Attorney Notes

    BOARD OF 

-p XRDONS and PAROLES 

ANNUAL REPORT 

19-80-1981 





ALABAMA BOARD 
OF 

PARDONS AND PAROLES 

Suite 312 
750 Washington Avenue 
Montgomery, Alabama 36130 
(205) 832-3070 

Ealon M. Lambert 
Chairman 

John T. Porter· 
Member 

Jack C. Lufkin 
Member 

David H. Williams 
Executive Director 

1 



LETTER OF TRANSMITTAL 

Honorable Fob James 
Governor of the State of Alabama 
Montgomery, Alabama 

Dear Sir: 

November 16, 1981 

In compliance with statutory provisions, we are transmitting herewith 
the Forty-Second Annual Report of this Board covering the fiscal yea,r 
October 1, 1980 to September 30, 1981. -

Copies of the report are being filed in the offices of the Secretary of State, 
Department of Archives and History, and the Bureau of Publicity and 
Information. 

Respectfully submitted, 

s;;:=o;;;RD~ 

Ealon M. Lambert 

Tr??vk 

2 



CODE OF ETHICS 

The Board and its staff subscribes to the following Code of Ethics in 
the performance of their duties. 

TO SERVE WITH HUMILITY 

TO UPHOLD THE LAW WITH DIGNITY 

TO BE OBJECTIVE IN THE PERFORMANCE 
OF MY DUTIES 

TO RESPECT THE INALIENABLE RIGHTS 
OF ALL PERSONS 

TO HOLD INVIOLATE THOSE CONFIDENCES 
REPOSED IN ME 

TO COOPERATE WITH FELLOW WORKERS 
AND RELATED AGENCIES 

TO BE AWARE OF MY RESPONSIBILITIES TO THE 
INDIVIDUAL AND TO THE COMMUNITY 

TO IMPROVE MY PROFESSIONAL STANDARDS 
THROUGH CONTINUOUSLY SEEKING 
KNOWLEDGE AND UNDERSTANDING 

3 



PAROLE AND COMMUNITY PROTECTION 

This Board believes that its primary business is community pro­
tection. With or without parole, approximately 95 percent of incar­
cerated offenders will walk the streets again. The real question then is 
not whether offenders should be released; but rather -

WHEN SHOULD OFFENDERS BE RELEASED? and, WHAT 
ARE THE BEST CIRCUMSTANCES FOR THEIR RELEASE? 

The Board's philosophy - implemented by its procedures - is that 
these questions can only be answered intelligently after a careful study of 
each inmate's -

-Criminal History 
-Family Background 
- Prison Progress 
-Parole Resources 

When these factors add up to a minimal risk to the community, the 
Board believes that it is in the community's interest to release an inmate. 
The Board believes that it is best to release an inmate -

-Before he is prison hardened 
- While family ties are still intact 
-When he is guaranteed employment 
- While he will have the control and support 

of a trained parole officer. 

Parole is not leniency; it does not end or shorten a sentence. 

Parole provides the opportunity for changing the offenders habits and 
life patterns - for making him an asset to the community. The Board 
believes that the surest guarantee of community safety, is a reformed life. 

The Board recognizes, of course, that with present knowledge and 
controls, some cannot be changed- that some represent such a threat to 
the public that they may never be a safe risk on parole. The Board strives 
to use all information available and to exercise the best judgment 
possible in identifying these cases and making sure that these offenders 
remain in prison. 

4 



An offender who can be safely paroled is released subject to specific 
conditions. If he violates any of these conditions, he may be promptly 
returned to prison to continue serving his time. The Board believes, and 
statistics support the belief, that parole is an effective and economical 
means of bridging the gap between the regimentation of prison and the 
freedom of community living. Carefully administered parole protects 
YOU. 

5 



HISTORY OF THE DEPARTMENT 

Alabama's first parole law was passed in 1897. It authorized the 
Governor to discharge an inmate and suspend a sentence without 
granting a pardon. He was authorized to prescribe the terms upon which 
an inmate so paroled shall have a sentence suspended, and to secure the 
rearrest and reimprisonment of any parolee who failed to observe the 
conditions of his parole. Prior to this law the only legal means of releasing 
a prisoner, before the expiration of the sentence, was by pardons granted 
by the Governor. 

The Constitution of 1901 gave the Governor the power to grant paroles. 
It also provided for the establishment of a Board of Pardons composed of 
the Attorney General, State Auditor, and Secretary of State, to advise the 
Governor on parole and clemency matters. 

In 1919, an act was passed providing for the imposition of in­
determinate sentences upon certain persons convicted of felonies and for 
the parole of such persons at the expiration of the minim urn sentence by 
the Board of Pardons without the approval of the Governor. This act was 
repealed in 1939, and now only definite sentences are authorized. 

In 1935, the Governor created by executive order the Alabama Parole 
Bureau to make an independent study of prisoners confined in the prisons 
of Alabama to recommend to the Governor those worthy of test paroles. 
The bureau was composed of a chairman, an associate member, and a 
secretary. Only one parole officer was provided for the investigation and 
supervision of prisoners. 

On July 11, 1939, a constitutional amendment was adopted, providing 
for the removal of the pardoning and paroling authority from the 
Governor and placing it in the hands of the legislature. The legislature 
passed an enabling act in August, 1939 providing for the creating of a 
three-member State Board of Pardons and Paroles, with complete and 
final authority in matters of pardons, paroles, restoration of civil and 
political rights, and remissions of fines and forfeitures. This act was 
substantially amended in 1951. (Title 42, Code of Alabama, 1940 as 
amended). The present statutory authority is Title 15, Code of Alabama, 
1975 as amended. The three original members of the Board were Judge 
Alex Smith, Chairman; Mrs. Edwina Mitchell, Associate Member; 
Judge Robert M. Hill, Associate Member. They were appointed on 
September 1, 1939, for staggered terms of two (2), four (4), and six (6) 
years. All subsequent terms are for six years. The Board appointed 
thirteen probation and parole officers on October 1, 1939. 

6 



PROBATION IN ALABAMA 

Adult probation in Alabama began on August 24, 1939, when the 
Governor approved an enabling act, giving the legislature power to 
authorize adult probation. 

Prior to this time it had been held that the Alabama courts did not 
have inherent power to suspend sentences. The courts action in suspend­
ing sentences was held to be an encroachment on the executive power to 
pardon, commute, and reprieve. In 1931 the legislature passed a law 
giving the judges power to suspend execution of sentences and place 
offenders on probation. This act was declared unconstitutional in 1935. 
Had it been constitutional it would have done little more than authorize 
suspended sentences since, in most cases, there was no provision for 
investigation and supervision. 

Under the present adult probation law Alabama has a statewide 
uniform administration of probation. Probation Officers are appointed 
by the State Board of Pardons and Paroles, subject to the Merit System, 
and are supervised by the Board. Probation Officers act in a dual 
capacity in that they serve the courts in probation matters and the Board 
in parole matters. 

7 



DUTIES OF THE BOARD 

The Board determines which prisoners serving in the jails and prisons 
of this state shall be paroled. (The Jefferson County Parole Board 
exercises jurisdiction over jail inmates in that county.) The Board 
prescribes the conditions of parole and determines whether a parolee 
who has violated any of these conditions should be revoked or continued 
on parole. 

The Board provides probation services for those courts having proba­
tionary powers. Investigative and supervision services provided to these 
courts are similar in kind and identical in quality to those provided the 
Board in parole cases. 

The Board grants pardons and/or restoration of civil and political 
rights to those persons who have shown evidence of rehabilitation and 
who have demonstrated the ability to live as good citizens. 

The Board remits fines and bond forfeitures. 

The Board develops policies and procedures and maintains the neces­
sary staff to implement the performance of these duties. 

In the performance of its duties, the Board is primarily concerned 
with changing behavior in such a way that the offender will be enabled to 
conform with the laws and with minimal standards of conduct of his 
community. To further this goal of providing community protection by 
improving the client's behavior, the Board strives to upgrade its staff by 
providing in-service training and other opportunities for learning 
experiences. 

The Board can work more effectively when the public is informed 
about and interested in the work and accomplishments of the depart­
ment. Public relations is, therefore, an integral part of the daily job for 
the Board and its staff. 

A weekly public hearing provides an opportunity for anyone who has 
an interest in a case to appear before the Board without prior appoint­
ment. 

8 



BOARDOFPARDONSANDPAROLES 
PERSONNEL 

Board Members 3 

Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

Probation and Parole Officer IV ...... ·. . . . . . . . . . . . . . . . . . . . . . . . . 5 

Probation and Parole Officer III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 

Probation and Parole Officer II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 

Probation and Parole Officer I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 

Clerical Staff, Main Office , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 

Field Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 

Accountants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

Account Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

Group Home Parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

Laborer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

Clerical Aides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 

9 



COST OF OPERATIONS 

Salaries: Board Members . . . . . . . . . . . . $ 116,455 
Other Salaries ............. -------'32-,4"-'4"-"0"-',0'-"'2~1 

Employee Benefits: 
FICA . . . . . . . . . . . . . . . . . . . . . . 62,318 
Group Health Insurance . . . . 15,959 
Retirement Contributions . . . 70,281 
Unemployment Comp ....... - ---=2=3'--',6:....::6'-=-4 

Travel-In-State ..... . . ... .......... . .......... ..... . 

Travel-Out-Of-State ... . . ... . ..... ............ .. .. .. . 

Repairs and Maintenance ... .. . . . . .. ... .. . ......... . . 

Rentals and Leases .. ... . ... . . .... ...... . ........... . 

Utilities and Communications ..... . .. ...... .. ...... . . 

Professional Services .. .. ... . ... ~ . .... . . ... .. ....... . 

Supplies, Materials & Operating Expenses .......... . 

Transportation Equipment Operations .. ............ . 

Other Equipment Purchases ... . . . .. .. .............. . 

$3,556,476 

172,222 

62,752 

1,567 

6,235 

93,117 

96,480 

11,449 

26,970 

50,714 

3,809 

Non-Expenditures Disbursements .. ............... . . - ------"'-8'-'=8'-"'5-"-0 

Grand Total ... . . . . . ............. ======:4,~0=90~, 6=4=1 

Source of Funds: 

General Fund ............. . 
Federal Funds . . .... . ..... . 
Probationers Upkeep 

Fund . . ................. . 
Departmental Emergency 

Fund ... . ... . ........... . 
Montgomery County 

$2,747,437 
40,879 

1,143,595 

82,000 

Commission . . . . . . . . . . . . . . 76,622 
Other ................... . . . - -----'1"-'0=8 

Total $4,090,641 

10 



SELECTING AND SCHEDULING CASES FOR PAROLE 

In order to make an informed decision, the Board causes a file, to be 
prepared on all prisoners shortly after they are received in the correction­
al system. When completed, the file is reviewed and an initial parole 
consideration date scheduled. Those prisoners who committed crimes 
prior to May 19, 1980 are scheduled for initial consideration upon 
completion of one-third of their term or ten years (whichever is less). By 
law, the time may be reduced by application of Incentive Good Time 
credit. Most other prisoners (except those legally barred from parole and 
those whose sentence includes a mandatory fixed term prior to parole) 
are scheduled under parole guidelines. 

Under the parole guidelines, a prisoner will be scheduled for consider­
ation after serving one-half of his prison term or fifteen (15) years, 
whichever is less, if his sentence was ten (10) years or more and (a) his 
offense was a heinous crime or (b) his offense was of a violent nature and 
hi~ previous behavior indicates a high potential for future violence. 

Other guideline cases will be scheduled for initial parole consideration 
on or before service of one-third of their total term. Factors used in 
determining the consideration date are: past criminal record, pattern 
and severity of the present offense, community attitude toward the 
offender. 

Each case scheduled for progress review is placed on an automatic 
calendar. The progress review includes a study of the prisoner's conduct 
and work record while in prison; his general progress, attitude, and 
prison official's reports and recommendations. 

Parole is granted 

If Parole is denied 

-If the inmate's prison adjustment is good 
- If there are no valid prot~sts to parole 
-If the inmate's release appears to be compatible 

with society's welfare 
- If the Board believes the inmate has served a 

sufficient portion of his sentence 
- If a satisfactory parole plan is available 

-The inmate may be required to serve the re­
mainder of his sentence if less than 3 years 

- He may be given a new progress review date with­
in a minimum of 6 months and a maximum of 
3 years 

11 



INTERSTATE CASES 

The department is responsible for all Alabama parole and probation 
cases being transferred to other states for supervision and for providing 
investigation and supervision when a parolee or probationer from 
another state requests a transfer to Alabama. In interstate matters the 
department is guided by the provisions of the Interstate Compact. The 
compact is an agreement between all fifty states, Puerto Rico, and the 
Virgin Islands, to serve as agents for each other in parole and probation 
matters. For instance, if an inmate in Alabama wants to live in Georgia 
after his release, the Georgia authorities will act as the Alabama agent, 
investigating inmate's home and work plan, providing parole supervision 
and informing us of the parolee's progress and conduct. 

The Compact also allows for the return of serious parole violators 
without costly and time consuming extradition proceedings. In all cases 
of out-of-state parole, the paroling state retains control of the parolee but 
the parolee is also bound by the rules and regulations of the state to which 
he has been paroled. 

12 



Considered 
Denied 
Granted 

Declared 
Delinquent 

Revoked 

PAROLE STATISTICS* 

October 1, 1980 to 
September 30, 1981 

3,092 
1,278 
1,814 

October 1, 1980 to 
September 30, 1981 

710 
455 

September 15, 1939 to 
September 30, 1981 

102,517 
62,464 
40,053 

During the past forty-two years, 10,261 paroles have been revoked, 
approximately 26% of all paroles granted. 

*Includes inmates serving county jail sentences. 

13 



STATE INMATES PAROLED AND REVOKED BY COUNTIES 

COUNTIES GRANTED REVOKED 

Autauga 9 0 
Baldwin 22 10 
Barbour 12 3 
Bibb 6 2 
Blount 11 2 
Bullock 5 0 
Butler 4 4 
Calhoun 46 15 
Chambers 10 3 
Cherokee 6 11 
Chilton 8 0 
Choctaw 2 0 
Clarke 4 1 
Clay 5 2 
Cleburne 6 1 
Coffee 15 3 
Colbert 20 7 
Conecuh 3 1 
Coosa 6 1 
Covington 26 2 
Crenshaw 7 0 
Cullman 41 6 
Dale 26 3 
Dallas 24 1 
DeKalb 16 3 
Elmore 13 2 
Escambia 15 4 
Etowah 49 18 
Fayette 6 1 
Franklin 8 1 
Geneva 5 0 
Greene 7 1 
Hale 3 2 
Henry 7 2 
Houston 73 23 
Jackson 37 2 
Jefferson 358 118 
Lamar 2 2 
Lauderdale 30 6 
Lawrence 8 3 
Lee 49 12 
Limestone 7 0 

14 



STATE INMATES PAROLED AND REVOKED BY COUNTIES 
(Continued) 

COUNTIES GRANTED REVOKED 

Lowndes 9 0 
Macon 1 0 
Madison 109 21 
Marengo 12 0 
Marion 5 2 
Marshall 19 1 
Mobile 143 61 
Monroe 1 0 
Montgomery 155 41 
Morgan 34 5 
Perry 8 0 
Pickens 5 1 
Pike 19 4 
Randolph 4 2 
Russell 39 6 
Shelby 24 6 
St. Clair 15 2 
Sumter 8 0 
Talladega 36 12 
Tallapoosa 10 3 
Tuscaloosa 49 13 
Walker 14 2 
Washington 1 0 
Wilcox 1 0 
Winston 10 1 

TOTAL 1,748 451 

15 



PROBATION 

Probation Granted 

Probation Revoked 

Total Placed on Probation During 
Forty-Two Year Period 
Of Administration 

Total Revoked During Forty-Two Year 
Period of Administration 

4,667 

487 

101,525 

14,385 

During the forty-two year period of administration, 14%ofthe probations 
granted have been revoked. 

16 



PROBATIONS GRANTED AND REVOKED BY COUNTIES 

COUNTIES GRANTED REVOKED 

Autauga 17 1 
Baldwin 75 4 
Barbour 19 2 
Bibb 80 12 
Blount 10 3 
Bullock 8 1 
Butler 40 7 
Calhoun 183 25 
Chambers 31 2 
Cherokee 13 2 
Chilton 24 0 
Choctaw 25 0 
Clarke 92 5 
Clay 9 0 
Cleburne 12 1 
Coffee 64 4 
Colbert 37 8 
Conecuh 23 1 
Coosa 8 5 
Covington 42 1 
Crenshaw 10 1 
Cullman 79 6 
Dale 69 2 
Dallas 50 7 
DeKalb 60 3 
Elmore 45 4 
Escambia 77 9 
Etowah 161 8 
Fayette 16 4 
Franklin 19 1 
Geneva 6 0 
Greene 16 0 
Hale 8 0 
Henry 27 6 
Houston 156 16 
Jackson 33 8 
Jefferson 903 70 
Lamar 72 2 
Lauderdale 112 9 
Lawrence 87 12 
Lee 109 16 
Limestone 16 0 

17 



PROBATIONS GRANTED AND REVOKED BY COUNTIES (Cont'd) 

COUNTIES GRANTED REVOKED 

Lowndes 13 2 
Macon 13 2 
Madison 179 28 
Marengo 33 4 
Marion 28 4 
Marshall 78 2 
Mobile 184 45 
Monroe 40 5 
Montgomery 302 15 
Morgan 83 21 
Perry 0 1 
Pickens 12 0 
Pike 47 10 
Randolph 9 0 
Russell 79 4 
Shelby 49 8 
St. Clair 26 3 
Sumter 16 4 
Talladega 136 23 
Tallapoosa 40 7 
Tuscaloosa 240 10 
Walker 64 15 
Washington 30 2 
Wilcox 2 0 
Winston 21 4 

TOTAL 4,667 487 

18 



PARDONS AND RESTORATIONS 

Pardons granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 

Restoration of Civil and Poilitical Rights 
Gr anted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,012 

CLIENTS UNDER SUPERVISION AS OF: 

Parole Supervision 
Probation Supervision 

GRAND TOTAL 

September 30, September 30, 
1981 1970 

2,581 
13,277 

15,858 

2,512 
4,833 

7,756 
(includes 411 

cases supervised 
for other 

states) 

CASES SUPERVISED DURING THE YEAR 

Supervised for other states 
Parole Supervision 
Probation Supervision 

GRAND TOTAL 

1,741 
4,006 

14,886 

20,633 

INVESTIGATIONS COMPLETED DURING THE YEAR 

OUT OF STATE ALABAMA 

Probation 1,210 11,996 

Parole 585 7,780 

Miscellaneous 530 3,422 

Total 2,325 23,198 

GRAND TOTAL 25,523 

19 



INTERSTATE RELATIONS 

Cases Invest igated fo r Other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,325 

Parolees and Probationers received for 
supervision from other states 
(7/1/80- 6/30/81) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 745 

Alabama probationers and parolees accepted 
for supervision by other states 
(7 / 1/80 - 6/ 30/81) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586 

20 






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