How Does Parole Work in Alabama?
Parole in Alabama allows eligible defendants to serve part of their sentence outside of prison, living under supervision in the community. Granting parole is not automatic, and it doesn’t erase the conviction or the sentence a person was given.
The Alabama Board of Pardons and Paroles makes decisions about parole using a discretionary process and allows the person to be released under supervision if parole is approved.
When Is an Alabama Inmate Eligible for Parole Consideration?
Eligibility for parole is defined by Ala. Code § 15-22-28(e). The Alabama Bureau of Pardons and Paroles determines a parole consideration “set date” by considering factors such as the inmate’s sentence, underlying offense, time served, jail credit, correctional incentive time, and directives from the sentencing court.
The inmate is then assigned an eligibility date for parole consideration. However, being given a set date is not a promise that parole will be granted, or that the hearing will happen on the exact date.
Basically, the set date is the earliest point at which the Board will consider the inmate for parole, not the date they’ll be released. The set date establishes when the inmate becomes eligible for parole consideration, but the actual hearing may be scheduled separately.
Once the hearing arrives, the Board then reviews everything and votes on whether to grant parole. If parole is denied, the Board sets a new date for the next consideration, which can be months or years away depending on the offense and the Board’s findings.
What Does the Parole Board Consider?
The Alabama Board of Pardons and Paroles uses guidelines, but makes individualized determinations in every case.
When reviewing an eligible inmate, the Board may consider:
- The seriousness of the offense (misdemeanor or felony)
- The person’s prior criminal history
- Risk assessments evaluating likelihood to reoffend
- Institutional disciplinary records while incarcerated
- Participation in education or rehabilitative programs
- The strength of reentry and support planning
- The amount of time already served
- Information submitted by victims, law enforcement, family, and advocates
Although the Board’s guidelines provide reference points or baseline scores, they are only one tool; the Board is free to weigh all relevant factors and exercise its own judgment.
What Happens at an Alabama Parole Hearing?
Alabama parole hearings are public sessions led by the Board of Pardons and Paroles. Inmates themselves usually do not appear in person. Supporters of the inmate (such as family, legal counsel, or community advocates) may present statements first.
Opposing parties, including victims or their representatives and law enforcement, are also given the chance to address the Board. Board members may ask questions or review documentation before privately discussing the file and voting whether to grant or deny parole release.
Do Crime Victims Have a Role in the Parole Process?
Yes, Alabama law guarantees victims notice and participation rights in parole proceedings for qualifying offenses. Victims can attend hearings, offer written input in advance, and speak personally before the Board regarding the decision.
Notice to statutory victims generally occurs at least 30 days prior to the hearing through the Alabama Bureau of Pardons and Paroles Victim Services program, ensuring their right to participate and be heard.
What Happens if Parole Is Granted?
If someone is granted parole, this doesn’t mean they are immediately released from prison. The Bureau must first review the inmate’s proposed home placement or reentry plan and coordinate release logistics with the Alabama Department of Corrections.
Once they’re released, the parolee must comply with supervision conditions for a specific period. Parole stays in effect until successfully completed, another lawful discharge is granted, or parole is revoked due to violations or reoffending.
What Happens if Parole Is Denied?
If the Board denies parole, they can set a future consideration date. For nonviolent offenders serving sentences of 20 years or less, the Board generally cannot delay reconsideration more than two years. For other cases, including most violent offenders, they can delay another hearing for up to 5 years.
However, the Board does have authority to deny parole with no new set date. If this happens, the individual is effectively denied parole for the rest of their sentence, and they will not be scheduled automatically for another parole hearing.
Alabama statutes and the Board’s published procedures both permit this approach, particularly when the Board finds parole would not be appropriate under any foreseeable circumstance.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. To Schedule a Free Consultation With a Birmingham Criminal Defense Attorney
A criminal defense lawyer can be incredibly helpful during a parole hearing and the parole process in general. They help you review your case file, gather positive documentation, prepare written statements, coordinate supportive witnesses, and advocate for you at the Board hearing.
An experienced attorney can also clarify what to expect, explain your rights, and develop a strategy for improving your chances of success. If you or your loved one is facing a parole review, contact a Birmingham criminal defense lawyer with Jaffe, Hanle, Whisonant & Knight, P.C. to schedule your free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800