SB571 Alabama 2010 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

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.

Summary

SB571 would reform split sentences and probation in Alabama by banning stacking of consecutive jail terms for multiple offenses, tightening probation limits, and allowing full probation credit for completing court-ordered residential treatment.

What This Bill Does

If enacted, the bill would stop judges from ordering multiple consecutive incarceration portions for split sentences at the same sentencing event. It limits how long probation can last (2 years for misdemeanors, 5 years for felonies) and forbids probation for certain serious child-related offenses; it also allows courts to modify probation and suspend the remainder of a sentence if the defendant completes a residential treatment program, with possible imprisonment for the remaining suspended time if conditions are violated. Additionally, it creates a Department of Corrections program (90–180 days) that, upon completion, can lead to credit toward the sentence, and it gives full probation credit for time spent in a court-ordered residential treatment program.

Who It Affects

• Defendants serving split sentences: cannot be forced to serve multiple consecutive incarceration portions for different offenses at a single sentencing event; probation terms and potential revocation rules apply to both incarceration and probation portions.
• Defendants with misdemeanor or felony charges subjected to split sentences: probation duration is capped (2 years for misdemeanors, 5 years for felonies) and may be amended or revoked under specified conditions.
• Offenders ordered into residential treatment or substance abuse programs: time spent in the program can count toward probation credits, and successful completion can lead to suspension of the remaining sentence or other credit.
• Offenders convicted of serious offenses (e.g., certain murder, rape first degree, kidnapping first degree, sodomy first degree, etc., and certain aggravated offenses involving a child): probation cannot be granted for child-involved criminal sex offenses; other penalties and confinement rules still apply.
• Courts, probation officers, and the Department of Corrections: new authorities to modify probation, revoke it, order treatment programs, and operate a 90–180 day correctional/rehabilitation program with reporting requirements.

Key Provisions

• Prohibits sentencing a defendant to serve multiple consecutive incarceration portions of split sentences for separate offenses at the same sentencing event.
• For split sentences of 15 years or less (maximum imprisonment up to 3 years during that period), the defendant is not eligible for good time or parole.
• Sets maximum probation periods for split sentences: 2 years for misdemeanors and 5 years for felonies; probation can be amended or modified by the court and may be revoked with options including participation in treatment programs or imprisonment for the remaining suspended sentence.
• Authorizes full credit for time served on probation upon successful completion of a court-ordered residential drug or alcohol treatment program.
• Creates a Department of Corrections program (disciplinary/rehabilitation) lasting 90–180 days; the court may suspend the remainder of the sentence after program completion or order confinement for up to three years with probation thereafter.
• Probation cannot be granted for certain criminal sex offenses involving a child; for other offenses, probation may be granted with conditions and may be extended or limited to specific counts or the full sentence.
• Court must retain jurisdiction to suspend remaining portions of minimum sentences and place defendants on probation or in a community corrections program, with credit rules applying to any additional confinement.

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

Subjects

Criminal Law and Procedure