Section 15-22-36

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 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; and no pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his sentence if his sentence was for less than three years, except upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his innocence of the crime for which he was convicted and the written approval of the judge who tried his case or district attorney or with the written approval of a circuit judge in the circuit where he was convicted if the judge who tried his 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' written 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 city in which the crime occurred, if the crime was committed in a city, 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, such 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) 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 who has been convicted of:

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 1st day of January, 1980, which if committed after the 1st 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) Such 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 conviction;

d. The court in which the conviction occurred;

e. The sentence imposed;

f. The actual time the prisoner has been held in confinement 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; and

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.

(3) Provided however, if the victim is a child such notice shall be given the parents of such victim, or in the event there is no parent, to the guardian of such victim. Provided further, if such victim is deceased such notice shall be given to the surviving members of such victim's immediate family, or in the event there is no immediate family, to a relative of such victim, if any. Provided further, such notice may be waived in writing by any person who is entitled to receive such notice.

(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.)