Alabama Law Allows For A Split Sentence As Alternative To Straight Alabama Sentences 
And Fines
Alabama Code § 15-18-8, the Alabama Split Sentence Act, allows Alabama criminal court judges to suspend portions of a criminal defendant’s sentence. Under a split sentence, the judge imposes a limited amount of jail time followed by a period of probation. The jail time that is not served can be imposed, and the defendant made to serve the remainder of his sentence if they violate the conditions of their probation.
For criminal sentences up to 15 years, the judge can order the defendant to serve a split sentence of up to 3 years of jail time followed by the remaining sentence being suspended while the defendant is on probation.
For criminal sentences over 15 years, but not over 20 years, the judge can order the defendant to serve a split sentence of not less than 3 years and not more than 5 years, followed by a period of probation.
The judge has absolute discretion to give or not give a split sentence so long as they abide by the limitations above. However, certain types of Alabama criminal convictions are not eligible for a split sentence. Under Alabama Code § 15-8-8(a) Class A and Class B felony child sex abuse cases are not eligible for a split sentence. Additionally, the sentencing judge retains jurisdiction to change the terms of the split sentence.
The period of probation that the defendant is to serve can be up to the length of the remaining sentence. Under Alabama law, the defendant must be given some term of probation following the period of incarceration. In addition, a defendant who receives a split sentence is not eligible to receive Correctional Incentive Time (“good time”).
Where there are sentence enhancements, the sentencing judge may suspend the additional time imposed by the sentencing enhancement.
Although not strictly defined in the Alabama Code, judges in Alabama have imposed what has become known as “reverse splits” or “reverse split sentences.” Under a reverse split sentence, the defendant is placed on probation for a limited amount of time, then is required to serve the remainder of the sentence. Because the sentencing judge retains jurisdiction over the split sentence, if the defendant abides by the terms and conditions of the probation, the sentencing judge can then suspend the remainder of the sentence. If the defendant fails to make it on probation, the remainder of the sentence is served.
