HB51 Alabama 2022 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2022

Title

Sentencing standards, to provide for resentencing of certain individuals convicted of nonviolent offenses, procedure for resentencing, Sec. 12-25-34.3 added.

Summary

HB51 would allow certain prisoners convicted of nonviolent offenses before Oct 1, 2013 to seek resentencing under current presumptive or voluntary standards.

What This Bill Does

The bill adds a new process that lets eligible inmates request a reduced sentence using presumptive or voluntary sentencing standards in effect at the time of the request. To qualify, the offense must have occurred before Oct 1, 2013 and the inmate must show good behavior in custody. The motion is filed in the circuit court of the conviction county and heard by the original sentencing judge, the circuit’s presiding judge, or a retired judge. The court may grant a reduced sentence based on the standards in effect at the time, considering the original offense and the inmate’s conduct in custody, but is not required to grant relief and may stop if the inmate isn’t in a DOC facility or has had a prior denial.

Who It Affects

• Incarcerated individuals who committed a pre-2013 nonviolent offense and were sentenced under the old statutory range or Habitual Felony Offender Act, and who are currently serving a sentence in Alabama.
• The district attorney in the conviction county and the judges who would hear resentencing motions, who participate in the process (hearing the motion and providing input).

Key Provisions

• Defines 'Covered offense' as a pre-existing nonviolent offense whose penalties were modified by sections 12-25-34 and 12-25-34.2.
• Defines 'Defendant' as a person incarcerated in the Department of Corrections for a conviction of a covered offense.
• Allows eligible defendants to file a motion for reduction in sentence under presumptive or voluntary standards in effect at the time of the motion.
• Eligibility requires the covered offense occurred before Oct 1, 2013 and the motion is supported by evidence of good behavior in custody.
• Venue is the criminal division of the circuit court in the county of conviction; the motion is heard by the original sentencing judge, the presiding circuit judge, or a retired judge assigned by the Chief Justice.
• The district attorney must be served with the motion and has the right to be heard.
• The court may impose a reduced sentence using the standards in effect at the time of the motion, considering both the original offense and the defendant’s conduct in custody.
• The court cannot entertain a motion if a previous motion under this section was denied, and a defendant must be currently serving a sentence in a DOC facility.
• The law does not require a court to reduce the sentence; the court has discretion.
• Effective date is the first day of the third month after passage and approval (or when it becomes law).

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