Update on Alabama Youthful Offender Legislation
During the 2025 legislative session, R-Killen State Assemblyman Philip Petus introduced a bill aimed at preventing Alabama judges from granting youthful offender status to individuals over 16 who are charged with murder. Although the bill was discussed, it ultimately did not pass in the House of Representatives before the session concluded. Now, Petus is revising this legislation for the upcoming 2026 session.
The new version, referred to as House Bill 11, stipulates that residents of Alabama who are charged with murder or capital murder at age 16 or older must be treated as adults throughout the legal process.
While the language in HB11 is similar to Petus’s previous efforts, it features an updated provision specifying that “individuals will not qualify for youthful offender status if they face initial charges of capital murder.” However, even with this clarification, critics worry that HB11 may encounter the same backlash as seen in prior proposals, such as House Bill 146. The concern revolves around limiting judicial discretion.
Former Circuit Judge Jim Hill, who now serves as president of R-District 50, expressed his reservations about the bill. “I oppose removing judicial discretion,” he stated, emphasizing that judges should not be making laws from the bench.
Similarly, Prince Chestnut, president of D-Selma, noted, “I think we’re heading down a dangerous path if we strip judges of their discretion. It could result in uniform, ‘cookie-cutter’ justice, which isn’t beneficial for defendants or victims alike.”
According to Alabama’s Youthful Criminal Law, individuals granted youthful offender status benefit from certain protections regarding their records and are not formally convicted of felonies or misdemeanors.
Currently, young offenders who plead guilty to a felony can face up to three years in Alabama’s prison system. Judges also have the authority to deny youthful offender status if the crimes committed are considered particularly egregious, such as murder.
