Alabama bill giving some serving life in prison a ‘second chance’ at new sentence advances: Who would qualify?
A long-discussed bill to give some people serving life without parole in Alabama prisons a chance to apply for a shorter sentence won approval today in the House Judiciary Committee.
The sponsor of the bill, Sen. Will Barfoot, R-Montgomery, said about 150 to 200 people would be eligible to apply.
To be eligible, people would have to have been sentenced under the Habitual Felony Offender Act before May 26, 2000.
Those convicted of homicide, sex offenses, and attempted murder would be ineligible. Anyone who has committed crimes that caused a serious physical injury to another person would be ineligible.
“This is not what’s been called a get out of jail free card,” Barfoot said. “In fact, it just gives that individual the ability to petition the court.”
Gov. Kay Ivey called for passage of the “second chance” bill during her State of the State address in February.
The bill is not new. It is similar to one sponsored the last two years by Rep. Chris England, D-Tuscaloosa.
Under Barfoot’s bill, the person seeking the shorter sentence would file a petition with the trial court where they were convicted.
The district attorney would be notified and could contest the petition. Crime victims would be notified and have a chance to submit a statement or to be heard by the court.
After a hearing, the judge could grant the petition and order a shorter sentence or reduce the sentence to time served. Or the judge could deny the petition. The court would not consider a second petition from those denied.
“If this bill goes into effect, they will have served at least, hear me now, at least 25 years, for an offense where there was no physical injury,” Barfoot said. “We routinely sentence and send people to prison for much less time for violent offenses such as murder and robbery. And I think it is an element of fairness.”
Barfoot said he received input from victims groups in revising the bill.
The bill calls for the attorney general’s office to review the relevant indictments of petitioners to make sure the record does not show a violent act that was not reflected in the conviction.
Darlene Hutchinson, a member of the Alabama Crime Victims Compensation Commission and longtime advocate for crime victims, said it was important to add that as a safeguard.
Hutchinson said district attorney’s offices are overloaded with cases and it will be difficult for them to revisit cases more than 25 years old.
Rep. Matt Simpson, R-Daphne, said he philosophically opposed the bill. He said although the bill has been called a “second chance” bill, it should be called a “fifth chance” bill because it would apply to people who had been sentenced to life without parole under the Habitual Offender Act after committing a fourth felony.
He said that would mean eligibility for those who have committed crimes such as arson, robbery, kidnapping, burglary, drug trafficking and drug manufacturing.
“I fundamentally have a problem with that,” Simpson said.
Today’s approval by the committee puts it in position for consideration by the full House.
The Senate passed the bill in March.