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HB 43

RELATING TO COMMERCE.

2025 Regular Session Introduced by Scot Matayoshi

House Bill 43 allows judges to impose split sentences for non-violent offenders with up to 30-year sentences, promoting rehabilitation and easing prison overcrowding.

Carried over to 2026 Regular Session.
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Bill Summary · HB 43

Summary of House Bill 43: Split Sentence Authorized for 30-Year Sentence

Overview

House Bill 43, enacted on May 14, 2025, amends Section 15-18-8 of the Code of Alabama 1975 to authorize split sentencing for offenders receiving sentences of up to 30 years. This legislative change aims to provide judges with greater flexibility in sentencing, particularly for non-violent offenders, and to potentially reduce the burden on the Department of Corrections.

Purpose and Intent

The primary intent of HB 43 is to allow judges to impose a split sentence for individuals convicted of Class A or Class B felonies with sentences of 30 years or less. This approach is designed to facilitate rehabilitation and reintegration into society while still holding offenders accountable for their actions.

Key Provisions

  • Split Sentencing: Judges can now order a split sentence for offenders convicted of Class A or Class B felonies with sentences of 30 years or less. The specifics include:

    • Class A, B, C, or D Felonies: For sentences not exceeding 15 years, confinement can be up to 3 years, followed by probation.
    • Class A, B, or C Felonies: For sentences between 15 and 20 years, confinement can be between 3 to 5 years, followed by probation.
    • Class A, B, or C Felonies: For sentences between 20 and 30 years, a minimum confinement of 10 years is required, with the remainder of the sentence suspended and probation ordered.

  • Conditions of Probation: While on probation, offenders may be required to:

    • Pay fines or restitution.
    • Complete an accountability court program (e.g., drug court, mental health court).
    • Report to probation authorities as directed.

  • Exclusions: Probation is not available for sex offenses involving children classified as Class A or B felonies.

  • Effective Date: The provisions of this act will take effect on October 1, 2025.

Impact

  • Department of Corrections: The bill is expected to reduce the obligations of the Department of Corrections by allowing for shorter confinement periods, although the exact financial impact remains undetermined.
  • Board of Pardons and Paroles: There may be an increase in obligations for the Board of Pardons and Paroles due to the anticipated rise in individuals placed on probation.
  • Office of Indigent Services: The bill could also increase obligations for the Office of Indigent Services and the Administrative Office of Courts, depending on the number of indigent defendants attending accountability courts.

Legislative Process

  • Introduced: January 22, 2025
  • Passed: The bill was passed by the House on February 11, 2025, and subsequently by the Senate.
  • Enacted: Signed into law on May 14, 2025.

Conclusion

House Bill 43 represents a significant shift in Alabama's criminal procedure by expanding the options available to judges for sentencing. By allowing split sentences for longer terms, the legislation aims to promote rehabilitation while managing correctional resources more effectively.

Compiled from official sources — confirm details with the bill’s official record.

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