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AL SB267

Bill

Status

Passed

6/9/2011

Primary Sponsor

Robert Ward

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Origin

Senate

Regular Session 2011

AI Summary

  • Amends Alabama Code Sections 15-22-54 and 15-22-54.1 to define "administrative violation," "eligible offender," "nonviolent offender," and "new offense" in probation revocation proceedings.

  • Establishes that eligible offenders (nonviolent offenders meeting specific criteria) who violate probation may be sentenced to a maximum of 90 days imprisonment rather than automatic full revocation, with options for continued probation, warnings, or modified conditions.

  • Requires courts to not revoke probation and order confinement unless finding that no measure short of confinement will adequately protect the community or avoid depreciating the seriousness of the violation.

  • Allows persons currently serving prison sentences based on probation revocation who qualified as eligible offenders to petition for resentencing without filing fees, provided they meet requirements including no disciplinary infractions while incarcerated.

  • Prohibits successive petitions for resentencing unless new grounds are raised; petitions not scheduled for hearing within 30 days are deemed denied automatically.

Legislative Description

Probation, revocation and suspension, technical violations classified on administrative violations, eligible offender and nonviolent offender defined, Secs. 15-22-54, 15-22-54.1 am'd.; Act 2010-753, 2010 Reg. Sess. am'd.

Crimes and Offenses

Last Action

Delivered to Governor at 11:58 on June 9, 2011

6/9/2011

Committee Referrals

Judiciary5/31/2011
Judiciary3/24/2011

Full Bill Text

No bill text available