HB24 Alabama 2021 Session

Under existing law, an individual who was convicted of a nonviolent crime prior to October 1, 2013, was sentenced pursuant to the statutory sentencing range or the Habitual Felony Offender Act

This bill would provide that individuals currently incarcerated who committed nonviolent offenses and who were sentenced pursuant to the statutory sentencing range or the Habitual Felony Offender Act prior to October 1, 2013, may be eligible to be resentenced pursuant to the presumptive sentencing standards currently in effect

Relating to sentencing standards; to provide for resentencing of certain individuals convicted of nonviolent offenses.

Section 1

Section 12-25-34.3 is added to the Code of Alabama 1975, to read as follows: §12-25-34.3. (a) For the purposes of this section, the following words shall have the following meanings: (1) COVERED OFFENSE. A nonviolent offense as provided in Section 12-25-32, whose penalties were modified by Sections 12-25-34 and 12-25-34.2. (2) DEFENDANT. An individual incarcerated in the Department of Corrections resulting from a conviction of a covered offense. (b) On or after the effective date of this act, a defendant or the Department of Corrections may file a motion for reduction in sentence pursuant to the presumptive sentencing standards in effect at the time of the motion, provided that the defendant meets both of the requirements in subsection (d). (c) The venue for a motion filed pursuant to subsection (b) shall be the criminal division of the circuit court in the county in which the defendant was convicted. The petition shall be heard by the original sentencing judge, the presiding judge of the circuit, or a retired judge as assigned by the Chief Justice of the Supreme Court. (d) To be eligible for a reduction in sentencing both of the following shall be satisfied: (1) The covered offense occurred prior to October 1, 2013. (2) The motion for reduction in sentence is accompanied by evidence that the defendant has demonstrated behavior during incarceration that would indicate his or her fitness for resentencing pursuant to this section. (e) The motion for reduction in sentence shall be served upon the district attorney in the county of conviction. The district attorney shall have a right to be heard on any motion filed pursuant to this section. (f) The court may impose a reduced sentence pursuant to the presumptive sentencing standards in effect at the time of the motion. When considering a motion made pursuant to this section, the court shall consider both the underlying offense and the defendant's conduct while in custody. (g) A court may not entertain a motion made pursuant to this section if a previous motion for a reduction of sentence was denied. (h) A court may not entertain a motion made pursuant to this section if the individual is not currently serving his or her sentence in a Department of Corrections facility. (i) Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.