SB325 Alabama 2010 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Del Marsh
Republican
Session: Regular Session 2010
Title: Probation, limits to probation periods, incarceration in the penitentiary for technical violations of probation, limited, intermediate sanctions for violations, resentencing for nonviolent offenses authorized under certain conditions, Sec. 15-22-54.1 added; Sec. 15-22-54 am'd. (2010-20808)
Summary: SB325 tightens probation rules by capping probation lengths, adding sanctioned options for probation violations, and creating a path to resentencing for nonviolent offenders who were revoked for technical probation violations.
What This Bill Does
It sets maximum probation terms (two years for misdemeanors and five years for felonies) and allows early termination after satisfactory compliance. It adds a range of sanctions for probation violations, including up to 90 days of confinement for technical violations and various non-confinement options, and provides a pathway for retroactive relief for some offenders. It also creates a new section (15-22-54.1) allowing resentencing of nonviolent offenders who were imprisoned solely due to technical probation violations, under specified conditions.

Who It Affects
Defendants on probation in Alabama, who would face capped probation lengths and new sanctions for violations, with potential for early termination.
Nonviolent offenders who were sentenced to prison because of probation revocation tied only to technical violations, who could be resentenced under the new provisions.

Key Provisions
Caps on probation length: misdemeanor up to 2 years; felony up to 5 years.
Courts may terminate probation early after satisfactory compliance.
Probation violations may trigger arrest and court action; arrest can occur with or without a warrant under specified procedures.
Upon violation, the court may: continue probation, issue warnings, hold conferences, modify conditions (including short confinement), revoke probation and re-sentence if a new offense occurs.
For technical violations, eligible offenders may be required to serve up to 90 days in a Department of Corrections facility or related programs, or up to 90 days in county jail if space is unavailable.
An eligible offender for the 90-day confinement is a nonviolent felon who violated conditions other than a new offense and who has met probation requirements (including payments) for six months.
Additional sanctions for technical violations may include community corrections, work release, community service, intensive probation supervision, and participation in treatment or LIFETech programs.
If revocation results in confinement, the offender earns full credit for time spent in custody and may receive partial credit for other penalties; time spent on probation is weighed; total confinement time cannot exceed the original sentence.
Probation revocation requires the court to find that no less severe measure would protect the community or reflect the seriousness of the violation.
Section 15-22-54.1 allows resentencing for nonviolent offenses where prison time resulted from technical probation violations; petitions are authorized motions for modification, filed without a filing fee, and must show six months of probation completed, revocation due to technical violations, no disciplinary infractions, and no pending or new offenses.

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