Section 12-25-12 – Director; Employees.
Section 12-25-12 Director; employees. (a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in the same manner as employees of […]
Section 12-26-4 – Petition for Order of Limited Relief – Federal Conviction.
Section 12-26-4 Petition for order of limited relief – Federal conviction. (a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides. (b) The circuit court shall have original jurisdiction of any […]
Section 12-25-30 – Short Title.
Section 12-25-30 Short title. This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003. (Act 2003-354, p. 948, §1.)
Section 12-26-5 – Petition for Order of Limited Relief – Conviction Outside State.
Section 12-26-5 Petition for order of limited relief – Conviction outside state. (a) An individual who has been convicted in the court of another state or country and has received an order of limited relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an order of limited relief […]
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 […]