Senate narrowly passes bill allowing some life without parole inmates to ask for a new sentencing hearing

March 18, 2025 – MONTGOMERY, AL. – The Alabama Senate narrowly passed a bill that would allow as many as 200 inmates of the Alabama Department of Corrections to petition the court for a new sentencing hearing.

Senate Bill 156 (SB156) is sponsored by state Senator Will Barfoot (R-Pike Road).

Barfoot explained that under existing law there are persons in the Alabama Department of Corrections who were sentenced under the 1980s-era Habitual Offender Sentencing Act.

This bill would apply to "150 to 200 individuals who are currently in DOC custody who were sentenced before 2000 to life without parole for crimes that would not be subject to life imprisonment if sentenced today," said Sen. Barfoot. "This would give them the opportunity to petition the court to be resentenced."

Barfoot said that the prisoner, "Must have already served 25 years and this would not apply to violent offenders."

The prisoner would "Have a five year window" to file the petition to the court. The victim would also have the opportunity to oppose this. The district attorney would have a right to be heard."

Sen. Bobby Singleton (D-Greensboro) had an issue with the trial facts being reheard at the hearing.

"I am all for victims rights; but I don't, as we have seen before the Parole Board, where we retrial the case all over again."

Sen. Greg Albritton (R-Atmore) said, "They were sentenced to life without possibility of parole meaning that the Parole Board has no jurisdiction at all."

"Now we are asking that the individuals themselves to petition to be resentenced?" Albritton said

Barfoot said yes that the Parole Board would not be involved in this.

Sen. David Sessions (R-Red Bay) said, "I do want to make sure that your legislation does not apply to violent offenders."

Barfoot read from the bill "Other than homicide, sex offense, or offense that caused physical harm to another individuals."

Violent offenders would not have this option as would offenders who have, "No prior conviction for offenses I listed in paragraph number one."

Barfoot said that SB156 "Would sunset in five years."

Senator Chris Elliott (R-Josephine) asked, "Is there supervision when these people are released?"

"No there is not," said Barfoot. "It would be in the purview of the sentencing judge or the judge that hearing the petition."

Elliott expressed concerns that if these convicts are released that they will reoffend.

"I am going to have a difference of opinion with you on this one; but I respect you and your opinion," said Elliott.

Barfoot said that this bill has been endorsed by the conservative Alabama Policy Institute, Americans for Prosperity, the Faith and Freedom Coalition, the Christian Coalition, and by former Congressman Spencer Bachus (R-Vestavia).

The Senate rejected SB156 on a 16 to 16 vote.

Later in the session there was a motion to reconsider SB156. That motion passed on a on a vote of 18 to 7. The bill then passed on an 18 to 7.

The controversial legislation now goes to the Alabama House of Representatives for their consideration.