SB67 Alabama 2015 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2015

Title

Corrections reform, criminal penalties and sentencing revised, alternative community corrections programs required, specified treatment and supervision practices by Board of Pardons and Paroles required, criteria for release required, sanctions for violations by parolees and probationers, mandatory supervision periods for inmates, Secs. 13A-8-3.1, 13A-8-4.1, 13A-8-8.1, 13A-8-18.1, 13A-8-24, 13A-9-3.1, 13A-9-6.1, 15-22-26.1, 15-22-36.3, 15-22-57 added; Secs. 12-25-32, 12-25-33, 13A-5-3, 13A-5-6, 13A-5-9, 13A-5-11, 13A-5-13, 13A-7-7, 13A-8-3, 13A-8-4, 13A-8-5, 13A-8-8, 13A-8-9, 13A-8-10.2, 13A-8-10.3, 13A-8-18, 13A-8-19, 13A-9-3, 13A-9-4, 13A-9-6, 13A-9-7, 13A-9-14, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-291, 14-14-5, 15-8-8, 15-18-171, 15-18-172, 15-18-174, 15-18-176, 15-18-180, 15-18-182, 15-22-24, 15-22-26, 15-22-28, 15-22-29, 15-22-31, 15-22-32, 15-22-33, 15-22-36, 15-22-36.2, 15-22-51, 15-22-52, 15-22-53, 15-22-54, 29-2-20, 36-18-25 am'd.

Description

Under current law, felony offenses are classified as Class A, Class B, or Class C felonies. This bill creates a Class D felony for certain offenses, alters crime levels for related offenses accordingly, and creates new offenses based on such classifications. This bill additionally provides for the crime of unlawful possession with intent to distribute marihuana, the crime of criminal organized activity, and revises driver license suspension provisions related to certain drug offenses.

Under current law, there is a provision for a split sentence for felony offenses. This bill provides that for a Class C or D felony offense a defendant shall be sentenced to a split sentence of no more than two years of confinement and no more than three years of probation.

This bill requires the Department of Corrections to identify alternatives to community corrections programs, places additional responsibilities on the Department of Corrections in supervising community corrections programs, and provides for a performance-based reimbursement process for community corrections programs. This bill requires community corrections programs to implement specified treatment and supervision practices and procedures and removes the limit on community corrections offenders only participating in a program within his or her judicial circuit.

Additionally, this bill provides for oversight of certain community corrections, parole, and probation supervision and treatment through the Office of the Governor.

This bill requires the Board of Pardons and Paroles to implement specified treatment and supervision practices and procedures and requires training of supervising officers in such practices and procedures. This bill specifies criteria that should be considered when making parole release decisions and provides that the Board of Pardons and Paroles shall articulate its reasons for parole approval or denial. Additionally, this bill provides for swift and certain sanctions for parolees and probationers who violate their terms of parole or probation, with exceptions. This bill also provides for guidelines to release a parolee or probationer from supervision requirements prior to the full term of parole or probation under certain conditions.

Under current law, a statewide automated victim notification system has been created and implemented through the Implementation Task Force under the authority of the Board of Pardons and Paroles. This bill expands the current automated victim notification system.

Under current law, there is a permanent legislative committee to study all aspects of the Department of Corrections. This bill will require this committee to study additional issues.

Under current law, a person has the right to refuse to give a DNA sample. This bill removes the right to refuse to give such sample.

Under current law, there is no mandatory supervision period for inmates released at the end of a straight sentence. This bill creates mandatory supervision times based on sentence length.

This bill provides that the court will retain jurisdiction over an offender to enforce the collection of court-ordered fines, fees, costs, or restitution.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Prisons and Prisoners