§ 15-22-31 — Warrant for Retaking Parolee; Arrest Without Warrant; Execution of Warrant and Fees Therefor

Alabama § 15-22-31

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 22: Pardons, Paroles, and Probation
• Art. 2: Pardons and Paroles

Text

(a) When the parole officer supervising a parolee or any member of the Board of Pardons and Paroles has reasonable cause to believe that the parolee has violated the conditions of his or her parole, the parole officer or board member may report the violation to the Department of Corrections and request the department to issue a warrant to arrest the parolee. Upon request, the department shall issue an arrest warrant, and the parolee shall be returned to the prison designated on the warrant.
(b) Any parole officer
or
a law enforcement
officer with power of arrest
may arrest a parolee without a warrant
if
the
parolee violates
the conditions of parole
in the presence of the arresting officer
. The arresting officer, or his or her agency, as soon as practicable, but no later than 24 hours following the arrest, shall notify the Board of Pardons and Paroles of the parolee’s arrest. The
parolee
may be detained
in the county jail or other appropriate place of detention until the warrant issued by the Department of Corrections has been received at the place of his or her detention
. A
parolee
shall not
be held longer than 20 days
awaiting the arrival of the warrant
issued by the department
. If a warrant is not issued within
20 days
, the parolee shall be released from custody.
(c)
If the parolee is presented to the county jail with a serious medical condition,
if
the admittance of the parolee would create a security risk to the county jail, or if the jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If while in custody of the county jail the parolee develops a serious medical condition,
if
the presence of the parolee creates a security risk to the county jail, or
if
the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to
his or her
parole officer unless the Department of Corrections has issued an arrest warrant directing the return of the parolee to the
department’s custody
. A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail
pursuant to this subsection
.
(d)
Any parole officer
or law enforcement officer with power of arrest to whom the
warrant, issued by the Department of Corrections pursuant to subsection (a),
is delivered
shall
execute
the
warrant by
arresting the parolee
and returning him
or her
to the prison designated by the Department of Corrections
. The parolee shall be held by the department awaiting
the action of the Board of Pardons and Paroles.
(e) An
officer, other than an officer of the prison or parole officer, shall
receive
fees
for
the execution of
an arrest
warrant
. An officer who transports the parolee
from the place of arrest to the
designated
prison
shall receive fees for transporting the parolee
to the prison.
The
fees shall be paid out of the funds standing to the credit of the Department of Corrections.

Legislative History

(Acts 1939, No. 275, p. 426; Code 1940, T. 42, §10; Acts 1951, No. 599, p. 1030; Acts 1953, No. 734, p. 993; Acts 1989, No. 89-945, p. 1858, §1; Act 2015-185, p. 476, §3; Act 2023-475, §1.)