SB466 By Senator Sanders RFD Judiciary Rd 1 07-MAY-15

SYNOPSIS: This bill would provide for the resentencing by a panel of retired circuit judges of persons sentenced under the Habitual Offender Act prior to amendments to the act in 2000.

A BILL TO BE ENTITLED AN ACT

To add Section 13A-5-9.2 to the Code of Alabama 1975, relating to the Habitual Offender Act; to provide for the resentencing under certain conditions of persons sentenced under the act prior to the enactment of act 2000-759.

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) The provisions of Section 13A-5-9 shall be applied retroactively by the appointed review panel further provided for by this section, for consideration of early parole of each nonviolent convicted offender based on evaluations performed by the Department of Corrections and approved by the Board of Pardons and Paroles submitted to the review panel.

(b)(1) There shall be established a panel of retired judges who shall review applications for resentencing under the Habitual Felony Offender Act, Section 13A-5-9. The panel shall consist of five members.

(2) Members of the panel shall be appointed by the Governor, with the advice and consent of the Senate, from a list of retired judges nominated by a board consisting of the Chief Justice of the Supreme Court as chair, the presiding judge of the Court of Criminal Appeals, the Lieutenant Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The nominating board, as soon as practicable, shall meet and select by majority vote the names of retired judges to be submitted to the Governor. It shall immediately thereafter submit its nominations to the Governor, who shall make his or her appointment from the list within 10 days thereafter. Appointees shall begin serving immediately upon appointment, until confirmed or rejected by the Senate. Appointments made at times when the Senate is not in session shall be effective ad interim. Any appointment made by the Governor while the Senate is in session must be submitted by the Governor to the Senate not later than the third legislative day following the date of the appointment. Any appointment made while the Senate is not in session shall be submitted by the Governor not later than the third legislative day following the reconvening of the Legislature. In the event the Senate fails or refuses to act on the appointment within five legislative days after its submission, the appointment shall be void, and the person whose name was submitted shall not thereafter be reappointed. In the event an appointee is not confirmed by the Senate, the nominating board shall make five nominations. The Governor shall appoint one of those nominated, and this appointment shall be submitted to the Senate as provided in this section. The nominating and appointing procedure required in this section shall be continued and followed until an appointment is made and completed.

(3) The term of members of the panel shall be five years, after which time the panel will be dissolved.

(4) The Governor shall designate one of the judges as presiding judge, and the judge shall preside at sessions of the panel.

(5) Each member shall take the constitutional oath of office and shall be subject to impeachment for any of the causes specified in Section 173 of the Constitution of Alabama of 1901; and the procedure in cases of impeachment shall be in the manner provided by Section 175 of the Constitution of Alabama of 1901; provided, however, that in the event the Governor determines that any member of the panel has become incapacitated by reason of physical or mental disability or illness to the extent that he or she cannot efficiently perform the duties of his or her office, the Governor shall direct the Attorney General to proceed to the determination of that issue in an inquisition proceeding instituted by the district attorney in the Circuit Court of Montgomery County, Alabama. In the event the issue is determined in the court against the board member, the court shall declare the office vacant, and the office shall be vacated and a successor appointed, as provided in this section.

(6) Two members of the panel shall constitute a quorum for the transaction of the official business of the panel.

(7) The annual compensation of the judges serving on the panel shall be such an amount as is provided by law. The salaries shall be paid in equal installments from the State Treasury in the same manner that salaries of other retired judges are paid.

(c) During the term of the panel, members of the panel shall review petitions and make determinations concerning resentencing of nonviolent offenders who were sentenced under the Habitual Felony Offender Act prior to amendment by Act 2000-759.

(d) The review panel shall have the authority to resentence incarcerated individuals who received mandatory sentences of life or life without possibility of parole under the Habitual Felony Offender Act prior to its amendment by Act 2000-759. The panel shall make a determination as to whether the offender would have been eligible for a non-mandatory sentence under the 2000 amendment made by Act 2000-759, and shall then make a determination as to whether the offender should be resentenced.

Section 2. All laws or parts of laws which conflict with this act are repealed.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Habitual Offender Act

Court, Circuit

Code Added