reglab/housing_qa huggingface dataset:
AL Code § 12-25-8 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 1 - General Provisions.|Section 12-25-8 - Powers.

Section 12-25-8Powers. The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following: (1) Submit appropriation requests to the Legislature. (2) Serve as an agency to apply for and receive grants, donations, or other monies from public or private sources and to coordinate and conduct studies in connection with any of its purposes and functions. (3) Enter into and perform contracts, leases, cooperative agreements, and other transactions as may be necessary to fulfill the responsibilities of the commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization. (4) Accept voluntary and uncompensated services. (5) Request information, data, and reports from any Alabama agency or judicial officer as the commission may from time to time require and as may be produced consistent with other law. (6) Hold hearings, conduct fact finding tours, and call witnesses to assist the commission in fulfilling its responsibilities. (7) Perform other functions as may be necessary to carry out this article. (Act 2000-596, p. 1192, §8.)
AL Code § 12-25-9 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 1 - General Provisions.|Section 12-25-9 - Duties.

Section 12-25-9Duties.  The commission shall have the following responsibilities: (1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objectives of this article. (2) To review the overcrowding problem in county jails, with particular emphasis on funding for the county jails and the proper removal of state prisoners from county jails pursuant to state law and state and federal court orders, and to make recommendations for resolution of these issues to the Governor, Legislature, Attorney General, and Judicial System Study Commission before the 2002 Regular Legislative Session. (3) To make recommendations to the Governor, Legislature, Attorney General, and Judicial System Study Commission concerning the enactment of laws relating to criminal offenses, sentencing, and correctional or probation matters. (4) To publish an annual report and other reports as the chair deems necessary. (5) To serve as a clearinghouse for the collection, preparation, and dissemination of information on sentencing practices. (6) To maintain and make available for public inspection records of actions taken by the commission. (Act 2000-596, p. 1192, §9.)
AL Code § 12-25-10 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 1 - General Provisions.|Section 12-25-10 - Comprehensive Discretionary Sentencing Plan.

Section 12-25-10Comprehensive discretionary sentencing plan.  Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish a comprehensive discretionary sentencing plan for all felony offenses consistent with the purposes and objectives of this article. (Act 2000-596, p. 1192, §10; Act 2002-503, p. 1304, §1.)
AL Code § 12-25-11 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 1 - General Provisions.|Section 12-25-11 - Cooperation With Commission.

Section 12-25-11Cooperation with commission. Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the commission in the execution of its functions without cost to the commission. The commission shall have access to all offender records maintained by other state departments and agencies, including, but not limited to, the Department of Corrections, the Board of Pardons and Paroles, the Administrative Office of Courts, and the Alabama Criminal Justice Information Center. All offender information received by the commission shall remain subject to the confidentiality requirements of the department or agency providing the information. The commission, however, may release non-identifying offender information for statistical and analysis purposes. When possible, information shall be provided to the commission electronically. (Act 2000-596, p. 1192, §11; Act 2002-503, p. 1304, §1.)
AL Code § 12-25-12 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 1 - General Provisions.|Section 12-25-12 - Director; Employees.

Section 12-25-12Director; employees. (a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in the same manner as employees of the Supreme Court. (b) The executive committee of the commission may employ and fix the compensation of consultants and experts to assist the commission as may be necessary to carry out its responsibilities. (Act 2000-596, p. 1192, §12.)
AL Code § 12-25-30 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-30 - Short Title.

Section 12-25-30Short title. This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003. (Act 2003-354, p. 948, §1.)
AL Code § 12-25-31 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-31 - Statement of Purpose.

Section 12-25-31Statement of purpose. (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.)
AL Code § 12-25-31.1 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-31.1 - Legislative Findings.

Section 12-25-31.1Legislative findings. (a) The Legislature finds the Alabama Sentencing Commission has followed the directives of the Legislature in this article, to develop and recommend to the Legislature a discretionary sentencing structure designed to protect public safety by providing a fair, effective, and efficient criminal sentencing system for this state by doing all of the following: (1) By developing a system of statewide voluntary sentencing standards and worksheets for use in felony cases for 26 felony offenses representing 87 percent of all felony convictions in Alabama over a five-year period. (2) By taking into account historical sentencing data concerning time imposed and other factors that, after analysis of historical data, appear to be relevant in determining both the duration and disposition of sentences in the applicable felony cases. (3) By basing the voluntary sentencing standards on historical sentencing practices adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure and Section 12-25-31. (b) The Legislature further recognizes that the development of voluntary sentencing standards by the commission is and should be a continuous process and the commission has been directed to continue the development of the voluntary sentencing standards recommendations by collecting and analyzing sentencing data and incorporating a continuum of punishment options, as required by subdivision (1) of Section 12-25-33, and by identifying, testing, and recommending modifications of the initial voluntary sentencing standards and worksheets as may be necessary to accomplish the purposes and goals set out in this article and Rule 26 of the Alabama Rules of Criminal Procedure. (Act 2006-312, p. 663, §1.)
AL Code § 12-25-34.1 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-34.1 - Approval of the Initial Voluntary Sentencing Standards.

Section 12-25-34.1Approval of the initial voluntary sentencing standards. The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, are approved for implementation effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34 and 12-25-35; provided however, that these standards shall not apply to any sex offense involving a victim under the age of 12. (Act 2006-312, p. 663, §2.)
AL Code § 12-25-35 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-35 - Use of Voluntary Sentencing Standards.

Section 12-25-35Use of voluntary sentencing standards. (a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretion of the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his or her attorney, present a completed appropriate voluntary sentencing standards worksheet to the sentencing judge for consideration. (b) The trial court shall review the sentencing standards worksheet and consider the suitability of the applicable voluntary sentencing standards established pursuant to this article. In imposing sentence, the court shall indicate on 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, and sentences outside the voluntary sentencing standards in accordance with existing law, the court may provide a brief written reason for the departure. Neither the departure nor the reason stated for the departure shall be subject to appellate review but shall be supplied to the commission for future consideration concerning modification 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 subject to 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 was disposed shall forward a copy of the sentencing order or orders, a copy of the voluntary sentencing standards worksheets prepared in the case, and a copy of any departure explanation to the commission within 45 days after 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 of this section in the prescribed manner, shall not be reviewable on appeal or the basis of any other post-conviction relief. (Act 2003-354, p. 948, §6.)
AL Code § 12-25-36 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-36 - Sentencing Under the Voluntary Truth-in-Sentencing Standards.

Section 12-25-36Sentencing under the voluntary truth-in-sentencing standards. This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in-sentencing standards, all of the following rules shall apply: (1) Sentences imposed based on voluntary truth-in-sentencing standards pursuant to this article shall not be subject to any other provision of law concerning the duration of sentence. (2) Sentences imposed based on the voluntary truth-in-sentencing standards shall include both a minimum and an extended term of sentence including a period of post-release supervision. The minimum sentence and the extended sentence shall be specified in the judgment of the court for those sentences that are imposed in compliance with the voluntary truth-in-sentencing standards. Sentence dispositions may include active incarceration, intermediate punishment, unsupervised probation, or a minimum punishment as specified in the voluntary truth-in-sentencing standards. (3) The minimum term of sentence shall be consistent with the sentence range recommended in the voluntary truth-in-sentencing standards for the worksheet score of an offender. No offender sentenced to incarceration may be released from incarceration before the expiration date of the minimum term of sentence. (4) The extended term of sentence shall be a period of time equal to 120 percent of the minimum term, rounded to the next highest month, plus a one-year period of post-release supervision. (5) The amount of time an offender shall be incarcerated on the extended term of sentence shall be determined by the Department of Corrections pursuant to rules and regulations established by the Department of Corrections governing an offender's conduct after conviction and sentence. (6) No sentence of active incarceration may be suspended. (7) For any disposition of sentence less than active incarceration as defined in paragraph a. of subdivision (2) of Section 12-25-32, the court shall retain jurisdiction to modify sentence disposition of sentence. (Act 2003-354, p. 948, §7; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1.)
AL Code § 12-25-37 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 25 - Alabama Sentencing Commission.|Article 2 - Alabama Sentencing Reform Act of 2003.|Section 12-25-37 - Post-Release Supervision.

Section 12-25-37Post-release supervision. (a) An offender sentenced based on the voluntary truth-in-sentencing standards is released from incarceration to post-release supervision on the date equivalent to the expiration of the minimum term of sentence plus any additional time added by the Department of Corrections on the offender's extended term of sentence. In no event, however, shall an offender's initial release date be later than the date equivalent to the extended term less the time equivalent to the period of post-release supervision. (b) An offender may not refuse post-release supervision. (c) An offender whose offense was committed after the effective date of the voluntary truth-in-sentencing standards but whose sentence of active incarceration was a departure from the standards, shall be released to post-release supervision one year prior to the date calculated as the end of the offender’s sentence. (d) Before an offender is released to post-release supervision, the Board of Pardons and Paroles shall design a release plan to reintegrate the offender into society and to further hold the offender accountable for his or her offense by collecting restitution and other court indebtedness. (e) Post-release supervision shall be provided by probation and parole officers or other officers designated by the Board of Pardons and Paroles. (Act 2003-354, p. 948, §9.)
AL Code § 13A-2-1 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 2 - Principles of Criminal Liability.|Article 1 - Culpability.|Section 13A-2-1 - Definitions - Generally.

Section 13A-2-1Definitions - Generally. The following definitions apply to this Criminal Code:  (1) ACT. A bodily movement, and such term includes possession of property. (2) VOLUNTARY ACT. An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient time to have been able to terminate it. (3) OMISSION. A failure to perform an act as to which a duty of performance is imposed by law. (4) CONDUCT. An act or omission and its accompanying mental state. (5) TO ACT. Either to perform an act or to omit to perform an act. (6) CULPABLE MENTAL STATE. Such term means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence," as these terms are defined in Section 13A-2-2. (Acts 1977, No. 607, p. 812, §301.)
AL Code § 13A-2-2 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 2 - Principles of Criminal Liability.|Article 1 - Culpability.|Section 13A-2-2 - Definitions - Definitions of Culpable Mental State.

Section 13A-2-2Definitions - Definitions of culpable mental state. The following definitions apply to this Criminal Code: (1) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct. (2) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists. (3) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto. (4) CRIMINAL NEGLIGENCE. A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider statutes or ordinances regulating the defendant's conduct as bearing upon the question of criminal negligence. (Acts 1977, No. 607, p. 812, §305.)
AL Code § 13A-2-3 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 2 - Principles of Criminal Liability.|Article 1 - Culpability.|Section 13A-2-3 - Requirements for Criminal Liability in General and for Offenses of Strict Liability and of Mental Culpability.

Section 13A-2-3Requirements for criminal liability in general and for offenses of strict liability and of mental culpability. The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of "strict liability." If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of "mental culpability." (Acts 1977, No. 607, p. 812, §310.)
AL Code § 13A-2-4 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 2 - Principles of Criminal Liability.|Article 1 - Culpability.|Section 13A-2-4 - Construction of Statutes With Respect to Culpability Requirements.

Section 13A-2-4Construction of statutes with respect to culpability requirements. (a) When a statute defining an offense prescribes as an element thereof a specified culpable mental state, such mental state is presumed to apply to every element of the offense unless the context thereof indicates to the contrary. (b) Although no culpable mental state is expressly designated in a statute defining an offense, an appropriate culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, states a crime of mental culpability. (c) If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly and intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally. (Acts 1977, No. 607, p. 812, §315.)
AL Code § 13A-2-5 (2021)
2021 Code of Alabama|Title 13A - Criminal Code.|Chapter 2 - Principles of Criminal Liability.|Article 1 - Culpability.|Section 13A-2-5 - Causal Relationship Between Conduct and Results; Relationship to Mental Culpability.

Section 13A-2-5Causal relationship between conduct and results; relationship to mental culpability. (a) A person is criminally liable if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was sufficient to produce the result and the conduct of the actor clearly insufficient. (b) A person is nevertheless criminally liable for causing a result if the only difference between what actually occurred and what he intended, contemplated or risked is that: (1) A different person or property was injured, harmed or affected; or (2) A less serious or less extensive injury or harm occurred. (c) When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct. (Acts 1977, No. 607, p. 812, §320.)