Section 12-25-31 – Statement of Purpose.
Section 12-25-31 Statement of purpose. (a) It is essential that Alabama manage its criminal justice system in the manner best able to protect public safety and make the most effective and efficient use of correctional resources. Based on the findings and recommendations of the Alabama Sentencing Commission, the Legislature finds that all of the following […]
Section 12-26-6 – Petition for Order of Limited Relief – Exceptions.
Section 12-26-6 Petition for order of limited relief – Exceptions. (a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances: (1) If the petitioner is serving a custodial sentence with more than six months remaining. (2) If the petitioner is currently charged with a […]
Section 12-25-31.1 – Legislative Findings.
Section 12-25-31.1 Legislative findings. (a) The Legislature finds the Alabama Sentencing Commission has followed the directives of the Legislature in this article, to develop and recommend to the Legislature a discretionary sentencing structure designed to protect public safety by providing a fair, effective, and efficient criminal sentencing system for this state by doing all of […]
Section 12-26-7 – Petition Requirements; Service; Postsentence Report; Effect of Filing.
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing. (a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following: (1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to […]
Section 12-25-32 – Definitions.
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of […]
Section 12-26-8 – Fees; Indigency.
Section 12-26-8 Fees; indigency. (a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief. The administrative filing fee may not be […]
Section 12-25-33 – Powers and Duties of Commission.
Section 12-25-33 Powers and duties of commission. To achieve the goals recognized by the Legislature in Chapter 25 and Section 12-25-31, the commission shall: (1) Develop, maintain, and modify as necessary a system of statewide voluntary sentencing standards for use in felony cases which shall take into account historical sentencing data, concerning time actually served […]
Section 12-26-9 – Time of Ruling; Hearing; Scope; Appeal.
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order […]
Section 12-25-34 – Development and Adoption of the Voluntary Sentencing Standards.
Section 12-25-34 Development and adoption of the voluntary sentencing standards. (a) Statewide voluntary sentencing standards shall be developed and presented to the Legislature in stages over a three-year period as follows: (1) By July 31, 2003, the commission shall develop and distribute to all sentencing judges a reference manual analyzing historical sentencing practices by duration […]
Section 12-26-10 – Determination That Petition Filed Under False Pretenses, etc.; Voiding of Order; Revocation of Order.
Section 12-26-10 Determination that petition filed under false pretenses, etc.; voiding of order; revocation of order. (a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 […]