HB446 Alabama 2016 Session

Under existing law, there are certain periods of confinement that may be imposed for parolees and probationers who violate the terms of parole or probation, with exceptions. Furthermore, significant revisions were made to the criminal justice, corrections, and probation and parole systems during the 2015 Regular Session (Act 2015-185)

This bill would further clarify certain provisions of Act 2015-185, 2015 Regular Session, including clarification of when modifications to the initial voluntary sentencing standards are effective and the periods of confinement that may be imposed for violations and would specify that, prior to the imposition of confinement, the parolee or probationer must be presented with a written violation report

This bill would modify the predicate monetary values of theft of property in the third degree, theft of lost property in the third degree, theft of services in the third degree, and receiving stolen property in the third degree

This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses

This bill would further clarify that the Board of Pardons and Paroles may impose periods of confinement of two to three twenty-four hour periods and would indicate that judges may impose periods of confinement of two to three twenty-four hour periods for violations

This bill would clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement and would remove release ranges to provide for a mandatory release date

This bill would clarify the phrase "consenting community corrections programs" for Class D felony offenses, and would specify that the Department of Veterans Affairs is the responsible agency for identifying referral and other services to veterans, including any operating Veterans Treatment Courts

This bill would also extend the current reporting deadline of April 20, 2016, of the legislative committee assisting the Legislative Prison Joint Task Force to April 20, 2017

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to crimes and offenses, corrections, and pardons and paroles; to amend Sections 12-25-34, 13A-4-1, 13A-4-2, and 13A-4-3, Code of Alabama 1975, Sections 6, 7, 9, 11, and 18 of Act 2015-185, 2015 Regular Session, now appearing as Sections 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 15-22-26.2, 13A-5-8.1, and 15-22-29.1, Code of Alabama 1975, respectively, Sections 13A-5-6 and 15-18-8, Code of Alabama 1975, as last amended by Act 2015-463, 2015 Regular Session, and Sections 12-25-32, 15-18-172, 15-22-29, 15-22-32, 15-22-52, 15-22-54, and 29-2-20, Code of Alabama 1975, as last amended by Act 2015-185, 2015 Regular Session, to clarify when modifications to the initial voluntary sentencing standards are effective; to modify the predicate monetary values of theft of property in the third degree, theft of lost property in the third degree, theft of services in the third degree, and receiving stolen property in the third degree; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses; to clarify the periods of confinement that may be imposed for violations; to specify that, prior to the imposition of confinement, a parolee or probationer must be presented with a violation report; to clarify that the Board of Pardons and Paroles may impose periods of confinement of two to three 24-hour periods; to indicate that judges may impose periods of confinement up to two to three 24-hour periods for violations; to clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement; to remove release ranges to provide for a mandatory release date; to clarify use of the phrase "consenting community corrections programs" for Class D felony offenses; to remove the requirement that the Department of Corrections identify alternatives in local jurisdictions to community corrections programs and place the responsibility with the sentencing court; to specify that the Department of Veterans Affairs is the responsible agency for identifying referral and other services to veterans; to extend the current reporting deadline of the legislative committee assisting the Legislative Prison Joint Task Force; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.