SB386 Alabama 2012 Session

Sponsors

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)

Description

<p class="bill_description"> Under existing law, voluntary sentencing standards for certain criminal offenders were submitted to the Legislature by the Sentencing Commission and approved by act of the Legislature</p><p class="bill_description"> Any modifications to the sentencing standards are required to be submitted by the Sentencing Commission to the Legislature and approved by act of the Legislature</p><p class="bill_description"> Also under existing law, the Sentencing Commission was charged with developing and presenting voluntary truth-in-sentencing standards to the Legislature for introduction and consideration by the Legislature during the 2011 Regular Session. Truth-in-sentencing standards have not been enacted</p><p class="bill_description"> This bill would provide for an additional district attorney and an additional victim of a violent felony to be added as voting members of the commission</p><p class="bill_description"> This bill would provide that the annual report of the Sentencing Commission would be required to be submitted to the Legislature within the first five legislative days of each regular session. Any recommendations for modifications to the voluntary sentencing standards in the annual report would become effective unless the Legislature by act rejects the modifications</p><p class="bill_description"> This bill would provide that the voluntary truth-in-sentencing standards would be required to be submitted to the Legislature in the 2020 Regular Session</p><p class="bill_description"> This bill would provide that the sentencing standards for specified offenses shall become presumptive effective October 1, 2013, subject to departures from the standards based on aggravating and mitigating circumstances and would direct the Sentencing Commission to adopt modifications and to recommend a standard of appellate review necessary to implement this provision</p><p class="bill_entitled_an_act"> To amend Sections 12-25-3, 12-25-34, and 12-25-36, Code of Alabama 1975, relating to the Sentencing Commission; to provide for membership of the commission; to delay the presentation of truth-in-sentencing standards for legislative consideration; to require the annual report of the commission to be submitted to the Legislature within the first five legislative days of each regular session; to provide that the recommendations for modifications of the voluntary sentencing standards for nonviolent offenders be presented in the commission's annual report would become effective unless the Legislature by act rejects the recommended modifications; and to further provide for presumptive sentencing standards for specified offenses with certain exceptions. </p>

Subjects

Crimes and Offenses