Alabama House Republicans kill ‘second chance’ bill

A prison cell in Holman Correctional Facility in Atmore, Alabama, as seen on Oct. 22, 2019. (File)

Alabama House Republicans Thursday sank a bill that would have given some people serving life in prison under the state’s Habitual Offender Law a chance to have their convictions reviewed.

HB 29 , sponsored by Rep. Chris England, D-Tuscaloosa, would allow those who received a final sentence in a trial court before May 26, 2000 to have their sentences review. Those convicted of homicides and sexually-based offenses would not be eligible.

“I want to stress something. This is not a mass release of anybody. What it is, is an opportunity, if you meet very specific set of circumstances, to be eligible for review for resentencing,” England said on the House floor. “As it stands right now, if this bill were to pass, it only deals with about 150 people who are currently incarcerated.”

The bill got a 49-48 vote on a procedural motion known as a budget isolation resolution (BIR). To pass the BIR, the second chance bill needed the approval of three-fifths of those present and voting, or 59 votes.

All 27 Democrats in the chamber voted for the bill, along with 22 Republicans. The no votes all came from Republicans. Among the Republicans voting for the measure was House Judiciary Committee Chair Jim Hill, R-Odenville.

The House passed the bill last year but the legislation did not make it to the Senate floor before the 2023 Legislative session ended.

As he introduced the bill on the House floor Thursday, England did not seem confident it was going to pass the BIR vote.

“One of the things that we heard a lot of is that there’s a potential for individuals to be released that may have harmed someone in one of their priors, so if this bill were to get to BIR, I’m going to offer an amendment to it,” England said.

Shortly after, in explaining a timeline of the bill after it goes into effect, England said, “if this bill were to pass.”

A message was left with England seeking comment.

Rep. Rick Rehm, R-Dothan, spoke in support of the bill, emphasizing that the legislation would only apply to a small number of people, and that some people that would be eligible may not be released.

“I just want to make sure everybody understands this is not like automatically these inmates are being released. They have to go through a process, in which it goes before a judge,” Rehm said.

England added that once they go through the process once, they wouldn’t be eligible again.

Alabama’s implementation of the Habitual Offender Act in 1977 led to stricter punishment for individuals with prior felony convictions convicted of subsequent felony offenses. The law has been blamed for creating Alabama’s decades-long prison overcrowding crisis. Revisions to the law in 2000 granted judges more discretion in sentencing those with previous felony records.

Eligible individuals can petition the criminal division of the circuit court to have their sentences reduced. Both the district attorney’s office and the victim will receive notification and be given the opportunity to speak at the hearing.

“In my opinion, it’s just the right thing to do,” England said.

The bill would have expired on Oct. 1, 2029.

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