SB155 Alabama 2017 Session

Sponsors

Session

Regular Session 2017

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, 12-25-36, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 15-18-8, 15-18-172, 15-22-24, 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

<p class="bill_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)</p><p class="bill_description"> This bill would further clarify certain provisions of Act 2015-185, 2015 Regular Session, including clarification of 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</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses</p><p class="bill_description"> 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 and that the limits imposed on the supervising officer apply to the offender's current supervision term</p><p class="bill_description"> This bill would extend the deadline in which the Board of Pardons and Paroles must train probation and parole officers regarding new requirements</p><p class="bill_description"> This bill would clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement and would specify that individuals released would be supervised as parolees</p><p class="bill_description"> This bill 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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> Relating to crimes and offenses, corrections, and pardons and paroles; to amend Sections 12-25-32, 12-25-36, 13A-4-1, 13A-4-2, and 13A-4-3, 13A-5-6, 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 15-18-8, 15-18-172, 15-22-24, 15-22-26.2, 15-22-29, 15-22-29.1, 15-22-32, 15-22-52, 15-22-54, and 29-2-20, Code of Alabama 1975, to clarify the definition of truth-in-sentencing standards; to 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; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses; to clarify the periods of confinement that may be imposed for violations; to specify that, prior to the imposition of confinement, a parolee or probationer must be presented with a violation report; to clarify that the Board of Pardons and Paroles may impose periods of confinement of two to three 24-hour periods; to indicate that judges may impose periods of confinement up to two to three 24-hour periods for violations; to clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement and releasees are subject to supervision like a parolee; to extend the deadline in which the Board of Pardons and Paroles must train probation and parole officers regarding new requirements; to include in the requirement that the Department of Corrections identify alternatives in local jurisdictions to community corrections programs; to specify the Department of Veterans Affairs as the responsible agency for identifying referral and other services to veterans; to remove release ranges to provide for a mandatory release date; to extend the current reporting deadline of the legislative committee assisting the Legislative Prison Joint Task Force; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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. </p>

Subjects

Corrections Department