HB130 Alabama 2011 Session

This bill would clarify that a sentencing court has jurisdiction to sentence a defendant to probation for the lesser of five years or the remainder of the defendant's sentence subsequent to revoking the probation for a violation of the conditions of probation

This bill would define an administrative violation and reclassify a technical violation of probation as an administrative violation of probation

This bill would redefine an eligible offender to include an eligible offender who on two or more previous occasions has not been found by a court to be in violation of any conditions of the current probation and to delete the requirement that an eligible offender must have performed the conditions of probation for a consecutive six-month period

This bill would define a nonviolent offender

This bill would provide that the trial court does not have to consider a successive petition for resentencing unless the petition raises new grounds for consideration and that a successive petition is deemed denied by operation of law 30 days after it is filed

To amend Sections 15-22-54 and 15-22-54.1, Code of Alabama 1975, as amended and added to the Code of Alabama 1975, by Act 2010-753 (Acts 2010, p. 1905), to further provide for the revocation and suspension of probation; to define an administrative violation, eligible offender, nonviolent offender, and new offense; and to further provide when a successive petition for resentencing may be considered.