1 SB296
2 210400-1
3 By Senator Roberts
4 RFD: Judiciary
5 First Read: 03-MAR-21
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1 210400-1:n:02/12/2021:CNB/bm LSA2021-547
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8 SYNOPSIS: Under existing law, a probation officer, the
9 district attorney, or another person appointed by
10 the sentencing judge is required to complete
11 voluntary sentencing standards worksheets.
12 This bill would provide that the district
13 attorney or his or her employee may complete the
14 worksheets.
15
16 A BILL
17 TO BE ENTITLED
18 AN ACT
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20 Relating to sentencing; to amend Section 12-25-35,
21 Code of Alabama 1975, to further clarify who is required to
22 complete voluntary sentencing standards worksheets.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24 Section 1. Section 12-25-35, Code of Alabama 1975,
25 is amended to read as follows:
26 "12-25-35.
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1 "(a)(1) In felony cases, a probation officer, the
2 district attorney, or some other person appointed at the
3 discretion of the sentencing judge an employee of the Board of
4 Pardons and Paroles, and within the time frame set by the
5 judge, shall, after notice to the offender or his or her
6 attorney, present a completed appropriate voluntary sentencing
7 standards worksheet to the sentencing judge for consideration.
8 "(2) The district attorney or his or her employee
9 may complete the appropriate voluntary sentencing standards
10 worksheet for the sentencing judge's consideration.
11 "(b) The trial court shall review the sentencing
12 standards worksheet and consider the suitability of the
13 applicable voluntary sentencing standards established pursuant
14 to this article. In imposing sentence, the court shall
15 indicate on the record that the worksheet and applicable
16 sentencing standards have been reviewed and considered.
17 "(c) In any felony case in which the trial court
18 imposes a sentence that departs from the voluntary standards,
19 and sentences outside the voluntary sentencing standards in
20 accordance with existing law, the court may provide a brief
21 written reason for the departure. Neither the departure nor
22 the reason stated for the departure shall be subject to
23 appellate review but shall be supplied to the commission for
24 future consideration concerning modification of the voluntary
25 sentencing standards and for statistical purposes only.
26 "(d) Copies of the voluntary sentencing standards
27 worksheets, prepared pursuant to this article, shall be
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1 subject to the same distribution requirements as presentence
2 investigation reports.
3 "(e) Following the imposition of a sentence in a
4 felony case, the clerk of the court in which the case was
5 disposed shall forward a copy of the sentencing order or
6 orders, a copy of the voluntary sentencing standards
7 worksheets prepared in the case, and a copy of any departure
8 explanation to the commission within 45 days after the
9 imposition of sentence.
10 "(f) Failure to follow any or all of the provisions
11 of this section, or failure to follow any or all of the
12 provisions of this section in the prescribed manner, shall not
13 be reviewable on appeal or the basis of any other
14 post-conviction relief."
15 Section 2. This act shall become effective on the
16 first day of the third month following its passage and
17 approval by the Governor, or its otherwise becoming law.
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Statutes affected:
Introduced: 12-25-35