A Guidebook to Parole in Alabama

This Guidebook is published by the Southern Poverty Law Center (SPLC), a nonprofit organization based in Montgomery, Alabama. It was created by members of the team working on Braggs v. Dunn. Braggs v. Dunn is a lawsuit against the Alabama Department of Corrections over the inadequate quality of its mental health, medical, and dental care, as well as its failure to comply with the Americans with Disabilities Act (ADA).

In talking with our clients in Alabama prisons, many of whom are preparing for parole hearings, we realized that the parole process can be confusing. The purpose of this Guidebook is to explain how parole works, and answer many of the most common questions that have come up in our talks with clients. This is not a complete guide to parole. This Guidebook is not a substitute for or intended to be legal advice. If you have questions about parole or want an attorney to represent you in your parole hearing, you should seek the advice of a lawyer.

The Bureau of Pardons and Paroles (which we will refer to simply as “the Parole Bureau” in this Guidebook) remains the highest authority on all questions related to parole. SPLC is not affiliated with the Parole Bureau or the Alabama Department of Corrections. Specific questions about parole should be directed to the Parole Bureau at the following address:

The Alabama Bureau of Pardons and Paroles
PO Box 302405
Montgomery, AL 36130-2405

The Parole Bureau’s phone number is 334-353-7771. A family member or friend can reach the Parole Bureau by email at questions@paroles.alabama.gov . A full list of Parole Bureau contacts, as well as its rules, can be found at
https://paroles.alabama.gov .

This Guidebook was prepared after consultation with many advocacy organizations doing similar work across the country. We would like to thank everyone who contributed resources, knowledge, and edits to this document.

Most of all we want to thank our clients – both those who have gone through the parole process already and those who are preparing for their hearings – for sharing their perspectives, experiences, frustrations, and questions with us.

Send any questions about this Guidebook to the Southern Poverty Law Center. You can also reach out to us if you are in an Alabama prison and have something to report related to your medical, mental health, or dental care, or issues with ADA accommodations. You can call SPLC from any prison wall phone at 334-328-7918. The number is prepaid, so it won’t come off your books. It is also confidential, so it shouldn’t be recorded.

We sincerely hope that you find this Guidebook useful in navigating the parole process in Alabama.

The SPLC Alabama Prison Team

Alabama Governor Kay Ivey signs HB 380 by Rep. Connie Rowe and Sen. Cam Ward on Thursday, June 6th, 2019 in the Old House Chamber. Photo by Governor's Office, Sydney A. Foster

A Note on the 2019 Parole Bill

In October 2018, Governor Kay Ivey issued an Executive Order making some changes to what was then called the Parole Board. 1 District Attorneys and Victims’ Advocate groups had criticized the Parole Board for releasing an individual on parole who was later charged with a serious crime. 2 Governor Ivey replaced the chairperson of the Parole Board and ordered the Parole Board to develop a Corrective Action Plan. The Parole Board has prepared two Corrective Action Plans in response to the Governor’s request.

In the spring of 2019, Alabama lawmakers passed a law making further changes to parole in Alabama. Known as HB 380 or Act No. 2019-393 (“2019 Parole Bill”), the law restructured the Parole Board and revised the process for early parole consideration, among other changes. It did not change the calculation of initial parole consideration dates. 3 The Board of Pardons and Paroles was also formally renamed the Bureau of Pardons and Paroles. As a result, this Guidebook uses “Parole Bureau” to refer to the agency that was once called the Parole Board. You may still hear people refer to the agency as the “Parole Board,” or use "Parole Board" to refer specifically to the three-person board that makes parole decisions.

How did the 2019 Parole Bill change the structure of the Parole Bureau?

The 2019 law allows the Governor to appoint a “Director of Pardons and Paroles” to oversee the Parole Bureau. The law also requires that one of three members of the Parole Bureau must have significant experience in law enforcement. Specifically, the law states that one member of the Bureau must have at least ten years of experience working for a law enforcement agency that investigates violent crimes or supervises people who have committed violent crimes. Finally, the law made some changes to how new members of the Parole Board are chosen. Appointments are made by the Governor and approved by the Senate. 4

How does the 2019 Parole Bill affect my initial parole consideration?

Initial parole consideration dates are calculated in the same way they were before the HB 380 passed. For more information on initial consideration dates, refer to Section II of this guide.

Did the 2019 Parole Bill do anything else to change the Parole Bureau?

In addition to these changes, the law also expanded some requirements for telling victims about upcoming parole dates. The changes are meant to ensure that people designated as victims, victims’ representatives, or other interested parties have advance notice of upcoming hearings. 5

This section describes the major changes made by the 2019 Parole Bill. Other elements of the bill are reflected throughout the Guidebook. However, it does not describe every single provision of the bill. For full text of the bill, refer to your institution’s law library.

Section 1: Statement Regarding Legal Advice

The material provided here is for basic informational purposes only. It is not meant to be, nor should it be taken as, legal advice. You should not rely on this information instead of seeking the advice of an attorney. Legal issues can be complex, and a person’s rights may vary from case to case depending on small details. Only a lawyer who has taken the time to become fully aware of the facts in a given case can provide you with sound legal advice.

If you feel your rights have been violated or would like advice related to parole, we recommend that you contact an attorney as soon as possible. The law generally requires people to file lawsuits within a certain amount of time after their rights were violated, so it is important to act quickly. At this time, the Southern Poverty Law Center does not represent individuals in parole proceedings.

The Alabama Criminal Justice Center in Montgomery, AL, houses the headquarters of the Alabama Department of Corrections and the Alabama Department of Public Safety. Photo by Rivers A. Langley/Wikimedia

Section II: Introduction to Parole

This section of the Guidebook provides basic background information on how parole works in Alabama and how the Parole Bureau is structured. It includes information on the history of parole in Alabama, the structure of the Parole Bureau, and the basic process for learning if and when you are eligible for parole. Like other sections of this Guidebook, it is organized to respond to the most common questions people may have about these topics. While parole exists in most prison systems, each state operates its parole system differently. This section addresses the way parole works in Alabama.

What is parole? What are parole decisions based on?

Parole is an opportunity offered to some people convicted of crimes to serve part of their sentence outside of prison while still under correctional supervision. Not all people convicted of crimes or serving time in prison are eligible for parole. Not all people eligible for parole will be granted parole. People who are released on parole can be sent back to prison if their parole is revoked. 6 Most people on parole have to follow certain rules, like reporting to a parole officer or staying drug free. Failure to follow the rules of parole can result in someone being sent back to prison, even if that person didn’t commit a new crime. 7

In Alabama, the Parole Bureau reviews each parole applicant’s case and decides whether to grant parole. The decision on who gets parole is made entirely by the Parole Bureau. If the Parole Bureau grants parole, the parole applicant will usually be released from the prison facility onto parole, while still being under the legal custody of the state.

Parole is not supposed to be granted simply for good conduct or behavior while in prison. An applicant must meet the guidelines that the Parole Bureau has set. 8

The Parole Bureau must consider:

The Parole Bureau also considers an applicant’s conduct while in prison. This could include disciplinary history, jobs worked, programs completed, or other relevant factors from an applicant’s time incarcerated in ADOC. 9

What is the difference between probation and parole?

Probation is similar to parole. People on probation are also under supervision of the state without being in prison. However, probation is usually ordered by a Court instead of prison time, whereas parole is granted by the Parole Bureau after people have served part of their time in prison. The Parole Bureau makes decisions about parole. Judges decide whether to place someone on probation. 10

How many people are on parole in Alabama?

According to the United States Department of Justice, there were over 8,500 people estimated to be on parole in Alabama at the end of 2016, a slight increase from previous years. In that same year, over 2,500 people were estimated to have been newly placed on parole in Alabama. 11

What is the Parole Bureau? Who sits on it?

In 1939, the Alabama legislature created a three-member Board of Pardons and Paroles with power over all matters of pardons, paroles, restoration of rights, forgiveness of fines and forfeitures. The authority of the Parole Bureau has been changed several times since then. 12

The Parole Board is currently made up of three members. Their job is to assess the risks and needs of parole applicants being considered for parole. These members are appointed by the Governor from a list of candidates created by a committee of Alabama judges and legislators. The members are usually confirmed by the Senate. If the Senate is not in session when the Governor makes a nomination, the nomination is approved on an interim basis until the Senate can convene. If the Senate adjourns without voting on a nominee, that nominee is confirmed. 13

At least one voting member of the Parole Board must have at least ten years of experience in a law enforcement agency that investigates violent crimes or supervises people convicted of violent crimes. Members of the Parole Board serve six-year terms. 14 Current members of the Parole Board are listed on the Parole Bureau’s website. 15

The Parole Bureau also has a Director of Pardons and Paroles who acts as chief executive. The Director oversees all operations and creates policies for the Parole Bureau. The Governor appoints the Director. 16

Who works at the Parole Bureau other than the three Bureau members?

The Parole Bureau has a large staff, split into divisions based on the different tasks of the Parole Bureau. The staff is primarily divided into four programmatic sections split across the Parole Bureau’s central office in Montgomery and several field offices in counties across Alabama. 17 For a full list of the Parole Bureau’s field offices, see Appendix E. The four program sections are:

Bureau Operations – This section includes units that do much of the work of the Parole Bureau, like deciding hearing dates and parole eligibility, telling relevant parties about upcoming hearings, interviewing applicants, and coordinating releases for people granted parole. Institutional Parole Officers are part of this section. This section is also responsible for taking calls from victims, parole applicants’ family members, members of law enforcement, and other stakeholders. 18

Field Services – This is the section of the Parole Bureau responsible for supervising people on parole (and probation) once they are released into the community. Field Services operates over sixty field offices throughout the state, spread over 14 districts. Field Services also reviews the files of people on parole, reviews reported violations, and is responsible for drug testing and other tasks. 19

Special Populations and Programs – This is the section of the Parole Bureau that oversees the LIFE Tech Transition Center, which is the agency’s only residential facility, as well as seven Day Reporting Centers and other special programs. 20

Interstate Compact Unit– This section is in charge of overseeing the transfer of people on parole (and probation) to other states through the Interstate Compact, as well as supervising people on parole and probation in Alabama who have come from other states. 21

Who is eligible for parole? Am I eligible for parole if I am serving a split sentence?

The Parole Bureau can grant paroles to all eligible persons in prison. If you are serving a split sentence, you must serve the mandatory time of the split sentence. 22

For example, if your judge sentenced you to “20 years, split 5” you must serve the entire five years in prison. During those five years, you will not be eligible for parole. After five years, you will be released on probation for the remainder of your sentence. This also applies to consecutively applied split sentences. For example, if you have three charges and your judge sentences you to “15 years, split 3” for each of the sentences, served consecutively, you will have to serve three years for each conviction, or nine years total. During those nine years, you will not be eligible for parole. 23

For other sentences, the Parole Bureau has established guidelines for deciding when an incarcerated person will be eligible for parole consideration. See the next question for more details.

When will I be eligible for parole? How many years of my sentence must I serve before I have a parole hearing scheduled?

If you have more than one sentence, not including split sentences, your parole will be determined by the longest running sentence. This is called your “controlling sentence.”

If you are receiving “good time” (also called correctional incentive time) on your controlling sentence, your eligibility for parole will be considered according to this chart. 24

What if my controlling sentence is not eligible for good time?

If you are not receiving “good time” on your controlling sentence, then parole will be considered when you have served one third of your sentence or ten years, whichever is less, unless the Parole Bureau finds another time more appropriate. 25

Are there certain crimes that are exceptions to the rules explained on the previous page?

Yes. If you were convicted of the following Class A felonies after March 21, 2001, you must serve 85 percent of your sentence, or 15 years, whichever is less:

For example, if you are serving a life sentence with the possibility of parole for one of the above listed convictions, you will have to serve 15 years before you are eligible for parole consideration.

Can I be considered for parole earlier than the above schedule indicates?

The Parole Bureau does allow you to apply for early parole consideration. However, this process was severely limited by the 2019 Parole Bill. As a result, it is much harder to be granted early parole consideration. The process for applying for early parole is explained below.

What is the new process for applying for early parole?

After serving at least five years of your sentence, you can submit a request for earlier parole consideration. You can make such a request once per year.

Under the 2019 Parole Bill in order to apply for early consideration, parole applicants must show “by clear and convincing evidence” that they are more likely than not to be granted parole. Applicants must also show that they would have been given early consideration under previously existing policies.

The law further describes in general detail what it means to show “by clear and convincing evidence” that someone is more likely than not to be granted parole. This includes:

Are there additional requirements for applying for early parole consideration NOT included in the 2019 Parole Bill?

While not included in the 2019 Parole Bill, the Parole Bureau Rules currently also specify certain requirements for early parole consideration requests, which must be made in writing. The Rules say that an applicant must include a letter of support from one or more of the following:

The Rules further state that requests for early parole consideration will be processed by a Review Committee of at least five members, appointed by the Director of the Parole Bureau. If at least three members of the committee decide to grant an early parole consideration, they can move an applicant’s parole consideration to an earlier date, but it cannot be moved up more than three years. 28

So, if my early parole application is approved by the Review Committee, will I be granted an early parole consideration date?

Not necessarily. The 2019 Parole Bill also requires that before anyone is given early parole consideration, the Parole Bureau must submit notice to the Governor and the Attorney General within 30 days. The Governor and Attorney General then have 14 days to object to the decision. If the Parole Bureau grants somebody parole through an early parole consideration process without notifying the Governor and Attorney General, that decision can be reversed and parole can be revoked. Basically, the Governor and Attorney General must be given notice and have the chance to object to any early parole consideration. 29

What is medical parole? Could I be granted parole based on my age or medical condition?

By law, medical parole can be granted by the Parole Bureau based on certain requirements listed below. Even if you meet the requirements for medical parole consideration, that does not guarantee that medical parole will be granted. Very few people, if any, have received medical parole in Alabama.

According to the Parole Bureau, at least every six months, geriatric, permanently incapacitated and terminally ill patients are put on the next available docket under medical parole if:

The Department of Corrections is responsible for giving a list of persons eligible for medical parole to the Parole Bureau. If you are referred to the Parole Bureau for medical parole, you will be entered into the parole hearing docket in the same way as everyone else. You will still have a parole hearing to determine your eligibility for release on parole. 30

What is Mandatory Release? How do I know if I am eligible?

You may have heard of people receiving letters from the Parole Bureau saying they are being released on “Mandatory Supervision” or “Mandatory Release.” To the best of our knowledge, Mandatory Release applies to certain people who were sentenced AFTER January 31, 2016. People subject to this policy are released some period of time before their End Of Sentence (EOS) under intensive supervision by the Parole Bureau.

It is our understanding that Mandatory Release was created by a 2015 sentencing reform. Because the provision is relatively new, we don’t know exactly how it works or who is eligible. People subject to mandatory release do not have a parole hearing, but they do have to submit a home plan and they will be subject to intensive monitoring by the Parole Bureau during the period between their release and their EOS.

To the best of our knowledge, you cannot apply for Mandatory Release. People whose conviction includes any sex offense against a child (as defined in Section 15-20A-4 of the Alabama Code) will not be eligible for Mandatory Release. For more information on Mandatory Supervision, see Section 15-22-26.2 of the Alabama Code.

Do I have to apply for parole?

No, once you are eligible for parole, a hearing will be set for you by the Parole Bureau. You don’t have to do anything to start that process. 31

When will my parole hearing date be set?

Your parole hearing date will typically be listed online as the first of a month for a particular year. For example, if you become eligible for parole in August of 2020, the “Parole Consideration Date” will be listed on ADOC’s website as 08/01/2020. This does not mean that your hearing will occur on August 1, or even that it will occur in August. As your parole hearing approaches the Parole Bureau will set an exact date. Because of the high volume of cases that the Parole Bureau hears, it may schedule your parole hearing several months after your parole consideration date. The Parole Bureau’s website generally lists the next two months of scheduled hearing dates. 32

How will I find out about my parole hearing date?

You should be informed of your parole hearing date by mail several months before your hearing.

What else happens before my hearing?

Several weeks prior to your parole hearing, you should be visited by an institutional parole officer, or IPO. The IPO should conduct a detailed interview with you that may last up to an hour and a half. This interview will consist of questions about your underlying conviction, your disciplinary and institutional record while in ADOC, and other questions related to your behavior.

The IPO will also ask you about any plans that you have for after your release, including possible jobs and places to live. These are known as your home plan and job plan. For more information on home and job plans, see Section III of this Guidebook. If you have not already been informed of your parole hearing date, you can ask the IPO during this interview. You can also ask your institution’s classification officer in the weeks leading up to your parole eligibility date. You will not know the date of your interview with the IPO beforehand, so you should prepare for it several months in advance of your parole eligibility date.

One way to prepare for an IPO interview is to prepare a “parole packet” of relevant documents from your time in prison. Parole packets are not a requirement for making parole. However, some people choose to include documents such as:

You should make sure that you keep copies of any documents that you provide to the IPO during this meeting. You may consider sending a copy of your parole packet to any supporters or family members who intend to speak on your behalf at the parole hearing. Refer to Section III for more information about how to prepare for parole.

When and where does the Parole Board meet?

At the time this Guidebook is being published, the Parole Board meets at 301 South Ripley Street in Montgomery at 9:00 am, generally on Tuesdays, Wednesdays, and Thursdays. 33 However, the Parole Bureau recently announced that it will be moving its offices. The Parole Bureau plans to move from Ripley Street in downtown Montgomery to the Capitol Commerce Center in east Montgomery, just north of Interstate 85. It was reported that this move will be complete in April 2020. 34

The Bureau continues to meet until all parole hearings scheduled for the day are complete. The Parole Bureau must hold meetings that are open to the public, and announce who will be considered for parole. This information is listed on the Bureau’s website at paroles.alabama.gov . There is often a line at the Parole Bureau the morning that hearings occur, so anyone attending on your behalf may want to arrive early. Parking around the current location of the Parole Bureau is metered, so your supporters may want to bring quarters.

Do I need a lawyer to go before the Parole Board on my behalf?

You can have a lawyer represent you in parole proceedings, but you are not required to have one, and the court will not appoint you one for free. SPLC’s attorney referral list (see Appendix B to this Guidebook for information on how to request the list) includes some lawyers who handle parole cases. At this time, SPLC does not handle parole cases.

Photo credit iStockphoto

Section III: Preparing for Parole Hearing

Once you become eligible for parole, you will be scheduled for a parole hearing as described in Section II. However, there are things that you can do to start preparing for your hearing before it is scheduled. In fact, you can start preparing for parole from the time you are first incarcerated. Every aspect of your time in prison will be considered by the Parole Bureau. This section addresses questions that you may have in preparing for your parole hearing, including things you may want to do to prepare, information on home plans and halfway houses, and a description of the parole hearing itself.

What can I do while in prison to increase my chance of getting parole?

The Parole Bureau will want to see that you have learned from the situation that led to you being in prison. They will also want to see that you have made the most of your time in prison. Taking classes, staying out of trouble, and developing positive relationships are some of the most common ways to show such progress. 35

You can take advantage of any job, education, and personal growth programming offered in prison. This includes substance abuse treatment (including “crime bill” and SAP classes), emotion management therapy, mental health groups, and GED, trade school, or college courses. If you can, you should develop job skills through technical programs and get any work certifications that are available. This may also help you find job opportunities after you are released from prison. Keep any documents, certificates, or awards so that you can present them to the Parole Bureau and show how you have made the most of the opportunities available to you.

Stay Out of Trouble

Do your best to avoid fights, citations, and disciplinaries. If you disagree with a disciplinary or feel that you need to provide further information or context about the incident, you can document this by writing a letter to classification and/or the Warden and asking that a copy of your letter be placed in your institutional file (or “jacket”) so you will later be able to explain the situation to the Parole Bureau. It is your decision whether to try to explain or address specific events that led to disciplinaries – we cannot predict whether it will help or hurt your case with the Parole Bureau.

If it is possible, find a staff member – like a chaplain, teacher, work supervisor, or even correctional officer – to develop a positive relationship with. It will be helpful to have people who know you well and may even advocate on your behalf when the Parole Bureau is deciding whether to grant your parole. Advocates can write a letter on your behalf or even appear in person at your hearing. If you want to apply for early parole consideration, you will need a letter of support from an ADOC staff member. For more information on applying for early parole, see Section II.

What are home plans and job plans?

One of the most important things that the Parole Bureau will consider in your application is whether you have a plan for what will happen once you are released on parole. They want to know that you will have a place to live so that they can supervise you in the appropriate field office. This is known as your “home plan.” Your home plan could be a residence that you own, the home of a friend or family member who is willing to host you, or a halfway house. Your home plan must be investigated and approved by the Parole Bureau before you are released from prison.

The Parole Bureau will also want to know whether you have a job lined up for when you are released or plans to find one. This is known as your “job plan.” Showing that you have a plan for what you will be doing upon release will show the Parole Bureau that you are serious about reentering society and staying out of prison. However, you do not need to have a job to be granted parole, especially if you are unable to work due to age or disability.

How do I make a job plan?

For your job plan, you may want to think about connections you have to potential employers on the outside. These could be family members, friends, or past employers. If possible, contact the potential employer (or have a family member or friend contact the employer on your behalf) and try to confirm that there will be a position for you once you get out.

It may be helpful to write a cover letter and résumé to potential employers during this stage. See Appendix C for examples of résumés and information about cover letters. If you are having trouble thinking about what jobs to look for, it may help to brainstorm all the skills you have and the previous jobs you’ve held (both before and during your incarceration). It is generally helpful to provide the Parole Bureau with the names of people who have agreed to hire you, or past employers who can vouch for your work skills.

At least a month before your parole date, make sure you have contacted your potential employer and confirmed that they are prepared to hire you.

How do I make a home plan?

For your home plan, think about where you will live after you are released. Do you have family members or friends in Alabama who you can stay with? Keep in mind that whoever you live with may be required to drive you to court-ordered appointments. If you do not have a place to stay with family or friends, another option is to go to a halfway house upon release from prison.

Halfway houses are transitional homes that help people find jobs and gain financial independence. Many offer drug and alcohol treatment services, and some provide medical and mental health support as well. We included a partial list of halfway houses at the end of this Guidebook, in Appendix D. If you will require medical or mental health attention when you are released, plan for this as well.

While it is possible to arrange a home plan in a state other than Alabama, this might slow down your parole approval process. For more information about arranging a home plan outside of Alabama, see the section below describing the Interstate Compact Unit.

You will need to provide the Parole Bureau with the address of the residence you are proposing as your home plan, as well as the names and contact information for the people who live in that residence. You should provide this information during your interview with an Institutional Parole Officer. If you don’t have a home plan at the time of your meeting with an IPO, you can send it afterwards through a letter to the Parole Bureau, or by talking to your IPO again. It is important that the information that you provide to the Parole Bureau is accurate and up to date.

At least a month before your parole date, make sure you have contacted the family members, friends, or the halfway house you plan to live with and have confirmed that they are ready to take you in. The Parole Bureau’s Field Services Division will be checking in with the people you list as living at the place you list in your home plan, so it is important that they are aware of the plan and are ready to take you in.

How will my home plan be investigated? What could cause my home plan to fail?

The Parole Bureau will investigate to make sure your home plan can adequately support a person leaving prison. Some things that may lead to a denial of your home plan can include:

If I want to list a friend or family member’s residence as my home plan, what information do I need from them?

You will need to know the address of the place where you plan to stay, the name of who you will be living with, and a phone number where that person may be reached. You may also need to know the names and ages of anyone else who lives in the household. If they live in an apartment building, you may need to confirm that their lease allows you to stay there.

How can my friends or family who I am hoping to live with prepare for the investigation?

The Parole Bureau frequently asks friends and family who are listed as the home plan if they will be willing and able to help their friend or loved one check in with their parole officer and with attendance at any required programs. People on parole are not always able to legally drive a car, and the Parole Bureau may also ask if the friends and family will be able to provide transportation for the person on parole. It is important that friends and family are honest about what they can provide to the person on parole.

You said that my home plan could be a halfway house. What is a halfway house?

Halfway houses are programs to help people transition from prison to life in the free world. People live together in halfway houses after they have been released from prison. Halfway houses often involve addiction treatment programs. They are often privately run by churches and faith organizations, but not always. Different halfway houses have different rules and services. Some ways they are different from each other include:

Some halfway houses have a formal application process. Others are more informal, and only ask for a short phone conversation ahead of time. See Appendix D, which lists some halfway houses in Alabama, for more information.

If the halfway house you are interested in is full, you may ask to be placed on a waiting list. To maximize your chances of being accepted to a halfway house, contact them well ahead of your scheduled parole consideration date. Your classification or Institutional Parole Officer should also be able to help you identify and contact halfway houses, including those not listed in the appendix.

How do I figure out the best halfway house to apply to? Are they really all that different?

Some halfway houses cost money. Others are free. If you are considering a halfway house, please see Appendix D to help you decide on the correct place for you, or contact your IPO or classification officer.

The following are some of the most important things to keep in mind in selecting a halfway house:

Somebody gave me the name of a halfway house that I want to go to, but it’s not listed in the appendix – will I still be able to go?

The appendix is not a complete list of halfway houses in Alabama. It is a list of halfway houses that we have been able to confirm are in operation, and which should already be approved by the Parole Bureau. There are other halfway houses in the state that you may be able to go to. If the halfway house is brand new, the Parole Bureau may send someone to investigate the halfway house and make sure that it meets their requirements.

Can I list a home plan that is not in Alabama? How does that work?

The Interstate Compact Office provides an option for people looking to serve their parole outside of Alabama. The Interstate Compact for Adult Offender Supervision is a legal agreement between the fifty states, Washington, D.C., Puerto Rico, and the U.S. Virgin Islands. 36

The Interstate Compact allows states to supervise people on parole from other states that are part of the compact, if that person is approved for an out-of-state home plan. If you serve your parole outside of Alabama and violate the conditions of parole, the Compact also provides for your return to court or prison in Alabama. 37

How do I apply for an out-of-state home plan?

You can start an Interstate Compact application by informing your Institutional Parole Officer that you intend to move out of state if granted parole. If you make this decision after your first meeting with the IPO, you can send a letter to the Parole Bureau saying that you now want an out-of-state home plan. You should not leave the state until it has been approved.

An out-of-state home plan is slightly different from an in-state plan. You or your family will need to pay $75 to the Interstate Compact Division to initiate the out-of-state investigation. Their address is listed below. You will also need to agree to the terms of parole in the state where you intend to go, in addition to Alabama’s conditions of parole.

If you are granted parole, an investigation of your out-of-state home plan will occur, similar to in-state plans. However, since the Parole Bureau in Alabama needs to coordinate with the parole office in another state, this process can take much longer than the in-state process. If the investigation into your out-of-state home plan fails and you wish to try another out-of-state home plan, you will likely have to pay the fee again.

If you have any questions about the out-of-state compact process, you can contact the division at the following address:

Interstate Compact Division
State Criminal Justice Center
PO Box 302405
Montgomery, AL 36130-2405
interstate.compact@paroles.alabama.gov
334-353-7443

What about out-of-state halfway houses? Can I list a halfway house in a different state?

It is possible to go to a halfway house in another state. However, if you wish to apply to a halfway house outside of Alabama, you must have a family member living in the same city as the out-of-state halfway house.

Can I be granted parole without a home plan?

An applicant can be granted parole without a home plan, but the Parole Bureau often reviews the home plan carefully to aid its decision-making process. It is likely that the absence of a home plan will be held against you. If you make parole without having a home plan on record, you will likely be visited by an IPO to create a home plan. You will not be released from prison until the Parole Bureau has investigated and approved of a home plan.

PREPARING FOR YOUR PAROLE HEARING

My classification and/or Institutional Parole Officer (IPO) didn’t tell me my hearing date. How do I find out when my parole hearing is scheduled?

Ask a free world friend or family member to check the Parole Bureau website, which has a tab listing hearing dates, or to call the Parole Bureau at (334)-353-7771 and ask for your scheduled hearing date. If your friend or family member calls the Parole Bureau, they will need to know your AIS number to find your hearing date.

What should I expect before my parole hearing?

A few weeks before your parole hearing, an Institutional Parole Officer (IPO) should interview you and conduct a risk and needs assessment. The IPO may ask you about: your criminal case, your disciplinary history in prison, the neighborhood where you’ll be living after release, substance abuse, how you respond to things you can’t control and people who upset you, your education and employment history, and your family support.

You should think through your home and job plan before this interview and be prepared to discuss it with the IPO. This is a good opportunity to ask any questions you have about your parole case, as the IPO works for the Parole Bureau, whereas your classification officer works for the Department of Corrections.

What materials can I send to the Parole Bureau before my hearing?

You are not required to send anything to the Parole Bureau prior to your hearing. However, it is a good idea to send materials, letters, or information to the Parole Bureau. The most common materials people have sent to the Parole Bureau are letters of support from family, friends, and others in the community who support your parole. These could include officers and prison staff with whom you have a good relationship, job supervisors, faith leaders, your lawyer, or an employer who plans to hire you. You should only ask for letters from people you know well, and who you know will speak positively about you. The letters often include the following elements:

Can I write a letter to the Parole Bureau? What should it include?

You are not required to send a letter to the Parole Bureau on your own behalf. Whether or not to write to the Parole Bureau is a very personal decision, and ultimately up to you. If you choose to write a letter to the Parole Bureau, some helpful points to discuss are:

Can I get a parole attorney to speak on my behalf? How do I find one? What if I don’t have money to hire one?

You are allowed to be represented by an attorney at your parole hearing, but you are not required to have one. It is your decision whether or not to have an attorney represent you. Attorneys are trained to present arguments effectively, so a good, experienced parole attorney will gather all the facts about your situation and persuasively argue the case to grant parole during your Parole Bureau hearing. While most parole attorneys charge clients for their services, some will represent low-income clients for free (this is called pro bono, which means “for the public good”). See Appendix B for information on how to request a list of some parole attorneys who represent clients in Alabama, some of them on a pro bono basis. SPLC does not represent individuals at parole hearings.

If you are considering hiring a lawyer for your parole case, you or your family may want to ask the lawyer the following questions: (1) How much will they charge? Will it be a flat rate or will you be billed for the attorney’s time? (2) Has the attorney handled parole cases before? (3) What will the attorney do to prepare for your case? (4) Will the attorney visit you in prison prior to your parole hearing date?

If you or your family cannot afford an attorney, there are other ways to have support at the parole hearing. See Section VI of this Guidebook for information on how family members can advocate for their loved ones at parole hearings. Please note that many people make parole without having a lawyer help them.

Who can I ask to attend my parole hearing? How many people?

You do not have to have anyone present at your hearing in order to be granted parole. However, it is helpful to ask friends, family, or other loved ones to attend the hearing. In our experience, having one to three supporters speak on your behalf is common. According to the Parole Bureau, no more than three supporters may speak on your behalf. However, additional supporters can come to sit and watch.

Your supporters, especially those speaking before the Parole Bureau, should be people who know you well and who can advocate for you and explain why you should be granted parole. You may want the people named in your home plan (who you will be staying with when you are released) to be present since the Parole Bureau may want to ask them questions. If you have a parole attorney, the attorney will be present as well. Anyone who speaks on your behalf should be ready to answer questions from the Parole Bureau members.

How can my supporters prepare?

The Parole Bureau will often begin the hearing by asking “Tell us about [Your Name]. Why should we grant them parole?” Your supporters need to be prepared with an answer to this question. Supporters frequently discuss their loved one’s good character, growth and progress while in prison, and home and job plan. The Parole Bureau may also ask the people speaking on your behalf about their history with you, how they got to know you, and about themselves (where they work, for example). The Parole Bureau may also ask your supporters questions about your disciplinary record. Of course, all of this can vary by parole hearing. Most likely, your supporters will only be able to speak for a few minutes. For more information on how family members and supporters can support a parole application, see Section VI of this Guidebook.


Alabama Bureau of Pardons and Paroles at 301 Ripley Street in Montgomery, AL. (Photo from Twitter/@ALBPP)