Sen. Will Barfoot, R-Pike Road, presents SB 156, which would allow some people serving life in prison a chance to have their sentences reviewed, to the Senate floor on March 18, 2025. (Alander Rocha/Alabama Reflector)
After almost dying on the Senate floor, the Alabama Senate Tuesday passed a bill to allow some people serving life in prison a chance to have their sentences reviewed.
A majority of Senate Republicans initially sank the bill on a 16-16 vote, but after nearly two hours of uncertainty, the bill returned for a second vote and passed 17-8. Sen. David Sessions, R-Grand Bay, who voted against it, made a motion to reconsider the legislation, which is also known as “The Second Chance Act.”
“When the vote was tied at 16-16, there was a motion to reconsider an hour or two later, and during that time, we had an opportunity to talk to different members and address concerns or questions that they may have had, what the bill actually did, and some misconceptions that were put out there,” said Sen. Will Barfoot, R-Pike Road, the bill’s sponsor, after the Senate adjourned.
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SB 156 would give some people sentenced to life in prison under the state’s Habitual Offender Law before May 26, 2000, to have their sentences reviewed. Those convicted of homicides, sexually-based or violent offenses would not be eligible.
Alabama in 1977 passed the Habitual Felony Offender Act, which enhanced penalties for those convicted of felonies who had previously served time for felony convictions. The legislation played a significant role in the state’s current prison overcrowding crisis. The Legislature revised the law in 2000 to offer judges more discretion in sentencing people with prior felony convictions.
Rep. Chris England, D-Tuscaloosa, has sponsored a similar bill since the 2021 legislative session. His legislation reached the House floor last year for the first time, but House Republicans killed the bill on a procedural vote. It passed the House the year before, but the Senate never considered it.
Barfoot said there were misconceptions from members on what the bill would achieve, saying that some members thought a much larger population would have their sentences reviewed. He said that an estimated 150-200 inmates could benefit from having their sentences reduced.
Sen. Chris Elliot, R-Josephine, asked what would happen if someone who was convicted under Habitual Offender Law “habitually offends again,” and asked, “Is there an automatic go back to jail?”
Barfoot said there was that if a judge reduced a sentence and the individual was granted probation, “the laws of the state of Alabama would apply.”
Gov. Kay Ivey in her State of the State speech endorsed the legislation as part of a legislative package cracking down on violent crime. After the Senate’s passage, Ivey praised its passage on X, formerly known as Twitter.
“It restores a chance at parole eligibility for a narrow category of inmates currently ineligible simply because of the date they were sentenced,” Ivey posted.
The bill now moves to the House for consideration.
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