(a) For the purposes of this section, the following words have the following meanings:
(1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation for an offense. Aggravating factors may result in dispositional or sentence range departures, or both, and shall be stated on the record by the court.
(2) DEPARTURE. A sentence that departs from the presumptive sentence recommendation for an offender.
(3) DISPOSITION. The part of the sentencing courts presumptive sentence recommendation other than sentence length.
(4) DISPOSITIONAL DEPARTURE. A sentence that departs from the presumptive sentence recommendation for disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence below the presumptive sentence recommendation for an offense. Mitigating factors may result in disposition or sentence range departures, or both, and shall be stated on the record by the court.
(6) NONVIOLENT OFFENSES. As defined in Section 12-25-32.
(7) PRESUMPTIVE SENTENCE RECOMMENDATION. The recommended sentence range and disposition provided in the sentencing standards.
(8) SENTENCE RANGE. The sentencing court’s discretionary range of length of sentence as provided and recommended in the presumptive sentencing recommendation.
(9) SENTENCE RANGE DEPARTURE. A sentence that departs from the presumptive sentence recommendation as to the sentence range.
(10) VIOLENT OFFENSES. As defined in Section 12-25-32.
(b)(1) The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the modification adopted by the Alabama Sentencing Commission become effective October 1, 2013. The standards shall be applied by the courts in sentencing subject to departures as provided herein. To accomplish this purpose as to the existing initial voluntary sentencing standards, the Alabama Sentencing Commission shall adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement this provision including, but not limited to, defining aggravating and mitigating factors that allow for departure from the presumptive sentencing recommendations. The commission’s modifications shall be presented to the Legislature in the commission’s annual report within the first five legislative days of the 2013 Regular Session.
(2) The Alabama Sentencing Commission shall immediately adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement Act 2023-461. The amendatory provisions of Act 2023-461 shall supersede any standards, worksheets, and instructions of the commission that are in conflict with these amendatory provisions.
(c) Durational and dispositional departures from the presumptive sentencing standards shall be subject to appellate review. Along with the modifications provided for in subsection (b), the Alabama Sentencing Commission shall recommend a narrowly defined scope of appellate review applicable to departures from presumptive sentencing recommendations. The scope of appellate review shall become effective upon approval by an act of the Legislature enacted by bill.
(Act 2012-473, p. 1304, §2; Act 2023-461, §1.)
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 2014–2026 · leading case:
Hyde v. State, 185 So. 3d 501 (Ala. Crim. App. 2015).
Hyde v. State, 185 So. 3d 501 (Ala. Crim. App. 2015).
· cites it 7× “Christy Westbrook Hyde appeals the circuit court’s decision to depart from the non-prison dispositional recommendation of the presumptive sentencing standards (“the presumptive standards”), see § 12-25-34.2, Ala.Code 1975, and, instead, to sentence her to prison.”
Clark v. State, 166 So. 3d 147 (Ala. Crim. App. 2014).
· cites it 5× “In 2012, the legislature enacted § 12-25-34.2, Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Snow v. State, 197 So. 3d 549 (Ala. Crim. App. 2015).
· cites it 2× ““In 2012, the legislature enacted § 12-25-34.2, Ala.Code 1975, effective *555 May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Hall v. State, 266 So. 3d 759 (Ala. Crim. App. 2016).
“On appeal, Hall, who does not dispute the facts of his case, raises two claims-that he was denied the effective assistance of trial counsel and that the trial court, when it sentenced him, erroneously departed from the presumptive sentencing standards, see § 12-25-34.2, Ala.Code…”
Hall v. State, 266 So. 3d 759 (Ala. Crim. App. 2016).
“On appeal, Hall, who does not dispute the facts of his case, raises two claims-that he was denied the effective assistance of trial counsel and that the trial court, when it sentenced him, erroneously departed from the presumptive sentencing standards, see § 12-25-34.2, Ala.Code…”
Showers v. State, 256 So. 3d 124 (Ala. Crim. App. 2017).
“1 See § 12-25-34.2, Ala. Code 1975. See also Hyde v.”
Oliver v. State, 196 So. 3d 1235 (Ala. Crim. App. 2014).
· cites it 3× ““In 2012, the Legislature enacted § 12-25-34.2,- Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Oliver v. State, 196 So. 3d 1233 (Ala. Crim. App. 2014).
· cites it 2× ““In 2012, the Legislature enacted § 12-25-34.2, Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Senica Gerard Parker v. State of Alabama (Ala. Crim. App. 2026).
“"), and § 12-25-34.2(a)(2), (4), and (9), Ala. Code 1975 (defining "departure" as "[a] sentence that departs from the presumptive sentence recommendation," "dispositional departure" as "[a] sentence that departs from the presumptive sentence recommendation for disposition of…”
Herring v. State, 185 So. 3d 492 (Ala. Crim. App. 2014).
“” Section 12-25-34.2(b), Ala.Code 1975, provides, in pertinent part: “The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the…”
— Ala. Code § 12-25-34.2(a)(2) — 1 case
Senica Gerard Parker v. State of Alabama (Ala. Crim. App. 2026).
“"), and § 12-25-34.2(a)(2), (4), and (9), Ala. Code 1975 (defining "departure" as "[a] sentence that departs from the presumptive sentence recommendation," "dispositional departure" as "[a] sentence that departs from the presumptive sentence recommendation for disposition of…”
— Ala. Code § 12-25-34.2(b) — 5 cases
Clark v. State, 166 So. 3d 147 (Ala. Crim. App. 2014).
“In 2012, the legislature enacted § 12-25-34.2, Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Hyde v. State, 185 So. 3d 501 (Ala. Crim. App. 2015).
“Christy Westbrook Hyde appeals the circuit court’s decision to depart from the non-prison dispositional recommendation of the presumptive sentencing standards (“the presumptive standards”), see § 12-25-34.2, Ala.Code 1975, and, instead, to sentence her to prison.”
Snow v. State, 197 So. 3d 549 (Ala. Crim. App. 2015).
““In 2012, the legislature enacted § 12-25-34.2, Ala.Code 1975, effective *555 May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Herring v. State, 185 So. 3d 492 (Ala. Crim. App. 2014).
“” Section 12-25-34.2(b), Ala.Code 1975, provides, in pertinent part: “The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the…”
Oliver v. State, 196 So. 3d 1235 (Ala. Crim. App. 2014).
““In 2012, the Legislature enacted § 12-25-34.2,- Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
— Ala. Code § 12-25-34.2(c) — 4 cases
Hyde v. State, 185 So. 3d 501 (Ala. Crim. App. 2015).
“Christy Westbrook Hyde appeals the circuit court’s decision to depart from the non-prison dispositional recommendation of the presumptive sentencing standards (“the presumptive standards”), see § 12-25-34.2, Ala.Code 1975, and, instead, to sentence her to prison.”
Oliver v. State, 196 So. 3d 1233 (Ala. Crim. App. 2014).
““In 2012, the Legislature enacted § 12-25-34.2, Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
Oliver v. State, 196 So. 3d 1235 (Ala. Crim. App. 2014).
““In 2012, the Legislature enacted § 12-25-34.2,- Ala.Code 1975, effective May 15, 2012, to implement presumptive sentencing standards in place of the voluntary sentencing standards.”
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