HB24 Alabama 2021 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular 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

HB24 allows eligible inmates with pre-2013 nonviolent offenses to seek resentencing under the presumptive standards in effect at the time of their motion.

What This Bill Does

The bill creates a resentencing path (Section 12-25-34.3) for incarcerated individuals whose nonviolent offenses were decided under older sentencing schemes. Eligible defendants or the Department of Corrections may file a motion for sentence reduction, provided the offense occurred before October 1, 2013 and the inmate shows conduct in custody demonstrating fitness for resentencing. The motion is heard in the circuit court of the conviction county, by the original sentencing judge, the presiding judge, or a retired judge. The court may reduce the sentence using the presumptive standards in effect at the time of the motion, but it is not required to grant relief, and factors include the offense and the inmate’s behavior in custody; previous denials or non-DOC status can block relief.

Who It Affects

• Incarcerated individuals who committed a covered nonviolent offense prior to October 1, 2013 and are currently serving their sentence in the Department of Corrections, who may be eligible to seek resentencing.
• The Department of Corrections, county district attorneys, and the circuit court system involved in filing, opposing, and ruling on these resentencing motions.

Key Provisions

• Adds Section 12-25-34.3 establishing a resentencing process for certain nonviolent offenses.
• Defines 'covered offense' and 'defendant' for the section.
• Allows a motion for reduction in sentence by the defendant or the Department of Corrections using presumptive standards in effect at the time of the motion.
• Requires the offense to have occurred before October 1, 2013 and evidence of favorable behavior in custody.
• Venue for the motion is the criminal division of the circuit court in the conviction county; heard by the original sentencing judge, presiding judge, or a retired judge.
• The district attorney must be served and has a right to be heard.
• The court may reduce the sentence if appropriate under the presumptive standards, considering the offense and the defendant’s conduct in custody; not mandatory, and previous denials or non-DOC status can bar relief.
• Effective date: the act becomes law on the first day of the third month after passage and 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

Sentencing