HB539 Alabama 2010 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Session

Regular Session 2010

Title

Probation, limits to probation periods, incarceration in the penitentiary for technical violations of probation, prohibited, intermediate sanctions for violations, appropriations, Secs. 15-22-54.1, 15-22-54.2 added; Sec. 15-22-54 am'd.

Summary

HB539 would limit probation lengths, ban penitentiary time for certain technical violations, and create resentencing and county-funding provisions to support community corrections.

What This Bill Does

It sets caps on probation: up to 2 years for misdemeanors and up to 5 years for felonies, including probation portions of split sentences. It would prohibit sending a probationer to the state penitentiary if they have completed six months of probation and only technical violations occur, allowing intermediate sanctions instead. It provides a process for retroactive resentencing of certain inmates currently in prison due to probation revocation for technical violations, if they meet specific conditions. It also creates a $3 million annual appropriation to counties to fund community corrections, drug courts, work release, treatment programs, and related options, plus reimburse counties for confinement of probationers in county jail.

Who It Affects

• Probationers (felony or misdemeanor) – subject to new probation length caps and alternative sanctions instead of penitentiary time for technical violations after six months.
• Persons serving split-sentence probation – covered by the new probation length limits and revocation options.
• Current inmates imprisoned for probation revocation due to technical violations – eligible for retroactive resentencing if they meet conditions.
• Counties and local governments – receive state funds to support community corrections, treatment programs, and related alternatives, and to offset confinement costs in county jails.
• Courts and probation officers – gain new authorities for intermediate sanctions and a process to modify sentences under the new provisions.

Key Provisions

• Section 15-22-54 amended: sets maximum probation periods (2 years for misdemeanors, 5 years for felonies), applies to split sentences, and outlines discharge procedures.
• Section 15-22-54 (b)-(e): provides intermediate sanctions for probation violations (continue, warn, conference, modify conditions including short county jail confinement, or revoke); specifies how revocation and sentencing work and how credit is awarded during confinement.
• Section 15-22-54.1 added: allows resentencing for offenders currently in prison due to probation revocation for technical violations after meeting conditions (completed six months of probation, no new offenses, good disciplinary record, etc.). petitions filed with Administrative Office of Courts and considered as authorized motions for modification of sentence.
• Section 15-22-54.2 added: creates an annual $3,000,000 appropriation from the State General Fund for counties to support community corrections, drug courts, county work release, treatment programs, and to reimburse counties for probationer confinement in county jail; funds distributed quarterly with verification of cost savings and diversion numbers.
• Section 3: act becomes effective immediately after Governor’s approval.

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

Subjects

Crimes and Offenses