatins to persons under sentence of death. The amendment also empowered to provide for and to regulate the administration of pardons, paroles, and the remission of fines and forfeitures. The Legislature might authorize the courts having criminal jurisdiction to suspend sentence and to order probation. No pardon could relieve from civil and political disabilities unless specified in the pardon. (Proposed by Acts 1939, Special Session, No. 8, p. 8; proclaimed ratified July 21, 1939 [Proclamation Record E, p. 445])

Thus, Amendment 38 took certain powers from the Governor and gave them to the Legislature. The Legislature, in turn, gave this power to the Board of Pardons and Paroles and to the courts in certain counties of the state.

General duties of the Board were: (1) To determine who may be released, when, and the conditions of parole; (2) to supervise prisoners released on parole and to assist courts in supervision of prisoners placed on probation, making such investigations of determining whether parole or probation has been violated, and, in the case of parolees, deciding what action to be taken, and in the case of probationeers, causing reports of such investigations to be made to the Judges of the courts; (3) to aid parolees and probationers in securing employment; (4) to study personally confined prisoners so as to determine their ultimate fitness for parole; and (5) to make an annual report of activities and functions in quadruplicate for the Governor, the Secretary of State, the Department of Archvies and History, and the permanent records of the Board.

Legislation in 1982 added the following powers and duties. The Board (1) may accept grants or gifts for board operations, not individually; (2) may enter contracts; (3) may adopt policy and procedural guidelines for establishing parole consideration eligibility dockets; (4) upon retirement, Probation and Parole Officers employed by the Board may receive their badge and pistol; (5) may establish a program for incentive recognition awards for outstanding employees; (6) may transfer prisoners to authorities in the federal government or other jurisdiction; (7) may administer oaths, examine witnesses, and receive evidence; and (8) since a state official cannot represent an applicant before the Board unless he was counsel of record, the Board may not prohibit his appearance without consideration before the Board on behalf of an applicant. (Acts 1982, No. 82-153, pp. 183-185)

Other duties and powers included: (1) To provide information on the sentenced prisoner's social and criminal records to be filed in the Office of the Board; (2) when investigating prisoners for parole, that the Board of Corrections will cooperate and provide reports and other information; (3) to charge parolees residing in community residential facilities for room and board, with hardship exceptions; and (4) after conviction, to grant pardons and paroles and to remit fines and forfeitures. Each member favoring the above and the restoration of civil and political rights shall enter in the file his reasons in detail, which entry shall be public records, and all other portions of the file shall be privileged. Exceptions from the Board's authority to grant parole, pardon, remission of fine and forfeiture, restoration of rights, furlough, leave, or early release include treason, impeachment, and sentence of death. Acts 83-750 added Class A felonies, felonies involving violence, death, unlawful sexual assault or conduct, sexual abuse of a child, and child abuse, as defined in the Alabama Criminal Code after January 1980. (Acts 1951, No. 599, p. 1030; Acts 1953, No. 822, p. 1105; Acts 1957, No. 195, p. 254; Acts 1967, No. 51, p. 378; Acts 1971, No. 71, p. 33; Acts 1983, No. 83-750, pp. 1249-1253)

Additionally, the Board shall have no authority to tentatively approve, grant, or order any pardon, parole, remission of fine or forfeiture, or restoration of civil and political rights unless: (1) the action is taken in an open public meeting after notice to members; (2) due notice at least thirty days in advance is given to the incumbent Attorney General, the District Attorney who prosecuted, and the Judge who presided over the case; the Chief of Police of the city in which the crime occurred, if it was committed in a city; the Sheriff; and the successors to the District Attorney or Presiding Judge, if they are not living or serving; (3) "due notice" includes the name of the defendant or prisoner, the crime, date of conviction, court in which conviction occurred, the sentence imposed and actual time confined, the action to be considered, the date, time, and place of the meeting, and the right of any person to present his views.

The staff of the Board is headed by an Executive Director, and the Central Office contains Clerical and Files Sections. Local offices throughout the state are presently grouped into seven areas, headed by a District Parole and Probation Supervisor. The Board may employ necessary personnel, subject to the Merit System and the approval of the Governor.