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SB386 Alabama 2012 Session

Updated Feb 27, 2026
High Interest

Summary

Primary Sponsor
Cam Ward
Cam Ward
Republican
Session
Regular Session 2012
Title
Criminal sentences, modification of sentencing standard effective after submission unless rejected, truth-in-sentencing standards to be submitted to Legislature, sentencing standards made presumptive subject to modification for certain mitigating and aggravating circumstances, Secs. 12-25-3, 12-25-32, 12-25-34, 12-25-36 am'd. (2012-20412)
Summary

SB386 would create a comprehensive Alabama Sentencing Commission, delay truth-in-sentencing standards until legislative submission, and make presumptive sentencing for nonviolent offenses subject to future legislative modification.

What This Bill Does

The bill establishes a multi-member Sentencing Commission with defined roles and terms, and requires the commission's annual reporting to the Legislature within the first five days of each regular session. It delays presenting truth-in-sentencing standards for legislative consideration and specifies that modifications for nonviolent offenses would take effect unless the Legislature rejects them. It creates presumptive sentencing standards for certain offenses (with exceptions), outlining how sentences should be structured (including minimum and extended terms and post-release supervision) and how modifications are implemented and reviewed by the Legislature.

Who It Affects
  • Nonviolent offenders, whose sentencing would be guided by presumptive standards that could be modified by the Commission and approved by the Legislature, potentially altering their sentences starting Oct 1, 2013.
  • Judges and courts, which would apply the presumptive standards and determine whether to depart from them for aggravating or mitigating factors, while facing new appellate review rules and reliance on commission reports.
Key Provisions
  • Amends Sections 12-25-3, 12-25-32, 12-25-34, and 12-25-36 to define commission membership and structure.
  • Delays the presentation of truth-in-sentencing standards and requires the commission to submit annual reports to the Legislature within the first five days of each regular session.
  • For nonviolent offenses, modifications to the voluntary standards become effective unless rejected by the Legislature; truth-in-sentencing standards would be submitted for legislative approval and become effective upon approval.
  • Establishes presumptive sentencing standards for specified offenses with certain exceptions, including minimum and extended terms and post-release supervision, and allows departures based on aggravating or mitigating factors; includes definitions and appellate review guidelines for departures.
AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Crimes and Offenses

Bill Actions

Delivered to Governor at 11:26 a.m. on May 10, 2012

Assigned Act No. 2012-473.

Signature Requested

Enrolled

Concurred in Second House Amendment

Marsh motion to Concur In and Adopt adopted Roll Call 1274

Concurrence Requested

Motion to Read a Third Time and Pass adopted Roll Call 1420

Motion to Adopt adopted Roll Call 1419

Motion to Adopt adopted Roll Call 1418

Motion to Adopt adopted Roll Call 1417

JUDY 3rd Amendment Offered

JUDY 2nd Amendment Offered

JUDY 1st Amendment Offered

Third Reading Passed

Read for the second time and placed on the calendar 3 amendments

Read for the first time and referred to the House of Representatives committee on Judiciary

Engrossed

Motion to Read a Third Time and Pass adopted Roll Call 396

Ward motion to Adopt adopted Roll Call 395

Judiciary first Substitute Offered

Third Reading Passed

Read for the second time and placed on the calendar with 1 substitute and

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

March 22, 2012 Senate Passed
Yes 28
No 1
Absent 6

Motion to Adopt

May 9, 2012 House Passed
Yes 91
Abstained 2
Absent 12

Motion to Adopt

May 9, 2012 House Passed
Yes 93
Abstained 2
Absent 10

Motion to Adopt

May 9, 2012 House Passed
Yes 96
Abstained 1
Absent 8

Marsh motion to Concur In and Adopt

May 11, 2012 Senate Passed
Yes 31
Abstained 2
Absent 2

Documents

Source: Alabama Legislature