HB40 Alabama 2025 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

2025 Regular Session

Title

Pardons and Parole Board, to create the Criminal Justice Policy Development Council, membership, duties, require the board to use parole release guidelines, parole proceedings revised, provide for appellate review

Summary

HB40 creates a Criminal Justice Policy Development Council to develop validated risk assessments and parole guidelines, requires the Pardons and Paroles Board to use those guidelines, and allows appellate review when the board deviates from them.

What This Bill Does

It establishes the Criminal Justice Policy Development Council with specified members to oversee policy development related to offenders, parole guidelines, and inmate classification. The council must develop and implement validated risk/needs assessments, parole release guidelines, and inmate classification guidelines, and may contract with third parties to do so. It sets deadlines for updating the classification system and adopting guidelines, requires quarterly progress reports to the Legislature, and directs implementation by the Department of Corrections and the Board of Pardons and Paroles once adopted; it also provides for appellate review if the Pardons and Paroles Board deviates from the guidelines and allows inmates to appeal to the Court of Criminal Appeals. The act clarifies that parole guidelines are an aid to decision-making, not a guaranteed right, and outlines the terms of parole and custody if released.

Who It Affects

• Inmates: could receive parole decisions guided by new guidelines and have a right to appeal if a parole decision deviates from them.
• Board of Pardons and Paroles: must use the council-created guidelines, provide written reasons for any deviation, and face appellate review for deviations.
• Department of Corrections: must implement and use the council's systems and guidelines when managing inmates and parole planning.
• Victims and crime victims' families (and VOCAL): may provide input on parole decisions and are to receive explanations if guidelines are deviated from; a council member from VOCAL is included.

Key Provisions

• Creates the Criminal Justice Policy Development Council to oversee development and implementation of validated risk/needs assessments, parole release guidelines, and inmate classification guidelines.
• Members include the Attorney General, legislative committee chairs, minority party leaders, LSA Director, Alabama Sentencing Commission Executive Director, DOC Commissioner, Board of Pardons and Paroles Director, Office of Prosecution Services Executive Director, and VOCAL representative.
• The council must update the inmate classification system, create/adopt parole guidelines, and adopt validated risk/needs assessments by October 1, 2027, and may contract with third parties to develop these systems and guidelines.
• The council will report progress to the Legislature beginning October 1, 2025, and certify completion of each adopted system or guideline; the Department of Corrections and the Board of Pardons and Paroles implement them within 60 days of certification and report on implementation.
• Parole release guidelines shall be created by the council and used by the Pardons and Paroles Board to determine parole fitness; guidelines are actuarially based, reviewed every three years, and publicly posted with an open comment period.
• Guidelines consider risk/needs assessment, proof of progress in reentry plans, input from victims/families, participation in risk-reduction programs, institutional behavior, severity of the offense, and inmate interviews.
• If the board deviates from the guidelines, it must provide a detailed written explanation to the inmate and, upon request, to victims and other parties; deviations are subject to appellate review, with the Court of Criminal Appeals as the venue for appeals.
• Parole decisions remain discretionary; granting parole requires terms set by the board, with the inmate remaining under custody until maximum sentence term expires or until granted a full pardon.
• The act becomes effective June 1, 2025, and the council dissolves January 1, 2028.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State & State Officers