HB446 By Representative Jones RFD Judiciary Rd 1 17-MAR-16

SYNOPSIS: 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.

A BILL TO BE ENTITLED AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. 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, are amended to read as follows:

§12-25-32.

"For the purposes of this article, the following terms have the following meanings:

"(1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter.

"(2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following:

"a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15.

"b. Intermediate Punishment. A sentence that may include assignment to any community based punishment program or may include probation with conditions or probation in conjunction with a period of confinement. Intermediate punishments include, but are not limited to, all of the following options:

"1. A split sentence pursuant to Section 15-18-8.

"2. Assignment to a community punishment and corrections program pursuant to the Alabama Community Punishment and Corrections Act or local acts.

"3. Assignment to a community based manual labor work program pursuant to Sections 14-5-30 to 14-5-37, inclusive.

"4. Intensive probation supervision pursuant to Section 15-22-56.

"5. Cognitive and behavioral training.

"6. Community service work.

"7. County probation.

"8. Day fines or means-based fines.

"9. Day reporting.

"10. Drug or alcohol testing.

"11. Drug court programs.

"12. Educational programs.

"13. Electronic monitoring.

"14. Home confinement or house arrest.

"15. Ignition interlock.

"16. Intermittent confinement.

"17. Jail and prison diversion programs.

"18. Job readiness and work.

"19. Literacy and basic learning.

"20. Pretrial diversion programs.

"21. Residential drug treatment.

"22. Residential community based punishment programs in which the offender is required to spend at least eight hours per day, or overnight, within a facility and is required to participate in activities such as counseling, treatment, social skills training, or employment training, conducted at the residential facility or at another specified location.

"23. Restorative justice as established in Section 12-17-226.6.

"(i) Victim impact panels.

"(ii) Voluntary victim offender conferencing.

"(iii) Voluntary victim offender mediation.

"24. Self-help groups.

"25. Sobrietor or breath alcohol remote monitoring.

"26. Substance abuse education and treatment.

"27. Treatment alternatives to street crime (TASC).

"28. Voice recognition, curfew restriction, or employment monitoring.

"29. Work release, other than those work release programs operated by the Alabama Department of Corrections, as a custody option.

"c. Unsupervised Probation. A sentence in a criminal case that includes a period of probation but does not include supervision, active incarceration, or an intermediate punishment.

"d. Post-release Supervision. A mandatory period of supervision following sentences of active incarceration as defined in paragraph a. that may include one or more intermediate punishment options.

"(3) COURT. Unless otherwise stated, a district or circuit court exercising jurisdiction to sentence felony offenders.

"(4) EVIDENCE-BASED PRACTICES. Policies, procedures, programs, and practices proven by widely accepted and published research to reliably produce reductions in recidivism.

"(5) FELONY OFFENSE. A noncapital felony offense.

"(6) INITIAL VOLUNTARY STANDARDS. The voluntary sentencing standards effective on October 1, 2006. These standards were based on statewide historic sentences imposed with normative adjustments designed to reflect current sentencing policies.

"(7) NONVIOLENT OFFENSE. All offenses which are not violent offenses.

"(8) NONVIOLENT OFFENDER. Any offender who does not qualify as a violent offender pursuant to subdivision (14).

"(9) OFFENDER. A person convicted of a noncapital felony offense.

"(10) RELEASE AUTHORITY. Any public official, agency, or other entity authorized by law to release a sentenced offender from incarceration or other conditions of a sentence.

"(11) SENTENCING EVENT. A sentencing event includes all convictions sentenced at the same time, whether included as counts in one case or as multiple cases, regardless of whether each offense is a sentencing standards offense.

"(11)(12) VALIDATED RISK AND NEEDS ASSESSMENT. An actuarial tool that has been validated and established by administrative rule in Alabama to determine the likelihood of an offender engaging in future criminal behavior. The Board of Pardons and Paroles and the Department of Corrections shall adopt compatible tools to conduct a validated risk and needs assessment upon offenders within the jurisdiction of the state. A validated risk and needs assessment shall include, but not be limited to, an offender's prior criminal history, the nature and severity of the present offense, and potential for future violence.

"(12)(13) TRUTH-IN-SENTENCING STANDARDS. Truth in sentencing is scheduled to become effective October 1, 2020.

"(13)(14) UNDER SUPERVISION. All offenders under the supervision of any criminal justice agency or program including, but not limited to, any of the following entities:

"a. The Alabama Department of Corrections.

"b. State or county probation offices.

"c. Community corrections programs pursuant to Alabama Community Corrections Act.

"d. Jails.

"e. State or local law enforcement agencies.

"f. Any court.

"(14)(15) VIOLENT OFFENDER. A violent offender is an offender who has been convicted of a violent offense, or who is determined by the trial court judge or a release authority to have demonstrated a propensity for violence, aggression, or weapons related behavior based on the criminal history or behavior of the offender while under supervision of any criminal justice system agency or entity.

"(15)(16) VIOLENT OFFENSE.

"a. For the purposes of this article, a violent offense includes each of the following offenses, or any substantially similar offense to those listed in this subdivision created after June 20, 2003:

"1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.

"2. Murder pursuant to Section 13A-6-2.

"3. Manslaughter pursuant to Section 13A-6-3.

"4. Criminally negligent homicide pursuant to Section 13A-6-4.

"5. Assault I pursuant to Section 13A-6-20.

"6. Assault II pursuant to Section 13A-6-21.

"7. Compelling street gang membership pursuant to Section 13A-6-26.

"8. Kidnapping I pursuant to Section 13A-6-43.

"9. Kidnapping II pursuant to Section 13A-6-44.

"10. Rape I pursuant to Section 13A-6-61.

"11. Rape II pursuant to Section 13A-6-62.

"12. Sodomy I pursuant to Section 13A-6-63.

"13. Sodomy II pursuant to Section 13A-6-64.

"14. Sexual torture pursuant to Section 13A-6-65.l.

"15. Sexual abuse I pursuant to Section 13A-6-66.

"16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.

"17. Stalking pursuant to Section 13A-6-90.

"18. Aggravated stalking pursuant to Section 13A-6-91.

"19. Soliciting a child by computer pursuant to Section 13A-6-110.

"20. Domestic violence I pursuant to Section 13A-6-130.

"21. Domestic violence II pursuant to Section 13A-6-131.

"22. Burglary I pursuant to Section 13A-7-5.

"23. Burglary II pursuant to Section 13A-7-6.

"24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.

"25. Arson I pursuant to Section 13A-7-41.

"26. Criminal possession of explosives pursuant to Section 13A-7-44.

"27. Extortion I pursuant to Section 13A-8-14.

"28. Robbery I pursuant to Section 13A-8-41.

"29. Robbery II pursuant to Section 13A-8-42.

"30. Robbery III pursuant to Section 13A-8-43.

"31. Pharmacy robbery pursuant to Section 13A-8-51.

"32. Terrorist threats pursuant to Section 13A-10-15.

"33. Escape I pursuant to Section 13A-10-31.

"34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.

"35. Intimidating a witness pursuant to Section 13A-10-123.

"36. Intimidating a juror pursuant to Section 13A-10-127.

"37. Treason pursuant to Section 13A-11-2.

"38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.

"39. Promoting prostitution I pursuant to Section 13A-12-111.

"40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.

"41. Trafficking pursuant to Section 13A-12-231.

"42. Child abuse pursuant to Section 26-15-3

"43. Elder abuse pursuant to Section 38-9-7.

"44. Terrorism pursuant to Section 13A-10-152.

"45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.

"46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.

"47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.

"48. Human trafficking I pursuant to Section 13A-6-152.

"49. Human trafficking II pursuant to Section 13A-6-153.

"50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.

"51. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States.

"b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria:

"1. Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another.

"2. Involves a substantial risk of physical injury against the person of another.

"3. Is a nonconsensual sex offense.

"4. Is particularly reprehensible.

"c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

"d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003.

§12-25-34.

"(a) Statewide voluntary sentencing standards shall be developed and presented to the Legislature in stages over a three-year period as follows:

"(1) By July 31, 2003, the commission shall develop and distribute to all sentencing judges a reference manual analyzing historical sentencing practices by duration of sentence and disposition of felony offenders in Alabama. The reference manual shall indicate those types of offenders historically most likely to be sentenced to punishments other than active incarceration where alternatives to active incarceration are available.

"(2) Concurrently with the development and distribution of the reference manual, the commission shall develop and begin testing worksheets and voluntary sentencing standards in selected circuits for selected felony offenses.

"(3) The commission shall develop and present the initial voluntary sentencing standards to the Legislature before or during the 2006 Regular Session. These standards shall be introduced in the 2006 Regular Session and shall become effective on October 1 following the 2006 Regular Session, if approved by an act of the Legislature passed during that session. The initial voluntary sentencing standards based on sentences imposed shall apply to convictions for felony offenses sentenced on or after October 1, 2006, and committed before the effective date of the voluntary truth-in-sentencing standards.

"(4) The commission shall develop and present truth-in-sentencing standards to the Legislature before or during the 2020 Regular Session. These standards shall be introduced in the 2020 Regular Session and shall become effective on October 1 following the 2020 Regular Session, if approved by an act of the Legislature. The voluntary truth-in-sentencing standards shall apply only to felony offenses committed on or after the effective date of these standards.

"(b) Recommended sentence ranges shall be established by standards that are based on historical sentencing practices, adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure, this chapter, and Section 12-25-31.

"(c) Voluntary sentencing standards shall take into account and include statewide historically based sentence ranges, including all applicable statutory minimums and sentence enhancement provisions, including the Habitual Felony Offender Act, with adjustments made to reflect current sentencing policies. No additional penalties pursuant to any sentence enhancement statute shall apply to sentences imposed based on the voluntary sentencing standards.

"(d) Commencing with the 2013 Regular Session, any modifications to the initial voluntary sentencing standards made by the commission shall be contained in the annual report presented to the Governor, the Legislature, the Chief Justice, and the Attorney General. An annual report containing proposed modifications shall be presented to the Governor, the Legislature, the Chief Justice, and the Attorney General at least forty-five days prior to each regular session of the Legislature. The modifications presented for nonviolent offenses shall become effective on October 1 following 30 days from the last day of the legislative session in which the modifications were presented unless rejected by an act of the Legislature enacted by bill during the legislative session. The modifications presented for violent offenses shall become effective on October 1 following 30 days from the last day of the legislative session in which the modifications were presented, if approved by an act of the Legislature enacted by bill during the legislative session in which the modifications were presented.

§13A-5-6.

"(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

"(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

"(2) For a Class B felony, not more than 20 years or less than 2 years.

"(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day. and A Class C felony must be sentenced either in accordance with subsection (b) of Section 15-18-8 unless sentencing is or pursuant to Section 13A-5-9, unless sentenced as a part of a sentencing event, as defined in Section 12-25-32, involving a Class A or Class B felony.

"(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day. and A Class D felony must be sentenced in accordance with subsection (b) of Section 15-18-8, unless sentenced as part of a sentencing event, as defined in Section 12-25-32, involving a Class A , Class B, or Class C felony.

"(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4(26), not less than 20 years.

"(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4(26), not less than 10 years.

"(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.

"(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20A-19, or where an offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4(26), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.

"(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

§13A-5-8.1.

"If a defendant is participating in a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program and is subsequently terminated from that program, the court may then order that the defendant be confined in either a prison, jail-type institution, treatment institution, or a consenting community corrections program. The court shall impose a sentence length that complies with either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable. Nothing in this section shall preclude the court from imposing a split sentence under Section 15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall limit the court's discretion with regard to any defendant ordered to participate in a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32, a court ordered faith-based program, or any other court ordered rehabilitative program, whether pre-trial, pre-trial adjudication, or as a condition of bond.

§13A-8-4.1.

"(a) The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) five hundred dollars ($1,500) in value, and which is not taken from the person of another, constitutes theft of property in the third degree.

"(b) Theft of property in the third degree is a Class D felony.

"(c) The theft of a credit card or a debit card, regardless of its value, constitutes theft of property in the third degree.

§13A-8-8.1.

"(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) five hundred dollars ($1,500) in value constitutes theft of lost property in the third degree.

"(b) Theft of lost property in the third degree is a Class D felony.

§13A-8-10.25.

"(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) five hundred dollars ($1,500) in value constitutes theft of services in the third degree.

"(b) Theft of services in the third degree is a Class D felony.

§13A-8-18.1.

(a) Receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) five hundred dollars ($1,500) in value constitutes receiving stolen property in the third degree.

(b) Receiving stolen property in the third degree is a Class D felony.

§13A-4-1.

"(a)(1) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he solicits, requests, commands or importunes such other person to engage in such conduct.

"(2) A person may not be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent.

"(b) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

"(c) A person is not liable under this section when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the offense solicited. When the solicitation constitutes an offense other than criminal solicitation which is related to but separate from the offense solicited, defendant is guilty of such related offense only and not of criminal solicitation.

"(d) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the offense solicited because of:

"(1) Criminal irresponsibility or other legal incapacity or exemption; or

"(2) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or

"(3) Any other factor precluding the mental state required for the commission of the offense in question.

"(e) It is no defense to a prosecution for criminal solicitation that defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that he solicited another to commit.

"(f) Criminal solicitation is a:

"(1) Class A felony if the offense solicited is murder.

"(2) Class B felony if the offense solicited is a Class A felony.

"(3) Class C felony if the offense solicited is a Class B felony.

"(4) Class D felony if the offense solicited is a Class C felony.

"(4) (5) Class A misdemeanor if the offense solicited is a Class C D felony.

"(5) (6) Class B misdemeanor if the offense solicited is a Class A misdemeanor.

"(6) (7) Class C misdemeanor if the offense solicited is a Class B misdemeanor.

"(7) (8) Violation if the offense solicited is a Class C misdemeanor.

§13A-4-2.

"(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.

"(b) It is no defense under this section that the offense charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be.

"(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of this criminal intent, he avoided the commission of the offense attempted by abandoning his criminal effort and, if mere abandonment is insufficient to accomplish such avoidance, by taking further and affirmative steps which prevented the commission thereof. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.

"(d) An attempt is a:

"(1) Class A felony if the offense attempted is murder.

"(2) Class B felony if the offense attempted is a Class A felony.

"(3) Class C felony if the offense attempted is a Class B felony.

"(4) Class D felony if the offense attempted is a Class C felony.

"(4) (5) Class A misdemeanor if the offense attempted is a Class C D felony.

"(5) (6) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

"(6) (7) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

"(7) (8) Violation if the offense attempted is a Class C misdemeanor.

§13A-4-3.

"(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement.

"(b) If a person knows or should know that one with whom he agrees has in turn agreed or will agree with another to effect the same criminal objective, he shall be deemed to have agreed with such other person, whether or not he knows the other's identity.

"(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy. Renunciation by one conspirator, however, does not affect the liability of another conspirator who does not join in the abandonment of the conspiratorial objective. The burden of injecting the issue of renunciation is on the defendant, but this does not shift the burden of proof.

"(d) It is no defense to a prosecution for criminal conspiracy that:

"(1) The person, or persons, with whom defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or is immune from prosecution, or

"(2) The person, or persons, with whom defendant conspired could not be guilty of the conspiracy or the object crime because of lack of mental responsibility or culpability, or other legal incapacity or defense, or

"(3) The defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.

"(e) A conspirator is not liable under this section if, had the criminal conduct contemplated by the conspiracy actually been performed, he would be immune from liability under the law defining the offense or as an accomplice under Section 13A-2-24.

"(f) Liability as accomplice. - Accomplice liability for offenses committed in furtherance of a conspiracy is to be determined as provided in Section 13A-2-23.

"(g) Criminal conspiracy is a:

"(1) Class A felony if an object of the conspiracy is murder.

"(2) Class B felony if an object of the conspiracy is a Class A felony.

"(3) Class C felony if an object of the conspiracy is a Class B felony.

"(4) Class D felony if an object of the conspiracy is a Class C felony.

"(4) (5) Class A misdemeanor if an object of the conspiracy is a Class C D felony.

"(5) (6) Class B misdemeanor if an object of the conspiracy is a Class A misdemeanor.

"(6) (7) Class C misdemeanor if an object of the conspiracy is a Class B misdemeanor.

"(7) (8) Violation if an object of the conspiracy is a Class C misdemeanor.

§15-18-8.

"(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4(26), that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less in any court having jurisdiction to try offenses against the State of Alabama and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order:

"(1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such period and upon such terms as the court deems best.

"(2) That a defendant convicted of a Class A, Class B, or Class C felony with an imposed sentence of greater than 15 years but not more than 20 years be confined in a prison, jail-type institution, or treatment institution for a period of three to five years for Class A or Class B felony convictions and for a period of three years for Class C felony convictions, during which the offender shall not be eligible for parole or release because of deduction from sentence for good behavior under the Alabama Correctional Incentive Time Act, and that the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for the period upon the terms as the court deems best.

"(3) This subsection shall not be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.

"(b) Unless a defendant is sentenced to probation, drug court, or a pretrial diversion program, when a defendant is convicted of an offense that constitutes a Class C or D felony offense and receives a sentence of not more than 15 years, the judge presiding over the case shall order that the convicted defendant be confined in a prison, jail-type institution, treatment institution, or community corrections program for a Class C felony offense or in a consenting community corrections program for a Class D felony offense, except as provided in subsection (e), for a period not exceeding two years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for a period not exceeding three years and upon such terms as the court deems best. In all cases when it is shown that a defendant has been previously convicted of any three or more felonies or has been previously convicted of any two or more felonies that are Class A or Class B felonies, and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony. This subsection shall not be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.

"(c) Nothing in this section shall be construed as superseding the sentencing requirements set forth and adopted by the Legislature as prescribed by the Alabama Sentencing Commission's Sentencing Standards.

"(d) In counties or jurisdictions where no community corrections program exists or resources from a community investment are not complete, a county or jurisdiction may enter into a compact or contract with another county or other counties to create a multi-jurisdiction community corrections facility that meets the needs and resources of each county or jurisdiction or enter into a compact or contract with a county or jurisdiction that has a community corrections program to provide services, as provided in and pursuant to Article 9 of this chapter.

"(e) If no community corrections program exists within a county or jurisdiction or an existing program has reached the maximum participation level established by its community punishment and corrections plan as provided in Section 15-18-172 and no alternative program options are available under subsection (e) of Section 15-18-172, a defendant convicted of an offense that constitutes a Class D felony may be sentenced to high-intensity probation under the supervision of the Board of Pardons and Paroles in lieu of community corrections.

"(f) Probation may not be granted for a sex offense involving a child as defined in Section 15-20A-4(26), which constitutes a Class A or B felony. Otherwise, probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.

"(g) Regardless of whether the defendant has begun serving the minimum period of confinement ordered under the provisions of subsections (a) or (b), if the imposed sentence is not more than 20 years, the court shall retain jurisdiction and authority throughout that period to suspend that portion of the minimum sentence that remains and place the defendant on probation, notwithstanding any provision of the law to the contrary and the court may revoke or modify any condition of probation or may change the period of probation.

"(h) While incarcerated or on probation and among the conditions thereof, the defendant may be required:

"(1) To pay a fine in one or several sums;

"(2) To make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had; and

"(3) To provide for the support of any persons for whose support he or she is legally responsible.

"(i) Except as otherwise provided pursuant to Section 15-18-64, the defendant's liability for any fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.

"(j) During any term of probation, the defendant shall report to the probation authorities at such time and place as directed by the judge imposing sentence.

"(k) No defendant serving a minimum period of confinement ordered under the provisions of subsections (a) or (b) shall be entitled to parole or to deductions from his or her sentence under the Alabama Correctional Incentive Time Act, during the minimum period of confinement so ordered; provided, however, that this subsection shall not be construed to prohibit application of the Alabama Correctional Incentive Time Act to any period of confinement which may be required after the defendant has served such minimum period.

§15-18-172.

"(a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody of the county. The program shall be established by a county by resolution adopted by the county commission or by community punishment and corrections authorities or other nonprofit entities as provided herein. The program shall establish the maximum number of offenders who may participate in the program and participation shall be limited to space availability. No offenders may be sentenced or assigned to the program in excess of the maximum number established for the program. No county is obligated to fund any activities of a community corrections program established under this article without an affirmative vote of the affected county commission.

"(b) The department may contract with such counties, authorities, or other nonprofit entities as provided herein concerning start-up costs and the costs of maintenance, including medical expenses, of state inmates participating in any program authorized under this article or under any county program functioning pursuant to any state or local act.

"(c) The department shall promulgate rules and regulations pursuant to the Alabama Administrative Procedure Act establishing conditions for state inmates' participation in the community punishment and corrections program, the observance of which may be a condition to such participation.

"(d) A state inmate incarcerated in a state facility may be approved by the department for participation in a community punishment and corrections program established under this article and be assigned to a program in the county from which the inmate was sentenced if a community punishment and corrections program under this article has been established in that county and if the sentencing judge of the county authorizes the inmate to participate in the program. An inmate may be assigned to a community punishment and corrections program in another county if the presiding judge of the other county and the sentencing judge agree to the assignment and if the county has agreed in the contract to accept inmates originally sentenced in other counties. In the event the sentencing judge is unavailable due to death, retirement, or any other reason, the presiding judge from the sentencing circuit shall act in the sentencing judge's stead. An inmate assigned to a community punishment and corrections program pursuant to this article shall not be eligible for parole consideration.

"(e) The department shall annually identify alternatives to community punishment and corrections programs for those counties which have not established a community punishment and corrections program under this article. The department shall publish a list of such alternatives on its website and shall provide a list of such alternatives to each district and circuit court annually. The department To be included in the list required by this subsection, the Alabama Department of Veterans Affairs shall include provide to the department a list of referral services available for veterans and servicemen, and, when available and appropriate, shall include any Veterans Treatment Court in operation in the appropriate county or circuit as an alternative.

§15-22-26.2.

"(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under the provisions of Chapter 22 of Title 15:

"(1) If the defendant is sentenced to a period of five years or less, he or she shall be released by the Department of Corrections to supervision by the Board of Pardons and Paroles no less than three months and no more than five months prior to the defendant's release date;

"(2) If the defendant is sentenced to a period of more than five years but less than 10 years, he or she shall be released by the Department of Corrections to supervision by the Board of Pardons and Paroles no less than six months and no more than nine months prior to the defendant's release date; or

"(3) If the defendant is sentenced to a period of 10 years or more, he or she shall be released by the Department of Corrections to supervision by the Board of Pardons and Paroles no less than 12 months and no more than 24 months prior to the defendant's release date.

"(b) The provisions of this section shall not apply to a defendant convicted of any sex offense involving a child, as defined in Section 15-20A-4.

"(c) Prior to the defendant's release to supervision pursuant to this section, notice of such release shall be provided by the Department of Corrections to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 and under the provisions of Section 15-22-36.

"(d) Release of an offender to supervision pursuant to this section shall be release to an intensive program under the supervision of the Board of Pardons and Paroles.

"(e) Offenders released pursuant to this section shall be subject to supervision as parolees pursuant to Sections 15-22-29 through 15-22-32, including, but not limited to, the ability to respond to violations of supervision conditions established by the Board of Pardons and Paroles, up to and including revocation. Those limitations contained in Section 15-22-32(b)(1) on the board's ability to revoke shall apply to offenders released under this section, as well as the administrative authority granted to supervising officers to impose short periods of confinement of two to three 24-hour periods.

§15-22-29.

"(a) The Board of Pardons and Paroles, in releasing a prisoner on parole, shall specify in writing the conditions of his parole, and a copy of such conditions shall be given to the parolee. A violation of such conditions may render the prisoner liable to arrest and reimprisonment.

"(b) The Board of Pardons and Paroles shall adopt general rules with regard to conditions of parole and their violation and may make special rules to govern particular cases. Such rules, both general and special, shall include, among other things, a requirement that:

"(1) The parolee shall not leave the state without the consent of the board;

"(2) He or she shall contribute to the support of his or her dependents to the best of his or her ability;

"(3) He or she shall make reparation or restitution for his or her crime;

"(4) He or she shall abandon evil associates and ways;

"(5) He or she shall carry out the instructions of his or her parole officer and in general so comport himself or herself as such officer shall determine; and

"(6) He or she shall submit to behavioral treatment, substance abuse treatment, GPS monitoring, other treatment as deemed necessary by the board or the supervising parole officer, and/or a short period or periods of confinement of two to three 24-hour periods in a consenting jail facility as ordered by the board or imposed by the supervising officer. Periods of confinement imposed by the supervising parole officer shall not exceed six days 24-hour periods per month during any three separate months during the period of parole. The six days 24-hour periods per month confinement provided for in this subdivision shall only be imposed by the supervising parole officer as two-day or three-day 48 or 72 hour consecutive periods at any single time. In no event shall the total periods of confinement imposed during the current supervision term by the supervising parole officer provided for in this subdivision exceed 18 total days 24-hour periods in a consenting jail facility. Confinement provided herein shall be subject to the limitations, provisions, and conditions provided in pursuant to Section 15-22-32, and the board's authority to directly impose sanctions, periods of confinement, or revoke parole shall not otherwise be limited.

§15-22-29.1.

"Prior to January 30, 2016, the Board of Pardons and Paroles shall collaborate with the Alabama Sentencing Commission to define and establish the fundamental terms and conditions of high intensity probation intensive supervision, which shall include high intensity probation and intensive program.

§15-22-32.

"(a) Whenever there is reasonable cause to believe that a prisoner who has been paroled has violated his or her parole, the Board of Pardons and Paroles, at its next meeting, may declare the prisoner to be delinquent, and time owed shall date from the delinquency. The Department of Corrections, after receiving notice from the sheriff of the county jail where the state prisoner is being held, shall promptly notify the board of the return of a paroled prisoner charged with violation of his or her parole. Thereupon, the board, a single member of the board, a parole revocation hearing officer, or a designated parole officer shall hold a parole court at the prison or at another place as it may determine within 20 business days and consider the case of the parole violator, who shall be given an opportunity to appear personally or by counsel before the board or the parole court and produce witnesses and explain the charges made against him or her. The board member, parole revocation hearing officer, or a designated parole officer, acting as a parole court, shall determine whether sufficient evidence supports the violation charges. If a hearing is not held within the specified 20 business days, the parolee shall be released back to parole supervision.

"(b) Upon finding sufficient evidence to support a parole violation, the parole court may recommend to the board revocation or reinstatement of parole, and the board may revoke or reinstate parole. Upon revocation of parole, the board may require the prisoner to serve in a state prison facility the balance of the term for which he or she was originally sentenced or any portion thereof, calculated from the date of delinquency. The delinquent parolee shall be deemed to begin serving the balance of the prison time required on the date of his or her rearrest as a delinquent parolee. However, in all cases, excluding violent offenses defined pursuant to Section 12-25-32 and classified as a Class A felony, and sex offenses, defined pursuant to Section 15-20A-5, the parole court may only recommend revocation and the board may only revoke parole as provided below:

"(1) Unless the underlying offense is a violent offense as defined in Section 12-25-32 and classified as a Class A felony, when When a parolee under supervision of the Board of Pardons and Paroles has violated a condition of parole, other than being arrested or convicted of a new offense or absconding, the parole court may recommend and the board may impose a period of confinement of no more than 45 consecutive days to be served in the custody population of the Department of Corrections. By April 29, 2016, the Department of Corrections shall develop and implement a streamlined process to transport and receive the parolee into its custody population and shall identify and, if possible, implement policies aimed at reducing the administrative delays, if any, in transferring to the Department of Corrections the physical custody of the parolee and those whose parole has been revoked. Such process shall be developed in cooperation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama. Such process shall include the most cost-effective method to process sanctioned parole violators for the maximum 45 day confinement period and shall provide that the Department of Corrections shall reimburse the state mileage rate, as determined by the Alabama Comptroller's Office, to the county for any state inmate sanctioned as a parole violator and transferred to or from a Department of Corrections facility by the county. Upon completion of the confinement period and release from confinement, the parolee shall automatically continue on parole for the remaining term of the sentence without further action from the board. The parole court shall not recommend and the board shall not revoke parole unless the parolee has previously received a total of three periods of confinement under this subsection. A parolee shall receive only three total periods of confinement under this subsection. After imposition of three periods of confinement, the board shall retain discretion to revoke parole as provided in subsection (b). The maximum 45 day term of confinement ordered under this subsection shall not be reduced by credit for incarceration time already served in the case. Confinement under this subsection shall be credited to the balance of the incarceration term for which the parolee was originally sentenced. In the event the time remaining on parole supervision is 45 days or less, the term of confinement shall be for the remainder of the parolee's sentence.

"(2) The total time spent in confinement under this subsection shall not exceed the term of the parolee's original sentence.

"(3) Confinement shall be immediate. The board shall be responsible for ensuring that the Department of Corrections receives necessary documentation for imposing a period of confinement within five business days of the board's action.

"(4) If the parolee is presented to a county jail for any period of confinement as contemplated herein above with a serious medical condition, the admittance of the parolee would create a security risk to the county jail, or if the jail is near, at, or over capacity, the sheriff may refuse to admit the parolee. If while in custody of the county jail the parolee develops a serious medical condition, the presence of the parolee creates a security risk to the county jail, or the county jail reaches near, at, or over capacity, the sheriff may release the parolee upon notification to the parole officer. A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a parolee into the jail or releasing a parolee from jail under the circumstances described above.

"(c) The position of Parole Revocation Hearing Officer is created and established, subject to provisions of the state Merit System.

"(d) The board may appoint or employ, as the board deems necessary, hearing officers who shall conduct a parole court. Such hearing officers shall have authority to determine the sufficiency of evidence to support parole violation charges and recommend to the board revocation of parole pursuant to subsection (b) or reinstatement of parole.

"(e) In lieu of the provisions of subsections (a) and (b), when a parolee violates his or her parole terms and conditions, the board or his or her parole officer may require the parolee to submit to behavioral treatment, substance abuse treatment, GPS monitoring, such other treatment as determined by the board or supervising officer, or a period of confinement in a consenting jail facility as specified in subdivision (6) of subsection (b) of Section 15-22-29. The parole officer may exercise such authority after administrative review and approval by the officer's supervisor.

"(f)(1) Prior to imposing a sanction period of confinement as provided under subsection (e) and pursuant to subdivision (6) of subsection (b) of Section 15-22-29, the parolee must first be presented with a written violation report, putting forth the alleged parole violations and supporting evidence. The parolee may request a hearing before the parole court to be heard in person within 10 days.

"(2) The parolee shall be given written notice of the right to seek such parole court review and advised of the right to all of the following:

"(i) to a. To have a hearing before a neutral and detached parole court on the alleged violation or violations, with the right to present relevant witnesses and documentary evidence; (ii) to.

"b. To retain and have counsel at the hearing if he or she so desires; and (iii) to.

"c. To confront and cross examine any adverse witnesses.

"Upon (3) The parolee may waive the right to such a hearing, and upon the signing of a waiver of these rights by the parolee and the supervising parole officer, with approval of a supervisor, the parolee may be treated, monitored, or confined for the period recommended in the violation report and designated on the waiver. However, the

"(4) The parolee shall have no right of review if he or she has signed a written waiver of rights as provided in this subsection and the signed waiver shall be deemed as the parolee's consent to the period of confinement recommended in the violation report and designated in the waiver. Subject to the sheriff's authority to refuse or release a parolee as set out in subdivision (b)(4), the decision of the parole board or a signed waiver providing for a period of confinement in a consenting jail facility shall authorize and require the sheriff to hold the parolee in the county jail for the specified period of confinement. Should a parolee not sign a written waiver consenting to the recommended period of confinement, the revocation process shall be initiated by the filing of a delinquency report by the supervising parole officer, subject to subsections (a) and (b), including the requirement that a parole court hearing be held within 20 business days.

"(g) The board shall adopt guidelines and procedures to implement the requirements of this section, which shall include the requirement of a supervisor's approval prior to exercise of the delegation of authority authorized by subsection (e).

§15-22-52.

"The court shall determine and may at any time modify the conditions of probation and shall include among them the following or any other conditions. Such conditions shall provide that the probationer shall:

"(1) Avoid injurious or vicious habits;

"(2) Avoid persons or places of disreputable or harmful character;

"(3) Report to the probation officer as directed;

"(4) Permit the probation officer to visit him or her at his or her home or elsewhere;

"(5) Work faithfully at suitable employments as far as possible;

"(6) Remain within a specified place;

"(7) Pay the fine imposed or costs or such portions thereof as the court may determine and in such installments as the court may direct;

"(8) Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court;

"(9) Support his or her dependents to the best of his or her ability; and

"(10) Submit to behavioral treatment, substance abuse treatment, GPS monitoring, other treatment as deemed necessary by the court or supervising probation officer, and/or a short period or periods of confinement of two to three 24-hour periods in a consenting jail facility as ordered by the court or imposed by the supervising officer. Periods of confinement imposed by the supervising probation officer shall not exceed six days 24-hour periods per month during any three separate months during the period of probation. The six days 24-hour periods per month confinement provided for in this subsection shall only be imposed by the supervising probation officer as two-day or three-day two or three 24-hour consecutive periods at any single time. In no event shall the total periods of confinement imposed during the current supervision term by the supervising probation officer provided for in this subsection exceed 18 total days 24-hour periods in a consenting jail facility. Confinement provided herein shall be subject to the limitations, provisions, and conditions provided in pursuant to Section 15-22-54, and the court's authority to directly impose sanctions, periods of confinement, or revoke probation shall not otherwise be limited.

§15-22-54.

"(a) The period of probation or suspension of execution of sentence shall be determined by the court and shall not be waived by the defendant, and the period of probation or suspension may be continued, extended, or terminated. However, except as provided in Section 32-5A-191 relating to ignition interlock requirements, in no case shall the maximum probation period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period of a defendant guilty of a felony exceed five years. When the conditions of probation or suspension of sentence are fulfilled, the court shall, by order duly entered on its minutes, discharge the defendant.

"(b) The court granting probation may, upon the recommendation of the officer supervising the probationer, terminate all authority and supervision over the probationer prior to the declared date of completion of probation upon showing a continued satisfactory compliance with the conditions of probation over a sufficient portion of the period of the probation. At least every two years, and after providing notice to the district attorney, the court shall review the probationer's suitability for discharge from probation supervision if the probationer has satisfied all financial obligations owed to the court, including restitution, and has not had his or her supervision revoked.

"(c) At any time during the period of probation or suspension of execution of sentence, the court may issue a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence, upon which the court shall hold a violation hearing. No probationer shall be held in jail awaiting such violation hearing for longer than 20 business days, unless new criminal charges are pending. If the hearing is not held within the specified time, the sheriff shall release the probation violator unless there are other pending criminal charges. A judge shall have authority to issue a bond to a probationer for release from custody.

"(d) Except as provided in Chapter 15 of Title 12, any probation officer, police officer, or other officer with power of arrest, when requested by the probation officer, may arrest a probationer without a warrant. In case of an arrest without a warrant, the arresting officer shall have a written statement by the probation officer setting forth that the probationer has, in his or her judgment, violated the conditions of probation, and the statement shall be sufficient warrant for the detention of the probationer in the county jail or other appropriate place of detention until the probationer is brought before the court. The probation officer shall forthwith report the arrest and detention to the court and submit in writing a report showing in what manner the probationer has violated probation.

"(e) After conducting a violation hearing and finding sufficient evidence to support a probation violation, the court may revoke probation to impose a sentence of imprisonment, and credit shall be given for all time spent in custody prior to revocation. If the probationer was convicted of a Class D felony and his or her probation is revoked, the incarceration portion of any split sentence imposed due to revocation shall be limited to two years or one-third of the original suspended prison sentence, whichever is less. However, in all cases, excluding violent offenses defined pursuant to Section 12-25-32 and classified as a Class A felony, and sex offenses, defined pursuant to Section 15-20A-5, the court may only revoke probation as provided below:

"(1) Unless the underlying offense is a violent offense as defined in Section 12-25-32 and classified as a Class A felony, when When a defendant under supervision for a felony conviction has violated a condition of probation, other than arrest or conviction of a new offense or absconding, the court may impose a period of confinement of no more than 45 consecutive days to be served in the custody population of the Department of Corrections. By April 29, 2016, the Department of Corrections shall develop and implement a streamlined process to transport and receive the probationer into its custody population and shall identify and, if possible, implement policies aimed at reducing the administrative delays, if any, in transferring to the Department of Corrections the physical custody of the probationer and those whose probation has been revoked. Such process shall be developed in cooperation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama. Such process shall include the most cost-effective method to process sanctioned probation violators for the maximum 45-day confinement period and shall provide that the Department of Corrections shall reimburse the state mileage rate, as determined by the Alabama Comptroller's Office, to the county for any state inmate sanctioned as a probation violator and transferred to or from a Department of Corrections facility by the county. Upon completion of the confinement period, the remaining probation period or suspension of sentence shall automatically continue upon the defendant's release from confinement. The court shall not revoke probation unless the defendant has previously received a total of three periods of confinement under this subsection. For purposes of revocation, the court may take judicial notice of the three total periods of confinement under this subsection. A defendant shall only receive three total periods of confinement under this subsection. After imposition of three periods of confinement, the court shall retain discretion to revoke probation as provided in subsection (e). The maximum 45-day term of confinement ordered under this subsection for a felony shall not be reduced by credit for time already served in the case. Any such credit shall instead be applied to the suspended sentence. In the event the time remaining on the imposed sentence is 45 days or less, the term of confinement shall be for the remainder of the defendant's sentence.

"(2) The total time spent in confinement under this subsection shall not exceed the term of the defendant's original sentence.

"(3) Confinement shall be immediate. The court shall be responsible for ensuring that the circuit clerk receives the order revoking probation within five business days. The circuit clerk shall insure that the Department of Corrections receives necessary transcripts for imposing a period of confinement within five business days of its receipt of the court's order.

"(4) If a probation violator, as described in subdivision (1), is presented to the county jail for confinement and the probation violator has a serious medical condition, the confinement of the probation violator creates a security risk to the jail facility, or the jail is near, at, or over capacity, the sheriff may refuse to admit the probation violator. If while in custody of the county jail the probation violator develops a serious medical condition, the confinement of the probation violator creates a security risk to the facility, or the county jail reaches near, at, or overcapacity, the sheriff may release the probation violator upon notification to the probation officer and to the court who has jurisdiction over the probation violator. A sheriff and his or her staff shall be immune from liability for exercising discretion pursuant to Section 36-1-12 in refusing to admit a probation violator into the jail or releasing a probation violator from jail under the circumstances described above.

"(f) In lieu of the provisions of subsections (c) through (e) and subject to the provisions in subsection (g), when a probationer violates his or her probation terms and conditions imposed by the court, the court or his or her probation officer may, after administrative review and approval by the officer's supervisor, require the probationer to submit to behavioral treatment, substance abuse treatment, GPS monitoring, such other treatment as determined by the board or supervising officer, or a period of confinement in a consenting jail facility as specified in subdivision (10) of Section 15-22-52.

"(g)(1) Prior to imposing a sanction period of confinement as provided under subsection (f) and pursuant to subdivision (10) of Section 15-22-52, the probationer must first be presented with a written violation report, with detailing the alleged probation violations and supporting evidence noted. The probationer may file a motion with the court to conduct a probation violation hearing within 10 days.

"(2) The probationer shall be given written notice of the right to such hearing and advised of the right following rights:

"(i) to a. To have a hearing before the court on the alleged violation in person, with the right to present relevant witnesses and documentary evidence; (ii) to.

"b. To retain and have counsel at the hearing and that counsel will be appointed if the probationer is indigent; and (iii) to.

"c. To confront and cross examine any adverse witnesses.

"(3) Upon The probationer may waive the right to a hearing as set out above, and upon the signing of a waiver of these rights by the probationer and the supervising probation officer, with approval of a supervisor, the probationer may be treated, monitored, or confined for the period recommended in the violation report and designated in the waiver. However, the

"(4) The probationer shall have no right of review if he or she has signed a written waiver of rights as provided in this subsection, and the waiver shall be deemed as the probationer's consent to the period of confinement recommended in the violation report and designated in the waiver. Subject to the sheriff's authority to refuse or release a probationer as set out in subdivision (e)(4), a court order or a signed waiver providing for a period of confinement in a consenting jail facility shall authorize and require the sheriff to hold the probationer in the county jail for the specified period of confinement. Should a probationer not sign a written waiver consenting to the recommended period of confinement, the revocation process shall be initiated by the filing of a report with the court by the supervising probation officer pursuant to subsections (c) through (e), including the requirement that a violation hearing be held within 20 business days.

"(h) The board shall adopt guidelines and procedures to implement the requirements of this section, which shall include the requirement of a supervisor's approval prior to a supervising probation officer's exercise of the delegation of authority authorized by subsection subsections (f) and (g).

§29-2-20.

"(a) A permanent legislative committee which shall be composed of eight members, two of whom shall be ex officio members and six of whom shall be appointed members, three each to be appointed by the President of the Senate and Speaker of the House, who shall both serve as the ex officio members, shall be formed to assist in realizing the recommendations of the Legislative Prison Task Force and examine all aspects of the operations of the Department of Corrections. The chairman of the committee shall be selected by and from among the membership. The committee shall make diligent inquiry and a full examination of Alabama's present and long term prison needs and they shall file reports of their findings and recommendations to the Alabama Legislature not later than the fifteenth legislative day of each regular session that the committee continues to exist.

"(b) The committee shall study and address mental health issues for prisoners reentering the community after a term of imprisonment in order to streamline the sharing of critical mental health information and in order to address barriers to accessing mental health treatment for such prisoners. The committee shall report such findings to the Legislature no later than April 20, 2016 2017, and shall work in conjunction with the following in studying and addressing such issues:

"(1) Department of Corrections;

"(2) Board of Pardons and Paroles;

"(3) Department of Mental Health;

"(4) Administrative Office of Courts;

"(5) Office of Prosecution Services;

"(6) Office of the Attorney General;

"(7) Alabama Law Enforcement Agency;

"(8) Association of County Commissions of Alabama;

"(9) Alabama Probate Judges Association;

"(10) Alabama Sheriffs' Association;

"(11) Alabama Criminal Defense Lawyers Association;

"(12) Alabama Circuit Judges' Association;

"(13) Department of Public Health;

"(14) Office of the Governor;

"(15) Alabama District Attorneys Association;

"(16) Alabama Drug Abuse Task Force; and

"(17) Any other advocacy groups as determined by the committee.

"(c) The committee shall study and address issues related to felony restitution collection in order to improve rates of collection for restitution obligations in felony cases and establish best practices relating to a defendant's ability to pay obligations owed. The committee shall report such findings to the Legislature no later than April 20, 2016 2017, and shall work in conjunction with the following in studying and addressing such issues:

"(1) Department of Corrections;

"(2) Board of Pardons and Paroles;

"(3) Administrative Office of Courts;

"(4) Office of Prosecution Services;

"(5) Office of the Attorney General;

"(6) Alabama Law Enforcement Agency;

"(7) Alabama Criminal Defense Lawyers Association;

"(8) Alabama Circuit Judges' Association;

"(9) Association of County Commissions of Alabama;

"(10) Alabama Sheriffs' Association;

"(11) Alabama Crime Victims Compensation Commission;

"(12) The Alabama Circuit Clerk's Association;

"(13) Two crime victims' rights advocates designated by the Attorney General;

"(14) Two members from the Alabama District Attorneys Association, of which one shall be from a largely populated metropolitan judicial circuit and the other shall be from a small, rurally populated judicial circuit; and

"(15) Any other advocacy groups as determined by the committee.

"(d) The committee shall study and address capacity issues within the Department of Corrections to include, but not limited to, the issue of design capacity and operational or functional capacity, as well as the construction of new prison facilities and the renovation of current correctional facilities as they relate to prison overcrowding and public safety. The committee shall report such findings to the Legislature no later than April 20, 2016 2017, and shall work in conjunction with the following in studying and addressing such issues:

"(1) Department of Corrections;

"(2) Board of Pardons and Paroles;

"(3) Department of Mental Health;

"(4) Department of Public Health;

"(5) Administrative Office of Courts;

"(6) Office of Prosecution Services;

"(7) Office of the Attorney General;

"(8) Alabama Law Enforcement Agency;

"(9) Alabama Drug Abuse Task Force;

"(10) Alabama Criminal Defense Lawyers Association;

"(11) Alabama Circuit Judges' Association;

"(12) Association of County Commissions of Alabama;

"(13) Two members from the Alabama Sheriffs' Association, of which one shall be from a largely populated metropolitan judicial circuit and the other shall be from a small, rurally populated judicial circuit; and

"(14) Two members from the Alabama District Attorneys Association, of which one shall be from a largely populated metropolitan judicial circuit and the other shall be from a small, rurally populated judicial circuit.

"(e) The studies and collaborating partners provided for in this section shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

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

Corrections Department

Prisons and Prisoners

Pardons and Paroles

Veterans' Affairs, State Department of

Legislative Committees

Code Amended