On Thursday, legislation was filed to repeal the 2015 sentencing reform legislation creating the Class D felony. The Class D felony was created by 2015 legislation to steer low-level offenders away from prison.
House Bill 271 (HB271) is sponsored by State Rep. Chris Sells.
HB271 has 48 Republican cosponsors, including House Majority Leader Scott Stadthagen.
Crimes in Alabama are divided between felonies and misdemeanors. Felonies are further subdivided into four categories: Class A, B, C, and D.
A Class D felony carries a standard sentence of between 366 days to five years, while a Class C felony carries a standard sentence of between 366 days to ten years. Class D offenses include theft of between $500 and $1500, illicit use of a credit card, and, perhaps most commonly, possession of illegal drugs for personal use. Offenders convicted of a Class D felony, however, must receive a split sentence, with some time on probation, unless they have already been sentenced to drug court, probation only, or a pretrial diversion program or have a prior conviction for a Class A, B, or C felony. Class D felons must be sent to a community corrections jail alternative, while Class C felons may be in prison, a jail-type alternative, or a treatment facility. Class C felons may also be confined in a community corrections program, while Class D felons must be sent to this type of jail alternative.
HB271 “would eliminate the Class D felony classification and reclassify current Class D felony offenses. This bill would repeal Class D felony offenses created by Act 2015-185 and any criminal offense classified as a Class D felony offense. This bill would require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions necessary to comply with current law.”
The creation of the Class D felony was a product of then-Governor Robert Bentley’s prison reform task force. The sentencing reform legislation, Senate Bill 67, was passed in 2015 to address the problem of overcrowding in the Alabama Department of Corrections (ADOC). The 2015 reforms did alleviate (at least for a time) prison overcrowding but have not been popular with county sheriffs and local law enforcement. At the time, the legislation was hailed by both the conservative-leaning Alabama Policy Institute and the left-leaning American Civil Liberties Union (ACLU) of Alabama as a necessary step forward to address the state’s perceived over-incarceration problem. SB67 passed the Senate 27 to 0 and the House 100 to 5 in 2015.
Alabama presently has a new mega-prison under construction in Elmore County, and ADOC is doing site work for a second mega-prison in Escambia County.
HB271 has been referred to the House Judiciary Committee.
Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits regular sessions to no more than 30 legislative days.
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