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Board orders correction to 2011 action after parole court finding for Timothy Paul Smith
Summary
The Alabama Board of Pardons and Paroles ordered an amendment to an August 2011 action to reflect that Timothy Paul Smith was "continued on parole," directing the Bureau to notify DOC and recommend recalculation of his sentence to remove "deadtime" from Feb. 28, 2011 through Aug. 2, 2011.
The Alabama Board of Pardons and Paroles on Aug. 27, 2025 ordered that a Board Action sheet dated Aug. 2, 2011 be amended to show that Timothy Paul Smith (AIS# 212317) was "continued on parole," not "re-instated to parole," and directed the Bureau to notify the Department of Corrections and recommend DOC recalculate his time so he should not be charged with "deadtime" from Feb. 28, 2011 through Aug. 2, 2011.
The Board reviewed a request from Mr. Smith after records showed he had been declared delinquent on Feb. 28, 2011 for failing to report. A parole court hearing on July 6, 2011 found insufficient evidence to support that charge and the hearing officer recommended Mr. Smith be continued on parole. The Board record, however, reflected a different action — recorded as a reinstatement — which produced a period of "deadtime" against Mr. Smith's sentence. The Board found that, under the Board’s own terminology, a finding of "continued on parole" creates no deadtime while "reinstated to parole" does, and concluded the Board mistakenly lacked authority to treat the July 2011 outcome as a reinstatement.
The Board’s order instructs the Bureau of Pardons and Paroles to amend the Aug. 2, 2011 Action sheet and to notify DOC so Mr. Smith’s sentence computation can be corrected. The action appears in the Board’s minute entry and Board Order from the Aug. 27, 2025 session.
The Board did not record individual roll-call vote totals for this order in the minutes; the action is presented as a Board order in the official minute entry. The matter of recalculation now rests with DOC implementation if the Department follows the Board’s direction.
