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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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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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12-25-32
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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12-25-38
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 may cause the offender
to be arrested for violating any of the conditions of post-release supervision. (c) Any probation
officer, police officer, or other officer with power of arrest, when requested by the probation
officer or other supervising officer, may arrest an offender under post-release supervision
without a warrant. To arrest the offender without a warrant, the arresting officer shall have
a written statement by the probation officer or other supervising officer declaring that the
offender under post-release supervision, in his or her judgment, has violated the conditions
of post-release supervision. The statement shall be...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State
Law Enforcement Agency shall implement a system of active and passive electronic monitoring
that identifies the location of a monitored person and that can produce upon request reports
or records of the person's presence near or within a crime scene or prohibited area, the person's
departure from specified geographic limitations, or curfew violations by the offender. The
Director of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary
to implement and administer this system of active electronic monitoring including establishing
policies and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures,
etc.; notice of board action. (a) In all cases, except treason and impeachment and cases in
which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have
the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the
following members or their designees: a. The drug court judge, who shall serve as chair. b.
The district attorney. c. The public defender or a member of the criminal defense bar. d.
The drug court coordinator. e. The court clerk. f. A community corrections or court referral
officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance
abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT.
A diagnostic evaluation for placement in a treatment program which shall be performed in accordance
with criteria certified by the Department of Mental Health, Substance Abuse Services Division.
(3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and
coordinated course of substance abuse education and treatment designed to meet...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall
be for a definite term of imprisonment, which imprisonment includes hard labor, within the
following limitations: (1) For a Class A felony, for life or not more than 99 years or less
than 10 years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3)
For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in
accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to
Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5.
(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be
in accordance with subsection (b) of Section 15-18-8. (5) For a Class A felony in which
a firearm or deadly weapon was used or attempted to be used in the commission of the felony,
or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not
less than 20 years. (6) For a...
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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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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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