HB329 Alabama 2020 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2020

Title

Sentencing standards, to provide for resentencing of certain individuals convicted of nonviolent offenses, Sec. 12-25-34.3 added.

Summary

HB329 would let certain inmates convicted of nonviolent offenses before Oct 1, 2013 seek resentencing under the current presumptive standards.

What This Bill Does

The bill creates a process for eligible inmates to request a reduced sentence using presumptive sentencing standards in effect at the time of the motion. It requires a certification from the Department of Corrections that the inmate has demonstrated suitable behavior, and the motion must be filed in the circuit court of the conviction county, with hearings held by the original sentencing judge, a circuit presiding judge, or a retired judge. The court may grant a reduced sentence based on the motion, considering both the underlying crime and the inmate's conduct in custody, but is not required to do so and there are limits on how often such motions can be filed.

Who It Affects

• Incarcerated individuals who committed a nonviolent offense prior to October 1, 2013 and were sentenced under the statutory sentencing range or the Habitual Felony Offender Act — they may be eligible to seek resentencing under current presumptive standards.
• The Department of Corrections, district attorneys, and the courts in the conviction county — involved in certifying fitness for resentencing, opposing or supporting motions, and deciding whether to reduce a sentence.

Key Provisions

• Defines 'covered offense' as a pre-2013 nonviolent offense whose penalties were modified by related sections of the code.
• Eligible defendants must have the offense occur before October 1, 2013 and have a DOC certification of fitness for resentencing.
• Motion for reduction in sentence can be filed by the defendant or the Department of Corrections on or after the act’s effective date and must be heard in the criminal division of the circuit court in the conviction county.
• The court may impose a reduced sentence based on presumptive standards in effect at the time of the motion and must consider both the original offense and the inmate’s conduct while in custody.
• A previous denial of a similar motion within the last five years blocks new motions unless updated behavior is documented by the DOC; a motion cannot be entertained if the inmate is not currently in a DOC facility, and the court is not required to grant a reduction.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sentencing