Section 15-22-54.1 - Resentencing(a) Any person now serving a prison sentence based on revocation of probation who would have been an eligible offender as defined in Section 15-22-54 at the time of revocation shall be entitled to be resentenced upon petition to the sentencing court. Such petition shall be on a form and filed in the manner prescribed by the Administrative Office of Courts. Petitions shall be considered authorized motions for modification of sentence, assigned a unique identifier by the Administrative Office of Courts, and shall not require payment of a filing fee.(b) The court shall have jurisdiction to resentence the offender in accordance with the terms of this section, upon a showing of the following:(1) The petitioner met all requirements of an eligible offender as defined in Section 15-22-54 at the time of revocation.(2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary only as a result of administrative violations of probation.(3) The petitioner has no disciplinary infractions while serving the sentence in the penitentiary.(4) The petitioner has no pending criminal charges or convictions for a new offense since the time the petitioner was placed on probation.(c) A successive petition shall not be considered by the trial court unless new grounds are raised in the petition. Any successive petition which is not set for a hearing by the court within 30 days after filing is deemed denied by operation of law.Ala. Code § 15-22-54.1 (1975)
Act 2010-753, p. 1905, §2; Act 2011-696, §1.