Section 12-25-34.1 – Approval of the Initial Voluntary Sentencing Standards.
Section 12-25-34.1 Approval of the initial voluntary sentencing standards. The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, are approved for […]
Section 12-26-11 – Form; Annual Report.
Section 12-26-11 Form; annual report. (a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state. (b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an order […]
Section 12-25-34.2 – Presumptive Sentencing Standards.
Section 12-25-34.2 Presumptive sentencing standards. (a) For the purposes of this section, the following words shall have the following meanings: (1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation for an offense. Aggravating factors may result in dispositional or […]
Section 12-25-35 – Use of Voluntary Sentencing Standards.
Section 12-25-35 Use of voluntary sentencing standards. (a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretion of the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his or her attorney, present a completed appropriate voluntary sentencing […]
Section 12-25-36 – Sentencing Under the Voluntary Truth-in-Sentencing Standards.
Section 12-25-36 Sentencing under the voluntary truth-in-sentencing standards. This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in-sentencing standards, all of the following rules shall apply: (1) Sentences imposed based on voluntary truth-in-sentencing […]
Section 12-25-37 – Post-Release Supervision.
Section 12-25-37 Post-release supervision. (a) An offender sentenced based on the voluntary truth-in-sentencing standards is released from incarceration to post-release supervision on the date equivalent to the expiration of the minimum term of sentence plus any additional time added by the Department of Corrections on the offender’s extended term of sentence. In no event, however, […]
Section 12-25-8 – Powers.
Section 12-25-8 Powers. The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following: (1) Submit appropriation requests to the Legislature. (2) Serve as an agency to apply […]
Section 12-25-38 – Revocation of Post-Release Supervision Status.
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail to comply with the conditions of post-release supervision as specified by the Board of Pardons and Paroles may have their release status revoked. (b) At any time during the period of post-release supervision, the Board of Pardons and Paroles may issue a warrant and […]
Section 12-25-9 – Duties.
Section 12-25-9 Duties. The commission shall have the following responsibilities: (1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objectives of this article. (2) To review the overcrowding problem in county […]
Section 12-26-1 – Definitions.
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to […]