Alabama House Bill HB39

Alabama 2023 Regular Session

• Introduced: 2/23/23
• Refer: 2/23/23

Caption

Relating to criminal procedure; to amend Section 15-18-8, Code of Alabama 1975, to further provide for the sentencing of offenders; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Impact

The proposed bill has the potential to significantly impact Alabama's criminal justice system by increasing the options available to judges and promoting rehabilitation for offenders facing long sentences. Proponents argue that by allowing for sentence splitting in cases with heavier sentencing, it offers an opportunity for successful reintegration into society. This change might reduce recidivism rates by facilitating access to probationary programs and treatment for offenders, ultimately benefiting not only the individuals involved but also the community as a whole.

Summary

House Bill 39 seeks to amend Section 15-18-8 of the Code of Alabama to modify the sentencing cap for judges when splitting sentences for certain felony convictions. Under current law, judges can split sentences only for offenses with maximum sentences of 20 years or less. With this bill, the cap would increase to 30 years, allowing judges greater flexibility to suspend sentences and place offenders on probation. This change is intended to reflect a growing emphasis on rehabilitation rather than purely punitive measures, especially for lower-risk offenders.

Contention

Despite its potential positive outcomes, HB 39 may face opposition from certain law enforcement agencies and victim advocacy groups who argue that it could undermine the seriousness of felony convictions. Critics express concerns that expanding the ability to split sentences might lead to leniency for serious crimes, particularly those classified as Class A or B felonies. Furthermore, the bill specifically precludes using this option for certain sex offenses against children, highlighting the complexity and need for careful consideration in amending sentencing laws.