Legislature passes legislation to allow law enforcement officers to make arrest for parole or probation violations

On Tuesday, the Alabama Legislature approved bipartisan legislation allowing law enforcement officers to arrest persons for parole or probation violations.

Senate Bill 157 (SB157) is sponsored by State Senator Chris Elliott (R-Fairhope) and carried in the Alabama House of Representatives by House Public Safety and Homeland Security Committee Chairman Allen Treadaway (R-Morris). Rep. Treadaway is a retired Birmingham Deputy Chief of Police.

“This allows for a law enforcement officer to arrest a parolee that is violating the terms of his parole,” Treadaway explained. “What this bill does is allow the law enforcement officer to make that arrest if he witnesses the parolee committing a parole violation.”

Treadaway explained that under current law, only parole officers can arrest a felon for violating the conditions of their parole or probation. Ordinarily, the parole officer will authorize law enforcement to make the arrest.

“When we find them violating the terms of parole, we have to notify the parole officer,” Treadaway explained.

This legislation was modified in the State Senate to require law enforcement officers who arrest parolees to notify the Bureau of Pardons and Paroles after the law enforcement officer makes the arrest.

“He has four hours to notify the Board of Pardons and Paroles that he has taken that action,” Treadaway said.

Rep. Thomas Jackson (D-Thomasville) expressed his concerns that this has the potential for an officer to harass a parolee.

“You are giving those people some wrong ideas,” Rep. Jackson said.

“If his parole says that he can’t go near children, and he is attending children’s events and hanging around schools, don’t you want the law enforcement officer to make that arrest?” Treadaway replied.

Jackson responded, “There could be a grudge against someone. You know how that happens.”

“The intent is well and good, but this can cause collateral damage and unintended consequences,” Jackson said.

SB157, as enrolled, would “Allow a law enforcement officer to arrest a parolee or probationer without a warrant in certain circumstances; to require the Board of Pardons and Paroles to send the Alabama State Law Enforcement Agency the conditions of parole for an individual released on parole; to require a court to provide to the Alabama State Law Enforcement Agency the conditions of probation for an individual released on probation; and to require the Alabama State Law Enforcement Agency to make the conditions of parole or probation available to law enforcement officers and other authorized persons through the Law Enforcement Tactical System.”

The House of Representatives passed SB157 in a vote of 80 to 17. The legislation had already passed the Alabama Senate by a vote of 33 to 0. The bill has now gone to the governor for her consideration.

Tuesday was Day 30 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution forbids any regular legislative session to go beyond 30 days. Barring a second special session being called by Alabama Governor Kay Ivey, the Legislature will next meet on February 6, 2024.

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