Bill to let some Alabama prisoners serving life advances

A bill to allow some inmates serving sentences of life without parole to apply for new sentences won approval today in the Alabama House of Representatives.

To be eligible, inmates must have served at least 23 years in prison and could not have committed a homicide, sex offense, or any crime that caused a serious physical injury.

The sponsor, Rep. Chris England, D-Tuscaloosa, said about 300 inmates would be eligible. They would apply to the trial court where they were convicted for a new sentence. The House passed the bill by a vote of 64-37. It moves to the Senate.

England is a longtime proponent of changes to Alabama’s Habitual Felony Offender Act. England said the bill, HB229, is a compromise version of a “Second Chance” bill developed in cooperation with the attorney general’s office and Republicans on the Judiciary Committee, including Rep. Russell Bedsole, who is a captain in the Shelby County sheriff’s office. England said changes that narrowed the scope of the bill helped it win approval in committee last week and on the House floor today.

To be eligible, inmates must have been sentenced to life without parole under the Habitual Felony Offender Act before May 26, 2000. The district attorney would be notified about the request for a new sentence and could respond. The crime victim would be notified and could file a statement or testify. If a victim objects to a new sentence, the judge would give that “considerable weight,” according to the bill.

Also, the local law enforcement agency that investigated the crime would be notified. In deciding whether to grant the request for a new sentence, the court would consider the underlying offense, the inmate’s conduct in prison, the inmate’s age, and whether the inmate used a firearm in the crime, a factor that would be given “considerable weight.”

An inmate would get only one chance to apply for a new sentence. The law will expire in five years after it takes effect.

“I think this is about as reasonable and as measured an approach as you can get,” England said.

Bedsole, who is the administrator of the Shelby County jail, said key points to him were that victims would have a say on the request for a new sentence, that local law enforcement would be informed, and that the use of a firearm would be considered.