Presumptive and Voluntary Sentencing Standards Manual 2019

By ALABAMA SENTENCING COMMISSION

Use of voluntary sentencing standards.(a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretionof the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his orher attorney, present a completed appropriate voluntary sentencing standards worksheet to the sentencingjudge for consideration.(b) The trial court shall review the sentencing standards worksheet and consider the suitability of the applicablevoluntary sentencing standards established pursuant to this article. In imposing sentence, the court shall indicateon the record that the worksheet and applicable sentencing standards have been reviewed and considered.(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary standards, andsentences outside the voluntary sentencing standards in accordance with existing law, the court may provide abrief written reason for the departure. Neither the departure nor the reason stated for the departure shall besubject to appellate review but shall be supplied to the commission for future consideration concerningmodification of the voluntary sentencing standards and for statistical purposes only.(d) Copies of the voluntary sentencing standards worksheets, prepared pursuant to this article, shall be subjectto the same distribution requirements as presentence investigation reports.(e) Following the imposition of a sentence in a felony case, the clerk of the court in which the case wasdisposed shall forward a copy of the sentencing order or orders, a copy of the voluntary sentencing standardsworksheets prepared in the case, and a copy of any departure explanation to the commission within 45 daysafter the imposition of sentence.(f) Failure to follow any or all of the provisions of this section, or failure to follow any or all of the provisions ofthis section in the prescribed manner, shall not be reviewable on appeal or the basis of any other post-convictionrelief.

• Format: Paperback
• Language: English
• ISBN: 1690057963
• ISBN13: 9781690057963
• Release Date: September 2019
• Publisher: Independently Published
• Length: 86 Pages
• Weight: 0.36 lbs.
• Dimensions: 0.2" x 7.0" x 10.0"