|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-37.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-36.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-38.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-20.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-36.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-2.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-6.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-34.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-4.htm - 9K - Match Info - Similar pages
|