SB218 Alabama 2013 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Cam Ward
Republican
Co-Sponsors: Roger Bedford, Jr.Jerry L. Fielding George M. “Marc” Keahey Tom Whatley Paul Sanford Del Marsh J.T. Waggoner
Session: Regular Session 2013
Title: Sentencing, juvenile offenders convicted of capital offenses and certain non-capital offenses, maximum sentence of life without the possibility of parole for 40 years, Secs. 13A-5-2, 13A-5-39, 13A-5-43, 13A-6-2 am'd.
Summary: SB218 allows certain juveniles under 18 at the time of their offense who are convicted of capital offenses or certain non-capital offenses with mandatory life without parole to instead receive a 40-year life-without-parole sentence, with a one-time parole review after 40 years.
What This Bill Does
It provides a 40-year LWOP option for juveniles under 18 convicted of capital offenses or certain non-capital offenses that would otherwise carry lifetime parole. It makes parole eligibility possible only once, at 40 years after starting the sentence, and if parole is denied, the offender cannot seek parole again and cannot earn incentive time. It applies to capital murder cases for defendants not yet sentenced as of the act’s effective date (with exceptions) and adds retroactivity rules allowing later reconsideration if a court orders a lesser sentence. It also extends the 40-year LWOP option to non-homicide offenses where LWOP is the only sentence available, provided the offender was under 18 at the time of the offense.

Who It Affects
Juvenile offenders under 18 at the time of their capital offense or certain non-capital offenses would be eligible for a 40-year life-without-parole sentence instead of the standard LWOP, with a single parole review after 40 years.
Judges, prosecutors, and parole authorities would implement the new sentencing rules and procedures, including retroactive considerations for capital murder defendants not yet sentenced and the 40-year parole pathway for non-homicide LWOP cases.

Key Provisions
Under-18 offenders convicted of a capital offense or certain non-capital offenses with a mandatory LWOP sentence may be sentenced to life imprisonment without parole for 40 years instead.
Such juvenile offenders are eligible for parole only once, 40 years after they began serving the sentence; if parole is denied, they cannot seek parole again and cannot receive incentive time deductions.
In capital murder cases, the act’s procedures apply to defendants who have not yet been sentenced for capital murder on or after the act’s effective date, with specified exceptions.
A new section (13A-5-53.1) clarifies retroactive considerations: if a court orders a lesser sentence for a defendant, the 40-year LWOP option may still be applied, and these rules are intended to apply to those not yet sentenced.
For non-homicide offenses where the only sentence is LWOP, a defendant under 18 at the time of the offense may receive LWOP for 40 years.

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