Lawmakers Approve & Governor Signs Legislation to ‘Fix’ Alabama’s Capital Murder Law for Juvenile Offenders

Matt Boster

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Posted by: Matt Boster
Date: Jun 20 2016 8:36 AM

MONTGOMERY, AL – Earlier this month, Gov. Robert Bentley signed HB323, which provides Alabama judges with a second sentencing option when a juvenile is convicted of Capital Murder. The legislation, sponsored by Rep. Jim Hill, a former St. Clair County circuit judge, was in response to recent rulings of the U.S. Supreme Court which prohibit a juvenile from receiving a "mandatory" life-without-parole sentence. The Court said judges must have some discretion when deciding an appropriate sentence.

In 2012, the U.S. Supreme Court decided

Miller v. Alabama (a case from Lawrence County, Ala.) and ruled that "mandatory" life-without-parole sentences were unconstitutional when the killer was under 18 at the time of the crime. Then in January 2016, the Court decided Montgomery v. Louisiana, which made the Miller decision retroactive and applicable to juveniles previously sentenced to "mandatory" life-without-parole.

The other option provided to judges by HB323 is a life sentence, but parole cannot be considered until the offender has served 30 years; however, life-without-parole is still an option in these cases.

Darlene Hutchinson, a volunteer crime victims’ advocate who works on bills that affect public safety and victims’ rights, said HB323 was a relatively non-controversial bill, and only received 6 "no" votes as it passed both chambers. "This legislation was critically important to pass this session," according to Ms. Hutchinson, "but we knew it would be difficult to clear the various hurdles with so much attention focused on BP settlement money, prison construction and other issues. Victims really needed clarity on this issue, as about 70 cases from the past are affected by the newest Court ruling. Potentially, hundreds of family members of murder victims will have to go back to court many years after they thought their cases were settled. Public officials often talk about the mental health issues of inmates, which is a legitimate concern, but rarely does anyone think about the mental health of crime victims and what our justice system does to them – heaped on top of the trauma they experience from the crime alone."

Candy Cheatham, the daughter of Cole Cannon, the murder victim in the

Miller v. Alabama case, responded to news of the bill’s passage: "Although I don’t agree with the U.S. Supreme Court ruling in Miller v. Alabama, which has forced our state to make changes, new legislation was needed to provide guidance to courts and to allow the families of murder victims to move forward with their cases. The passage of HB323 offers a reasonable remedy."

Thanks to a coalition of crime victims and advocates from around Alabama who urged legislators to address this important issue, HB323 passed shortly before noon on the final day of the session. Upon the Governor’s signature, the law is now known as Act 2016-360, and is effective immediately.

 

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