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12-25-33
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 for various felony offenses, sentences imposed for various felony offenses,
and such other factors as appear historically relevant to determining both the duration and
disposition of sentences in felony cases. The standards shall recognize a continuum of punishments
in recommending the disposition of sentences. (2) Educate judges, prosecutors, defense attorneys,
victim's service officers, community corrections officials, probation officers, and other
personnel, where appropriate, in the use of the voluntary sentencing standards and worksheets.
(3) Develop, distribute, and periodically update sentencing worksheets for...
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12-25-31.1
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 the following: (1) By developing a system of statewide voluntary sentencing
standards and worksheets for use in felony cases for 26 felony offenses representing 87 percent
of all felony convictions in Alabama over a five-year period. (2) By taking into account historical
sentencing data concerning time imposed and other factors that, after analysis of historical
data, appear to be relevant in determining both the duration and disposition of sentences
in the applicable felony cases. (3) By basing the voluntary sentencing standards on historical
sentencing practices adjusted to achieve sentencing goals as...
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12-25-31
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 are necessary
to protect public safety by providing a fair, effective, and efficient criminal justice system:
(1) Voluntary sentencing standards used to guide judicial decision makers in determining the
most appropriate sentence for convicted felony offenders. (2) The abolition of traditional
parole and good time credits for convicted felons. (3) The availability of a continuum of
punishment options. (b) The Legislature further finds, based on the findings and recommendations
of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are
necessary to best achieve all of the following goals: (1)...
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15-18-174
Section 15-18-174 Powers, duties, authority of department. In addition to those otherwise
provided by law, the department shall have the following powers, duties, and authority: (1)
Monitor the community punishment and corrections program within the goals and mandates established
herein. (2) Conduct statewide public education programs concerning the purposes and goals
as established herein and make an annual report to the Prison Oversight Committee of the Legislature
and the Alabama Sentencing Commission regarding the effectiveness of diversion of offenders
from state and local correctional institutions. This annual report should also include data
showing the impact of diversion of offenders by race, gender, and location of the offender.
(3) Provide technical assistance to local governments, authorities and other nonprofit entities
and agencies, and local community punishment and corrections advisory boards regarding development
of a community punishment and corrections program. (4)...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure
Interstate Compact. The Emergency Medical Services Personnel Licensure Interstate Compact
is hereby enacted into law and entered into with all other jurisdictions legally joining therein
in form substantially as follows: SECTION 1. PURPOSE In order to protect the public
through verification of competency and ensure accountability for patient care related activities
all states license emergency medical services (EMS) personnel, such as emergency medical technicians
(EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day
movement of EMS personnel across state boundaries in the performance of their EMS duties as
assigned by an appropriate authority and authorize state EMS offices to afford immediate legal
recognition to EMS personnel licensed in a member state. This Compact recognizes that states
have a vested interest in protecting the public's health and safety...
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12-25-35
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 standards worksheet
to the sentencing judge for consideration. (b) The trial court shall review the sentencing
standards worksheet and consider the suitability of the applicable voluntary sentencing standards
established pursuant to this article. In imposing sentence, the court shall indicate on the
record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary
standards, and sentences outside the voluntary sentencing standards in accordance with existing
law, the court may provide a brief written reason for...
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12-25-34
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 of sentence and disposition of felony offenders in Alabama. The reference
manual shall indicate those types of offenders historically most likely to be sentenced to
punishments other than active incarceration where alternatives to active incarceration are
available. (2) Concurrently with the development and distribution of the reference manual,
the commission shall develop and begin testing worksheets and voluntary sentencing standards
in selected circuits for selected felony offenses. (3) The commission shall develop and present
the initial voluntary sentencing standards to the Legislature before or...
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12-25-32
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 supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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12-25-2
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 public safety of the state by providing a swift and sure response to the commission
of crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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