reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-4 - Advisory Council.

Section 12-25-4
Advisory council.
(a) An advisory council to the commission shall be established to advise and consult the commission on sentencing matters. The advisory council shall be composed of representatives from the various state and non-state agencies and organizations having an interest in or whose operations directly or indirectly impact upon the criminal justice system. Membership of the advisory council shall include:
(1) The Director of Public Safety, or his or her designee.
(2) The Director of the Department of Youth Services, or his or her designee.
(3) A sheriff appointed by the Alabama Sheriff's Association.
(4) A police chief appointed by the Alabama Association of Chiefs of Police.
(5) A director of a community corrections program appointed by the Chief Justice.
(6) A representative of a prison ministry organization, who is not employed by the state, appointed by the Commissioner of the Department of Corrections.
(7) A rehabilitated former prison inmate appointed by the Commissioner of the Department of Corrections.
(8) Additional advisory members appointed in the numbers and manner as the commission deems advisable.
(b)(1) Appointed members of the advisory council shall serve terms of four years and may be reappointed. Members of the advisory council who serve because of their public office or position shall serve only as long as they hold the office or position.
(2) A member appointed to fill a vacancy on the advisory council that occurs before the expiration of the term of his or her predecessor shall serve only for the remainder of the term.
(Act 2000-596, p. 1192, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-5 - Compensation and Expenses.

Section 12-25-5
Compensation and expenses.
(a) Members of the commission and advisory council shall serve without compensation.
(b) Members of the commission and advisory council are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as follows:
(1) The expenses of members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature, but in the amounts as if they were performing legislative duties.
(2) The expenses of the members representing state or local government departments or agencies may be paid out of any funds available for travel in their respective departments or agencies.
(3) The expenses of the other members may be paid out of funds available to the commission for travel and shall be reimbursed in accordance with Sections 36-7-20 to 36-7-22, inclusive.
(Act 2000-596, p. 1192, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-6 - Meetings.

Section 12-25-6
Meetings.
(a) The commission shall meet quarterly at the State Capitol or at other places as is deemed necessary or convenient and at other times upon call of the chair. All meetings shall be open to the public. The advisory council shall convene at the discretion of the commission, but in any event shall meet jointly with the commission at least once annually.
(b) A majority of the members of the commission shall constitute a quorum for conducting business.
(c) Except as hereinafter provided, the commission shall act by affirmative vote of a majority of members present and voting.
(d) The commission will keep or cause to be kept a record of all transactions discussed or voted on by the commission.
(Act 2000-596, p. 1192, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-7 - Executive Committee.

Section 12-25-7
Executive committee.
The executive committee of the commission shall be composed of the chair and four other members selected by the commission and shall conduct business as authorized by the commission or as permitted in Section 12-25-12.
(Act 2000-596, p. 1192, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-8 - Powers.

Section 12-25-8
Powers.
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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-9 - Duties.

Section 12-25-9
Duties.
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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-10 - Comprehensive Discretionary Sentencing Plan.

Section 12-25-10
Comprehensive 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-11 - Cooperation With Commission.

Section 12-25-11
Cooperation 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-12 - Director; Employees.

Section 12-25-12
Director; 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.)
2023 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 12-25-30
Short title.
This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003.
(Act 2003-354, p. 948, §1.)
2023 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 12-25-31
Statement 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.)
2023 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 12-25-31.1
Legislative 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.)
2023 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 12-25-34.1
Approval 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.)
2023 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 12-25-35
Use 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.)
2023 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 12-25-36
Sentencing 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.)
2023 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 12-25-37
Post-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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-1 - Definitions.

Section 12-26-1
Definitions.
As used in this chapter, the following terms have the following meanings:
(1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court, or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification Act.
(2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence.
(3) ORDER OF THE LIMITED RELIEF or ORDER. An order concerning an individual convicted of a crime by a court of conviction that relieves the individual from some or all of the collateral consequences associated with that conviction within this state.
(Act 2019-464, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-2 - Exclusions.

Section 12-26-2
Exclusions.
This chapter does not do any of the following:
(1) Provide a basis for invalidating a plea, conviction, or sentence.
(2) Provide a cause of action for monetary damages.
(3) Affect any of the following:
a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act.
b. Any licensure requirements imposed by an interstate compact or other interstate mutual recognition licensure requirements imposed by law to which Alabama is subject, or any licensure requirements imposed by federal law.
c. An attorney's duty to represent a client.
d. A claim or right of the victim of a criminal offense.
e. A right or remedy under law, other than this chapter, available to an individual convicted of a crime.
(Act 2019-464, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-3 - Petition for Order of Limited Relief - State Conviction.

Section 12-26-3
Petition for order of limited relief - State conviction.
(a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an order of limited relief in the following venues:
(1) For a conviction imposed by a circuit court, in the circuit civil court in the county that imposed the conviction.
(2) For a conviction imposed by a district or municipal court, in the circuit civil court in the county where the crime occurred.
(b) An individual who has been convicted in multiple judicial circuits in this state may file a petition to obtain an order of limited relief covering each of his or her criminal convictions in the circuit civil court in any county that imposed one of the convictions.
(c) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a) or (b).
(Act 2019-464, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-4 - Petition for Order of Limited Relief - Federal Conviction.

Section 12-26-4
Petition for order of limited relief - Federal conviction.
(a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.
(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).
(Act 2019-464, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-5 - Petition for Order of Limited Relief - Conviction Outside State.

Section 12-26-5
Petition for order of limited relief - Conviction outside state.
(a) An individual who has been convicted in the court of another state or country and has received an order of limited relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.
(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).
(Act 2019-464, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-6 - Petition for Order of Limited Relief - Exceptions.

Section 12-26-6
Petition for order of limited relief - Exceptions.
(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances:
(1) If the petitioner is serving a custodial sentence with more than six months remaining.
(2) If the petitioner is currently charged with a felony.
(3) If the petitioner is currently charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.
(b) An individual may not file a petition to obtain an order of limited relief if a separate petition covering the same conviction or convictions has been filed in another circuit.
(c) A court's rejection of a petition to obtain an order of limited relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court's discretion.
(Act 2019-464, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-7 - Petition Requirements; Service; Postsentence Report; Effect of Filing.

Section 12-26-7
Petition requirements; service; postsentence report; effect of filing.
(a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following:
(1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited relief.
(2) Whether the petitioner has previously applied for an order of limited relief in any jurisdiction and whether an order has been granted previously.
(3) A list specifying the convictions and collateral consequences to which the order should apply.
(b) Once a petition has been filed, the circuit clerk shall serve the petition on the occupational licensing board, as defined in Section 41-9A-1, or other entity responsible for the collateral consequence that the petitioner is seeking relief from. Once service is made, the court shall review available presentence and other reports on the defendant and may order a postsentence report to be completed by the Board of Pardons and Paroles or by the Commissioner of the Department of Corrections. The postsentence report shall contain information required by the court, which may include, but not be limited to, any of the following:
(1) A statement of the offense or offenses and surrounding circumstances.
(2) A statement of the petitioner's criminal and juvenile record.
(3) A record of previous applications for orders of limited relief.
(4) A statement of the petitioner's medical and psychological history, if available.
(5) A statement of the petitioner's history while under the custody of the Department of Corrections, if any.
(6) Any previous probation or sentencing reports prepared by the Board of Pardons and Paroles.
(c) Upon completion, the Board of Pardons and Paroles shall provide copies of the postsentence report to the court and to either the petitioner's attorney or the petitioner, if not represented by an attorney.
(d) When a petitioner seeks relief from a conviction from a jurisdiction other than this state, the circuit court may require the petitioner to have additional documentation sent from that jurisdiction, including, but not limited to, any of the following:
(1) Any orders of limited relief, Certificates of Relief from Disabilities, Certificates of Rehabilitation, or similar documents issued by that jurisdiction.
(2) Any transcripts or other court records.
(3) Any sentencing reports, probation records, or similar documents.
(4) Any other available documentation necessary in considering the merits of the petition.
(e) Filing a petition for an order of limited relief shall constitute a waiver of privilege for any parole or probation records related to the offenses for which the petition is filed.
(f) Following a ruling by the court on the petition, any filed parole or probation records or other material that is otherwise subject to privilege shall be considered confidential.
(Act 2019-464, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-8 - Fees; Indigency.

Section 12-26-8
Fees; indigency.
(a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief. The administrative filing fee may not be waived by the court.
(b) Notwithstanding subsection (a), a petitioner may apply for indigent status by completing an Affidavit of Substantial Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner is indigent, the court may establish a payment plan for the petitioner to satisfy the administrative filing fee over a period of time.
(c) All administrative filing fees shall be allocated to the State Judicial Administration Fund administered by the Administrative Office of Courts.
(Act 2019-464, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-9 - Time of Ruling; Hearing; Scope; Appeal.

Section 12-26-9
Time of ruling; hearing; scope; appeal.
(a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a hearing.
(c) If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.
(d) In ruling on the petition, the court may consider the following factors, in addition to the information contained in the postsentence report:
(1) The nature and seriousness of the offense.
(2) The circumstances under which the offense occurred.
(3) Whether the offense or offenses for which the order is sought were the result of an isolated instance or a pattern of conduct.
(4) The relationship between the offense and collateral consequence or consequences from which the petitioner seeks relief.
(5) Available probation or parole records, reports, or recommendations.
(6) Evidence of previous orders of limited relief granted to the petitioner or prior expungement of the petitioner's record.
(7) Any other matter the court deems relevant.
(e) The court shall grant the petition if it is reasonably satisfied from the evidence that granting the petition will materially assist the petitioner in obtaining or maintaining employment and in living a law-abiding life, and will not pose an unreasonable risk to the safety or welfare of the public or any individual.
(f) There is no right to an order of limited relief, and any request for such an order may be denied at the sole discretion of the court.
(g) The ruling of the court shall be subject to direct appeal to the Alabama Court of Civil Appeals and shall not be reversed absent a showing of an abuse of discretion.
(h) When the court grants a petition for an order of limited relief, the petitioner shall be entitled to three copies of the order from the clerk's office.
(i) When an order of limited relief is granted, an occupational licensing board, as defined in Section 41-9A-1, may still consider the conduct underlying the conviction upon which the order was granted in determining whether to deny, revoke, or suspend a license, as defined in Section 41-9A-1.
(Act 2019-464, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-10 - Determination That Petition Filed Under False Pretenses, etc.; Voiding of Order; Revocation of Order.

Section 12-26-10
Determination that petition filed under false pretenses, etc.; voiding of order; revocation of order.
(a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court's determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court may order a hearing or enter an order revoking the order.
(b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited relief.
(c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order upon a finding that the petitioner has violated the terms or conditions of probation.
(Act 2019-464, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 26 - Occupational Licensing Order of Limited Relief. › Section 12-26-11 - Form; Annual Report.

Section 12-26-11
Form; annual report.
(a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state.
(b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an order of limited relief, the number of orders granted, and a list of the underlying offenses for which an order was granted. The report may not include any case-specific identifying information.
(Act 2019-464, §11.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-3 - General Purposes of Title.

Section 13A-1-3
General purposes of title.
The general purposes of the provisions of this title are:
(1) To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual and/or public interests;
(2) To give fair warning of the nature of the conduct proscribed and of the punishment authorized upon conviction;
(3) To define the act or omission and the accompanying mental state that constitute each offense;
(4) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;
(5) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection; and
(6) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
(Acts 1977, No. 607, p. 812, §105.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-4 - When Act or Omission Constitutes Crime.

Section 13A-1-4
When act or omission constitutes crime.
No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.
(Acts 1977, No. 607, p. 812, §110.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-6 - General Rule of Construction.

Section 13A-1-6
General rule of construction.
All provisions of this title shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law, including the purposes stated in Section 13A-1-3.
(Acts 1977, No. 607, p. 812, §115.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-7 - Applicability of Title to Offenses Committed Before and After Enactment of Title.

Section 13A-1-7
Applicability of title to offenses committed before and after enactment of title.
(a) The provisions of this title shall govern the construction of and punishment for any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well as the construction and application of any defense to a prosecution for such an offense.
(b) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside this title and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.
(c) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to 12:01 A.M. January 1, 1980, or the construction and application of any defense to a prosecution of such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
(Acts 1977, No. 607, p. 812, §120.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-8 - Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense.

Section 13A-1-8
Procedural matters; civil liabilities not affected by title; prosecution when more than one offense.
(a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this title.
(2) This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.
(b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in Section 13A-1-9; or
(2) One offense consists only of a conspiracy or other form of preparation to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(Acts 1977, No. 77-607, p. 812, §125; Acts 1979, No. 79-471, p. 862, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-9 - Lesser Included Offenses.

Section 13A-1-9
Lesser included offenses.
(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if:
(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or
(3) It is specifically designated by statute as a lesser degree of the offense charged; or
(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.
(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.
(Acts 1977, No. 607, p. 812, §126.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-10 - Pending Proceedings, Rights and Liabilities Not Affected.

Section 13A-1-10
Pending proceedings, rights and liabilities not affected.
All proceedings pending and all rights and liabilities existing, acquired or incurred on January 1, 1980, are hereby saved and may be consummated according to the law in force when they were commenced. This title shall not be construed to affect any prosecution pending or begun before January 1, 1980.
(Acts 1977, No. 607, p. 812, §9905.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 1 - General Provisions. › Section 13A-1-11 - Effective Date.

Section 13A-1-11
Effective date.
This title shall take effect at 12:01 A.M. o'clock on January 1, 1980.
(Acts 1977, No. 607, p. 812, §9910; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-125, p. 230.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 2 - Principles of Criminal Liability. › Article 1 - Culpability. › Section 13A-2-1 - Definitions - Generally.

Section 13A-2-1
Definitions - 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.)
2023 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-2-2
Definitions - 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.)
2023 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-2-3
Requirements 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.)
2023 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-2-4
Construction 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.)