I plead guilty to a sex offense 18 months ago. I received 3 years supervised probation. Everything has been going fine, until 3 weeks ago. I live in Alabama and work out of Georgia. My PO has informed me that a "verbal directive" has been issued from the parole board that prohibits me from leaving the state of Alabama, even though I have a sentencing order from an Alabama judge which allows me to go to Georgia to work. The PO states that the Circuit Court Judge has no authority over this verbal directive. I have to pay $2000 per month in child support. There is no way I will find a job in my area of Alabama which will enable me to pay my child support. This in itself would violate my probation. I have bent over backwards to meet all of my probation requirements, but I just don't know what to do. Does anyone have any suggestions??? Please respond...:angry:

Hi and welcome to PTO! I have no answers for you except that you may want to post something about this in the Alabama forum as the folks there deal with the Alabama system everyday and may know the answers.... Also, you'll want to read over the parole and probation forum and maybe post your question there as the folks that read that forum are dealing with parole/probation issues.... We have a couple parole/probation officers who respond with ideas in that forum that are supportive.... Good luck!

Deb

What does your PO think about you not being able to work?



I plead guilty to a sex offense 18 months ago. I received 3 years supervised probation. Everything has been going fine, until 3 weeks ago. I live in Alabama and work out of Georgia. My PO has informed me that a "verbal directive" has been issued from the parole board that prohibits me from leaving the state of Alabama, even though I have a sentencing order from an Alabama judge which allows me to go to Georgia to work. The PO states that the Circuit Court Judge has no authority over this verbal directive. I have to pay $2000 per month in child support. There is no way I will find a job in my area of Alabama which will enable me to pay my child support. This in itself would violate my probation. I have bent over backwards to meet all of my probation requirements, but I just don't know what to do. Does anyone have any suggestions??? Please respond...:angry:

What does your PO think about you not being able to work?
He doesn't care. He just told me I will have to find another job...

nrxfun: your PO must think that there are jobs lined up just for you in Alabama, people are busting down your door, ringing the phone off the hook just so that they can get you to work for them. No offense, but in what reality is your PO in? Finding work is difficult at best for inmates who have done time for other types of offenses but it's even more of a challenge for those who have certain, shall we say, "challenging" circumstances.

Wish I had answers to this. I'm sorry that you're going through with it. I hope that you will have positive resolution soon.

P.S. If you can't find something in your area of expertise, how about considering some kind of vocational training? My guy is into cooking, worked in the kitchen and store room when he was inside. He hooked up with the local Department of Vocational Training. They gave him a bus pass (no parolee is allowed to drive a vehicle), gave him a few dollars to buy work clothes and shoes and set him up in a rehab type organization where he cooked and prepped. He eventually moved into another GREAT job through this organization. And they will help him find a fulltime job when his gig with them is through.

Please consider something like this if you're not able to find work in your field in your state. If you're able to do something like this, then I'm sure that the judge or whatever child support enforcement agence will see this and then you may be able to make some adjustments in your child support payments. Good luck.

Hi NRX,Is your child support through DHR? If so they might make an adjustment if your income changes.I know they review my case every 3 yrs.and if my ex's income has changed then they take it back to court and make adjustments.What type of work do you do?

Hi NRX,Is your child support through DHR? If so they might make an adjustment if your income changes.I know they review my case every 3 yrs.and if my ex's income has changed then they take it back to court and make adjustments.What type of work do you do?
My child support was ordered through the Georgia court system. I work in sales and I have a 4 year degree. The city in Alabama where I live really has no substantial industry that could accomodate my skills. The point is, the $2000 per month that I pay is for my children. They should not have to suffer! Especially when my sentence states that I can go to Georgia in order to work, and it has not been a problem over the last 18 months. It just does not make sense..

hey, my boyfriend is in the same shoes, he was told one thing by the board and when we went on to live our lives like the board STATED then the parole officer violated him and we have had to just sit here like sitting ducks till they come and arrest him. im very sorry for what you have been through

nrxfun - I don't have any answers for you but I'm going to see if I can dredge up some possible extra help and viewpoints - I don't want you to post in there because it would be crossposting and this is the proper forum for your posts since this is an Alabama-related issue, but I'm going to alert some of the folks in PTO's Probation, Parole & Supervision forum and see if any of them have any ideas and can post here... I wish you much luck because this is just a terrible, terrible situation...

Frankly I am beginning lately to be glad my man didn't make parole and will be EOS'ing out now, 'cos that means we will never, ever, ever have to deal with that screwed up Alabama prison & paroles system ever again... :banghead:

Hang in there...

I plead guilty to a sex offense 18 months ago. I received 3 years supervised probation. Everything has been going fine, until 3 weeks ago. I live in Alabama and work out of Georgia. My PO has informed me that a "verbal directive" has been issued from the parole board that prohibits me from leaving the state of Alabama, even though I have a sentencing order from an Alabama judge which allows me to go to Georgia to work. The PO states that the Circuit Court Judge has no authority over this verbal directive. I have to pay $2000 per month in child support. There is no way I will find a job in my area of Alabama which will enable me to pay my child support. This in itself would violate my probation. I have bent over backwards to meet all of my probation requirements, but I just don't know what to do. Does anyone have any suggestions??? Please respond...:angry:

Basically, in Alabama..... the courts have jurisdiction over issues of probation or suspended sentences. The Board's only function is to enforce the sentencing order issued by the circuit court. Therefore, a verbal directive from the parole office violates the sentencing order issued by the judge who maintains jurisdiction over the parolee, not the Board of Parole. However, the Board does maintain jurisdiction over inmates and parolees only.

So, with that said.... Pursuant to the Code of Alabama 1975, Title 15, Section 22, only the court can modify the conditions of probation; the Board has no jurisdiction in this area. I've higlighted the sections below that states this fact. The section below under Conditions of Probation states that a probationer can work as far away as possible for suitable employment. This is why the judge allowed you to travel to Georgia for employment to be able to support your children, which is also one of the conditions of probation.

So as to not overwhelm you with too much information, read through the info I've provided, and if you have further questions I'll be more than happy to assist. But please keep in mind that I'm not familiar with the Alabama judicial system, so I'll do my best to offer some suggestions to point you in the right direction of resolving your problem.

You can view the complete Alabama Code at: http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Section 15-22-24

(a) The Board of Pardons and Paroles, hereinafter referred to as "the board," shall be charged with the duty of determining what prisoners serving sentences in the jails and prisons of the State of Alabama may be released on parole and when and under what conditions. Such board shall also be charged with the duty of supervising all prisoners released on parole from the jails or prisons of the state and of lending its assistance to the courts in the supervision of all prisoners placed on probation by courts exercising criminal jurisdiction and making such investigations as may be necessary in connection therewith, of determining whether violation of parole or probation conditions exist in specific cases, deciding, in the case of parolees, what action should be taken with reference thereto, causing, in the case of probationers, reports of such investigations to be made to the judges of the courts having jurisdiction of the probationers and of aiding parolees and probationers to secure employment. It shall also be the duty of the board to personally study the prisoners confined in the jails and prisons of the state so as to determine their ultimate fitness to be paroled.

Section 15-22-52
Conditions of probation.

The court shall determine and may at any time modify the conditions of probation and may include among them the following or any other conditions. Such conditions may provide that the probationer shall:

(1) Avoid injurious or vicious habits;

(2) Avoid persons or places of disreputable or harmful character;

(3) Report to the probation officer as directed;

(4) Permit the probation officer to visit him at his home or elsewhere;

(5) Work faithfully at suitable employments as far as possible;

(6) Remain within a specified place;

(7) Pay the fine imposed or costs or such portions thereof as the court may determine and in such installments as the court may direct;

(8) Make reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court; and

(9) Support his dependents to the best of his ability.

Ok, I may be misinterpreting #5 of the probation conditions. Does "as far as possible" mean "as far [away] as possible", as in distance. Or does "as far as possible" mean to work at employments to one's fullest ability.

Hope I'm not confusing the issue. If anyone wants to take a crack at this.... please give your opinion. What do you think?

means within your abilities

I just wanted to thank everybody for your help and support. I hired an attorney and we petitioned the court to terminate my probation. Guess what? The judge and DA agreed!!! Its all over, and no longer an issue.. Thanks again...:)

Congratulations for fighting for your freedom.

ONE

Hey nrx.... congratulations!!!!!!!! That's fabulous. Glad to hear some good news for a change!! I know you must be thrilled. :)