HB1 Alabama 2021 1st Special Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

First Special Session 2021

Title

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

Summary

HB1 creates a path for certain inmates convicted of nonviolent offenses before Oct 1, 2013 to be resentenced under current presumptive standards.

What This Bill Does

HB1 adds a new section (12-25-34.3) that defines what counts as a covered nonviolent offense and sets up a process for eligible incarcerated defendants to seek a sentence reduction. A defendant or the Department of Corrections can file a motion in the circuit court of the conviction county, to be heard by the original sentencing judge, a circuit judge, or a retired judge. To be eligible, the offense must have occurred before Oct 1, 2013 and the defendant must show evidence of good conduct in custody indicating fitness for resentencing; the district attorney must be served a copy and may be heard. The court may reduce the sentence using the presumptive standards in effect at the time of the motion, considering both the offense and the defendant's conduct, but reductions are not guaranteed and certain barriers apply (no motion if previously denied or if not in DOC).

Who It Affects

• Incarcerated defendants in Alabama who were convicted of a covered nonviolent offense before Oct 1, 2013 and are serving a sentence in the Department of Corrections
• District Attorneys in the counties of conviction (and the courts handling resentencing motions)

Key Provisions

• Adds Section 12-25-34.3 to create a new process for resentencing of covered offenses
• Defines 'covered offense' as a pre-existing nonviolent offense whose penalties were modified by specific sections
• Allows filing a motion for reduction in sentence after the act's effective date, with eligibility tied to offense date and inmate conduct
• Requires service on the district attorney and provides the DA right to be heard
• Courts may grant a reduced sentence using presumptive standards in effect at the time of the motion
• Disallows consideration if a previous motion was denied or if the defendant is not currently in DOC custody
• Not a guaranteed reduction; motion and resentencing are at the court's discretion
• Effective date is the first day of the third month after passage and governor approval

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sentencing