AL HB1

Allows incarcerated individuals convicted of nonviolent offenses prior to October 1, 2013, to petition for resentencing under current presumptive sentencing standards.

Requires defendants to meet two eligibility criteria: the covered offense occurred before October 1, 2013, and the motion includes evidence of good behavior during incarceration.

Motions are filed in the criminal division of the circuit court in the county of conviction and heard by the original sentencing judge, presiding judge, or a retired judge assigned by the Chief Justice.

District attorneys have a right to be heard on any resentencing motion, and courts may not entertain a motion if a previous reduction request was denied or if the individual is not currently incarcerated in a Department of Corrections facility.

Courts are not required to reduce any sentence under this section and must consider both the underlying offense and the defendant's conduct while in custody when deciding whether to impose a reduced sentence.