Under existing law, an offender sentenced to probation may be incarcerated in the penitentiary for the remainder of his or her sentence if probation is revoked for one or more technical violations.
This bill would prohibit incarceration in the penitentiary if a probationer has successfully completed six months probation and has committed only technical violations.
Existing law limits the period of probation to five years for a felony offense and two years for a misdemeanor offense for all probation periods.
This bill would specify the limits applying to probation periods imposed as part of a split sentence and would provide intermediate options a court may utilize in revoking probation. This bill would provide retroactive application of the limits on incarceration to certain prisoners that are currently incarcerated in the penitentiary on probation revocation for technical violations upon meeting certain conditions and would invest jurisdiction in the sentencing court to modify a qualified offender's sentence. This bill would also provide yearly appropriations for counties.
Delivered to Governor at 5:10 p.m. on April 21, 2010
Assigned Act No. 2010-753.
Signature Requested
Enrolled
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 1103
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 808
Motion to Adopt adopted Roll Call 807
Motion to Adopt adopted Roll Call 806
Judiciary first Substitute Offered
Judiciary Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and 1 amendment
Read for the first time and referred to the Senate committee on Judiciary
Source: Alabama Legislature