Code of Alabama
Ala. Code § 15-22-27.3 (2026)
Pardon or Parole of Persons Convicted of Sex Offense Involving a Child.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, which is a Class A or B felony, shall not be eligible for parole.
(b) Notwithstanding Section 15-22-36, any person convicted of a sex offense involving a child as defined in Section 15-20A-4, shall not be eligible for a pardon.
(Act 2005-301, 1st Sp. Sess., p. 511, §2; Act 2015-463, p. 1506, §1; Act 2024-191, §2.)
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2010–2026 · leading case: McCary v. State, 93 So. 3d 1002 (Ala. Crim. App. 2011).
McCary v. State, 93 So. 3d 1002 (Ala. Crim. App. 2011). “In his petition, McCary alleged that his guilty plea was involuntary because, he said, he was never informed that under § 15-22-27.3, Ala.Code 1975, he would not be eligible for parole and, in fact, was affirmatively misinformed that if he entered into a plea agreement with the…”
Adam Keith Waldman v. Alabama Prison Comm'r, 871 F.3d 1283 (11th Cir. 2017). “Thus, even if Waldman were to prevail against the named officials, they would not be able to redress his injury.”
Harold Clarence Frost v. State of Alabama., 76 So. 3d 862 (Ala. Crim. App. 2011). “2(c), Ala. R.Crim. P., and, therefore, applied the doctrine of equitable tolling to Frost’s petition.”
Ex Parte Coleman, 71 So. 3d 627 (Ala. 2010). “3; see also Ala.Code 1975, § 15-22-27.3 (providing that "[a]ny person convicted of a criminal sex offense involving a child .”
Eller v. State, 187 So. 3d 1184 (Ala. Crim. App. 2014). “one count of Sodomy [in the first degree] with a child under th[e] age of 12 years and accept a life sentence, or go to trial, where he would certainly receive a sentence of life without the possibility of • parole;”' ■ which, he claimed, improperly led him to believe that he…”
McBurnett v. State, 266 So. 3d 122 (Ala. Crim. App. 2018). “ourt in McBurnett's second amendment filed on October 21, 2013, where he claimed that his guilty pleas were not entered into knowingly, intelligently, and with a full understanding, because neither *128 the trial court nor his counsel informed him that "all of the sexual…”
McBurnett v. State, 266 So. 3d 122 (Ala. Crim. App. 2018). “ourt in McBurnett's second amendment filed on October 21, 2013, where he claimed that his guilty pleas were not entered into knowingly, intelligently, and with a full understanding, because neither *128 the trial court nor his counsel informed him that "all of the sexual…”
Marsh v. Ivey (INMATE 2) (M.D. Ala. 2024). “CODE § 15-22-27.3 provides that persons convicted of a sex offense involving a child as defined in ALA.”
Gillis v. State, 104 So. 3d 281 (Ala. Crim. App. 2012). “Code 1975, Gillis is ineligible for parole if the offense occurred after the effective date of § 15-22-27.3, Ala.Code 1975. 3 In light of the foregoing, it is unclear how the main opinion can hold that “[Johnson] neither omitted to apprise Gillis of his possibility of parole nor…”
In re: Altonio Spencer v. State of Alabama (Ala. 2026). “See Ala. Code 1975, § 15-22-27.2. Still another prohibits parole for anyone convicted of certain sex offenses involving a child.”
— Ala. Code § 15-22-27.3(a) — 1 case
In re: Altonio Spencer v. State of Alabama (Ala. 2026). “See Ala. Code 1975, § 15-22-27.2. Still another prohibits parole for anyone convicted of certain sex offenses involving a child.”
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