HB441 Alabama 2010 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Session

Regular Session 2010

Title

Criminal sentencing, suspended sentences, split sentences, consecutive incarcerations prohibited, maximum probation, defendant not eligible for good time or parole, probationary sentences subject to modification, order regarding substance abuse treatment and full credit for treatment, Secs. 15-18-8, 15-22-54 am'd.

Summary

HB441 would ban stacking multiple consecutive incarceration portions in split sentences for multiple offenses at the same sentencing event and tighten probation and treatment provisions.

What This Bill Does

It prevents a defendant from receiving consecutive incarceration portions of split sentences for multiple convictions in a single sentencing event. It sets specific limits on incarceration time within split sentences (up to 3 years for splits totaling 15 years or less, and up to 5 years with a floor of 3 years for splits totaling more than 15 but not more than 20 years), with no eligibility for parole or good time during those portions. It imposes maximum probation periods (2 years for misdemeanors, 5 years for felonies) and allows courts to modify probation, revoke it, or require participation in treatment or community corrections programs, with potential imprisonment of the remaining suspended sentence if probation is revoked; it also allows full credit for time spent on probation upon successful completion of court-ordered residential treatment. Additional provisions authorize a Department of Corrections program with time-credit rules, specify that certain serious offenses are ineligible for that program, and require credit rules for time spent in confinement or on probation during revocation, all becoming effective a few months after passage.

Who It Affects

• Defendants sentenced under split-sentencing rules (misdemeanors and felonies): effects include new limits on how long they can be on probation, restrictions on good time or parole during certain portions, and potential requirements to participate in treatment programs.
• Courts, probation officers, and the Alabama Department of Corrections: effects include new authority to modify probation, revoke probation, impose treatment or confinement, and award time credits for treatment and program participation.

Key Provisions

• Prohibits sentencing a defendant to serve multiple consecutive incarceration portions of split sentences for separate offenses at the same sentencing event.
• Split sentence rules: for a sentence of 15 years or less, incarceration portion may be up to 3 years with no parole or good time during that period, remainder suspended and the defendant placed on probation for a period not to exceed the time specified by law.
• For sentences greater than 15 but not more than 20 years, incarceration portion may be up to 5 years (not less than 3), with remaining portion suspended and the defendant on probation for the period specified.
• Maximum probation periods established: 2 years for misdemeanors and 5 years for felonies; probation can be amended, extended, terminated, or revoked by the court.
• Court may revoke probation, modify conditions, or order confinement for all or part of the remaining suspended sentence; credit rules apply for time served upon revocation.
• Full credit allowed for time served on probation upon successful completion of a court-ordered residential drug or alcohol treatment program, except off-limits offenses (e.g., murder, certain serious sex offenses, kidnapping first degree, etc.).
• A Department of Corrections program option may be used (90-180 days) with time spent credited toward the sentence; the commissioner reports to the court on completion and the court may suspend the remainder or impose confinement.
• During probation or incarceration, defendants may be required to pay fines, restitution, provide support, and participate in treatment or community corrections programs.
• Credit and time rules for revocation: time spent in custody prior to revocation and time in confinement after revocation are credited; substantial weight given to time spent on probation in compliance, and total confinement time cannot exceed the original sentence.
• Effective date: the act takes effect on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure