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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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12-25-34.2
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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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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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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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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12-25-2
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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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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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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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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