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A bill that would have allowed some people serving life in prison to have their convictions reviewed failed in the Alabama Senate on Tuesday in a 16-16-2 vote. Before adjourning, the Senate reconsidered the bill, and it passed 17-8-9.
Six senators changed their vote from no to pass. Two from yes to pass. Two from no to yes, and one from pass to yes.
Sen. Will Barfoot, R-Pike, introduced SB156, the second chance bill, to create a petition process for anyone convicted of a nonviolent crime before May 26, 2000, and sentenced under the Habitual Felony Offender Act to life without parole.
Qualifying individuals could request a sentence reduction or resentencing by filing a petition with the circuit court’s criminal division. Both the district attorney’s office and the victim will receive notification and be allowed to speak at the hearing.
Enacted in 1977, Alabama’s Habitual Offender Act imposed harsher penalties on individuals with prior felony convictions who were found guilty of additional felonies. Over time, this law has been noted as a factor contributing to the state’s long-standing issue of prison overcrowding.
In response to growing concerns, legislative changes in 2000 provided judges with greater flexibility when sentencing repeat offenders, but Barfoot noted that there are an estimated 150-200 people serving a life without parole sentence for nonviolent crimes under this act.
Republican senators voiced their concerns about the courts’ workload since the bill would establish a new petition the courts did not have previously, but Barfoot said he did not believe that every eligible offender would petition. Among those that did petition, Barfoot also said that he did not believe all of their sentences would be reconsidered.
Barfoot also recognized before the body that he had received support for this bill from various groups, namely the Alabama Policy Institute.
“We note that SB156 does not result in the automatic release of even one incarcerated person, but does allow for a narrow list of aging individuals the possibility to have their cases reviewed,” said API in a statement. “The Alabama Policy Institute appreciates the renewed focus on public safety by the Alabama Legislature and Governor Ivey.”
Gov. Ivey notably supported this bill during her State of the State Address, calling it “commonsense reform [to] help us focus our taxpayer dollars on the most pressing public safety needs.”
“It’s kind of one of those situations where sometimes you have two opposite diametrically opposed political sides who come together in support of a bill,” said Barfoot.
The bill now goes to the Alabama House of Representatives for consideration.
