§ 15-22-53 — Powers and Duties of Probation Officers; Restrictions on Inspection of Records, Reports, Etc., of Probation Officers

Alabama § 15-22-53

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 22: Pardons, Paroles, and Probation
• Art. 3: Probation

Text

(a) A probation officer, or a specialist, shall investigate all cases referred to him or her for investigation by any court or by the Board of Pardons and Paroles and shall report in writing thereon. The probation officer shall furnish to persons released on probation under his or her supervision a written statement of the conditions of probation and shall instruct them regarding the same. The probation officer shall monitor the conduct and condition of each person on probation under his or her supervision by visiting, requiring reports, and in ways necessary, based on the offender’s measured risk of offending. Additionally, the probation officer shall provide written reports as often as the court or the board may require. The probation officer shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32, not inconsistent with the provisions imposed by the court, to aid and encourage persons on probation and to bring about improvements in their conduct and condition. The probation officer shall keep detailed records of his or her work and shall provide written reports to the court and the board as often as they may require. A probation officer shall have, in the execution of his or her duties, the powers of arrest and the same right to execute process as is now given or may hereafter be given by law to the sheriffs of this state. Supervision and treatment of probationers shall be conducted pursuant to and consistent with the provisions of subsections (k) and (l) of Section 15-22-24 and Section 15-22-57.
(b) All reports, records, and data assembled by any probation officer or specialist and referred to the court shall be privileged and shall not be available for public inspection except upon order of the court to which the same was referred.
(c) In no case shall the right to inspect the report be denied the defendant or his or her counsel after the report has been completed or filed.

Legislative History

(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §23; Acts 1975, No. 1205, §10-102; Act 2015-185, p. 476, §3; Act 2023-364, §1.)