HB130 Alabama 2011 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Session

Regular Session 2011

Title

Probation, revocation and suspension, technical violations classified on administrative violations, eligible offender and nonviolent offender defined, Secs. 15-22-54, 15-22-54.1 am'd.; Act 2010-753, 2010 Reg. Sess. am'd.

Summary

HB130 would overhaul Alabama probation by clarifying sentencing after revocation, redefining violations and eligible offenders, and creating a new resentencing path for certain technical violations.

What This Bill Does

It allows a sentencing court to sentence probation for the lesser of five years or the remainder of the suspended sentence after revoking probation for a violation. It defines administrative violations and reclassifies technical probation violations as administrative, and updates definitions for eligible offenders and nonviolent offenders. It adds multiple court options for handling probation violations (continue, warn, conference, modify conditions, or confinement up to 90 days) and creates a new pathway for resentencing nonviolent offenders with technical violations, including a fee-free petition process and limits on successive petitions.

Who It Affects

• Probationers and offenders on probation (including eligible offenders and nonviolent offenders), who may face new violation rules, possible short-term confinement, and expanded pathways to continued probation or resentencing.
• Courts, probation officers, and corrections agencies (including the Department of Corrections and county jails), which will implement new violation responses, arrest procedures, supervision programs, and the new resentencing process.

Key Provisions

• Maximum probation periods are set: misdemeanor up to two years and felony up to five years, with discharge of probation when conditions are fulfilled.
• Administrative violation is defined and technical violations are reclassified as administrative violations of probation.
• Eligible offender is redefined to include those with two or more past occasions of not being found in violation of current probation, and the requirement to complete probation for six consecutive months is removed; nonviolent offender is defined.
• When probation is violated, the court may continue, warn, hold a conference, modify conditions (including up to 90 days of confinement), or revoke probation for a new offense if not an eligible offender.
• For eligible offenders with a technical violation, revocation may occur and the offender may be confined up to 90 days in a DOC facility or county jail, with possible participation in restart, LIFETech, or other programs.
• Following release from confinement, the court retains jurisdiction to sentence the defendant to a new probation period not exceeding five years or the remainder of the suspended sentence.
• Indigent defendants cannot be excluded from eligibility solely because of nonpayment of court-ordered monies; only willful nonpayment excludes.
• Section 15-22-54.1 creates a new resentencing pathway for nonviolent offenders who were revoked due to technical violations, allowing fee-free petitions treated as authorized motions for modification with specific eligibility criteria.
• A successive petition for resentencing may only be considered if new grounds are raised; if not heard within 30 days, it is deemed denied by operation of law.
• The act becomes effective immediately after its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses