AGOVA - Victim Info-Snippets

Pardon and Parole Protests

The Alabama Board of Pardon and Paroles notifies victims by certified mail (with a copy of AGOVA) 30 days before an inmate convicted of a violent crime is scheduled to come up for parole or pardon consideration. AGOVA makes a written protest against early release of the defendant on behalf of the victim. In those cases where the victims choose to be present at pardon or parole hearings, AGOVA prepares the victims by explaining the process and describing the environment of the hearing. At the victim's request, an AGOVA representative will also attend this meeting with them.

Guidelines for Sentencing and Parole Considerations

Life Without Parole

This is the only sentence that truly means what it says, at least for now; it can always be "watered down" legislatively.

• This sentence was enacted in 1976 as an alternative to the Death Sentence and in 1980 under the Habitual Offender Law.
• Inmates serving a Life Without Parole sentence are incarcerated at St. Clair, Holman, or Donaldson prisons (with the exception of inmates testing HIV positive who are incarcerated at Limestone).

Life

A criminal can be up for parole "consideration" on a life sentence after serving 10 years or one-third of the inmate’s remaining life expectancy, whichever comes first.

• Parole can be granted in less time if all three Board members sign for parole to be granted; however, IT MUST HAVE ALL THREE SIGNATURES.

Class A Felony Convictions

This sentence can range from ten years to Life, OR, if a deadly weapon is used in commission of the crime, from twenty years to Life.

• Inmates cannot earn Incentive Good Time (IGT) on a Class A felony conviction, even if the sentence is only ten years.

Class B Felony Convictions

The sentence can range from two years to twenty-years, OR, if a deadly weapon is used in commission of the crime, the range is from ten years to twenty years.

• Inmates are automatically eligible to receive IGT on any sentence up to fifteen years, which decreases their actual number of years to serve before reaching their End of Sentence (EOS) date, and also means that they reach the ‘one-third’ of their sentence sooner.
  
  EXAMPLE: "John Smith" was sentenced to 12 years on September 1, 1989 for a conviction of Manslaughter. He has served only 3 years, 7 months, and 20 days, but because he has already earned 1 year, 3 months, and 8 days of IGT, he will reach his EOS date on 11-11-94. (He has a parole hearing on 12-9-92.)
• Inmates, technically, can be paroled at any time as long as all three Board members sign for his/her parole. When the inmate has served at least one-third of the sentence, only two signatures are required for parole to be granted.

Class C Felony Convictions

The sentence can range from one year and one day to ten years, OR, if a deadly weapon is used in commission of the crime, then no less than ten years.

• Parole guidelines are the same as with Class B Felonies.

Miscellaneous Bits and Pieces of Helpful Information

When an inmate is paroled, he/she is under supervision of a parole officer until the end of sentence (EOS) date, and can be restricted by the Parole Board from returning to the county(ies) where the victim and/or the victim's family resides. If the inmate serves until the EOS date, he/she is as "free" as you and I with no supervision, and no restrictions can be enforced. Therefore, in most cases, it is advantageous to the victim and society if the inmate is on parole for a while before reaching the

Open Public Meetings

These are commonly referred to by most of us as Parole Hearings, and they are held weekly on Monday, Tuesday, and Wednesday beginning at 9:00 a.m. The most violent, "crimes against a person" felony cases, are held on Monday. The hearings are informal and are held for one inmate at a time with his/her family, friends, lawyer, pastor, or whoever wishes to attend, sitting at the front of the room. The victim and/or victim’s family, or attendees sit at the back of the room. Those appearing on behalf of the inmate are allowed to speak first and give their reasons as to why they think the inmate should be paroled. The victims and their supporters then give their reasons why the inmate should not be paroled.

When a request for assistance is made from the victim and/or victim's family or anyone in the District Attorney's Office or law enforcement, an AGOVA representative personally attends the hearings and protests on their behalf for the Attorney General. AGOVA writes a protest letter on behalf of the Attorney General for every violent offender up for parole and places the letter in the inmate’s file prior to the hearings each day.