Alabama § 15-18-8 - Terms of Confinement, Etc.; Probation.

§ 15-18-8. Terms of Confinement, Etc.; Probation.

(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that is a Class A or Class B felony offense, and receives a sentence of 30 years or less, the judge presiding over the case may order:

(1) In cases where the defendant is convicted of a Class A, Class B, Class C, or Class D felony and the imposed sentence is not more than 15 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.

(2) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 15 years but not more than 20 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period of three to five years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.

(3) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 20 years but not more than 30 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a minimum period of 10 years, that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court. The minimum period of confinement provided by this subdivision may not be served in a county jail. Notwithstanding subsection (c), the court shall not suspend or alter the minimum period of confinement ordered.

(b) Probation may not be granted for a sex offense involving a child as defined in Section 15-20A-4 that is a Class A or Class B felony. Otherwise, probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one or more counts or indictments, but, in the absence of express limitation, shall extend to the entire sentence and judgment.

(c) Regardless of whether the defendant has begun serving the minimum period of confinement ordered under subsection (a) or (h), the court shall retain jurisdiction and authority to suspend that portion of the minimum sentence that remains and place the defendant on probation, notwithstanding any provision of the law to the contrary, and the court may revoke or modify any condition of probation or may change the period of probation.

(d) While incarcerated or on probation and among the conditions thereof, the defendant may be required to do any of the following:

(1) Pay a fine in one or several sums.

(2) Make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had.

(3) Provide for the support of any persons for whose support he or she is legally responsible.

(4) Complete an accountability court, including, but not limited to, a drug court, veterans court, mental health court, or theft court.

(e) Except as otherwise provided pursuant to Section 15-18-64, the defendant’s liability for any fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.

(f) During any term of probation, the defendant shall report to the probation authorities at a time and place as directed by the judge imposing the sentence.

(g) No defendant serving a minimum period of confinement ordered under subsection (a) or (h) shall be entitled to parole or to deductions from his or her sentence under the Alabama Correctional Incentive Time Act, during the minimum period of confinement so ordered; provided, however, that this subsection shall not be construed to prohibit application of the Alabama Correctional Incentive Time Act to any period of confinement which may be required after the defendant has served the minimum period.

(h) When a defendant is convicted of a misdemeanor or convicted of a municipal ordinance, the judge presiding over the case may impose a sentence in accordance with Section 13A-5-7. The court may order a portion of the sentence to be suspended and the defendant be placed on probation for a period not exceeding two years.

(i) Nothing in this section shall be construed to impose the responsibility for offenders sentenced to a Department of Corrections facility upon a local confinement facility not operated by the Department of Corrections.