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AlabamaSB2542026 Regular SessionSenate

Board of Pardons and Paroles; discretion whether to grant or deny parole, further provided; review of parole violations, procedure further provided to require consideration of totality of circumstances; penalties for certain parole-violations, increased

Sponsored By: Sam Givhan (Republican)

Enacted

Criminal Procedure

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Parolees gain hearing deadlines and review

Beginning October 1, 2026, requested parole revocation hearings must occur within 20 business days. A declared state emergency allows an extension to 40 business days, but custody cannot exceed that limit after a request. Missing the applicable deadline requires release back to parole supervision. Parolees retain rights to counsel, witnesses, documents, and questioning adverse witnesses. The law creates a state Merit System hearing-officer position to assess evidence and recommend revocation or reinstatement. Hearings may be conducted by the full board, one board member, a hearing officer, or a designated parole officer. With reasonable cause to believe a violation occurred, the board may declare the parolee delinquent at its next meeting. Corrections officials must promptly notify the board after receiving sheriff notice that a parolee is in county jail. When revocation rests only on a new arrest, the board may schedule another parole hearing after a not-guilty finding. This option also covers dismissal with prejudice, including a prosecutor ending the case with prejudice and without conditions. Scheduling remains subject to the next practicable docket and normal scheduling rules. This option does not apply when the record independently establishes a parole violation; clearing the criminal charge does not guarantee relief.

Sheriffs can refuse unsafe parolee confinement

Beginning October 1, 2026, sheriffs may refuse parolee admission at county jails that are not designated consenting jails. This applies when the parolee has a serious health condition, poses a security risk, or the jail is near capacity. It also applies when the jail is at or over capacity. If a problem arises after admission, the sheriff may release the parolee after notifying the parole officer. Sheriffs and jail employees are protected from liability for exercising this discretion.

Parole violations can mean prison time

Beginning October 1, 2026, Alabama requires parole revocation when enough evidence shows a listed serious violation. These include violent Class A felonies, sex offenses, prohibited firearm possession, and aggravated theft by deception. The parolee must serve the rest of the original sentence in state prison. The board also has discretion to revoke parole for fleeing supervision, possessing a firearm, or a new arrest or conviction. In those cases, it may require all or part of the remaining sentence in prison. Prison time is counted from rearrest as a delinquent parolee. For a violation based on a new arrest, the hearing must determine whether the parolee committed the offense.

Parolees face capped confinement before revocation

Beginning October 1, 2026, parolees outside the listed prison-revocation categories can receive up to 45 consecutive days of confinement. The board may use a residential transition center or a designated consenting county jail. Parolees wait for their hearing in the county jail where the violation occurred. No more than three confinement periods are allowed under this rule. The board cannot revoke parole under this rule unless the parolee has already received three periods. Prior custody time reduces the 45-day limit and counts toward the original prison term. Confinement cannot exceed the remaining parole term, and total confinement under this rule cannot exceed the original sentence. After each period, active parole supervision resumes automatically for the remaining term. Confinement must begin immediately, and required records must reach the receiving facility within five business days of board action. The Department of Corrections reimburses counties for related transfers at the state mileage rate set by the Comptroller.

Parolees get alternatives with short jail limits

Beginning October 1, 2026, parole officers may use treatment, GPS monitoring, or short jail stays instead of a traditional hearing. An administrative review and supervisor approval are required. Before a sanction, parolees must receive a report listing alleged violations and available evidence, plus notice of their hearing rights. A signed waiver permits the sanction and bars later review based on the waived rights. Jail stays must be in consecutive two- or three-day periods, in the county where the violation occurred. Limits are six days per month, no more than three separate months, and nine days total. Active parole supervision resumes automatically after confinement. These sanctions do not prevent the board from later imposing other sanctions, confinement, or revocation. The board must adopt guidelines, supervisor-approval requirements, and procedures for using this authority.

Sponsors & Cosponsors

Sponsor

  • Sam Givhan

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 245 • No: 33

House vote • 4/7/2026

Third Reading in Second House

Yes: 91 • No: 2 • Other: 8

House vote • 4/7/2026

Motion to Read a Third Time and Pass - Adopted Roll Call 1195

Yes: 69 • No: 27 • Other: 8

Senate vote • 3/3/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 680

Yes: 26 • No: 2

Senate vote • 3/3/2026

Givhan motion to Adopt - Adopted Roll Call 679

Yes: 26 • No: 2

Senate vote • 2/26/2026

Third Reading in House of Origin

Yes: 33 • No: 0

Actions Timeline

  1. Enacted

    4/16/2026Senate

  2. Third Reading in Second House

    4/7/2026House

  3. Motion to Read a Third Time and Pass - Adopted Roll Call 1195

    4/7/2026House

  4. Ready to Enroll

    4/7/2026Senate

  5. Ready to Enroll

    4/7/2026Senate

  6. Enrolled

    4/7/2026Senate

  7. Delivered to Governor

    4/7/2026Senate

  8. Signature Requested

    4/7/2026House

  9. Reported Out of Committee Second House

    3/11/2026House

  10. Read for the Second Time and placed on the Calendar

    3/11/2026House

  11. Read for the first time and referred to the House Committee on Judiciary

    3/5/2026House

  12. Pending Committee Action in Second House

    3/5/2026House

  13. Givhan 1st Amendment Offered

    3/3/2026Senate

  14. Givhan motion to Adopt - Adopted Roll Call 679

    3/3/2026Senate

  15. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 680

    3/3/2026Senate

  16. Engrossed

    3/3/2026Senate

  17. Third Reading in House of Origin

    2/26/2026Senate

  18. Carried Over to the Call of the Chair

    2/26/2026Senate

  19. Read for the Second Time and placed on the Calendar

    2/12/2026Senate

  20. Reported Out of Committee House of Origin

    2/11/2026Senate

  21. Read for the first time and referred to the Senate Committee on Judiciary

    2/3/2026Senate

  22. Pending Committee Action in House of Origin

    2/3/2026Senate

Bill Text

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