(a) It is essential that Alabama manage its criminal justice system in the manner best able to protect public safety and make the most effective and efficient use of correctional resources. Based on the findings and recommendations of the Alabama Sentencing Commission, the Legislature finds that all of the following are necessary to protect public safety by providing a fair, effective, and efficient criminal justice system:
(1) Voluntary sentencing standards used to guide judicial decision makers in determining the most appropriate sentence for convicted felony offenders.
(2) The abolition of traditional parole and good time credits for convicted felons.
(3) The availability of a continuum of punishment options.
(b) The Legislature further finds, based on the findings and recommendations of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are necessary to best achieve all of the following goals:
(1) Incapacitating through incarceration the most dangerous and violent offenders in the state.
(2) Eliminating unwarranted disparity in sentencing.
(3) Assuring truth-in-sentencing.
(4) Providing the most effective use of correctional resources.
(5) Assuring the greatest opportunity for victim restitution.
(6) Protecting against prison and jail overcrowding.
(7) Maintaining meaningful judicial discretion.
(Act 2003-354, p. 948, §2.)
Notes of Decisions
Cited in
8
cases, 2008–2015 · leading case:
State v. Crittenden, 17 So. 3d 253 (Ala. Crim. App. 2009).
State v. Crittenden, 17 So. 3d 253 (Ala. Crim. App. 2009).
· cites it 2× “The initial voluntary sentencing standards, codified at § 12-25-31 et seq., Ala. Code 1975, became effective on June 20, 2003.”
Hyde v. State, 185 So. 3d 501 (Ala. Crim. App. 2015).
“Before the 2012 amendment, the Alabama Supreme Court explained: “Section 12-25-31(a) states the legislature’s conclusion that the following are necessary for the provision of ‘a fair, effective, and efficient criminal justice system’: “‘(1) Voluntary sentencing standards used to…”
State v. Jones, 13 So. 3d 915 (Ala. 2008).
“Section 12-25-31(a) states the legislature’s conclusion that the following are necessary for the provision of “a fair, effective, and efficient criminal justice system”: “(1) Voluntary sentencing standards used to guide judicial decision makers in determining the most…”
Snow v. State, 197 So. 3d 549 (Ala. Crim. App. 2015).
“See § 12-25-31(a)(1), Ala.Code 1975. At the time the Act was passed, a trial judge had the discretion to sentence a defendant either pursuant to the voluntary sentencing standards or pursuant to the [Habitual Felony Offender Act].”
Walker v. State, 127 So. 3d 437 (Ala. Crim. App. 2012).
· cites it 2× “Code 1975) or the voluntary sentencing standards created following the enactment of the Alabama Sentencing Reform Act of 2003 (§ 12-25-31 et seq., Ala.Code 1975). It was only after Walker was illegally sentenced that his right to appeal from the illegal sentence ripened.”
Oliver v. State, 196 So. 3d 1233 (Ala. Crim. App. 2014).
“See § 12-25-31(a)(1), Ala.Code 1975. At the time the Act was passed, a trial judge had the discretion to sentence a defendant either pursuant to the voluntary sentencing standards or pursuant to the [Habitual Felony Offender Act].”
Oliver v. State, 196 So. 3d 1235 (Ala. Crim. App. 2014).
“See § 12-25-31(a)(1), Ala.Code 1975. At the time the Act was passed, a trial judge had the discretion to sentence a defendant either pursuant to the voluntary sentencing standards or pursuant to the [Habitual Felony Offender Act].”
Ala. Code § 12-25-31(a): 2 cases
Hyde v. State, 185 So. 3d 501 (Ala. Crim. App. 2015).
“Before the 2012 amendment, the Alabama Supreme Court explained: “Section 12-25-31(a) states the legislature’s conclusion that the following are necessary for the provision of ‘a fair, effective, and efficient criminal justice system’: “‘(1) Voluntary sentencing standards used to…”
State v. Jones, 13 So. 3d 915 (Ala. 2008).
“Section 12-25-31(a) states the legislature’s conclusion that the following are necessary for the provision of “a fair, effective, and efficient criminal justice system”: “(1) Voluntary sentencing standards used to guide judicial decision makers in determining the most…”
Ala. Code § 12-25-31(a)(1): 4 cases
Snow v. State, 197 So. 3d 549 (Ala. Crim. App. 2015).
“See § 12-25-31(a)(1), Ala.Code 1975. At the time the Act was passed, a trial judge had the discretion to sentence a defendant either pursuant to the voluntary sentencing standards or pursuant to the [Habitual Felony Offender Act].”
Walker v. State, 127 So. 3d 437 (Ala. Crim. App. 2012).
“Code 1975) or the voluntary sentencing standards created following the enactment of the Alabama Sentencing Reform Act of 2003 (§ 12-25-31 et seq., Ala.Code 1975). It was only after Walker was illegally sentenced that his right to appeal from the illegal sentence ripened.”
Oliver v. State, 196 So. 3d 1233 (Ala. Crim. App. 2014).
“See § 12-25-31(a)(1), Ala.Code 1975. At the time the Act was passed, a trial judge had the discretion to sentence a defendant either pursuant to the voluntary sentencing standards or pursuant to the [Habitual Felony Offender Act].”
Oliver v. State, 196 So. 3d 1235 (Ala. Crim. App. 2014).
“See § 12-25-31(a)(1), Ala.Code 1975. At the time the Act was passed, a trial judge had the discretion to sentence a defendant either pursuant to the voluntary sentencing standards or pursuant to the [Habitual Felony Offender Act].”
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