MONTGOMERY – Governor Kay Ivey on Monday issued a supplemental emergency proclamation, which directs the Board of Pardons and Paroles to resume parole hearings, amidst the COVID-19 pandemic. Hearings will resume in a manner that reduces person-to-person interaction. At the same time, the Board of Pardons and Paroles will be preserving the right of crime victims, crime victim representatives, public officials and other interested parties to present their views to the Board.

“The health, safety and well-being of all Alabamians is paramount during this evolving health pandemic. It is vitally important we keep Alabama’s criminal justice system functioning for the good of public safety,” said Governor Ivey. “As we continue evaluating our efforts throughout this process, we have worked diligently to ensure efficiency and continuity of critical government services by allowing for virtual meetings. I appreciate the Board of Pardons and Paroles for collaborating with my Office to ensure we continue their important work.”

In the governor’s ongoing efforts to combat COVID-19, any provision of Alabama law allowing individuals to appear in person at a meeting of the Board is suspended. The Board of Pardons and Paroles will also allow views to be presented to them through written or emailed statements, as well as by phone.

STATE OF ALABAMA

PROCLAMATION

BY THE GOVERNOR

WHEREAS, on March 13, 2020, I declared the existence of a state public health emergency based on the appearance of the 2019 novel coronavirus known as COVID-19 in the State of Alabama;

WHEREAS that initial proclamation included provisions designed to assist in preventing the spread of COVID-19 and in mitigating the consequences of COVID-19;

VVHEREAS, on March 18, 20, 23, and 26 and April 2 and 3 of 2020, I issued supplemental proclamations to further address the occurrence of COVID-19 in the State of Alabama; and

VVHEREAS new implications of COVID-19 come to light on a continual basis, requiring flexibility and adaptability by all levels of government within the State of Alabama;

NOW THEREFORE, I, Kay Ivey, Governor of the State of Alabama, pursuant to the relevant provisions of the Alabama Emergency Management Act of 1955, as amended, Ala. Code SS 31-9-1, et seq., do hereby proclaim the existence of conditions that warrant implementation of additional extraordinary measures and relief during the state public health emergency now in effect in order to guard public health and protect human life. I therefore proclaim and direct the following:

1. Resumption of Pardon and Parole Hearings

I find that it would promote the safety and protection of the civilian population for the Board of Pardons and Paroles to conduct pardon and parole hearings in a manner that reduces person-to-person interaction while also preserving the right of crime victims, crime victim representatives, public officials, and other interested parties to present their views to the Board. To that end:

1. Any provision of Alabama law allowing individuals to appear in person at a meeting of the Board, including Alabama Code sections 15-22-23(b)(4) and 1522-36(e)(3)(i), is hereby suspended. The Board may establish a quorum, deliberate, and take action without in-person public participation if it substantially complies with the procedures established in this section.
2. Before granting or denying a pardon or parole, the Board shall allow persons wishing to present their views to the Board the opportunity to do so as follows:
   1. Officials, crime victims, and crime victim representatives who receive notice of an upcoming parole or pardon hearing and wish to submit their views to the Board may submit a written statement referencing the inmate’s name and AIS number by email to services@paroles.alabama.gov or by mail to the Alabama Board of Pardons and Paroles, ATTN: Victim Services Unit, 100 Capitol

Commerce Blvd, Suite 310, Montgomery, AL 36117. This written submission must be received by the Board at least five business days before the scheduled hearing.

2. Any other individual who wishes to submit his or her views to the Board may submit a written statement referencing the inmate’s name and AIS number by email to notifications@paroles.alabama.gov or by mail to the Alabama Board of Pardons and Paroles, ATTN: Board Operations Division, 100 Capitol Commerce Blvd, Suite 310, Montgomery, AL 36117. This written submission must be received by the Board at least five business days before the scheduled hearing.
3. If any individual is unable to submit a written statement as provided in this section, he or she may contact the Board via telephone at (334) 2428700 on or before the fifth business day preceding the scheduled hearing. The Director of Pardons and Paroles or his designee shall write a summary of the individual’s views and add that summary to the inmate’s file for the Board’s review.

1. Within twelve hours following any board meeting, the Board shall publish the minutes of its meeting on the Board’s website.
2. Nothing in this section shall be construed to alter, amend, or modify the Board’s statutory obligations to provide advance notice of a pardon or parole hearing, either to the general public or to crime victims, crime victim representatives, public officials, or other individuals statutorily entitled to receive notice.

FURTHER, to the extent a provision in this supplemental proclamation conflicts with any provision of state law, that law is hereby suspended for the duration of this state of emergency, and this proclamation shall control.

FURTHER, I declare that this proclamation and all subsequent orders, laws, rules, or regulations issued pursuant hereto shall remain in full force and effect for the duration of the public health emergency unless rescinded or extended by proclamation.

IN WITNESS, WHEREOF, 1 have hereunto set my hand and caused the Great Seal to be affixed by the Secretary of State at the State Capitol in the City of Montgomery on this 13th day of April, 2020.

Kay Ivey/Governor

Media Release/Office of Alabama Governor Kay Ivey