SB156ENGROSSED
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SB156
YL496NN-2
By Senator Barfoot
RFD: Judiciary
First Read: 11-Feb-25
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First Read: 11-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to sentencing; to add Section 13A-5-9.2 to the
Code of Alabama 1975, to provide that an individual sentenced
pursuant to the habitual felony offender act may be
resentenced in certain circumstances; to amend Section
15-22-36.2, Code of Alabama 1975, to make conforming changes
to the statewide automated victim notification system; and to
further provide for the duties of the Code Commissioner with
respect to collective references to the Alabama Board of
Pardons and Paroles.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-5-9.2 is added to the Code of
Alabama 1975, to read as follows:
§13A-5-9.2
(a) On or after October 1, 2025, an individual serving
a sentence in the custody of the Department of Corrections may
file a motion for a reduction in that sentence if the
individual satisfies all of the following:
(1) The individual is serving a sentence pursuant to
Section 13A-5-9, for any offense other than: (i) homicide, as
defined in Article 1 of Chapter 6 of this title; (ii) a sex
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defined in Article 1 of Chapter 6 of this title; (ii) a sex
offense, as defined in Section 15-20A-5; (iii) attempted
murder, pursuant to Section 13A-4-2; or (iv) an offense that
caused serious physical injury or physical injury to another
individual, as those terms are defined in Section 13A-1-2.
(2) The individual is serving a sentence of life
without the possibility of parole.
(3) The individual received a final sentence at the
trial court prior to May 26, 2000.
(4) The individual has no prior convictions for any
offense included in subdivision (1).
(b) The individual shall file any motion for a
reduction in sentence in the criminal division of the circuit
court in the county in which the individual was convicted. The
motion shall be heard by the original sentencing judge or his
or her successor, the presiding judge of the circuit, or a
retired judge as assigned by the Chief Justice of the Alabama
Supreme Court. If the court determines the inmate is eligible
for resentencing under subsection (a), the court shall hold a
hearing on the motion. The court shall dismiss the motion if
the court determines the inmate to be ineligible.
(c)(1) The circuit court clerk shall serve a copy of
the motion for a reduction in sentence on the district
attorney in the county of the conviction.
(2) The district attorney shall have an opportunity to
be heard on any motion filed pursuant to this section.
(3) The circuit court clerk shall serve a copy of the
motion for a reduction in sentence on the Office of the
Attorney General, which shall timely review within 42 days the
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Attorney General, which shall timely review within 42 days the
relevant indictment to verify whether any prohibited offenses
in subdivision (a)(1) have been committed by the inmate filing
the motion.
(d) Any victim named in the indictment shall have an
opportunity to be heard on any motion filed pursuant to this
section. A victim and any other interested party registered
for notice for the inmate in the statewide automated victim
notification system may also file a statement with the court
and may do so in lieu of testifying at a hearing.
(e)(1) The circuit court clerk shall notify the Victim
Notification Unit of the Bureau of Pardons and Paroles when a
motion is filed pursuant to this section and again when the
hearing has been set. Upon receipt of these notices, the
bureau shall exercise due diligence in attempting to locate
and notify each victim named in the indictment. The bureau,
when practicable, shall also provide notifications to any
victims named in the indictment and to any other interested
party registered for notice for the inmate through the
statewide automated victim notification system established
pursuant to Section 15-22-36.2. Each notification shall
include the pendency of the motion; the location, date, and
time of the hearing; information explaining the circumstances
in which the defendant may be resentenced; notice that the
victim has a right to be heard at the hearing through
in-person testimony, through a written victim impact
statement, or both; the name of the judge presiding over the
hearing; information about the offender, including his or her
name, crimes for which he or she was convicted, and the
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name, crimes for which he or she was convicted, and the
sentence he or she received; how, where, and when to submit
written statements to the court; and contact information for
the appropriate district attorney. The court may not grant a
motion for resentencing pursuant to this section or hold a
hearing on such a motion until 30 days have passed following
certification by the bureau that it has completed the victim
notification requirements of this subdivision as to the
pendency of the motion or the holding of the hearing, as the
case may be.
(2) The circuit court clerk shall notify the
investigating law enforcement agency at least 30 days prior to
any hearing on a motion filed pursuant to this section. The
notification shall include all of the information required
under subdivision (1).
(3) Immediately following an order entered by the
court, the circuit court clerk shall notify the Bureau of
Pardons and Paroles of the order.
(f) Within 10 days of any court order issued pursuant
to this section, the bureau shall exercise due diligence to
notify any victim named in the indictment and any other
interested party registered for notice for the inmate in the
statewide automated victim notification system established
pursuant to Section 15-22-36.2.
(g) A court may impose a reduced sentence pursuant to
the laws in effect at the time of the motion or may impose a
sentence of time served.
(h) When considering a motion made pursuant to this
section, the court shall consider all of the following:
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section, the court shall consider all of the following:
(1) The underlying offense.
(2) The individual's conduct while in the custody of
the Department of Corrections.
(3) The age of the individual at the time the motion is
filed, including relevant research regarding criminal behavior
as it relates to an individual's age.
(4) The individual's likelihood of success after
release based on the availability of a structured and
supportive re-entry program.
(5) Whether the individual used a firearm in
furtherance of the offense.
(6) Any objection or support for resentencing by a
victim named in the indictment.
(i) A court shall give considerable weight to any
objection or support for resentencing by a victim named in the
indictment and any other interested party registered for
notice for the inmate in the statewide automated victim
notification system established pursuant to Section 15-22-36.2
or the use of a firearm in furtherance of the offense.
(j) A court may not entertain a motion made pursuant to
this section if a previous motion made pursuant to this
section was denied.
(k) Nothing in this section may be construed to require
a court to reduce any sentence.
(l) If the inmate who filed the motion is determined to
be eligible for resentencing pursuant to subsection (a), a
hearing on the motion shall occur; provided, the court may not
hold a hearing on such a motion until 30 days have passed
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hold a hearing on such a motion until 30 days have passed
following certification by the bureau that it has completed
the victim notification requirements set forth in subdivision
(e)(1).
(m) For the purposes of this section, all references to
a sentence, indictment, court, county, district attorney,
victim, or investigating law enforcement agency refer to the
sentence being served by the inmate who filed the motion under
subsection (a) and the indictment, court, county, district
attorney, victim, and investigating law enforcement agency
related to that sentence and the crime that led to the
conviction.
(n) This section is repealed on October 1, 2030.
Section 2.
Section 15-22-36.2, Code of Alabama 1975, is amended to
read as follows:
"§15-22-36.2
(a) There is hereby created the Victim Notification
Implementation Task Force to guide and support the
implementation of a statewide automated victim notification
system in Alabama. The task force shall be composed of four
crime victims' rights advocates designated by the Attorney
General and one designee from each of the following: The Board
of Pardons and Paroles, the Department of Corrections, the
Alabama State Law Enforcement Agency, the Alabama Crime
Victims Compensation Commission, the District Attorneys
Association or a district attorney representative, the
Attorney General, the Administrative Office of Courts, the
Alabama Circuit Judges' Association, the Office of Prosecution
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Alabama Circuit Judges' Association, the Office of Prosecution
Services, the Alabama Circuit Clerk's Association, and any
other entity or organization as deemed appropriate by a
majority vote of the current representatives composing the
task force. The task force shall elect a chair to function as
the administrative head. The task force shall meet initially
by March 1, 2012, at the call of the Attorney General. The
task force shall meet not less than quarterly after January 1,
2012, and otherwise at the call of the chair or a majority
vote of the current task force representatives. Pursuant to
this section and Section 13A-5-9.2, Section 14-14-5, Section
15-22-23, Section 15-22-36, Section 15-22-36.3, and Section
15-22-26.2, the task force shall be responsible for overseeing
the development of the automated victim notification system by
the Alabama State Law Enforcement Agency and integration of a
process to automatically update victim information into the
automated victim notification system on a continual basis. The
task force shall also oversee a statewide public education and
awareness campaign for the implementation of the automated
victim notification system and shall be charged with
confirming, by majority vote, that the automated victim
notification system complies with the requirements of this
section and Section 13A-5-9.2, Section 14-14-5, Section
15-22-23, Section 15-22-36, Section 15-22-36.3, and Section
15-22-26.2. Approval from the task force shall not be required
for the validity of any action taken by any entity represented
on the task force in the exercise of any of the power or
authority granted to it by the Legislature.
(b) Immediately upon approval from the task force by
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(b) Immediately upon approval from the task force by
majority vote that the automated notification system complies
with the requirements of this section and Section 13A-5-9.2,
Section 14-14-5, Section 15-22-23, Section 15-22-36, Section
15-22-36.3, and Section 15-22-26.2, the task force shall
automatically convert to the Victim Notification Oversight
Council for the purpose of continuing to provide direction to
the Alabama State Law Enforcement Agency on development,
support, expansion, and maintenance of the automated
notification system. The council shall consist of those task
force representatives serving on the task force, including
appointees, at the time of conversion. Upon conversion,
representatives from partner agencies may be added by majority
vote of the council. The appointees designated by the Attorney
General shall serve four year terms to ensure that a variety
of victim advocates are included in the oversight of the
system. The Attorney General shall designate a replacement as
required at the expiration of the term of a victim advocate.
No victim advocate may be appointed for more than two
consecutive terms.
(c) The Board of Pardons and Paroles shall have
authority to carry out the enforcement of Sections 13A-5-9.2,
15-22-23, and 15-22-36, and the Department of Corrections
shall have authority to carry out the enforcement of Section
14-14-5, Section 15-22-36.3, and Section 15-22-26.2.
(d) The Alabama State Law Enforcement Agency shall be
required to develop, support, house, and maintain the
automated notification system referenced in this section and
Section 13A-5-9.2, Section 14-14-5, Section 15-22-23, Section
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Section 13A-5-9.2, Section 14-14-5, Section 15-22-23, Section
15-22-36, Section 15-22-36.3, and Section 15-22-26.2 for the
use of the Board of Pardons and Paroles and the Department of
Corrections to make automated notices as required. The system
shall additionally be used to make notices of an offender's
change in status or custody, or notices regarding criminal
justice proceedings deemed to be in the best interest of
Alabama crime victims and public safety, by a majority vote of
the task force or, after its conversion, the Victim
Notification Oversight Council. The automatic notification
system created by the Alabama State Law Enforcement Agency
shall be the automated notification system used by the state
in making notifications to the Alabama crime victims.
(e) There is hereby created a Victim Notification
System Fund in the State Treasury. The fund shall consist of
all monies appropriated for the development, expansion,
support, and maintenance of the automated victim notification
system by the Alabama State Law Enforcement Agency. Any monies
in the fund may be expended solely for the use of the victim
notification system. The Secretary of the Alabama State Law
Enforcement Agency may expend monies in the Victim
Notification System Fund solely at the request and direction
of the Victim Notification Implementation Task Force or, after
its conversion, the Victim Notification Oversight Council,
created by this section."
Section 3. (a) The Legislature recognizes that the
Alabama Board of Pardons and Paroles is composed of a
three-person board, each member of which is appointed by the
Governor, serves a six-year term of office, and meets
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Governor, serves a six-year term of office, and meets
periodically throughout the year; and an executive staff
consisting of an executive director and other administrative
staff which together perform the day-to-day duties of the
agency. The Legislature also recognizes that the Alabama Board
of Pardons and Paroles has reorganized itself to distinguish
the duties of the three-person board and the executive staff
performing the day-to-day duties of the agency.
(b) The Code Commissioner is directed to examine all
collective references to the Alabama Board of Pardons and
Paroles and, where appropriate, distinguish between the
three-member board and the executive staff functions of the
agency. References to the duties and functions of the
three-member board shall be referred to as the "Alabama Board
of Pardons and Paroles" or "board," and refereces to the
executive staff and its duties and functions shall be referred
to as the "Bureau of Pardons and Paroles" or "bureau."
Section 4. This act shall become effective on October
1, 2025.
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1, 2025.
Senate
Read for the first time and referred
to the Senate committee on Judiciary
................11-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................20-Feb-25
Read for the third time and passed
as amended
Yeas 17
Nays 8
Abstains 0
................18-Mar-25
Patrick Harris,
Secretary.
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