HB33 Alabama 2022 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2022

Title

Sentencing, to further provide for procedures relating to voluntary sentencing standards worksheets, Sec. 12-25-35 am'd.

Summary

HB33 clarifies that in felony cases the district attorney or the district attorney's employee may complete the voluntary sentencing standards worksheet for the judge's consideration.

What This Bill Does

The bill expands who can prepare the voluntary sentencing standards worksheet to include the district attorney or their employee, in addition to probation officers and Parole Board staff. It requires the court to review and consider the worksheet and to note on the record that it has done so. If the court departs from the standards, it may provide a brief written reason (not subject to appellate review) and the departure information is used for the commission's future guidance and statistics.

Who It Affects

• Felony defendants and their attorneys, whose sentencing decisions will be influenced by worksheets prepared and reviewed as part of the process.
• District attorneys and their staff, who gain explicit authority to prepare the voluntary sentencing standards worksheets for the judge's consideration.

Key Provisions

• Section 12-25-35(a)(1): In felony cases, a probation officer, the district attorney, or an employee appointed by the judge (including an employee of the Board of Pardons and Paroles) must present a completed voluntary sentencing standards worksheet to the judge within the time required by the judge.
• Section 12-25-35(a)(2): The district attorney or his or her employee may complete the appropriate voluntary sentencing standards worksheet for the judge's consideration.
• Section 12-25-35(b): The trial court must review the worksheet and consider the applicable voluntary sentencing standards, and indicate on the record that the standards were reviewed.
• Section 12-25-35(c): If the court departs from the standards, it may provide a brief written reason; the departure and reason are not subject to appellate review but are provided to the commission for future modification and statistical use.
• Section 12-25-35(d): Copies of the worksheets must be distributed under the same rules as presentence investigation reports.
• Section 12-25-35(e): After sentencing, the clerk must send the sentencing order, the worksheet, and any departure explanation to the commission within 45 days.
• Section 12-25-35(f): Failure to follow these provisions is not reviewable on appeal or by post-conviction relief.
• Section 2: The act becomes effective on the first day of the third month after it passes and is approved by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sentencing