HB72 Alabama 2021 Session

This bill would specify that a requirement enacted in 2015, that certain inmates nearing the end of their sentence be released by the Department of Corrections to mandatory supervision by the Board of Pardons and Paroles for specified periods prior to their end of sentence, would apply regardless of when the defendant was sentenced or committed the crime

Relating to the mandatory supervised release of inmates; to amend Section 15-22-26.2, Code of Alabama 1975, to apply certain sentencing provisions to certain defendants.

Section 1

Section 15-22-26.2, Code of Alabama 1975, is amended to read as follows:

§15-22-26.2.

(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under the provisions of Chapter 22 of Title 15 this chapter:

(1) If the defendant is sentenced to a period of five years or less, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than three months and no more than five months prior to the defendant's release date;.

(2) If the defendant is sentenced to a period of more than five years but less than 10 years, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than six months and no more than nine months prior to the defendant's release date; or.

(3) If the defendant is sentenced to a period of 10 years or more, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than 12 months and no more than 24 months prior to the defendant's release date.

(b) The provisions of this This section shall not apply to a defendant convicted of any sex offense involving a child, as defined in Section 15-20A-4.

(c) Prior to the defendant's release to supervision pursuant to this section, notice of such the release shall be provided by the department to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 and under the provisions of Section 15-22-36.

(d) Release of an An offender released to supervision pursuant to this section shall be release to an intensive program under released to the supervision of the Board of Pardons and Paroles and shall be subject to this article.

(e) This section applies to a defendant in the custody of the department without regard to when he or she was sentenced for or committed the crime."

Section 2

This act shall become effective on January 31, 2022, following its passage and approval by the Governor, or its otherwise becoming law.