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Proposed legislation would require parole board to weigh rehabilitation

HB86 would require Alabama’s parole board to positively consider rehabilitation, low recidivism risk, work and education when reviewing parole decisions.

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One piece of criminal justice legislation introduced in the 2026 legislative session would change how Alabama’s Board of Pardons and Paroles evaluates inmates for release.

HB86, sponsored by Representative Chris England, D-Tuscaloosa, would amend Section 15-22-26 of the Code of Alabama, which governs parole eligibility and the standards the board must apply when determining whether an inmate should be released. 

The bill does not eliminate any existing restrictions on parole or require the board to grant parole in any case, but it does direct the board to give affirmative consideration to certain indicators of rehabilitation.

Under current law, the parole board considers a broad range of factors, including an inmate’s institutional behavior, criminal history, likelihood of reoffending and the interests of public safety. 

The statute explicitly states that parole is not “merely a reward for good conduct or efficient performance of duties assigned in prison” and that release should only be granted when the board believes the inmate can live and remain at liberty without reoffending.

HB86 would keep that framework but add language requiring the board to consider whether an inmate has been assessed as low risk for recidivism, whether the inmate has maintained employment while incarcerated and whether the inmate has completed educational or vocational programs during incarceration. The board would have to give positive consideration to these factors.

The bill does not change eligibility timelines, does not expand the categories of inmates who may be considered for parole and does not limit the board’s discretion to deny parole. Instead, it attempts to recalibrate how positive behavior and rehabilitation are weighed within the existing discretionary framework.

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The proposal comes as Alabama continues to grapple with overcrowded prisons, high correctional costs and persistently high recidivism rates. 

Lawmakers on both sides of the aisle have acknowledged that long-term public safety is tied not only to incarceration but also to whether people released from prison are equipped to succeed once they return to society. If passed, HB86 would take effect on October 1, 2026.

Mary Claire is a reporter. You can reach her at [email protected].

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