0 chapters · 1,267 sections in this title.
Ala. Code § 12-25-4 Advisory Council
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(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…
Ala. Code § 12-25-5 Compensation and Expenses
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(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…
Ala. Code § 12-25-6 Meetings
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(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…
Ala. Code § 12-25-7 Executive Committee
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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. History: (Act 2000-596, p. 1192, §7.)
Ala. Code § 12-25-8 Powers
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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…
Ala. Code § 12-25-9 Duties
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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…
Ala. Code § 12-26-1 Definitions
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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…
Ala. Code § 12-26-10 Determination That Petition Filed Under False Pretenses, Etc.; Voiding
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of Order; Revocation of Order. (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 re…
Ala. Code § 12-26-11 Form; Annual Report
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(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…
Ala. Code § 12-26-2 Exclusions
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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…
Ala. Code § 12-26-3 Petition for Order of Limited Relief - State Conviction
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(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…
Ala. Code § 12-26-4 Petition for Order of Limited Relief - Federal Conviction
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(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 …
Ala. Code § 12-26-5 Petition for Order of Limited Relief - Conviction Outside State
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(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 …
Ala. Code § 12-26-6 Petition for Order of Limited Relief - Exceptions
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(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…
Ala. Code § 12-26-7 Petition Requirements; Service; Postsentence Report; Effect of Filing
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(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…
Ala. Code § 12-26-8 Fees; Indigency
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(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…
Ala. Code § 12-26-9 Time of Ruling; Hearing; Scope; Appeal; Negligent Hiring
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(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…