Title 12

(a) The Legislature recognizes that a critical need exists in this state for the criminal justice system to more effectively address the number of offenders who have a substance abuse disorder, who suffer from mental illness, or who suffer from a condition related to a veteran’s …

(a)(1) The presiding judge of each judicial circuit may establish an accountability court to appropriately address the identified substance abuse disorder, mental illness, or other issue of the offender as a condition of pretrial release, pretrial diversion, probation, jail, pris…

(a) Anyone receiving drug or substance test results, a screening, an assessment, or other personal medical information shall maintain that information in accordance with federal and state confidentiality laws. (b) An offender shall not be eligible for admission into an accountabi…

(a) The accountability court, when practicable, shall ensure that no agency provide both assessment and treatment services for an accountability court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an of…

(a) Any accountability court in this state may transfer to or accept transfer from any other accountability court in this state and any accountability court, or similar court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any offender…

(a) The Administrative Office of Courts shall adopt policies and procedures regarding best practices in the planning, implementation, and development of accountability courts statewide. (b) AOC shall provide state-level coordination and support for accountability court judges and…

(a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering communication made to or on behalf of the justice or judge in the im…

There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the “commission.” (Act 2000-596, p. 1192, §1.)

Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal rules of procedure, and…

Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and infor…

(a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in t…

(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 sentencin…

(a) The commission shall consist of the following voting members: (1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair. (2…

(a) An advisory council to the commission shall be established to advise and consult the commission on sentencing matters. The advisory council shall be composed of representatives from the various state and non-state agencies and organizations having an interest in or whose oper…

(a) Members of the commission and advisory council shall serve without compensation. (b) Members of the commission and advisory council are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as fol…

(a) The commission shall meet quarterly at the State Capitol or at other places as is deemed necessary or convenient and at other times upon call of the chair. All meetings shall be open to the public. The advisory council shall convene at the discretion of the commission, but in…

The executive committee of the commission shall be composed of the chair and four other members selected by the commission and shall conduct business as authorized by the commission or as permitted in Section 12-25-12. (Act 2000-596, p. 1192, §7.)

The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following: (1) Submit appropriation requests to the Legislature. (2) Ser…

The commission shall have the following responsibilities: (1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purpos…

This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003. (Act 2003-354, p. 948, §1.)

(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 Legisl…

(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 effic…

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 probatio…

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 senten…

(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 sente…

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, a…

(a) For the purposes of this section, the following words 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 recomm…

(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 volun…

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 sha…

(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 th…

(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 war…

As used in this chapter, the following terms have the following meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupat…

(a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court’s determina…

(a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state. (b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of ap…

This chapter does not do any of the following: (1) Provide a basis for invalidating a plea, conviction, or sentence. (2) Provide a cause of action for monetary damages. (3) Affect any of the following: a. The responsibilities imposed by the Alabama Sex Offender Registration and C…

(a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an order of limited relief in the following venues: (1) For a conviction imposed by a circuit court, in the circuit civil court in the county that imposed the convictio…

(a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides. (b) The circuit court shall have original jurisdiction of any petition to obtain an …

(a) An individual who has been convicted in the court of another state or country and has received an order of limited relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an order of limited relief in the circuit civil court in the …

(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances: (1) If the petitioner is serving a custodial sentence with more than six months remaining. (2) If the petitioner is currently charged with a felony. (3) If the pe…

(a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following: (1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limit…

(a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief. The administrative filing fee may n…

(a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expi…