SB27 Alabama 2010 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2010

Title

Innocence Inquiry Commission, established to investigate and determine claims of innocence of a person convicted of a felony, members, director, duties, terms, claims of innocence, formal inquiry and victim notification, three-judge panel, duties, reports to Legislature

Summary

The bill would create the Alabama Innocence Inquiry Commission to investigate factual innocence claims by felons and, if warranted, refer cases for judicial review by a special three-judge panel.

What This Bill Does

It establishes a nine-member commission and a director to screen, investigate, and document claims of factual innocence from felony convictions. It sets up a formal inquiry process with victim notification, the right to counsel, and required waivers; the commission can compel witnesses and use state discovery rules. If the commission finds sufficient evidence by vote, it refers the case to the circuit court for judicial review by a three-judge panel; if not, the case ends with confidential records. The bill also requires annual reporting to the Legislature, outlines funding and staffing, and generally makes the commission’s and panel’s decisions final, with limited exceptions for referral to court.

Who It Affects

• Living individuals convicted of a felony in Alabama who may file or have claims of factual innocence reviewed by the Commission and could receive dismissal or other relief if innocence is proven.
• Victims of the crime (or next of kin) who must be notified of formal inquiries, may be allowed to participate or be present at proceedings, and can share views and concerns during investigations.

Key Provisions

• Establishes the Alabama Innocence Inquiry Commission to investigate and determine claims of factual innocence by felony convicts.
• Defines key terms (claim of factual innocence, commission, director, victim) and outlines the commission's structure and duties.
• Creates a nine-member commission with specified appointment methods and fixed terms; sets initial terms and future four-year terms; authorizes a director and staff; defines travel and expense rules.
• Authorizes the commission to screen cases, prioritize incarcerated individuals, coordinate investigations, maintain case records, and seek funds from government grants or donations.
• Provides a formal inquiry process with signed waivers, right to counsel, victim notification, cooperation requirements, and authority to compel testimony and manage discovery; allows confidentiality and in-camera review.
• Allows the commission to conduct public hearings at its discretion and to publish records when a case is referred for judicial review; otherwise, records remain confidential.
• Creates a mechanism to appoint a three-judge panel (not including a trial judge with substantial involvement) to hear evidence and determine whether there is sufficient evidence of innocence for judicial review; requires a unanimous vote for relief.
• If sufficient evidence is found, directs referral to the presiding circuit court judge for a special session and appointment of the panel; outlines state representation and procedural steps for the hearing.
• States that decisions of the commission and the three-judge panel are final unless otherwise authorized; establishes confidentiality rules and public disclosure upon referral for judicial review.
• Requires an annual report to the Legislature starting in 2012 detailing activities, funding needs, and legislative changes related to the commission.

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

Subjects

Innocence Inquiry Commission