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 12-25-31 – 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 12-25-31.1 – 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 12-25-32 – 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 12-25-33 – 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 12-25-34 – 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 12-25-34.1 – 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 12-25-34.2 – 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 12-25-38 – 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 […]