SB218 Summary

• Allows defendants convicted of capital offenses committed before age 18 to receive life imprisonment without possibility of parole for 40 years as an alternative to life without parole or death sentence.

• Establishes that defendants convicted of non-homicide crimes committed before age 18 with a mandatory life without parole sentence may instead receive life without possibility of parole for 40 years if they prove their age by preponderance of evidence.

• Defines "life imprisonment without the possibility of parole for 40 years" as allowing one parole consideration hearing after 40 years of service, with defendants becoming permanently ineligible for parole if denied at that hearing and not eligible for incentive time deductions.

• Applies only to defendants not yet sentenced for capital murder as of the effective date, though courts may retroactively apply provisions if ordered under Alabama or U.S. Constitutional grounds.

• Became effective immediately upon passage and Governor approval on March 20, 2013 (passed Senate 26-3 with 1 abstention).