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 12-25-1 – Created.
Section 12-25-1 Created. There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the “commission.” (Act 2000-596, p. 1192, §1.)
Section 12-25-2 – Purpose.
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and practices appropriate for the state which: (1) Secure the […]
Section 12-25-3 – Membership.
Section 12-25-3 Membership. (a) The commission shall consist of the following voting members: (1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair. (2) The Governor, […]