HB441 Alabama 2010 Session

Under existing law, there is no prohibition on the imposition of consecutive split sentences or the stacking of split sentences to require a defendant to serve more than one mandatory imprisonment portion of a split sentence for more than one offense

This bill would expressly prohibit sentencing a defendant to serve multiple consecutive incarceration portions of split sentences upon conviction for more than one offense at the same sentencing event

This bill would clarify that for a split sentence of 15 years or less, during the maximum term of imprisonment imposed, which is up to three years, a defendant would not be eligible for good time or parole

This bill would apply the maximum probation limitations of 2 years for misdemeanor convictions and 5 years for felony offenses to sentences imposed under a split sentence

This bill would specify that the period of probation or suspension of a sentence may be amended or modified by the court and that the court may revoke probation or modify any condition of probation while the defendant is serving either the incarceration portion or probation portion of a split sentence. The bill would also provide that if the court revokes probation, the court may order the defendant to participate in a substance abuse or community corrections program or order imprisonment for all or part of the remaining suspended sentence

This bill would also authorize full credit to be awarded for time served on probation upon successful completion of a residential drug or alcohol treatment program to which the offender has been referred as a condition of probation

To amend Sections 15-18-8 and 15-22-54 of the Code of Alabama 1975, to prohibit the imposition of consecutive incarceration portions of split sentences for separate offenses sentenced at the same sentencing event; to apply the maximum terms of probation for all types of sentences; to further provide for probation and the revocation of probation; and to authorize full credit for time served on probation upon successfully completing a court-ordered residential drug or alcohol treatment program.