HB596 Alabama 2011 Session

Summary

Primary Sponsor

Daniel H. Boman

Republican

Session

Regular Session 2011

Title

Criminal sentencing, voluntary sentencing standards of Sentencing Commission as adopted January 7, 2011, approved, trial judge to initial final worksheet

Description

Under existing law, the Alabama Sentencing Commission adopted and the Legislature approved the implementation of voluntary sentencing standards for 26 felony offenses and charged the Alabama Sentencing Commission with continued study and analysis of sentencing practices. The standards became effective on October 1, 2006.

This bill approves the voluntary sentencing standards and the accompanying instructions and worksheets with modifications as adopted by the Alabama Sentencing Commission on January 7, 2011, and as filed with the Clerk of the Alabama Supreme Court and clerks of the Alabama Senate and House of Representatives. The modifications include adding attempts, conspiracies and solicitations to commit murder and certain drug offenses as covered offenses under the standards and provide recommended sentence ranges and dispositions when a court sentences a defendant convicted of a felony offense covered by the standards in lieu of the wider ranges under existing statutory law. The modifications also clarify the worksheet instructions to carry out the original intent of sentencing standards.

Also, under existing law, the final worksheets considered by the trial judge prior to sentencing are required to be given to the circuit clerk to forward copies to the Alabama Sentencing Commission along with a copy of the final sentencing order in each covered case.

This bill would require the final worksheets considered by the trial judge to be initialed or signed by the judge and made a part of the record in the case.

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Subjects

Sentencing Commission