HB441 Alabama 2010 Session

Updated Jul 26, 2021

House Bill

Expired

Current Status

Regular Session 2010

Session

Sponsor

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.
Description: Under existing law, there is no prohibition on the imposition of consecutive split sentences or the stacking of split sentences to require a defendant to serve more than one mandatory imprisonment portion of a split sentence for more than one offense.
This bill would expressly prohibit sentencing a defendant to serve multiple consecutive incarceration portions of split sentences upon conviction for more than one offense at the same sentencing event.
This bill would clarify that for a split sentence of 15 years or less, during the maximum term of imprisonment imposed, which is up to three years, a defendant would not be eligible for good time or parole.
This bill would apply the maximum probation limitations of 2 years for misdemeanor convictions and 5 years for felony offenses to sentences imposed under a split sentence.
This bill would specify that the period of probation or suspension of a sentence may be amended or modified by the court and that the court may revoke probation or modify any condition of probation while the defendant is serving either the incarceration portion or probation portion of a split sentence. The bill would also provide that if the court revokes probation, the court may order the defendant to participate in a substance abuse or community corrections program or order imprisonment for all or part of the remaining suspended sentence.
This bill would also authorize full credit to be awarded for time served on probation upon successful completion of a residential drug or alcohol treatment program to which the offender has been referred as a condition of probation.
Subjects: Criminal Law and Procedure