Alabama Code Title 15. Criminal Procedure § 15-22-26




(a) No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned in prison, but only if the Board of Pardons and Paroles is of the opinion that the prisoner meets criteria and guidelines established by the board to determine a prisoner's fitness for parole.  The guidelines shall serve as an aid in the parole decision process and shall promote the use of prison space for the most violent and greatest risk offenders.  The guidelines shall be structured, actuarially based, reviewed every three years by the board, after a specified open comment period determined by the board, and posted on the website of the board and include, but not be limited to, the following:

(1) The prisoner's risk to reoffend, based upon a validated risk and needs assessment as defined in Section 12-25-32 ;

(2) Progress by the prisoner and the Department of Corrections to plan for reentry;

(3) Input from the victim or victims, the family of the victim or victims, prosecutors, and law enforcement entities;

(4) Participation in risk-reduction programs while incarcerated;

(5) Institutional behavior of the prisoner while incarcerated;  and

(6) Severity of the underlying offense for which the prisoner was sentenced to incarceration.

(b) If the board shall so determine, such prisoner shall be allowed to go upon parole outside of prison walls and enclosure upon such terms and conditions as the board shall prescribe, but to remain while thus on parole in the legal custody of the warden of the prison from which he is paroled until the expiration of the maximum term specified in his sentence or until he is fully pardoned.

(c) The board shall clearly articulate its reasons for approval or denial of parole for each prisoner, based on its established guidelines, and shall provide the reasons for approval or denial to the prisoner, the victim, the Department of Corrections, or any other interested party upon written request submitted to the board.  The use of established guidelines for parole consideration shall not create a right or expectation by a prisoner to parole release.  Additionally, the articulated reasons for denial of parole release shall not create a right or expectation for parole release.  The guidelines shall serve as an aid in the parole decision making process, and the decision concerning parole release shall be at the complete discretion of the board.





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