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12-25-34.1
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 implementation
effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34
and 12-25-35; provided however, that these standards shall not apply to any sex offense involving
a victim under the age of 12. (Act 2006-312, p. 663, ยง2.)...
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12-25-34.2
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 sentence range departures, or both, and
shall be stated on the record by the court. (2) DEPARTURE. A sentence which departs from the
presumptive sentence recommendation for an offender. (3) DISPOSITION. The part of the sentencing
courts presumptive sentence recommendation other than sentence length. (4) DISPOSITIONAL DEPARTURE.
A sentence which departs from the presumptive sentence recommendation for disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence
whereby the sentencing court may impose a departure sentence...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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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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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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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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12-25-36
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 standards pursuant to this article
shall not be subject to any other provision of law concerning the duration of sentence. (2)
Sentences imposed based on the voluntary truth-in-sentencing standards shall include both
a minimum and an extended term of sentence including a period of post-release supervision.
The minimum sentence and the extended sentence shall be specified in the judgment of the court
for those sentences that are imposed in compliance with the voluntary truth-in-sentencing
standards. Sentence dispositions may include active incarceration,...
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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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12-25-33
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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12-25-37
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, shall an offender's initial release date be later than the date equivalent
to the extended term less the time equivalent to the period of post-release supervision. (b)
An offender may not refuse post-release supervision. (c) An offender whose offense was committed
after the effective date of the voluntary truth-in-sentencing standards but whose sentence
of active incarceration was a departure from the standards, shall be released to post-release
supervision one year prior to the date calculated as the end of the offender's sentence. (d)
Before an offender is released to post-release supervision, the Board of...
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