HB539 Alabama 2010 Session

Under existing law, an offender sentenced to probation may be incarcerated in the penitentiary for the remainder of his or her sentence if probation is revoked for one or more technical violations

This bill would prohibit incarceration in the penitentiary if a probationer has successfully completed six months probation and has committed only technical violations

Existing law limits the period of probation to five years for a felony offense and two years for a misdemeanor offense for all probation periods

This bill would specify the limits applying to probation periods imposed as part of a split sentence and would provide intermediate options a court may utilize in revoking probation. This bill would provide retroactive application of the limits on incarceration to certain prisoners that are currently incarcerated in the penitentiary on probation revocation for technical violations upon meeting certain conditions and would invest jurisdiction in the sentencing court to modify a qualified offender's sentence. This bill would also provide yearly appropriations for counties

To amend Section 15-22-54, Code of Alabama 1975, to limit the terms of probation; to prohibit incarceration in the penitentiary for technical violations of probation with retroactive application for certain offenders; to provide intermediate sanctions for violations; and to add Sections 15-22-54.1 and 15-22-54.2 to the Code of Alabama 1975, to provide for resentencing and yearly appropriations to counties.