HB23 Alabama 2021 Session

Under existing law, a judge may sentence a defendant convicted for a criminal offense to a split sentence under certain circumstances

Under existing law, a defendant sentenced to a split sentence is required to serve the remainder of the original sentence if his or her probation is revoked

This bill would provide that a judge may use his or her discretion in determining the length of sentence a defendant must serve if his or her probation is revoked

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Relating to crimes and offenses; to amend Section 15-18-8, as last amended by Act 2019-344, 2019 Regular Session, Code of Alabama 1975, to provide that a judge may use discretion in the length of sentence a defendant must serve if his or her probation is revoked; and to make nonsubstantive, technical revisions to update the exiting code language to current style.

Section 1

Section 15-18-8, as last amended by Act 2019-344, 2019 Regular Session, Code of Alabama 1975, is amended to read as follows:

§15-18-8.

(a) When a defendant is convicted of an a Class A or Class B felony offense, other than a sex offense involving a child as defined in Section 15-20A-4, that constitutes a Class A or Class B felony offense, and receives a sentence of ears or less in any court having jurisdiction to try offenses against the State of Alabama, and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order either of the following:

(1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such a period and upon such terms as the court deems best.

(2) That a defendant convicted of a Class A, Class B, or Class C felony with an imposed sentence of greater than 15 years but not more than 20 years be confined in a prison, jail-type institution, or treatment institution for a period of three to five years for Class A or Class B felony convictions and for a period of three years for Class C felony convictions, during which the offender shall not be eligible for parole or release because of deduction from sentence for good behavior under the Alabama Correctional Incentive Time Act, and that the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for the period upon the terms as the court deems best.

This subsection shall not be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.

(b) Unless a defendant is sentenced to probation, drug court, or a pretrial diversion program, when a defendant is convicted of an offense that constitutes a Class C or Class D felony offense and receives a sentence of not more than 15 years, the judge presiding over the case shall order that the convicted defendant be confined in a prison, jail-type institution, treatment institution, or community corrections program for a Class C felony offense or in a consenting community corrections program for a Class D felony offense, except as provided in subsection (e), for a period not exceeding two years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for a period not exceeding three years and upon such terms as the court deems best. In all cases when it is shown that a defendant has been previously convicted of any three or more felonies or has been previously convicted of any two or more felonies that are Class A or Class B felonies, and after such the convictions has committed a Class D felony, upon conviction, he or she must shall be punished for a Class C felony. This subsection shall not be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.

(c) Nothing in this section shall be construed as superseding the sentencing requirements set forth and adopted by the Legislature as prescribed by the Alabama Sentencing Commission's Sentencing Standards.

(d) In counties or jurisdictions where no community corrections program exists or resources from a community investment are not complete, a county or jurisdiction may enter into a compact or contract with another county or other counties to create a multi-jurisdiction community corrections facility that meets the needs and resources of each county or jurisdiction or enter into a compact or contract with a county or jurisdiction that has a community corrections program to provide services, as provided in and pursuant to Article 9 of this chapter.

(e) If no community corrections program exists within a county or jurisdiction and no alternative program options are available under subsection (e) of Section 15-18-172, a defendant convicted of an a Class D felony offense that constitutes a Class D felony may be sentenced to high-intensity probation under the supervision of the Board of Pardons and Paroles in lieu of community corrections.

(f) Probation may not be granted for a sex offense involving a child as defined in Section 15-20A-4, which constitutes a Class A or B felony. Otherwise, probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.

(g)(1) Regardless of whether the defendant has begun serving the minimum period of confinement ordered under the provisions of subsections subsection (a) or, (b), or (l), if the imposed sentence is not more than 20 years, the court shall retain jurisdiction and authority throughout that period to suspend that portion of the minimum sentence that remains and place the defendant on probation, notwithstanding any provision of the law to the contrary, and the court may revoke or modify any condition of probation or may change the period of probation.

(2) If a defendant's probation is revoked, and the defendant was sentenced pursuant to subsection (a), (b), or (l), the sentencing judge shall have the discretion to determine the length of the revocation sentence.

(h) While incarcerated or on probation and among the conditions thereof of probation, the defendant may be required to do any of the following:

(1) To pay a fine in one or several sums;.

(2) To make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had; and.

(3) To provide for the support of any persons for whose support he or she is legally responsible.

(i) Except as otherwise provided pursuant to Section 15-18-64, the defendant's liability for any fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.

(j) During any term of probation, the defendant shall report to the probation authorities at such the time and place as directed by the judge imposing sentence.

(k) No defendant serving a minimum period of confinement ordered under subsection (a) or (b) shall be entitled to parole or to deductions from his or her sentence under the Alabama Correctional Incentive Time Act, during the minimum period of confinement so ordered; provided, however, that this subsection shall may not be construed to prohibit application of the Alabama Correctional Incentive Time Act to any period of confinement which may be required after the defendant has served such the minimum period.

(l) When a defendant is convicted of a misdemeanor or convicted of a municipal ordinance, the judge presiding over the case may impose a sentence in accordance with Section 13A-5-7. The court may order a portion of the sentence to be suspended and the defendant be placed on probation for such a period not exceeding two years and upon such terms as the court deems best.

(m) Nothing in this section shall be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.