HB446 Alabama 2016 Session

Summary

Primary Sponsor

Mike Jones

Republican

Session

Regular Session 2016

Title

Prison reform, periods of confinement for parole and probation violations clarified, mandatory release dates required, identification of alternative community corrections programs clarified, services for veterans, legislative committee reporting requirement extended, Secs. 12-25-32, 12-25-34, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, 13A-5-8.1, 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 15-18-8, 15-18-172, 15-22-26.2, 15-22-29, 15-22-29.1, 15-22-32, 15-22-52, 15-22-54, 29-2-20 am'd.

Description

Under existing law, there are certain periods of confinement that may be imposed for parolees and probationers who violate the terms of parole or probation, with exceptions. Furthermore, significant revisions were made to the criminal justice, corrections, and probation and parole systems during the 2015 Regular Session (Act 2015-185).

This bill would further clarify certain provisions of Act 2015-185, 2015 Regular Session, including clarification of when modifications to the initial voluntary sentencing standards are effective and the periods of confinement that may be imposed for violations and would specify that, prior to the imposition of confinement, the parolee or probationer must be presented with a written violation report.

This bill would modify the predicate monetary values of theft of property in the third degree, theft of lost property in the third degree, theft of services in the third degree, and receiving stolen property in the third degree.

This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses.

This bill would further clarify that the Board of Pardons and Paroles may impose periods of confinement of two to three twenty-four hour periods and would indicate that judges may impose periods of confinement of two to three twenty-four hour periods for violations.

This bill would clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement and would remove release ranges to provide for a mandatory release date.

This bill would clarify the phrase "consenting community corrections programs" for Class D felony offenses, and would specify that the Department of Veterans Affairs is the responsible agency for identifying referral and other services to veterans, including any operating Veterans Treatment Courts.

This bill would also extend the current reporting deadline of April 20, 2016, of the legislative committee assisting the Legislative Prison Joint Task Force to April 20, 2017.

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

Corrections Department