Senate Bill 254 Alabama 2026 Session

Summary

Primary Sponsor

Sam GivhanSenator

Republican

Session

2026 Regular Session

Title

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

Summary

SB254 gives the Board of Pardons and Paroles more discretion over parole violations (instead of automatic revocation for some offenses), adds reinstatement options after certain charges are dismissed, and creates new parole-violation procedures and confinement options, effective October 1, 2026.

What This Bill Does

It allows the board to consider the total circumstances and recommendations from parole hearing officers when deciding sanctions for enumerated-offense parole violations, rather than automatically revoking parole. It adds the option to reinstate parole after new criminal charges are dismissed or resolved as a misdemeanor or criminal violation, rather than automatically ending parole. It creates a Parole Revocation Hearing Officer and a formal parole court to review evidence and decide on revocation or reinstatement, and expands permissible sanctions to include treatment, GPS monitoring, or confinement in specified facilities. It sets specific confinement options and limits (up to 45 days in certain settings for some violations; caps on the number and duration of confinement periods) and outlines procedures for hearings, rights, and timelines.

Who It Affects

• Parolees on parole (including those with enumerated offenses) who could face a wider range of sanctions, a potential for parole reinstatement after certain cases, and access to formal parole court proceedings.
• County jails, sheriffs, the Department of Corrections, and the Board of Pardons and Paroles, which would implement new confinement logistics, funding/reimbursement rules, and hearing procedures.

Key Provisions

• Discretion to consider totality of circumstances and parole-hearing-officer recommendations for enumerated-offense violations; board may choose sanctions rather than automatic revocation.
• If a new criminal charge leads to revocation but charges are dismissed or resolved as a misdemeanor or criminal violation, the board may immediately reinstate parole or hold a hearing within 90 days to decide reinstatement.
• Establishment of a Parole Revocation Hearing Officer and a parole court to determine evidence sufficiency and recommend revocation or reinstatement.
• Authority to impose sanctions under delegated authority (behavioral treatment, substance-abuse treatment, GPS monitoring, or other treatments) and to impose confinement for up to 45 days in a residential transition center or consenting county jail for non-enumerated violations.
• For violations based on a new arrest that involves enumerated offenses (violent offenses, sex offenses, firearm possession by a forbidden person, or aggravated theft by deception), the board shall revoke parole and require the balance of the sentence to be served in a state prison facility or other designated facility.
• For non-enumerated violations, the board may revoke or impose up to 45 days of confinement in a residential transition center or consenting county jail, with confinement time counted from the date of rearrest and coordinated with counties for logistics and reimbursements.
• Total confinement under this section is capped (three periods, up to nine days total; time credited against the original sentence; confinement cannot exceed remaining parole term).
• Logistical rules include immediate confinement, five-business-day documentation timelines, and potential sheriff discretion to admit or release a parolee based on health, security, or capacity concerns (with immunity for officials).
• Rights at parole court include notice of violations, rights to present witnesses and evidence, the right to counsel, and cross-examination; waivers of rights are allowed with supervisor approval.
• The act requires the Board to adopt guidelines and procedures to implement these changes, including supervisor approval for delegated authority.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure