On Tuesday, the Alabama Senate approved a bill that would allow certain individuals sentenced under the state’s Habitual Felony Offender Act to seek resentencing. SB156, sponsored by State Sen. Will Barfoot (R-Pike Road), initially failed on a 16-16 vote but later passed 17-8 after negotiations off the floor. Critics of the legislation contend that it would place an undue strain on the court system and create a risk of recidivism among those who have previously been incarcerated.
Under existing law, individuals with prior felony convictions can receive enhanced sentences, including life without parole. SB156 would provide an avenue for those sentenced before May 26, 2000, to petition for a sentence reduction, provided they meet specific criteria. The bill excludes offenders convicted of homicide, sex crimes, attempted murder, or crimes resulting in serious physical injury.
“Under the Habitual Offender Sentencing Act, there were somewhere around 150-200 individuals who were sentenced before 2000 who do life without the possibility of parole that if that same crime occurred today would not have that same sentence,” Barfoot said during floor debate.
SB156 garnered bipartisan support, including from the Alabama Policy Institute, Americans for Prosperity, Faith and Freedom Coalition, and the Christian Coalition. Proponents argue the bill brings Alabama’s sentencing laws in line with reforms seen in other states, offering relief to nonviolent offenders who were sentenced under older, harsher laws.
If enacted, SB156 would require individuals seeking resentencing to file a motion in the circuit court where they were convicted. Judges would consider factors such as the individual’s behavior in prison, the nature of the original crime, and input from victims before making a decision. The bill also mandates a 30-day waiting period after victims are notified before a ruling can be made.
The legislation includes a sunset provision, meaning it will be automatically repealed on Oct. 1, 2030, unless renewed by lawmakers.
SB156 now heads to the Alabama House.
Grace Heim is a state and political reporter for Yellowhammer News. You can follow her on X @graceeheim or email her at [email protected].
