HB23 Alabama 2021 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Jim HillRepresentative
Republican
Session: Regular Session 2021
Title: Criminal procedure, provide that a judge may use discretion in the length of sentence a defendant must serve if his or her probation is revoked, Sec. 15-18-8 am'd.
Summary: HB23 lets a judge decide how long a defendant must serve if probation is revoked in a split sentence, instead of automatically requiring the remainder of the sentence.
What This Bill Does
HB23 amends Section 15-18-8 to give judges discretion in setting the revocation term for defendants in split-sentence cases involving Class A/B felonies with up to 20-year sentences. The revocation term cannot exceed the time remaining on the original sentence. The bill preserves the option to suspend the remainder of the sentence and place the defendant on probation, and includes nonsubstantive technical updates to current language. It becomes effective immediately after passage.

Who It Affects
Defendants convicted of Class A or Class B felonies who are serving a split sentence with probation and may have probation revoked.
Judges/courts that sentence these defendants, who would gain discretion to determine the length of the revocation term within the remaining time on the original sentence.

Key Provisions
Allows judges to use discretion in determining the length of the revocation sentence when probation is revoked for split-sentence cases involving Class A/B felonies with up to 20-year terms, with the length not to exceed the time remaining on the original sentence.
Maintains the option to suspend the remainder of the sentence and place the defendant on probation after confinement, with specific confinement timeframes (up to 3 years for certain cases not exceeding 15 years; 3–5 years for 15–20 year Class A/B cases, or 3 years for Class C cases) as applicable.
Includes nonsubstantive technical revisions to update the code language to current style (no change in substantive laws).
Takes effect immediately following passage and governor approval.

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