(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).
· cites it 22× “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…”
Ex parte Coleman, 71 So. 3d 627 (Ala. 2010).
· cites it 4× “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).
· cites it 5× “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).
· cites it 13× “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).
· cites it 13× “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), No. 2:23-cv-00094 (M.D. Ala. July 2, 2024).
· cites it 3× “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).
· cites it 5× “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, No. SC-2024-0672 (Ala. May 15, 2026).
· cites it 2× “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, No. SC-2024-0672 (Ala. May 15, 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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