SB267 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

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

SB267 changes Alabama probation rules by defining administrative violations and eligible/nonviolent offenders, allowing short-term revocation confinement, expanding rehabilitation options, and creating a resentencing path after revocation when only administrative violations were involved.

What This Bill Does

It defines administrative violations, eligible offenders, nonviolent offenders, and a 'new offense,' and sets maximum probation lengths (2 years for misdemeanors, 5 years for felonies). It broadens revocation options to include continuing, warning, conferencing, or modifying conditions, and authorizes up to 90 days of confinement for eligible offenders (in a DOC facility or county jail if space is unavailable) with possible participation in restart, LIFETech, or technical violator programs. It adds a process (15-22-54.1) for resentencing petitions for individuals who were revoked for administrative violations and would have been eligible offenders, with no filing fee and specific eligibility requirements. It also clarifies credit for time served and requires substantial weight be given to time spent on probation, with total confinement not exceeding the original sentence.

Who It Affects

• Probationers and defendants on probation or suspended sentences (including those with administrative violations), who could face defined revocation options and potential short-term confinement or alternative programs.
• Eligible offenders (a subset of nonviolent offenders who meet specific criteria), who may be revoked and face up to 90 days in a DOC facility or county jail and may participate in rehab programs.
• Nonviolent offenders (as defined by the bill), who must not have violent offenses and are not currently on probation for conduct involving actual or attempted harm.
• People currently serving prison time due to probation revocation for administrative violations, who may petition for resentencing under the new 15-22-54.1 process.
• Courts and probation staff, who gain new definitions, eligibility criteria, and procedures for revocation and resentencing, plus requirements for time credits and new program options.
• Indigent defendants, who are protected from fee barriers for eligible offender status and resentencing petitions (no filing fee for the petition).

Key Provisions

• Defines ADMINISTRATIVE VIOLATION, ELIGIBLE OFFENDER, NONVIOLENT OFFENDER, and NEW OFFENSE, and sets probation length limits (2 years for misdemeanors, 5 years for felonies).
• Allows probation revocation with options to continue, warn, confer, modify conditions, or revoke; for eligible offenders, up to 90 days' confinement in a DOC facility (or county jail if space is unavailable) and possible participation in restart, LIFETech, or technical violator programs.
• After release, authorizes the sentencing court to impose a new probation term up to five years or the remainder of any suspended sentence, whichever is less.
• Adds Section 15-22-54.1 to permit resentencing petitions for those who were revoked for administrative violations and would have been eligible offenders, with no filing fee and specific conditions (eligibility at time of revocation, no infractions while imprisoned, no new charges, etc.).
• Requires hearing within 30 days for successive petitions; permits modification-based petitions and requires new grounds to be considered.

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