| 14 | | - | Enrolled, An Act, |
|---|
| 15 | | - | Relating to sentencing; to amend Sections |
|---|
| 16 | | - | 12-25-34.2, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, |
|---|
| 17 | | - | 15-18-8, and 15-22-54, Code of Alabama 1975, to add |
|---|
| 18 | | - | additional offenses that would be subject to the |
|---|
| 19 | | - | presumptive sentencing guidelines; to modify the |
|---|
| 20 | | - | criminal penalties for criminal solicitation, attempt, |
|---|
| 21 | | - | and criminal conspiracy; to give a judge discretion |
|---|
| 22 | | - | when sentencing a person convicted of a Class C or |
|---|
| 23 | | - | Class D felony offense; to make nonsubstantive, |
|---|
| 24 | | - | technical revisions to update the existing code |
|---|
| 25 | | - | language to current style; and in connection therewith |
|---|
| 26 | | - | would have as its purpose or effect the requirement of |
|---|
| 27 | | - | a new or increased expenditure of local funds within |
|---|
| 28 | | - | the meaning of Section 111.05 of the Constitution of |
|---|
| 29 | | - | Alabama of 2022. |
|---|
| 30 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 31 | | - | Section 1. Sections 12-25-34.2, 13A-4-1, 13A-4-2, |
|---|
| 32 | | - | 13A-4-3, 13A-5-6, 15-18-8, and 15-22-54, Code of Alabama 1975, |
|---|
| 33 | | - | are amended to read as follows: |
|---|
| 34 | | - | "§12-25-34.2 |
|---|
| 35 | | - | (a) For the purposes of this section, the following |
|---|
| 36 | | - | words shall have the following meanings: |
|---|
| 37 | | - | (1) AGGRAVATING FACTORS. Substantial and compelling |
|---|
| 38 | | - | reasons justifying an exceptional sentence whereby the |
|---|
| 13 | + | SYNOPSIS: |
|---|
| 14 | + | Under existing law, the Alabama Sentencing |
|---|
| 15 | + | Commission has established presumptive sentencing |
|---|
| 16 | + | guidelines to be used for certain nonviolent felonies. |
|---|
| 17 | + | This bill would add additional offenses that |
|---|
| 18 | + | would be subject to the presumptive sentencing |
|---|
| 19 | + | guidelines. |
|---|
| 20 | + | Under existing law, criminal penalties are |
|---|
| 21 | + | established for a Class A, Class B, and Class C felony |
|---|
| 22 | + | criminal solicitation, attempt, and criminal conspiracy |
|---|
| 23 | + | offenses. |
|---|
| 24 | + | This bill would modify the criminal penalties |
|---|
| 25 | + | for criminal solicitation, attempt, and criminal |
|---|
| 26 | + | conspiracy to include Class D felonies for consistency. |
|---|
| 27 | + | Under existing law, Class C and Class D felony |
|---|
| 28 | + | offenses must be sentenced to a split sentence. |
|---|
| 29 | + | This bill would remove this requirement, giving |
|---|
| 30 | + | a judge discretion when sentencing a person convicted |
|---|
| 31 | + | of a Class C or Class D felony offense. |
|---|
| 32 | + | Under the existing habitual felony offender law, |
|---|
| 33 | + | enhanced penalties are established for certain criminal |
|---|
| 34 | + | offenses. |
|---|
| 35 | + | This bill would modify the habitual felony |
|---|
| 36 | + | offender law to include Class D felonies for |
|---|
| 37 | + | consistency. |
|---|
| 68 | | - | sentencing court may impose a departure sentence above the |
|---|
| 69 | | - | presumptive sentence recommendation for an offense. |
|---|
| 70 | | - | Aggravating factors may result in dispositional or sentence |
|---|
| 71 | | - | range departures, or both, and shall be stated on the record |
|---|
| 72 | | - | by the court. |
|---|
| 73 | | - | (2) DEPARTURE. A sentence which that departs from the |
|---|
| 74 | | - | presumptive sentence recommendation for an offender. |
|---|
| 75 | | - | (3) DISPOSITION. The part of the sentencing courts |
|---|
| 76 | | - | presumptive sentence recommendation other than sentence |
|---|
| 77 | | - | length. |
|---|
| 78 | | - | (4) DISPOSITIONAL DEPARTURE. A sentence whichthat |
|---|
| 79 | | - | departs from the presumptive sentence recommendation for |
|---|
| 80 | | - | disposition of sentence. |
|---|
| 81 | | - | (5) MITIGATING FACTORS. Substantial and compelling |
|---|
| 82 | | - | reasons justifying an exceptional sentence whereby the |
|---|
| 83 | | - | sentencing court may impose a departure sentence below the |
|---|
| 84 | | - | presumptive sentence recommendation for an offense. Mitigating |
|---|
| 85 | | - | factors may result in disposition or sentence range |
|---|
| 86 | | - | departures, or both, and shall be stated on the record by the |
|---|
| 87 | | - | court. |
|---|
| 88 | | - | (6) NONVIOLENT OFFENSES. As defined in Section |
|---|
| 89 | | - | 12-25-32. |
|---|
| 90 | | - | (7) PRESUMPTIVE SENTENCE RECOMMENDATION. The |
|---|
| 91 | | - | recommended sentence range and disposition provided in the |
|---|
| 92 | | - | sentencing standards. |
|---|
| 93 | | - | (8) SENTENCE RANGE. The sentencing court's |
|---|
| 94 | | - | discretionary range of length of sentence as provided and |
|---|
| 95 | | - | recommended in the presumptive sentencing recommendation. |
|---|
| 67 | + | This bill would also make nonsubstantive, |
|---|
| 68 | + | technical revisions to update the existing code |
|---|
| 69 | + | language to current style. |
|---|
| 70 | + | Section 111.05 of the Constitution of Alabama of |
|---|
| 71 | + | 2022, prohibits a general law whose purpose or effect |
|---|
| 72 | + | would be to require a new or increased expenditure of |
|---|
| 73 | + | local funds from becoming effective with regard to a |
|---|
| 74 | + | local governmental entity without enactment by a 2/3 |
|---|
| 75 | + | vote unless: it comes within one of a number of |
|---|
| 76 | + | specified exceptions; it is approved by the affected |
|---|
| 77 | + | entity; or the Legislature appropriates funds, or |
|---|
| 78 | + | provides a local source of revenue, to the entity for |
|---|
| 79 | + | the purpose. |
|---|
| 80 | + | The purpose or effect of this bill would be to |
|---|
| 81 | + | require a new or increased expenditure of local funds |
|---|
| 82 | + | within the meaning of the amendment. However, the bill |
|---|
| 83 | + | does not require approval of a local governmental |
|---|
| 84 | + | entity or enactment by a 2/3 vote to become effective |
|---|
| 85 | + | because it comes within one of the specified exceptions |
|---|
| 86 | + | contained in the amendment. |
|---|
| 87 | + | A BILL |
|---|
| 88 | + | TO BE ENTITLED |
|---|
| 89 | + | AN ACT |
|---|
| 90 | + | Relating to sentencing; to amend Sections |
|---|
| 91 | + | 12-25-34.2, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, |
|---|
| 125 | | - | (9) SENTENCE RANGE DEPARTURE. A sentence whichthat |
|---|
| 126 | | - | departs from the presumptive sentence recommendation as to the |
|---|
| 127 | | - | sentence range. |
|---|
| 128 | | - | (10) VIOLENT OFFENSES. As defined in Section 12-25-32. |
|---|
| 129 | | - | (b)(1) The voluntary sentencing standards as provided |
|---|
| 130 | | - | for in Section 12-25-34, as applied to nonviolent offenses |
|---|
| 131 | | - | shall become presumptive sentencing standards effective |
|---|
| 132 | | - | October 1, 2013, to the extent the modification adopted by the |
|---|
| 133 | | - | Alabama Sentencing Commission become effective October 1, |
|---|
| 134 | | - | 2013. The standards shall be applied by the courts in |
|---|
| 135 | | - | sentencing subject to departures as provided herein. To |
|---|
| 136 | | - | accomplish this purpose as to the existing initial voluntary |
|---|
| 137 | | - | sentencing standards, the Alabama Sentencing Commission shall |
|---|
| 138 | | - | adopt modifications to the standards, worksheets, and |
|---|
| 139 | | - | instructions to the extent necessary to implement this |
|---|
| 140 | | - | provision including, but not limited to, defining aggravating |
|---|
| 141 | | - | and mitigating factors that allow for departure from the |
|---|
| 142 | | - | presumptive sentencing recommendations. The commission's |
|---|
| 143 | | - | modifications shall be presented to the Legislature in the |
|---|
| 144 | | - | commission's annual report within the first five legislative |
|---|
| 145 | | - | days of the 2013 Regular Session. |
|---|
| 146 | | - | (2) The Alabama Sentencing Commission shall immediately |
|---|
| 147 | | - | adopt modifications to the standards, worksheets, and |
|---|
| 148 | | - | instructions to the extent necessary to implement this act. |
|---|
| 149 | | - | The amendatory provisions of this act shall supersede any |
|---|
| 150 | | - | standards, worksheets, and instructions of the commission that |
|---|
| 151 | | - | are in conflict with these amendatory provisions. |
|---|
| 152 | | - | (c) Durational and dispositional departures from the |
|---|
| 121 | + | 13A-5-9, 15-18-8, and 15-22-54, Code of Alabama 1975, |
|---|
| 122 | + | to add additional offenses that would be subject to the |
|---|
| 123 | + | presumptive sentencing guidelines; to modify the |
|---|
| 124 | + | criminal penalties for criminal solicitation, attempt, |
|---|
| 125 | + | and criminal conspiracy; to give a judge discretion |
|---|
| 126 | + | when sentencing a person convicted of a Class C or |
|---|
| 127 | + | Class D felony offense; to modify the habitual felony |
|---|
| 128 | + | offender law to include Class D felonies for |
|---|
| 129 | + | consistency; to make nonsubstantive, technical |
|---|
| 130 | + | revisions to update the existing code language to |
|---|
| 131 | + | current style; and in connection therewith would have |
|---|
| 132 | + | as its purpose or effect the requirement of a new or |
|---|
| 133 | + | increased expenditure of local funds within the meaning |
|---|
| 134 | + | of Section 111.05 of the Constitution of Alabama of |
|---|
| 135 | + | 2022. |
|---|
| 136 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 137 | + | Section 1. Sections 12-25-34.2, 13A-4-1, 13A-4-2, |
|---|
| 138 | + | 13A-4-3, 13A-5-6, 13A-5-9, 15-18-8, and 15-22-54, Code of |
|---|
| 139 | + | Alabama 1975, are amended to read as follows: |
|---|
| 140 | + | "§12-25-34.2 |
|---|
| 141 | + | (a) For the purposes of this section, the following |
|---|
| 142 | + | words shall have the following meanings: |
|---|
| 143 | + | (1) AGGRAVATING FACTORS. Substantial and compelling |
|---|
| 144 | + | reasons justifying an exceptional sentence whereby the |
|---|
| 145 | + | sentencing court may impose a departure sentence above the |
|---|
| 146 | + | presumptive sentence recommendation for an offense. |
|---|
| 147 | + | Aggravating factors may result in dispositional or sentence |
|---|
| 148 | + | range departures, or both, and shall be stated on the record |
|---|
| 182 | | - | presumptive sentencing standards shall be subject to appellate |
|---|
| 183 | | - | review. Along with the modifications provided for in |
|---|
| 184 | | - | subsection (b), the Alabama Sentencing Commission shall |
|---|
| 185 | | - | recommend a narrowly defined scope of appellate review |
|---|
| 186 | | - | applicable to departures from presumptive sentencing |
|---|
| 187 | | - | recommendations. The scope of appellate review shall become |
|---|
| 188 | | - | effective upon approval by an act of the Legislature enacted |
|---|
| 189 | | - | by bill." |
|---|
| 190 | | - | "§13A-4-1 |
|---|
| 191 | | - | (a)(1) A person is guilty of criminal solicitation if, |
|---|
| 192 | | - | with the intent that another person engage in conduct |
|---|
| 193 | | - | constituting a crime, he or she solicits, requests, commands |
|---|
| 194 | | - | or importunes such otheranother person to engage in such |
|---|
| 195 | | - | conduct. |
|---|
| 196 | | - | (2) A person may not be convicted of criminal |
|---|
| 197 | | - | solicitation upon the uncorroborated testimony of the person |
|---|
| 198 | | - | allegedly solicited, and there must be proof of circumstances |
|---|
| 199 | | - | corroborating both the solicitation and the defendant's |
|---|
| 200 | | - | intent. |
|---|
| 201 | | - | (b) A person is not liable under this section if, under |
|---|
| 202 | | - | circumstances manifesting a voluntary and complete |
|---|
| 203 | | - | renunciation of his or her criminal intent, he or she (1) |
|---|
| 204 | | - | notified the person solicited of his or her renunciation and |
|---|
| 205 | | - | (2) gave timely and adequate warning to the law enforcement |
|---|
| 206 | | - | authorities or otherwise made a substantial effort to prevent |
|---|
| 207 | | - | the commission of the criminal conduct solicited. The burden |
|---|
| 208 | | - | of injecting this issue is on the defendant, but this does not |
|---|
| 209 | | - | shift the burden of proof. |
|---|
| 178 | + | by the court. |
|---|
| 179 | + | (2) DEPARTURE. A sentence which that departs from the |
|---|
| 180 | + | presumptive sentence recommendation for an offender. |
|---|
| 181 | + | (3) DISPOSITION. The part of the sentencing courts |
|---|
| 182 | + | presumptive sentence recommendation other than sentence |
|---|
| 183 | + | length. |
|---|
| 184 | + | (4) DISPOSITIONAL DEPARTURE. A sentence whichthat |
|---|
| 185 | + | departs from the presumptive sentence recommendation for |
|---|
| 186 | + | disposition of sentence. |
|---|
| 187 | + | (5) MITIGATING FACTORS. Substantial and compelling |
|---|
| 188 | + | reasons justifying an exceptional sentence whereby the |
|---|
| 189 | + | sentencing court may impose a departure sentence below the |
|---|
| 190 | + | presumptive sentence recommendation for an offense. Mitigating |
|---|
| 191 | + | factors may result in disposition or sentence range |
|---|
| 192 | + | departures, or both, and shall be stated on the record by the |
|---|
| 193 | + | court. |
|---|
| 194 | + | (6) NONVIOLENT OFFENSES. As defined in Section |
|---|
| 195 | + | 12-25-32. |
|---|
| 196 | + | (7) PRESUMPTIVE SENTENCE RECOMMENDATION. The |
|---|
| 197 | + | recommended sentence range and disposition provided in the |
|---|
| 198 | + | sentencing standards. |
|---|
| 199 | + | (8) SENTENCE RANGE. The sentencing court's |
|---|
| 200 | + | discretionary range of length of sentence as provided and |
|---|
| 201 | + | recommended in the presumptive sentencing recommendation. |
|---|
| 202 | + | (9) SENTENCE RANGE DEPARTURE. A sentence whichthat |
|---|
| 203 | + | departs from the presumptive sentence recommendation as to the |
|---|
| 204 | + | sentence range. |
|---|
| 205 | + | (10) VIOLENT OFFENSES. As defined in Section 12-25-32. |
|---|
| 239 | | - | (c) A person is not liable under this section when his |
|---|
| 240 | | - | or her solicitation constitutes conduct of a kind that is |
|---|
| 241 | | - | necessarily incidental to the commission of the offense |
|---|
| 242 | | - | solicited. When the solicitation constitutes an offense other |
|---|
| 243 | | - | than criminal solicitation whichthat is related to but |
|---|
| 244 | | - | separate from the offense solicited, the defendant is guilty |
|---|
| 245 | | - | of suchthe related offense only and not of criminal |
|---|
| 246 | | - | solicitation. |
|---|
| 247 | | - | (d) It is no defense to a prosecution for criminal |
|---|
| 248 | | - | solicitation that the person solicited could not be guilty of |
|---|
| 249 | | - | the offense solicited because of any of the following : |
|---|
| 250 | | - | (1) Criminal irresponsibility or other legal incapacity |
|---|
| 251 | | - | or exemption; or. |
|---|
| 252 | | - | (2) Unawareness of the criminal nature of the conduct |
|---|
| 253 | | - | solicited or of the defendant's criminal purpose ; or. |
|---|
| 254 | | - | (3) Any other factor precluding the mental state |
|---|
| 255 | | - | required for the commission of the offense in question. |
|---|
| 256 | | - | (e) It is no defense to a prosecution for criminal |
|---|
| 257 | | - | solicitation that the defendant belongs to a class of persons |
|---|
| 258 | | - | who by definition are legally incapable in an individual |
|---|
| 259 | | - | capacity of committing the offense that he or she solicited |
|---|
| 260 | | - | another to commit. |
|---|
| 261 | | - | (f) Criminal solicitation is a: |
|---|
| 262 | | - | (1) Class A felony if the offense solicited is murder. |
|---|
| 263 | | - | (2) Class B felony if the offense solicited is a Class |
|---|
| 264 | | - | A felony. |
|---|
| 265 | | - | (3) Class C felony if the offense solicited is a Class |
|---|
| 266 | | - | B felony. |
|---|
| 235 | + | (b)(1) The voluntary sentencing standards as provided |
|---|
| 236 | + | for in Section 12-25-34, as applied to nonviolent offenses |
|---|
| 237 | + | shall become presumptive sentencing standards effective |
|---|
| 238 | + | October 1, 2013, to the extent the modification adopted by the |
|---|
| 239 | + | Alabama Sentencing Commission become effective October 1, |
|---|
| 240 | + | 2013. The standards shall be applied by the courts in |
|---|
| 241 | + | sentencing subject to departures as provided herein. To |
|---|
| 242 | + | accomplish this purpose as to the existing initial voluntary |
|---|
| 243 | + | sentencing standards, the Alabama Sentencing Commission shall |
|---|
| 244 | + | adopt modifications to the standards, worksheets, and |
|---|
| 245 | + | instructions to the extent necessary to implement this |
|---|
| 246 | + | provision including, but not limited to, defining aggravating |
|---|
| 247 | + | and mitigating factors that allow for departure from the |
|---|
| 248 | + | presumptive sentencing recommendations. The commission's |
|---|
| 249 | + | modifications shall be presented to the Legislature in the |
|---|
| 250 | + | commission's annual report within the first five legislative |
|---|
| 251 | + | days of the 2013 Regular Session. |
|---|
| 252 | + | (2) The Alabama Sentencing Commission shall immediately |
|---|
| 253 | + | adopt modifications to the standards, worksheets, and |
|---|
| 254 | + | instructions to the extent necessary to implement this act. |
|---|
| 255 | + | The amendatory provisions of this act shall supersede any |
|---|
| 256 | + | standards, worksheets, and instructions of the commission that |
|---|
| 257 | + | are in conflict with these amendatory provisions. |
|---|
| 258 | + | (c) Durational and dispositional departures from the |
|---|
| 259 | + | presumptive sentencing standards shall be subject to appellate |
|---|
| 260 | + | review. Along with the modifications provided for in |
|---|
| 261 | + | subsection (b), the Alabama Sentencing Commission shall |
|---|
| 262 | + | recommend a narrowly defined scope of appellate review |
|---|
| 296 | | - | (4) Class D felony if the offense solicited is a Class |
|---|
| 297 | | - | C felony. |
|---|
| 298 | | - | (4)(5) Class A misdemeanor if the offense solicited is |
|---|
| 299 | | - | a Class CD felony. |
|---|
| 300 | | - | (5)(6) Class B misdemeanor if the offense solicited is |
|---|
| 301 | | - | a Class A misdemeanor. |
|---|
| 302 | | - | (6)(7) Class C misdemeanor if the offense solicited is |
|---|
| 303 | | - | a Class B misdemeanor. |
|---|
| 304 | | - | (7)(8) Violation if the offense solicited is a Class C |
|---|
| 305 | | - | misdemeanor." |
|---|
| 306 | | - | "§13A-4-2 |
|---|
| 307 | | - | (a) A person is guilty of an attempt to commit a crime |
|---|
| 308 | | - | if, with the intent to commit a specific offense, he or she |
|---|
| 309 | | - | does any overt act towards the commission of suchthe offense. |
|---|
| 310 | | - | (b) It is no defense under this section that the |
|---|
| 311 | | - | offense charged to have been attempted was, under the |
|---|
| 312 | | - | attendant circumstances, factually or legally impossible of |
|---|
| 313 | | - | commission, if suchthe offense could have been committed had |
|---|
| 314 | | - | the attendant circumstances been as the defendant believed |
|---|
| 315 | | - | them to be. |
|---|
| 316 | | - | (c) A person is not liable under this section if, under |
|---|
| 292 | + | applicable to departures from presumptive sentencing |
|---|
| 293 | + | recommendations. The scope of appellate review shall become |
|---|
| 294 | + | effective upon approval by an act of the Legislature enacted |
|---|
| 295 | + | by bill." |
|---|
| 296 | + | "§13A-4-1 |
|---|
| 297 | + | (a)(1) A person is guilty of criminal solicitation if, |
|---|
| 298 | + | with the intent that another person engage in conduct |
|---|
| 299 | + | constituting a crime, he or she solicits, requests, commands |
|---|
| 300 | + | or importunes such otheranother person to engage in such |
|---|
| 301 | + | conduct. |
|---|
| 302 | + | (2) A person may not be convicted of criminal |
|---|
| 303 | + | solicitation upon the uncorroborated testimony of the person |
|---|
| 304 | + | allegedly solicited, and there must be proof of circumstances |
|---|
| 305 | + | corroborating both the solicitation and the defendant's |
|---|
| 306 | + | intent. |
|---|
| 307 | + | (b) A person is not liable under this section if, under |
|---|
| 353 | | - | shift the burden of proof. |
|---|
| 354 | | - | (d) An attempt is a: |
|---|
| 355 | | - | (1) Class A felony if the offense attempted is murder. |
|---|
| 356 | | - | (2) Class B felony if the offense attempted is a Class |
|---|
| 349 | + | than criminal solicitation whichthat is related to but |
|---|
| 350 | + | separate from the offense solicited, the defendant is guilty |
|---|
| 351 | + | of suchthe related offense only and not of criminal |
|---|
| 352 | + | solicitation. |
|---|
| 353 | + | (d) It is no defense to a prosecution for criminal |
|---|
| 354 | + | solicitation that the person solicited could not be guilty of |
|---|
| 355 | + | the offense solicited because of any of the following : |
|---|
| 356 | + | (1) Criminal irresponsibility or other legal incapacity |
|---|
| 357 | + | or exemption; or. |
|---|
| 358 | + | (2) Unawareness of the criminal nature of the conduct |
|---|
| 359 | + | solicited or of the defendant's criminal purpose ; or. |
|---|
| 360 | + | (3) Any other factor precluding the mental state |
|---|
| 361 | + | required for the commission of the offense in question. |
|---|
| 362 | + | (e) It is no defense to a prosecution for criminal |
|---|
| 363 | + | solicitation that the defendant belongs to a class of persons |
|---|
| 364 | + | who by definition are legally incapable in an individual |
|---|
| 365 | + | capacity of committing the offense that he or she solicited |
|---|
| 366 | + | another to commit. |
|---|
| 367 | + | (f) Criminal solicitation is a: |
|---|
| 368 | + | (1) Class A felony if the offense solicited is murder. |
|---|
| 369 | + | (2) Class B felony if the offense solicited is a Class |
|---|
| 413 | | - | renunciation of his criminal purpose, he or she gave a timely |
|---|
| 414 | | - | and adequate warning to law enforcement authorities or made a |
|---|
| 415 | | - | substantial effort to prevent the enforcement of the criminal |
|---|
| 416 | | - | conduct contemplated by the conspiracy. Renunciation by one |
|---|
| 417 | | - | conspirator, however, does not affect the liability of another |
|---|
| 418 | | - | conspirator who does not join in the abandonment of the |
|---|
| 419 | | - | conspiratorial objective. The burden of injecting the issue of |
|---|
| 420 | | - | renunciation is on the defendant, but this does not shift the |
|---|
| 421 | | - | burden of proof. |
|---|
| 422 | | - | (d) It is noNone of the following is a defense to a |
|---|
| 423 | | - | prosecution for criminal conspiracy that: |
|---|
| 424 | | - | (1) The person, or persons, with whom defendant is |
|---|
| 425 | | - | alleged to have conspired has been acquitted, has not been |
|---|
| 426 | | - | prosecuted or convicted, has been convicted of a different |
|---|
| 427 | | - | offense, or is immune from prosecution , or. |
|---|
| 428 | | - | (2) The person, or persons, with whom defendant |
|---|
| 429 | | - | conspired could not be guilty of the conspiracy or the object |
|---|
| 430 | | - | crime because of lack of mental responsibility or culpability, |
|---|
| 431 | | - | or other legal incapacity or defense , or. |
|---|
| 432 | | - | (3) The defendant belongs to a class of persons who by |
|---|
| 433 | | - | definition are legally incapable in an individual capacity of |
|---|
| 434 | | - | committing the offense that is the object of the conspiracy. |
|---|
| 435 | | - | (e) A conspirator is not liable under this section if, |
|---|
| 436 | | - | had the criminal conduct contemplated by the conspiracy |
|---|
| 437 | | - | actually been performed, he or she would be immune from |
|---|
| 424 | + | renunciation of this criminal intent, he or she avoided the |
|---|
| 425 | + | commission of the offense attempted by abandoning his or her |
|---|
| 426 | + | criminal effort and, if mere abandonment is insufficient to |
|---|
| 427 | + | accomplish such avoidance, by taking further and affirmative |
|---|
| 428 | + | steps whichthat prevented the commission thereof. The burden |
|---|
| 429 | + | of injecting this issue is on the defendant, but this does not |
|---|
| 430 | + | shift the burden of proof. |
|---|
| 431 | + | (d) An attempt is a: |
|---|
| 432 | + | (1) Class A felony if the offense attempted is murder. |
|---|
| 433 | + | (2) Class B felony if the offense attempted is a Class |
|---|
| 467 | | - | liability under the law defining the offense or as an |
|---|
| 468 | | - | accomplice under Section 13A-2-24. |
|---|
| 469 | | - | (f) Liability as accomplice. Accomplice liability for |
|---|
| 470 | | - | offenses committed in furtherance of a conspiracy is to be |
|---|
| 471 | | - | determined as provided in Section 13A-2-23. |
|---|
| 472 | | - | (g) Criminal conspiracy is a: |
|---|
| 473 | | - | (1) Class A felony if an object of the conspiracy is |
|---|
| 474 | | - | murder. |
|---|
| 475 | | - | (2) Class B felony if an object of the conspiracy is a |
|---|
| 476 | | - | Class A felony. |
|---|
| 477 | | - | (3) Class C felony if an object of the conspiracy is a |
|---|
| 478 | | - | Class B felony. |
|---|
| 479 | | - | (4) Class D felony if an object of the conspiracy is a |
|---|
| 480 | | - | Class C felony. |
|---|
| 481 | | - | (4)(5) Class A misdemeanor if an object of the |
|---|
| 482 | | - | conspiracy is a Class CD felony. |
|---|
| 483 | | - | (5)(6) Class B misdemeanor if an object of the |
|---|
| 484 | | - | conspiracy is a Class A misdemeanor. |
|---|
| 485 | | - | (6)(7) Class C misdemeanor if an object of the |
|---|
| 486 | | - | conspiracy is a Class B misdemeanor. |
|---|
| 487 | | - | (7)(8) Violation if an object of the conspiracy is a |
|---|
| 488 | | - | Class C misdemeanor." |
|---|
| 489 | | - | "§13A-5-6 |
|---|
| 490 | | - | (a) Sentences for felonies shall be for a definite term |
|---|
| 491 | | - | of imprisonment, which imprisonment includes hard labor, |
|---|
| 492 | | - | within the following limitations: |
|---|
| 493 | | - | (1) For a Class A felony, for life or not more than 99 |
|---|
| 494 | | - | years or less than 10 years. |
|---|
| 463 | + | A felony. |
|---|
| 464 | + | (3) Class C felony if the offense attempted is a Class |
|---|
| 465 | + | B felony. |
|---|
| 466 | + | (4) Class D felony if the offense attempted is a Class |
|---|
| 467 | + | C felony. |
|---|
| 468 | + | (4)(5) Class A misdemeanor if the offense attempted is |
|---|
| 469 | + | a Class CD felony. |
|---|
| 470 | + | (5)(6) Class B misdemeanor if the offense attempted is |
|---|
| 471 | + | a Class A misdemeanor. |
|---|
| 472 | + | (6)(7) Class C misdemeanor if the offense attempted is |
|---|
| 473 | + | a Class B misdemeanor. |
|---|
| 474 | + | (7)(8) Violation if the offense attempted is a Class C |
|---|
| 475 | + | misdemeanor." |
|---|
| 476 | + | "§13A-4-3 |
|---|
| 477 | + | (a) A person is guilty of criminal conspiracy if, with |
|---|
| 478 | + | the intent that conduct constituting an offense be performed, |
|---|
| 479 | + | he or she agrees with one or more persons to engage in or |
|---|
| 480 | + | cause the performance of suchthe conduct, and any one or more |
|---|
| 481 | + | of suchthe persons does an overt act to effect an objective of |
|---|
| 482 | + | the agreement. |
|---|
| 483 | + | (b) If a person knows or should know that one with whom |
|---|
| 484 | + | he or she agrees has in turn agreed or will agree with another |
|---|
| 485 | + | to effect the same criminal objective, he or she shall be |
|---|
| 486 | + | deemed to have agreed with suchthe other person, whether or |
|---|
| 487 | + | not he or she knows the other's identity. |
|---|
| 488 | + | (c) A person is not liable under this section if, under |
|---|
| 489 | + | circumstances manifesting a voluntary and complete |
|---|
| 490 | + | renunciation of his criminal purpose, he or she gave a timely |
|---|
| 524 | | - | (2) For a Class B felony, not more than 20 years or |
|---|
| 525 | | - | less than 2two years. |
|---|
| 526 | | - | (3) For a Class C felony, not more than 10 years or |
|---|
| 527 | | - | less than 1one year and 1one day and must be in accordance |
|---|
| 528 | | - | with subsection (b) of Section 15-18-8 unless sentencing is |
|---|
| 529 | | - | pursuant to Section 13A-5-9 or the offense is a sex offense |
|---|
| 530 | | - | pursuant to Section 15-20A-5 . |
|---|
| 531 | | - | (4) For a Class D felony, not more than 5five years or |
|---|
| 532 | | - | less than 1one year and 1one day and must be in accordance |
|---|
| 533 | | - | with subsection (b) of Section 15-18-8 . |
|---|
| 534 | | - | (5) For a Class A felony in which a firearm or deadly |
|---|
| 535 | | - | weapon was used or attempted to be used in the commission of |
|---|
| 536 | | - | the felony, or a Class A felony sex offense involving a child |
|---|
| 537 | | - | as defined in Section 15-20A-4, not less than 20 years. |
|---|
| 538 | | - | (6) For a Class B or C felony in which a firearm or |
|---|
| 539 | | - | deadly weapon was used or attempted to be used in the |
|---|
| 540 | | - | commission of the felony, or a Class B felony sex offense |
|---|
| 541 | | - | involving a child as defined in Section 15-20A-4, not less |
|---|
| 542 | | - | than 10 years. |
|---|
| 543 | | - | (b) The actual time of release within the limitations |
|---|
| 544 | | - | established by subsection (a) shall be determined under |
|---|
| 545 | | - | procedures established elsewhere by law. |
|---|
| 546 | | - | (c) In addition to any penalties heretofore or |
|---|
| 547 | | - | hereafterotherwise provided by law, in all cases where an |
|---|
| 548 | | - | offender is designated as a sexually violent predator pursuant |
|---|
| 549 | | - | to Section 15-20A-19, or where an offender is convicted of a |
|---|
| 550 | | - | Class A felony sex offense involving a child as defined in |
|---|
| 551 | | - | Section 15-20A-4, and is sentenced to a county jail or the |
|---|
| 520 | + | and adequate warning to law enforcement authorities or made a |
|---|
| 521 | + | substantial effort to prevent the enforcement of the criminal |
|---|
| 522 | + | conduct contemplated by the conspiracy. Renunciation by one |
|---|
| 523 | + | conspirator, however, does not affect the liability of another |
|---|
| 524 | + | conspirator who does not join in the abandonment of the |
|---|
| 525 | + | conspiratorial objective. The burden of injecting the issue of |
|---|
| 526 | + | renunciation is on the defendant, but this does not shift the |
|---|
| 527 | + | burden of proof. |
|---|
| 528 | + | (d) It is noNone of the following is a defense to a |
|---|
| 529 | + | prosecution for criminal conspiracy that: |
|---|
| 530 | + | (1) The person, or persons, with whom defendant is |
|---|
| 531 | + | alleged to have conspired has been acquitted, has not been |
|---|
| 532 | + | prosecuted or convicted, has been convicted of a different |
|---|
| 533 | + | offense, or is immune from prosecution , or. |
|---|
| 534 | + | (2) The person, or persons, with whom defendant |
|---|
| 535 | + | conspired could not be guilty of the conspiracy or the object |
|---|
| 536 | + | crime because of lack of mental responsibility or culpability, |
|---|
| 537 | + | or other legal incapacity or defense , or. |
|---|
| 538 | + | (3) The defendant belongs to a class of persons who by |
|---|
| 539 | + | definition are legally incapable in an individual capacity of |
|---|
| 540 | + | committing the offense that is the object of the conspiracy. |
|---|
| 541 | + | (e) A conspirator is not liable under this section if, |
|---|
| 542 | + | had the criminal conduct contemplated by the conspiracy |
|---|
| 543 | + | actually been performed, he or she would be immune from |
|---|
| 544 | + | liability under the law defining the offense or as an |
|---|
| 545 | + | accomplice under Section 13A-2-24. |
|---|
| 546 | + | (f) Liability as accomplice. Accomplice liability for |
|---|
| 547 | + | offenses committed in furtherance of a conspiracy is to be |
|---|
| 581 | | - | Alabama Department of Corrections, the sentencing judge shall |
|---|
| 582 | | - | impose an additional penalty of not less than 10 years of |
|---|
| 583 | | - | post-release supervision to be served upon the defendant's |
|---|
| 584 | | - | release from incarceration. |
|---|
| 585 | | - | (d) In addition to any penalties heretofore or |
|---|
| 586 | | - | hereafterotherwise provided by law, in all cases where an |
|---|
| 587 | | - | offender is convicted of a sex offense pursuant to Section |
|---|
| 588 | | - | 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 |
|---|
| 589 | | - | years of age or older and the victim was six years of age or |
|---|
| 590 | | - | less at the time the offense was committed, the defendant |
|---|
| 591 | | - | shall be sentenced to life imprisonment without the |
|---|
| 592 | | - | possibility of parole." |
|---|
| 593 | | - | "§13A-5-9 |
|---|
| 594 | | - | (a) In all cases when it is shown that a criminal |
|---|
| 595 | | - | defendant has been previously convicted of a Class A, Class B, |
|---|
| 596 | | - | or Class C felony and after the conviction has committed |
|---|
| 597 | | - | another Class A, Class B, or Class C felony, he or she must |
|---|
| 598 | | - | shall be punished as follows: |
|---|
| 599 | | - | (1) On conviction of a Class D felony, he or she shall |
|---|
| 600 | | - | be punished for a Class C felony. |
|---|
| 601 | | - | (1)(2) On conviction of a Class C felony, he or she |
|---|
| 602 | | - | must shall be punished for a Class B felony. |
|---|
| 603 | | - | (2)(3) On conviction of a Class B felony, he or she |
|---|
| 604 | | - | must shall be punished for a Class A felony. |
|---|
| 605 | | - | (3)(4) On conviction of a Class A felony, he or she |
|---|
| 606 | | - | must shall be punished by imprisonment for life or for any |
|---|
| 607 | | - | term of not more than 99 years but not less than 15 years. |
|---|
| 608 | | - | (b) In all cases when it is shown that a criminal |
|---|
| 577 | + | determined as provided in Section 13A-2-23. |
|---|
| 578 | + | (g) Criminal conspiracy is a: |
|---|
| 579 | + | (1) Class A felony if an object of the conspiracy is |
|---|
| 580 | + | murder. |
|---|
| 581 | + | (2) Class B felony if an object of the conspiracy is a |
|---|
| 582 | + | Class A felony. |
|---|
| 583 | + | (3) Class C felony if an object of the conspiracy is a |
|---|
| 584 | + | Class B felony. |
|---|
| 585 | + | (4) Class D felony if an object of the conspiracy is a |
|---|
| 586 | + | Class C felony. |
|---|
| 587 | + | (4)(5) Class A misdemeanor if an object of the |
|---|
| 588 | + | conspiracy is a Class CD felony. |
|---|
| 589 | + | (5)(6) Class B misdemeanor if an object of the |
|---|
| 590 | + | conspiracy is a Class A misdemeanor. |
|---|
| 591 | + | (6)(7) Class C misdemeanor if an object of the |
|---|
| 592 | + | conspiracy is a Class B misdemeanor. |
|---|
| 593 | + | (7)(8) Violation if an object of the conspiracy is a |
|---|
| 594 | + | Class C misdemeanor." |
|---|
| 595 | + | "§13A-5-6 |
|---|
| 596 | + | (a) Sentences for felonies shall be for a definite term |
|---|
| 597 | + | of imprisonment, which imprisonment includes hard labor, |
|---|
| 598 | + | within the following limitations: |
|---|
| 599 | + | (1) For a Class A felony, for life or not more than 99 |
|---|
| 600 | + | years or less than 10 years. |
|---|
| 601 | + | (2) For a Class B felony, not more than 20 years or |
|---|
| 602 | + | less than 2two years. |
|---|
| 603 | + | (3) For a Class C felony, not more than 10 years or |
|---|
| 604 | + | less than 1one year and 1one day and must be in accordance |
|---|
| 638 | | - | defendant has been previously convicted of any two felonies |
|---|
| 639 | | - | that are Class A, Class B, or Class C felonies and after such |
|---|
| 640 | | - | convictions has committed another Class A, Class B, or Class C |
|---|
| 641 | | - | felony, he or she must shall be punished as follows: |
|---|
| 642 | | - | (1) On conviction of a Class D felony, he or she shall |
|---|
| 643 | | - | be punished for a Class B felony. |
|---|
| 644 | | - | (1)(2) On conviction of a Class C felony, he or she |
|---|
| 645 | | - | mustshall be punished for a Class A felony. |
|---|
| 646 | | - | (2)(3) On conviction of a Class B felony, he or she |
|---|
| 647 | | - | mustshall be punished by imprisonment for life or for any term |
|---|
| 648 | | - | of not more than 99 years but not less than 15 years. |
|---|
| 649 | | - | (3)(4) On conviction of a Class A felony, he or she |
|---|
| 650 | | - | mustshall be punished by imprisonment for life or for any term |
|---|
| 651 | | - | of not less than 99 years. |
|---|
| 652 | | - | (c) In all cases when it is shown that a criminal |
|---|
| 653 | | - | defendant has been previously convicted of any three felonies |
|---|
| 654 | | - | that are Class A, Class B, or Class C felonies and after such |
|---|
| 655 | | - | convictions has committed another Class A, Class B, or Class C |
|---|
| 656 | | - | felony, he or she must shall be punished as follows: |
|---|
| 657 | | - | (1) On conviction of a Class D felony, he or she shall |
|---|
| 658 | | - | be punished for a Class A felony. |
|---|
| 659 | | - | (1)(2) On conviction of a Class C felony, he or she |
|---|
| 660 | | - | must be punished by imprisonment for life or for any term of |
|---|
| 661 | | - | not more than 99 years but not less than 15 years. |
|---|
| 662 | | - | (2)(3) On conviction of a Class B felony, he or she |
|---|
| 663 | | - | mustshall be punished by imprisonment for life or any term of |
|---|
| 664 | | - | not less than 20 years. |
|---|
| 665 | | - | (3)(4) On conviction of a Class A felony, where the |
|---|
| 634 | + | with subsection (b) of Section 15-18-8 unless sentencing is |
|---|
| 635 | + | pursuant to Section 13A-5-9 or the offense is a sex offense |
|---|
| 636 | + | pursuant to Section 15-20A-5 . |
|---|
| 637 | + | (4) For a Class D felony, not more than 5five years or |
|---|
| 638 | + | less than 1one year and 1one day and must be in accordance |
|---|
| 639 | + | with subsection (b) of Section 15-18-8 . |
|---|
| 640 | + | (5) For a Class A felony in which a firearm or deadly |
|---|
| 641 | + | weapon was used or attempted to be used in the commission of |
|---|
| 642 | + | the felony, or a Class A felony sex offense involving a child |
|---|
| 643 | + | as defined in Section 15-20A-4, not less than 20 years. |
|---|
| 644 | + | (6) For a Class B or C felony in which a firearm or |
|---|
| 645 | + | deadly weapon was used or attempted to be used in the |
|---|
| 646 | + | commission of the felony, or a Class B felony sex offense |
|---|
| 647 | + | involving a child as defined in Section 15-20A-4, not less |
|---|
| 648 | + | than 10 years. |
|---|
| 649 | + | (b) The actual time of release within the limitations |
|---|
| 650 | + | established by subsection (a) shall be determined under |
|---|
| 651 | + | procedures established elsewhere by law. |
|---|
| 652 | + | (c) In addition to any penalties heretofore or |
|---|
| 653 | + | hereafterotherwise provided by law, in all cases where an |
|---|
| 654 | + | offender is designated as a sexually violent predator pursuant |
|---|
| 655 | + | to Section 15-20A-19, or where an offender is convicted of a |
|---|
| 656 | + | Class A felony sex offense involving a child as defined in |
|---|
| 657 | + | Section 15-20A-4, and is sentenced to a county jail or the |
|---|
| 658 | + | Alabama Department of Corrections, the sentencing judge shall |
|---|
| 659 | + | impose an additional penalty of not less than 10 years of |
|---|
| 660 | + | post-release supervision to be served upon the defendant's |
|---|
| 661 | + | release from incarceration. |
|---|
| 695 | | - | defendant has no prior convictions for any Class A felony, he |
|---|
| 696 | | - | or she mustshall be punished by imprisonment for life or life |
|---|
| 697 | | - | without the possibility of parole, in the discretion of the |
|---|
| 698 | | - | trial court. |
|---|
| 699 | | - | (4)(5) On conviction of a Class A felony, where the |
|---|
| 700 | | - | defendant has one or more prior convictions for any Class A |
|---|
| 701 | | - | felony, he or she must shall be punished by imprisonment for |
|---|
| 702 | | - | life without the possibility of parole. |
|---|
| 703 | | - | (d) In all cases when it is shown that a criminal |
|---|
| 704 | | - | defendant has been previously convicted of any two or more |
|---|
| 705 | | - | felonies that are Class A or Class B felonies and after such |
|---|
| 706 | | - | convictions has committed a Class D felony, upon conviction, |
|---|
| 707 | | - | he or she must be punished for a Class C felony. |
|---|
| 708 | | - | (e) In all cases when it is shown that a criminal |
|---|
| 709 | | - | defendant has been previously convicted of any three or more |
|---|
| 710 | | - | felonies and after such convictions has committed a Class D |
|---|
| 711 | | - | felony, upon conviction, he or she must be punished for a |
|---|
| 712 | | - | Class C felony." |
|---|
| 713 | | - | "§15-18-8 |
|---|
| 714 | | - | (a) When a defendant is convicted of an offense, other |
|---|
| 715 | | - | than a sex offense involving a child as defined in Section |
|---|
| 716 | | - | 15-20A-4, that constitutes a Class A or Class B felony |
|---|
| 717 | | - | offense, and receives a sentence of 20 years or less , in any |
|---|
| 718 | | - | court having jurisdiction to try offenses against the State of |
|---|
| 719 | | - | Alabama and the judge presiding over the case is satisfied |
|---|
| 720 | | - | that the ends of justice and the best interests of the public |
|---|
| 721 | | - | as well as the defendant will be served thereby, he or she may |
|---|
| 722 | | - | order: |
|---|
| 691 | + | (d) In addition to any penalties heretofore or |
|---|
| 692 | + | hereafterotherwise provided by law, in all cases where an |
|---|
| 693 | + | offender is convicted of a sex offense pursuant to Section |
|---|
| 694 | + | 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 |
|---|
| 695 | + | years of age or older and the victim was six years of age or |
|---|
| 696 | + | less at the time the offense was committed, the defendant |
|---|
| 697 | + | shall be sentenced to life imprisonment without the |
|---|
| 698 | + | possibility of parole." |
|---|
| 699 | + | "§13A-5-9 |
|---|
| 700 | + | (a) In all cases when it is shown that a criminal |
|---|
| 701 | + | defendant has been previously convicted of a Class A, Class B, |
|---|
| 702 | + | or Class C felony and after the conviction has committed |
|---|
| 703 | + | another Class A, Class B, or Class C felony, he or she must |
|---|
| 704 | + | shall be punished as follows: |
|---|
| 705 | + | (1) On conviction of a Class D felony, he or she shall |
|---|
| 706 | + | be punished for a Class C felony. |
|---|
| 707 | + | (1)(2) On conviction of a Class C felony, he or she |
|---|
| 708 | + | must shall be punished for a Class B felony. |
|---|
| 709 | + | (2)(3) On conviction of a Class B felony, he or she |
|---|
| 710 | + | must shall be punished for a Class A felony. |
|---|
| 711 | + | (3)(4) On conviction of a Class A felony, he or she |
|---|
| 712 | + | must shall be punished by imprisonment for life or for any |
|---|
| 713 | + | term of not more than 99 years but not less than 15 years. |
|---|
| 714 | + | (b) In all cases when it is shown that a criminal |
|---|
| 715 | + | defendant has been previously convicted of any two felonies |
|---|
| 716 | + | that are Class A, Class B, or Class C felonies and after such |
|---|
| 717 | + | convictions has committed another Class A, Class B, or Class C |
|---|
| 718 | + | felony, he or she mustshall be punished as follows: |
|---|
| 752 | | - | (1) That aIn cases where the defendant is convicted of |
|---|
| 753 | | - | a Class A, Class B, Class C or Class BD felony beand the |
|---|
| 754 | | - | imposed sentence is not more than 15 years, that the convicted |
|---|
| 755 | | - | defendant be confined in a prison, jail-type institution, or |
|---|
| 756 | | - | treatment institution for a period not exceeding three years |
|---|
| 757 | | - | in cases where the imposed sentence is not more than 15 years, |
|---|
| 758 | | - | and, that the execution of the remainder of the sentence be |
|---|
| 759 | | - | suspended notwithstanding any provision of the law to the |
|---|
| 760 | | - | contrary, and that the defendant be placed on probation for |
|---|
| 761 | | - | sucha period and upon such terms as determined by the court |
|---|
| 762 | | - | deems best. |
|---|
| 763 | | - | (2) That aIn cases where the defendant is convicted of |
|---|
| 764 | | - | a Class A, Class B, or Class C felony with anand the imposed |
|---|
| 765 | | - | sentence ofis greater than 15 years but not more than 20 |
|---|
| 766 | | - | years, that the convicted defendant be confined in a prison, |
|---|
| 767 | | - | jail-type institution, or treatment institution for a period |
|---|
| 768 | | - | of three to five years , for Class A or Class B felony |
|---|
| 769 | | - | convictions and for a period of three years for Class C felony |
|---|
| 770 | | - | convictions, during which the offender shall not be eligible |
|---|
| 771 | | - | for parole or release because of deduction from sentence for |
|---|
| 772 | | - | good behavior under the Alabama Correctional Incentive Time |
|---|
| 773 | | - | Act, and that the execution of the remainder of the sentence |
|---|
| 774 | | - | be suspended notwithstanding any provision of the law to the |
|---|
| 775 | | - | contrary, and that the defendant be placed on probation for |
|---|
| 776 | | - | the a period upon the terms as determined by the court deems |
|---|
| 777 | | - | best. |
|---|
| 778 | | - | This subsection shall not be construed to impose the |
|---|
| 779 | | - | responsibility for offenders sentenced to a Department of |
|---|
| 748 | + | (1) On conviction of a Class D felony, he or she shall |
|---|
| 749 | + | be punished for a Class B felony. |
|---|
| 750 | + | (1)(2) On conviction of a Class C felony, he or she |
|---|
| 751 | + | mustshall be punished for a Class A felony. |
|---|
| 752 | + | (2)(3) On conviction of a Class B felony, he or she |
|---|
| 753 | + | mustshall be punished by imprisonment for life or for any term |
|---|
| 754 | + | of not more than 99 years but not less than 15 years. |
|---|
| 755 | + | (3)(4) On conviction of a Class A felony, he or she |
|---|
| 756 | + | mustshall be punished by imprisonment for life or for any term |
|---|
| 757 | + | of not less than 99 years. |
|---|
| 758 | + | (c) In all cases when it is shown that a criminal |
|---|
| 759 | + | defendant has been previously convicted of any three felonies |
|---|
| 760 | + | that are Class A, Class B, or Class C felonies and after such |
|---|
| 761 | + | convictions has committed another Class A, Class B, or Class C |
|---|
| 762 | + | felony, he or she mustshall be punished as follows: |
|---|
| 763 | + | (1) On conviction of a Class D felony, he or she shall |
|---|
| 764 | + | be punished for a Class A felony. |
|---|
| 765 | + | (1)(2) On conviction of a Class C felony, he or she |
|---|
| 766 | + | must be punished by imprisonment for life or for any term of |
|---|
| 767 | + | not more than 99 years but not less than 15 years. |
|---|
| 768 | + | (2)(3) On conviction of a Class B felony, he or she |
|---|
| 769 | + | mustshall be punished by imprisonment for life or any term of |
|---|
| 770 | + | not less than 20 years. |
|---|
| 771 | + | (3)(4) On conviction of a Class A felony, where the |
|---|
| 772 | + | defendant has no prior convictions for any Class A felony, he |
|---|
| 773 | + | or she mustshall be punished by imprisonment for life or life |
|---|
| 774 | + | without the possibility of parole, in the discretion of the |
|---|
| 775 | + | trial court. |
|---|
| 809 | | - | Corrections facility upon a local confinement facility not |
|---|
| 810 | | - | operated by the Department of Corrections. |
|---|
| 811 | | - | (b) Unless a defendant is sentenced to probation, drug |
|---|
| 812 | | - | court, or a pretrial diversion program, when a defendant is |
|---|
| 813 | | - | convicted of an offense that constitutes a Class C or D felony |
|---|
| 814 | | - | offense and receives a sentence of not more than 15 years, the |
|---|
| 815 | | - | judge presiding over the case shall order that the convicted |
|---|
| 816 | | - | defendant be confined in a prison, jail-type institution, |
|---|
| 817 | | - | treatment institution, or community corrections program for a |
|---|
| 818 | | - | Class C felony offense or in a consenting community |
|---|
| 819 | | - | corrections program for a Class D felony offense, except as |
|---|
| 820 | | - | provided in subsection (e), for a period not exceeding two |
|---|
| 821 | | - | years in cases where the imposed sentence is not more than 15 |
|---|
| 822 | | - | years, and that the execution of the remainder of the sentence |
|---|
| 823 | | - | be suspended notwithstanding any provision of the law to the |
|---|
| 824 | | - | contrary and that the defendant be placed on probation for a |
|---|
| 825 | | - | period not exceeding three years and upon such terms as the |
|---|
| 826 | | - | court deems best. In all cases when it is shown that a |
|---|
| 805 | + | (4)(5) On conviction of a Class A felony, where the |
|---|
| 806 | + | defendant has one or more prior convictions for any Class A |
|---|
| 807 | + | felony, he or she mustshall be punished by imprisonment for |
|---|
| 808 | + | life without the possibility of parole. |
|---|
| 809 | + | (d) In all cases when it is shown that a criminal |
|---|
| 810 | + | defendant has been previously convicted of any two or more |
|---|
| 811 | + | felonies that are Class A or Class B felonies and after such |
|---|
| 812 | + | convictions has committed a Class D felony, upon conviction, |
|---|
| 813 | + | he or she must be punished for a Class C felony. |
|---|
| 814 | + | (e) In all cases when it is shown that a criminal |
|---|
| 828 | | - | felonies or has been previously convicted of any two or more |
|---|
| 829 | | - | felonies that are Class A or Class B felonies, and after such |
|---|
| 830 | | - | convictions has committed a Class D felony, upon conviction, |
|---|
| 831 | | - | he or she must be punished for a Class C felony. This |
|---|
| 832 | | - | subsection shall not be construed to impose the responsibility |
|---|
| 833 | | - | for offenders sentenced to a Department of Corrections |
|---|
| 834 | | - | facility upon a local confinement facility not operated by the |
|---|
| 835 | | - | Department of Corrections. |
|---|
| 836 | | - | (c) Nothing in this section shall be construed as |
|---|
| 816 | + | felonies and after such convictions has committed a Class D |
|---|
| 817 | + | felony, upon conviction, he or she must be punished for a |
|---|
| 818 | + | Class C felony." |
|---|
| 819 | + | "§15-18-8 |
|---|
| 820 | + | (a) When a defendant is convicted of an offense, other |
|---|
| 821 | + | than a sex offense involving a child as defined in Section |
|---|
| 822 | + | 15-20A-4, that constitutes a Class A or Class B felony |
|---|
| 823 | + | offense, and receives a sentence of 20 years or less , in any |
|---|
| 824 | + | court having jurisdiction to try offenses against the State of |
|---|
| 825 | + | Alabama and the judge presiding over the case is satisfied |
|---|
| 826 | + | that the ends of justice and the best interests of the public |
|---|
| 827 | + | as well as the defendant will be served thereby, he or she may |
|---|
| 828 | + | order: |
|---|
| 829 | + | (1) That aIn cases where the defendant is convicted of |
|---|
| 830 | + | a Class A, Class B, Class C or Class BD felony beand the |
|---|
| 831 | + | imposed sentence is not more than 15 years, that the convicted |
|---|
| 832 | + | defendant be confined in a prison, jail-type institution, or |
|---|
| 866 | | - | superseding the sentencing requirements set forth and adopted |
|---|
| 867 | | - | by the Legislature as prescribed by the Alabama Sentencing |
|---|
| 868 | | - | Commission's Sentencing Standards. |
|---|
| 869 | | - | (d) In counties or jurisdictions where no community |
|---|
| 870 | | - | corrections program exists or resources from a community |
|---|
| 871 | | - | investment are not complete, a county or jurisdiction may |
|---|
| 872 | | - | enter into a compact or contract with another county or other |
|---|
| 873 | | - | counties to create a multi-jurisdiction community corrections |
|---|
| 874 | | - | facility that meets the needs and resources of each county or |
|---|
| 875 | | - | jurisdiction or enter into a compact or contract with a county |
|---|
| 876 | | - | or jurisdiction that has a community corrections program to |
|---|
| 877 | | - | provide services, as provided in and pursuant to Article 9 of |
|---|
| 878 | | - | this chapter. |
|---|
| 879 | | - | (e) If no community corrections program exists within a |
|---|
| 880 | | - | county or jurisdiction and no alternative program options are |
|---|
| 881 | | - | available under subsection (e) of Section 15-18-172, a |
|---|
| 882 | | - | defendant convicted of an offense that constitutes a Class D |
|---|
| 883 | | - | felony may be sentenced to high-intensity probation under the |
|---|
| 884 | | - | supervision of the Board of Pardons and Paroles in lieu of |
|---|
| 885 | | - | community corrections. |
|---|
| 886 | | - | (f)(b) Probation may not be granted for a sex offense |
|---|
| 887 | | - | involving a child as defined in Section 15-20A-4 , which that |
|---|
| 888 | | - | constitutes a Class A or B felony. Otherwise, probation may be |
|---|
| 889 | | - | granted whether the offense is punishable by fine or |
|---|
| 890 | | - | imprisonment or both. If an offense is punishable by both fine |
|---|
| 891 | | - | and imprisonment, the court may impose a fine and place the |
|---|
| 892 | | - | defendant on probation as to imprisonment. Probation may be |
|---|
| 893 | | - | limited to one or more counts or indictments, but, in the |
|---|
| 862 | + | treatment institution for a period not exceeding three years |
|---|
| 863 | + | in cases where the imposed sentence is not more than 15 years, |
|---|
| 864 | + | and, that the execution of the remainder of the sentence be |
|---|
| 865 | + | suspended notwithstanding any provision of the law to the |
|---|
| 866 | + | contrary, and that the defendant be placed on probation for |
|---|
| 867 | + | sucha period and upon such terms as determined by the court |
|---|
| 868 | + | deems best. |
|---|
| 869 | + | (2) That aIn cases where the defendant is convicted of |
|---|
| 870 | + | a Class A, Class B, Class C, or Class CD felony with anand the |
|---|
| 871 | + | imposed sentence ofis greater than 15 years but not more than |
|---|
| 872 | + | 20 years, that the convicted defendant be confined in a |
|---|
| 873 | + | prison, jail-type institution, or treatment institution for a |
|---|
| 874 | + | period of three to five years , for Class A or Class B felony |
|---|
| 875 | + | convictions and for a period of three years for Class C felony |
|---|
| 876 | + | convictions, during which the offender shall not be eligible |
|---|
| 877 | + | for parole or release because of deduction from sentence for |
|---|
| 878 | + | good behavior under the Alabama Correctional Incentive Time |
|---|
| 879 | + | Act, and that the execution of the remainder of the sentence |
|---|
| 880 | + | be suspended notwithstanding any provision of the law to the |
|---|
| 881 | + | contrary, and that the defendant be placed on probation for |
|---|
| 882 | + | the a period upon the terms as determined by the court deems |
|---|
| 883 | + | best. |
|---|
| 884 | + | This subsection shall not be construed to impose the |
|---|
| 885 | + | responsibility for offenders sentenced to a Department of |
|---|
| 886 | + | Corrections facility upon a local confinement facility not |
|---|
| 887 | + | operated by the Department of Corrections. |
|---|
| 888 | + | (b) Unless a defendant is sentenced to probation, drug |
|---|
| 889 | + | court, or a pretrial diversion program, when a defendant is |
|---|
| 923 | | - | absence of express limitation, shall extend to the entire |
|---|
| 924 | | - | sentence and judgment. |
|---|
| 925 | | - | (g)(c) Regardless of whether the defendant has begun |
|---|
| 926 | | - | serving the minimum period of confinement ordered under the |
|---|
| 927 | | - | provisions of subsections subsection (a) or (b), if the imposed |
|---|
| 928 | | - | sentence is not more than 20 years , the court shall retain |
|---|
| 929 | | - | jurisdiction and authority throughout that period to suspend |
|---|
| 930 | | - | that portion of the minimum sentence that remains and place |
|---|
| 931 | | - | the defendant on probation, notwithstanding any provision of |
|---|
| 932 | | - | the law to the contrary , and the court may revoke or modify |
|---|
| 933 | | - | any condition of probation or may change the period of |
|---|
| 934 | | - | probation. |
|---|
| 935 | | - | (h)(d) While incarcerated or on probation and among the |
|---|
| 936 | | - | conditions thereof, the defendant may be required to do any of |
|---|
| 937 | | - | the following: |
|---|
| 938 | | - | (1) To pay a fine in one or several sums ;. |
|---|
| 939 | | - | (2) To make restitution or reparation to aggrieved |
|---|
| 940 | | - | parties for actual damages or loss caused by the offense for |
|---|
| 941 | | - | which conviction was had ; and. |
|---|
| 942 | | - | (3) To provide for the support of any persons for whose |
|---|
| 943 | | - | support he or she is legally responsible. |
|---|
| 944 | | - | (i)(e) Except as otherwise provided pursuant to Section |
|---|
| 945 | | - | 15-18-64, the defendant's liability for any fine or other |
|---|
| 946 | | - | punishment imposed as to which probation is granted shall be |
|---|
| 947 | | - | fully discharged by the fulfillment of the terms and |
|---|
| 948 | | - | conditions of probation. |
|---|
| 949 | | - | (j)(f) During any term of probation, the defendant |
|---|
| 950 | | - | shall report to the probation authorities at sucha time and |
|---|
| 919 | + | convicted of an offense that constitutes a Class C or D felony |
|---|
| 920 | + | offense and receives a sentence of not more than 15 years, the |
|---|
| 921 | + | judge presiding over the case shall order that the convicted |
|---|
| 922 | + | defendant be confined in a prison, jail-type institution, |
|---|
| 923 | + | treatment institution, or community corrections program for a |
|---|
| 924 | + | Class C felony offense or in a consenting community |
|---|
| 925 | + | corrections program for a Class D felony offense, except as |
|---|
| 926 | + | provided in subsection (e), for a period not exceeding two |
|---|
| 927 | + | years in cases where the imposed sentence is not more than 15 |
|---|
| 928 | + | years, and that the execution of the remainder of the sentence |
|---|
| 929 | + | be suspended notwithstanding any provision of the law to the |
|---|
| 930 | + | contrary and that the defendant be placed on probation for a |
|---|
| 931 | + | period not exceeding three years and upon such terms as the |
|---|
| 932 | + | court deems best. In all cases when it is shown that a |
|---|
| 933 | + | defendant has been previously convicted of any three or more |
|---|
| 934 | + | felonies or has been previously convicted of any two or more |
|---|
| 935 | + | felonies that are Class A or Class B felonies, and after such |
|---|
| 936 | + | convictions has committed a Class D felony, upon conviction, |
|---|
| 937 | + | he or she must be punished for a Class C felony. This |
|---|
| 938 | + | subsection shall not be construed to impose the responsibility |
|---|
| 939 | + | for offenders sentenced to a Department of Corrections |
|---|
| 940 | + | facility upon a local confinement facility not operated by the |
|---|
| 941 | + | Department of Corrections. |
|---|
| 942 | + | (c) Nothing in this section shall be construed as |
|---|
| 943 | + | superseding the sentencing requirements set forth and adopted |
|---|
| 944 | + | by the Legislature as prescribed by the Alabama Sentencing |
|---|
| 945 | + | Commission's Sentencing Standards. |
|---|
| 946 | + | (d) In counties or jurisdictions where no community |
|---|
| 980 | | - | place as directed by the judge imposing sentence. |
|---|
| 981 | | - | (k)(g) No defendant serving a minimum period of |
|---|
| 982 | | - | confinement ordered under subsection (a) or (b) shall be |
|---|
| 983 | | - | entitled to parole or to deductions from his or her sentence |
|---|
| 984 | | - | under the Alabama Correctional Incentive Time Act, during the |
|---|
| 985 | | - | minimum period of confinement so ordered; provided, however, |
|---|
| 986 | | - | that this subsection shall not be construed to prohibit |
|---|
| 987 | | - | application of the Alabama Correctional Incentive Time Act to |
|---|
| 988 | | - | any period of confinement which may be required after the |
|---|
| 989 | | - | defendant has served suchthe minimum period. |
|---|
| 990 | | - | (l)(h) When a defendant is convicted of a misdemeanor |
|---|
| 991 | | - | or convicted of a municipal ordinance, the judge presiding |
|---|
| 992 | | - | over the case may impose a sentence in accordance with Section |
|---|
| 993 | | - | 13A-5-7. The court may order a portion of the sentence to be |
|---|
| 994 | | - | suspended and the defendant be placed on probation for such a |
|---|
| 995 | | - | period not exceeding two years and upon such terms as the |
|---|
| 996 | | - | court deems best . |
|---|
| 997 | | - | (i) Nothing in this section shall be construed to |
|---|
| 998 | | - | impose the responsibility for offenders sentenced to a |
|---|
| 999 | | - | Department of Corrections facility upon a local confinement |
|---|
| 1000 | | - | facility not operated by the Department of Corrections. " |
|---|
| 1001 | | - | "§15-22-54 |
|---|
| 1002 | | - | (a) The period of probation or suspension of execution |
|---|
| 1003 | | - | of sentence shall be determined by the court and may not be |
|---|
| 1004 | | - | waived by the defendant. The period of probation or suspension |
|---|
| 1005 | | - | may be continued, extended, or terminated as determined by the |
|---|
| 1006 | | - | court. Except as provided in Section 32-5A-191, relating to |
|---|
| 1007 | | - | ignition interlock requirements, the maximum probation period |
|---|
| 976 | + | corrections program exists or resources from a community |
|---|
| 977 | + | investment are not complete, a county or jurisdiction may |
|---|
| 978 | + | enter into a compact or contract with another county or other |
|---|
| 979 | + | counties to create a multi-jurisdiction community corrections |
|---|
| 980 | + | facility that meets the needs and resources of each county or |
|---|
| 981 | + | jurisdiction or enter into a compact or contract with a county |
|---|
| 982 | + | or jurisdiction that has a community corrections program to |
|---|
| 983 | + | provide services, as provided in and pursuant to Article 9 of |
|---|
| 984 | + | this chapter. |
|---|
| 985 | + | (e) If no community corrections program exists within a |
|---|
| 986 | + | county or jurisdiction and no alternative program options are |
|---|
| 987 | + | available under subsection (e) of Section 15-18-172, a |
|---|
| 988 | + | defendant convicted of an offense that constitutes a Class D |
|---|
| 989 | + | felony may be sentenced to high-intensity probation under the |
|---|
| 990 | + | supervision of the Board of Pardons and Paroles in lieu of |
|---|
| 991 | + | community corrections. |
|---|
| 992 | + | (f)(b) Probation may not be granted for a sex offense |
|---|
| 993 | + | involving a child as defined in Section 15-20A-4 , which that |
|---|
| 994 | + | constitutes a Class A or B felony. Otherwise, probation may be |
|---|
| 995 | + | granted whether the offense is punishable by fine or |
|---|
| 996 | + | imprisonment or both. If an offense is punishable by both fine |
|---|
| 997 | + | and imprisonment, the court may impose a fine and place the |
|---|
| 998 | + | defendant on probation as to imprisonment. Probation may be |
|---|
| 999 | + | limited to one or more counts or indictments, but, in the |
|---|
| 1000 | + | absence of express limitation, shall extend to the entire |
|---|
| 1001 | + | sentence and judgment. |
|---|
| 1002 | + | (g)(c) Regardless of whether the defendant has begun |
|---|
| 1003 | + | serving the minimum period of confinement ordered under the |
|---|
| 1037 | | - | of a defendant guilty of a misdemeanor may not exceed two |
|---|
| 1038 | | - | years, nor shall the maximum probation period of a defendant |
|---|
| 1039 | | - | guilty of a felony exceed five years, except as provided in |
|---|
| 1040 | | - | Section 13A-8-2.1. When the conditions of probation or |
|---|
| 1041 | | - | suspension of sentence are fulfilled, the court, by an order |
|---|
| 1042 | | - | duly entered on its minutes, shall discharge the defendant. |
|---|
| 1043 | | - | (b) The court granting probation, upon the |
|---|
| 1044 | | - | recommendation of the officer supervising the probationer, may |
|---|
| 1045 | | - | terminate all authority and supervision over the probationer |
|---|
| 1046 | | - | prior to the declared date of completion of probation upon |
|---|
| 1047 | | - | showing a continued satisfactory compliance with the |
|---|
| 1048 | | - | conditions of probation over a sufficient portion of the |
|---|
| 1049 | | - | period of the probation. At least every two years, and after |
|---|
| 1050 | | - | providing notice to the district attorney, the court shall |
|---|
| 1051 | | - | review the probationer's suitability for discharge from |
|---|
| 1052 | | - | probation supervision if the probationer has satisfied all |
|---|
| 1053 | | - | financial obligations owed to the court, including |
|---|
| 1054 | | - | restitution, and has not had his or her supervision revoked. |
|---|
| 1055 | | - | (c) At any time during the period of probation or |
|---|
| 1056 | | - | suspension of execution of sentence, the court may issue a |
|---|
| 1057 | | - | warrant and have the defendant arrested for violating any of |
|---|
| 1058 | | - | the conditions of probation or suspension of sentence, and the |
|---|
| 1059 | | - | court shall hold a violation hearing. No probationer shall be |
|---|
| 1060 | | - | held in jail awaiting the violation hearing for longer than 20 |
|---|
| 1061 | | - | business days, unless new criminal charges are pending. If the |
|---|
| 1062 | | - | hearing is not held within the specified time, the sheriff |
|---|
| 1063 | | - | shall release the probation violator unless there are other |
|---|
| 1064 | | - | pending criminal charges. A judge may issue a bond to a |
|---|
| 1033 | + | provisions of subsections subsection (a) or (b), if the imposed |
|---|
| 1034 | + | sentence is not more than 20 years , the court shall retain |
|---|
| 1035 | + | jurisdiction and authority throughout that period to suspend |
|---|
| 1036 | + | that portion of the minimum sentence that remains and place |
|---|
| 1037 | + | the defendant on probation, notwithstanding any provision of |
|---|
| 1038 | + | the law to the contrary , and the court may revoke or modify |
|---|
| 1039 | + | any condition of probation or may change the period of |
|---|
| 1040 | + | probation. |
|---|
| 1041 | + | (h)(d) While incarcerated or on probation and among the |
|---|
| 1042 | + | conditions thereof, the defendant may be required to do any of |
|---|
| 1043 | + | the following: |
|---|
| 1044 | + | (1) To pay a fine in one or several sums ;. |
|---|
| 1045 | + | (2) To make restitution or reparation to aggrieved |
|---|
| 1046 | + | parties for actual damages or loss caused by the offense for |
|---|
| 1047 | + | which conviction was had ; and. |
|---|
| 1048 | + | (3) To provide for the support of any persons for whose |
|---|
| 1049 | + | support he or she is legally responsible. |
|---|
| 1050 | + | (i)(e) Except as otherwise provided pursuant to Section |
|---|
| 1051 | + | 15-18-64, the defendant's liability for any fine or other |
|---|
| 1052 | + | punishment imposed as to which probation is granted shall be |
|---|
| 1053 | + | fully discharged by the fulfillment of the terms and |
|---|
| 1054 | + | conditions of probation. |
|---|
| 1055 | + | (j)(f) During any term of probation, the defendant |
|---|
| 1056 | + | shall report to the probation authorities at sucha time and |
|---|
| 1057 | + | place as directed by the judge imposing sentence. |
|---|
| 1058 | + | (k)(g) No defendant serving a minimum period of |
|---|
| 1059 | + | confinement ordered under subsection (a) or (b) shall be |
|---|
| 1060 | + | entitled to parole or to deductions from his or her sentence |
|---|
| 1094 | | - | probationer for release from custody. |
|---|
| 1095 | | - | (d) Except as provided in Chapter 15 of Title 12, any |
|---|
| 1096 | | - | probation officer, police officer, or other officer with power |
|---|
| 1097 | | - | of arrest, when requested by the probation officer, may arrest |
|---|
| 1098 | | - | a probationer without a warrant. When an arrest is made |
|---|
| 1099 | | - | without a warrant, the arresting officer shall have a written |
|---|
| 1100 | | - | statement by the probation officer setting forth that the |
|---|
| 1101 | | - | probationer has, in his or her judgment, violated the |
|---|
| 1102 | | - | conditions of probation, and the statement shall be sufficient |
|---|
| 1103 | | - | warrant for the detention of the probationer in the county |
|---|
| 1104 | | - | jail or other appropriate place of detention until the |
|---|
| 1105 | | - | probationer is brought before the court. The probation officer |
|---|
| 1106 | | - | shall report the arrest and detention to the court and submit |
|---|
| 1107 | | - | in writing a report showing in what manner the probationer has |
|---|
| 1108 | | - | violated probation. |
|---|
| 1109 | | - | (e) After conducting a violation hearing and finding |
|---|
| 1110 | | - | sufficient evidence to support a probation violation, the |
|---|
| 1111 | | - | court may take any of the following actions: |
|---|
| 1112 | | - | (1)a. If the underlying offense was a Class D felony |
|---|
| 1113 | | - | and his or her probation is revoked, the incarceration portion |
|---|
| 1114 | | - | of any split sentence imposed due to revocation shall be |
|---|
| 1115 | | - | limited to two years or one-third of the original suspended |
|---|
| 1116 | | - | prison sentence, whichever is less. |
|---|
| 1117 | | - | b.(1)a. If the underlying offense was a violent |
|---|
| 1118 | | - | offense as defined in Section 12-25-32 and classified as a |
|---|
| 1119 | | - | Class A felony, a sex offense pursuant to Section 15-20A-5, or |
|---|
| 1120 | | - | aggravated theft by deception pursuant to Section 13A-8-2.1, |
|---|
| 1121 | | - | the court shall revoke probation and require the probationer |
|---|
| 1090 | + | under the Alabama Correctional Incentive Time Act, during the |
|---|
| 1091 | + | minimum period of confinement so ordered; provided, however, |
|---|
| 1092 | + | that this subsection shall not be construed to prohibit |
|---|
| 1093 | + | application of the Alabama Correctional Incentive Time Act to |
|---|
| 1094 | + | any period of confinement which may be required after the |
|---|
| 1095 | + | defendant has served suchthe minimum period. |
|---|
| 1096 | + | (l)(h) When a defendant is convicted of a misdemeanor |
|---|
| 1097 | + | or convicted of a municipal ordinance, the judge presiding |
|---|
| 1098 | + | over the case may impose a sentence in accordance with Section |
|---|
| 1099 | + | 13A-5-7. The court may order a portion of the sentence to be |
|---|
| 1100 | + | suspended and the defendant be placed on probation for such a |
|---|
| 1101 | + | period not exceeding two years and upon such terms as the |
|---|
| 1102 | + | court deems best . |
|---|
| 1103 | + | (i) Nothing in this section shall be construed to |
|---|
| 1104 | + | impose the responsibility for offenders sentenced to a |
|---|
| 1105 | + | Department of Corrections facility upon a local confinement |
|---|
| 1106 | + | facility not operated by the Department of Corrections. " |
|---|
| 1107 | + | "§15-22-54 |
|---|
| 1108 | + | (a) The period of probation or suspension of execution |
|---|
| 1109 | + | of sentence shall be determined by the court and may not be |
|---|
| 1110 | + | waived by the defendant. The period of probation or suspension |
|---|
| 1111 | + | may be continued, extended, or terminated as determined by the |
|---|
| 1112 | + | court. Except as provided in Section 32-5A-191, relating to |
|---|
| 1113 | + | ignition interlock requirements, the maximum probation period |
|---|
| 1114 | + | of a defendant guilty of a misdemeanor may not exceed two |
|---|
| 1115 | + | years, nor shall the maximum probation period of a defendant |
|---|
| 1116 | + | guilty of a felony exceed five years, except as provided in |
|---|
| 1117 | + | Section 13A-8-2.1. When the conditions of probation or |
|---|
| 1151 | | - | to serve the balance of the term for which he or she was |
|---|
| 1152 | | - | originally sentenced, or any portion thereof, in a state |
|---|
| 1153 | | - | prison facility, calculated from the date of his or her |
|---|
| 1154 | | - | rearrest as a delinquent probationer. |
|---|
| 1155 | | - | c.b. If the probation violation was for being arrested |
|---|
| 1156 | | - | or convicted of a new offense ,or absconding, or failing to |
|---|
| 1157 | | - | successfully complete a court supervised, evidence-based |
|---|
| 1158 | | - | treatment program, as defined in Section 12-25-32, a court |
|---|
| 1159 | | - | ordered faith-based program, or any other court ordered |
|---|
| 1160 | | - | rehabilitative program, the court may revoke probation and |
|---|
| 1161 | | - | require the probationer to serve the balance of the term for |
|---|
| 1162 | | - | which he or she was originally sentenced, or any portion |
|---|
| 1163 | | - | thereof, in a state prison facility, calculated from the date |
|---|
| 1164 | | - | of his or her rearrest as a delinquent probationer. |
|---|
| 1165 | | - | d.c. For all other probationers, the court may impose |
|---|
| 1166 | | - | a period of confinement of no more than 45 consecutive days to |
|---|
| 1167 | | - | be served in a residential transition center established |
|---|
| 1168 | | - | pursuant to Section 15-22-30.1 or a consenting county jail |
|---|
| 1169 | | - | designated for this purpose as provided in Section 14-1-23. |
|---|
| 1170 | | - | The probationer shall be held in the county jail of the county |
|---|
| 1171 | | - | in which the violation occurred while awaiting the revocation |
|---|
| 1172 | | - | hearing. The Department of Corrections shall reimburse the |
|---|
| 1173 | | - | state mileage rate to the county, as determined by the Alabama |
|---|
| 1174 | | - | Comptroller's Office, for any probationer charged with, or |
|---|
| 1175 | | - | sanctioned or revoked for, a probation violation and who is |
|---|
| 1176 | | - | transferred to or from a Department of Corrections facility or |
|---|
| 1177 | | - | to or from a consenting county jail by the county. |
|---|
| 1178 | | - | (2) Upon completion of the confinement period, the |
|---|
| 1147 | + | suspension of sentence are fulfilled, the court, by an order |
|---|
| 1148 | + | duly entered on its minutes, shall discharge the defendant. |
|---|
| 1149 | + | (b) The court granting probation, upon the |
|---|
| 1150 | + | recommendation of the officer supervising the probationer, may |
|---|
| 1151 | + | terminate all authority and supervision over the probationer |
|---|
| 1152 | + | prior to the declared date of completion of probation upon |
|---|
| 1153 | + | showing a continued satisfactory compliance with the |
|---|
| 1154 | + | conditions of probation over a sufficient portion of the |
|---|
| 1155 | + | period of the probation. At least every two years, and after |
|---|
| 1156 | + | providing notice to the district attorney, the court shall |
|---|
| 1157 | + | review the probationer's suitability for discharge from |
|---|
| 1158 | + | probation supervision if the probationer has satisfied all |
|---|
| 1159 | + | financial obligations owed to the court, including |
|---|
| 1160 | + | restitution, and has not had his or her supervision revoked. |
|---|
| 1161 | + | (c) At any time during the period of probation or |
|---|
| 1162 | + | suspension of execution of sentence, the court may issue a |
|---|
| 1163 | + | warrant and have the defendant arrested for violating any of |
|---|
| 1164 | + | the conditions of probation or suspension of sentence, and the |
|---|
| 1165 | + | court shall hold a violation hearing. No probationer shall be |
|---|
| 1166 | + | held in jail awaiting the violation hearing for longer than 20 |
|---|
| 1167 | + | business days, unless new criminal charges are pending. If the |
|---|
| 1168 | + | hearing is not held within the specified time, the sheriff |
|---|
| 1169 | + | shall release the probation violator unless there are other |
|---|
| 1170 | + | pending criminal charges. A judge may issue a bond to a |
|---|
| 1171 | + | probationer for release from custody. |
|---|
| 1172 | + | (d) Except as provided in Chapter 15 of Title 12, any |
|---|
| 1173 | + | probation officer, police officer, or other officer with power |
|---|
| 1174 | + | of arrest, when requested by the probation officer, may arrest |
|---|
| 1208 | | - | remaining probation period or suspension of sentence shall |
|---|
| 1209 | | - | automatically continue upon the defendant's release from |
|---|
| 1210 | | - | confinement. The court may not revoke probation unless the |
|---|
| 1211 | | - | defendant has previously received a total of three periods of |
|---|
| 1212 | | - | confinement pursuant to this subsection. For purposes of |
|---|
| 1213 | | - | revocation, the court may take judicial notice of the three |
|---|
| 1214 | | - | total periods of confinement under this subsection. A |
|---|
| 1215 | | - | defendant shall only receive three total periods of |
|---|
| 1216 | | - | confinement pursuant to this subsection. The maximum 45 day |
|---|
| 1217 | | - | 45-day term of confinement ordered pursuant to this subsection |
|---|
| 1218 | | - | for a felony shall be reduced by any time served in custody |
|---|
| 1219 | | - | prior to the imposition of the period of confinement and shall |
|---|
| 1220 | | - | be credited to the suspended sentence. If the time remaining |
|---|
| 1221 | | - | on the imposed sentence is 45 days or less, the term of |
|---|
| 1222 | | - | confinement may not exceed the remainder of the defendant's |
|---|
| 1223 | | - | sentence. |
|---|
| 1224 | | - | (3) The total time spent in confinement under this |
|---|
| 1225 | | - | subsection may not exceed the term of the defendant's original |
|---|
| 1226 | | - | sentence. |
|---|
| 1227 | | - | (4) Confinement shall be immediate. The court shall |
|---|
| 1228 | | - | ensure that the circuit clerk receives the order revoking |
|---|
| 1229 | | - | probation within five business days. The circuit clerk shall |
|---|
| 1230 | | - | ensure that the Department of Corrections, a county jail, a |
|---|
| 1231 | | - | residential transition center, or a consenting county jail |
|---|
| 1232 | | - | receives necessary transcripts for imposing a period of |
|---|
| 1233 | | - | confinement within five business days of its receipt of the |
|---|
| 1234 | | - | court's order. |
|---|
| 1235 | | - | (5) If a probation violator is presented to a county |
|---|
| 1204 | + | a probationer without a warrant. When an arrest is made |
|---|
| 1205 | + | without a warrant, the arresting officer shall have a written |
|---|
| 1206 | + | statement by the probation officer setting forth that the |
|---|
| 1207 | + | probationer has, in his or her judgment, violated the |
|---|
| 1208 | + | conditions of probation, and the statement shall be sufficient |
|---|
| 1209 | + | warrant for the detention of the probationer in the county |
|---|
| 1210 | + | jail or other appropriate place of detention until the |
|---|
| 1211 | + | probationer is brought before the court. The probation officer |
|---|
| 1212 | + | shall report the arrest and detention to the court and submit |
|---|
| 1213 | + | in writing a report showing in what manner the probationer has |
|---|
| 1214 | + | violated probation. |
|---|
| 1215 | + | (e) After conducting a violation hearing and finding |
|---|
| 1216 | + | sufficient evidence to support a probation violation, the |
|---|
| 1217 | + | court may take any of the following actions: |
|---|
| 1218 | + | (1)a. If the underlying offense was a Class D felony |
|---|
| 1219 | + | and his or her probation is revoked, the incarceration portion |
|---|
| 1220 | + | of any split sentence imposed due to revocation shall be |
|---|
| 1221 | + | limited to two years or one-third of the original suspended |
|---|
| 1222 | + | prison sentence, whichever is less. |
|---|
| 1223 | + | b.(1)a. If the underlying offense was a violent |
|---|
| 1224 | + | offense as defined in Section 12-25-32 and classified as a |
|---|
| 1225 | + | Class A felony, a sex offense pursuant to Section 15-20A-5, or |
|---|
| 1226 | + | aggravated theft by deception pursuant to Section 13A-8-2.1, |
|---|
| 1227 | + | the court shall revoke probation and require the probationer |
|---|
| 1228 | + | to serve the balance of the term for which he or she was |
|---|
| 1229 | + | originally sentenced, or any portion thereof, in a state |
|---|
| 1230 | + | prison facility, calculated from the date of his or her |
|---|
| 1231 | + | rearrest as a delinquent probationer. |
|---|
| 1265 | | - | jail, excluding a consenting county jail designated for this |
|---|
| 1266 | | - | purpose, as provided in Section 14-1-23, for any period of |
|---|
| 1267 | | - | confinement with a serious health condition, if the |
|---|
| 1268 | | - | confinement of the probation violator would create a security |
|---|
| 1269 | | - | risk to the county jail, or if the county jail is near, at, or |
|---|
| 1270 | | - | over capacity, the sheriff may refuse to admit the probation |
|---|
| 1271 | | - | violator. If, while in custody of the county jail, the |
|---|
| 1272 | | - | probation violator develops a serious health condition, if the |
|---|
| 1273 | | - | confinement of the probation violator creates a security risk |
|---|
| 1274 | | - | to the county jail, or if the county jail reaches near, at, or |
|---|
| 1275 | | - | over capacity, the sheriff may release the probation violator |
|---|
| 1276 | | - | upon notification to the probation officer and to the court |
|---|
| 1277 | | - | who has jurisdiction over the probation violator. A sheriff |
|---|
| 1278 | | - | and employees in the county jail shall be immune from |
|---|
| 1279 | | - | liability for exercising discretion pursuant to Section |
|---|
| 1280 | | - | 36-1-12 in refusing to admit a probation violator into the |
|---|
| 1281 | | - | jail or releasing a probation violator from jail pursuant to |
|---|
| 1282 | | - | this subdivision. |
|---|
| 1283 | | - | (f) In lieu of subsections (c) through (e), when a |
|---|
| 1284 | | - | probationer violates his or her probation terms and conditions |
|---|
| 1285 | | - | imposed by the court, his or her probation officer, after an |
|---|
| 1286 | | - | administrative review and approval by the probation officer's |
|---|
| 1287 | | - | supervisor, may impose any of the following sanctions: |
|---|
| 1288 | | - | (1) Mandatory behavioral treatment. |
|---|
| 1289 | | - | (2) Mandatory substance abuse treatment. |
|---|
| 1290 | | - | (3) GPS monitoring. |
|---|
| 1291 | | - | (4) Any other treatment as determined by the court or |
|---|
| 1292 | | - | supervising officer. |
|---|
| 1261 | + | c.b. If the probation violation was for being arrested |
|---|
| 1262 | + | or convicted of a new offense ,or absconding, or failing to |
|---|
| 1263 | + | successfully complete a court supervised, evidence-based |
|---|
| 1264 | + | treatment program, as defined in Section 12-25-32, a court |
|---|
| 1265 | + | ordered faith-based program, or any other court ordered |
|---|
| 1266 | + | rehabilitative program, the court may revoke probation and |
|---|
| 1267 | + | require the probationer to serve the balance of the term for |
|---|
| 1268 | + | which he or she was originally sentenced, or any portion |
|---|
| 1269 | + | thereof, in a state prison facility, calculated from the date |
|---|
| 1270 | + | of his or her rearrest as a delinquent probationer. |
|---|
| 1271 | + | d.c. For all other probationers, the court may impose |
|---|
| 1272 | + | a period of confinement of no more than 45 consecutive days to |
|---|
| 1273 | + | be served in a residential transition center established |
|---|
| 1274 | + | pursuant to Section 15-22-30.1 or a consenting county jail |
|---|
| 1275 | + | designated for this purpose as provided in Section 14-1-23. |
|---|
| 1276 | + | The probationer shall be held in the county jail of the county |
|---|
| 1277 | + | in which the violation occurred while awaiting the revocation |
|---|
| 1278 | + | hearing. The Department of Corrections shall reimburse the |
|---|
| 1279 | + | state mileage rate to the county, as determined by the Alabama |
|---|
| 1280 | + | Comptroller's Office, for any probationer charged with, or |
|---|
| 1281 | + | sanctioned or revoked for, a probation violation and who is |
|---|
| 1282 | + | transferred to or from a Department of Corrections facility or |
|---|
| 1283 | + | to or from a consenting county jail by the county. |
|---|
| 1284 | + | (2) Upon completion of the confinement period, the |
|---|
| 1285 | + | remaining probation period or suspension of sentence shall |
|---|
| 1286 | + | automatically continue upon the defendant's release from |
|---|
| 1287 | + | confinement. The court may not revoke probation unless the |
|---|
| 1288 | + | defendant has previously received a total of three periods of |
|---|
| 1322 | | - | (5) A short period of confinement in the county jail |
|---|
| 1323 | | - | of the county in which the violation occurred. Periods of |
|---|
| 1324 | | - | confinement under this subdivision may not exceed six days per |
|---|
| 1325 | | - | month during any three separate months during the period of |
|---|
| 1326 | | - | probation. The six days per month confinement period may only |
|---|
| 1327 | | - | be imposed as two-day or three-day consecutive periods at any |
|---|
| 1328 | | - | single time. The total periods of confinement may not exceed |
|---|
| 1329 | | - | nine total days. |
|---|
| 1330 | | - | (g)(1) Prior to imposing a sanction pursuant to |
|---|
| 1331 | | - | subsection (f), the probationer must first be presented with a |
|---|
| 1332 | | - | violation report , withcontaining the alleged probation |
|---|
| 1333 | | - | violations and supporting evidence. The probationer shall be |
|---|
| 1334 | | - | advised that he or she has all of the following: |
|---|
| 1335 | | - | a. The right to have a hearing before the court on the |
|---|
| 1336 | | - | alleged violation or violations in person or by electronic |
|---|
| 1337 | | - | means. If a hearing is requested, no probationer shall be held |
|---|
| 1338 | | - | beyond 20 business days of the request. Only requesting |
|---|
| 1339 | | - | probationers posing a threat to public safety or a flight risk |
|---|
| 1340 | | - | shall be arrested while awaiting a hearing. |
|---|
| 1341 | | - | b. The right to present relevant witnesses and |
|---|
| 1342 | | - | documentary evidence. |
|---|
| 1343 | | - | c. The right to retain and have counsel at the hearing |
|---|
| 1344 | | - | and that counsel will be appointed if the probationer is |
|---|
| 1345 | | - | indigent. |
|---|
| 1346 | | - | d. The right to confront and cross examine any adverse |
|---|
| 1347 | | - | witnesses. |
|---|
| 1348 | | - | (2) Upon the signing of a waiver of these rights by |
|---|
| 1349 | | - | the probationer and the supervising probation officer, with |
|---|
| 1318 | + | confinement pursuant to this subsection. For purposes of |
|---|
| 1319 | + | revocation, the court may take judicial notice of the three |
|---|
| 1320 | + | total periods of confinement under this subsection. A |
|---|
| 1321 | + | defendant shall only receive three total periods of |
|---|
| 1322 | + | confinement pursuant to this subsection. The maximum 45 day |
|---|
| 1323 | + | 45-day term of confinement ordered pursuant to this subsection |
|---|
| 1324 | + | for a felony shall be reduced by any time served in custody |
|---|
| 1325 | + | prior to the imposition of the period of confinement and shall |
|---|
| 1326 | + | be credited to the suspended sentence. If the time remaining |
|---|
| 1327 | + | on the imposed sentence is 45 days or less, the term of |
|---|
| 1328 | + | confinement may not exceed the remainder of the defendant's |
|---|
| 1329 | + | sentence. |
|---|
| 1330 | + | (3) The total time spent in confinement under this |
|---|
| 1331 | + | subsection may not exceed the term of the defendant's original |
|---|
| 1332 | + | sentence. |
|---|
| 1333 | + | (4) Confinement shall be immediate. The court shall |
|---|
| 1334 | + | ensure that the circuit clerk receives the order revoking |
|---|
| 1335 | + | probation within five business days. The circuit clerk shall |
|---|
| 1336 | + | ensure that the Department of Corrections, a county jail, a |
|---|
| 1337 | + | residential transition center, or a consenting county jail |
|---|
| 1338 | + | receives necessary transcripts for imposing a period of |
|---|
| 1339 | + | confinement within five business days of its receipt of the |
|---|
| 1340 | + | court's order. |
|---|
| 1341 | + | (5) If a probation violator is presented to a county |
|---|
| 1342 | + | jail, excluding a consenting county jail designated for this |
|---|
| 1343 | + | purpose, as provided in Section 14-1-23, for any period of |
|---|
| 1344 | + | confinement with a serious health condition, if the |
|---|
| 1345 | + | confinement of the probation violator would create a security |
|---|
| 1379 | | - | approval of a supervisor, the probationer may be treated, |
|---|
| 1380 | | - | monitored, or confined for the period recommended in the |
|---|
| 1381 | | - | violation report and designated in the waiver. The probationer |
|---|
| 1382 | | - | may not request a review if he or she has signed a written |
|---|
| 1383 | | - | waiver of rights as provided in this subsection. |
|---|
| 1384 | | - | (h) The board shall adopt guidelines and procedures to |
|---|
| 1385 | | - | implement the requirements of this section, which shall |
|---|
| 1386 | | - | include the requirement of a supervisor's approval prior to a |
|---|
| 1387 | | - | supervising probation officer's exercise of the delegation of |
|---|
| 1388 | | - | authority authorized by subsection (f)." |
|---|
| 1389 | | - | Section 2. Although this bill would have as its purpose |
|---|
| 1390 | | - | or effect the requirement of a new or increased expenditure of |
|---|
| 1391 | | - | local funds, the bill is excluded from further requirements |
|---|
| 1392 | | - | and application under Section 111.05 of the Constitution of |
|---|
| 1393 | | - | Alabama of 2022, because the bill defines a new crime or |
|---|
| 1394 | | - | amends the definition of an existing crime. |
|---|
| 1395 | | - | Section 3. This act shall become effective on July 1, |
|---|
| 1396 | | - | 2023, following its passage and approval by the Governor, or |
|---|
| 1397 | | - | its otherwise becoming law. |
|---|
| 1375 | + | risk to the county jail, or if the county jail is near, at, or |
|---|
| 1376 | + | over capacity, the sheriff may refuse to admit the probation |
|---|
| 1377 | + | violator. If, while in custody of the county jail, the |
|---|
| 1378 | + | probation violator develops a serious health condition, if the |
|---|
| 1379 | + | confinement of the probation violator creates a security risk |
|---|
| 1380 | + | to the county jail, or if the county jail reaches near, at, or |
|---|
| 1381 | + | over capacity, the sheriff may release the probation violator |
|---|
| 1382 | + | upon notification to the probation officer and to the court |
|---|
| 1383 | + | who has jurisdiction over the probation violator. A sheriff |
|---|
| 1384 | + | and employees in the county jail shall be immune from |
|---|
| 1385 | + | liability for exercising discretion pursuant to Section |
|---|
| 1386 | + | 36-1-12 in refusing to admit a probation violator into the |
|---|
| 1387 | + | jail or releasing a probation violator from jail pursuant to |
|---|
| 1388 | + | this subdivision. |
|---|
| 1389 | + | (f) In lieu of subsections (c) through (e), when a |
|---|
| 1390 | + | probationer violates his or her probation terms and conditions |
|---|
| 1391 | + | imposed by the court, his or her probation officer, after an |
|---|
| 1392 | + | administrative review and approval by the probation officer's |
|---|
| 1393 | + | supervisor, may impose any of the following sanctions: |
|---|
| 1394 | + | (1) Mandatory behavioral treatment. |
|---|
| 1395 | + | (2) Mandatory substance abuse treatment. |
|---|
| 1396 | + | (3) GPS monitoring. |
|---|
| 1397 | + | (4) Any other treatment as determined by the court or |
|---|
| 1398 | + | supervising officer. |
|---|
| 1399 | + | (5) A short period of confinement in the county jail |
|---|
| 1400 | + | of the county in which the violation occurred. Periods of |
|---|
| 1401 | + | confinement under this subdivision may not exceed six days per |
|---|
| 1402 | + | month during any three separate months during the period of |
|---|
| 1439 | | - | 700 |
|---|
| 1430 | + | 700 SB198 INTRODUCEDSB198 INTRODUCED |
|---|
| 1431 | + | Page 26 |
|---|
| 1432 | + | probation. The six days per month confinement period may only |
|---|
| 1433 | + | be imposed as two-day or three-day consecutive periods at any |
|---|
| 1434 | + | single time. The total periods of confinement may not exceed |
|---|
| 1435 | + | nine total days. |
|---|
| 1436 | + | (g)(1) Prior to imposing a sanction pursuant to |
|---|
| 1437 | + | subsection (f), the probationer must first be presented with a |
|---|
| 1438 | + | violation report , withcontaining the alleged probation |
|---|
| 1439 | + | violations and supporting evidence. The probationer shall be |
|---|
| 1440 | + | advised that he or she has all of the following: |
|---|
| 1441 | + | a. The right to have a hearing before the court on the |
|---|
| 1442 | + | alleged violation or violations in person or by electronic |
|---|
| 1443 | + | means. If a hearing is requested, no probationer shall be held |
|---|
| 1444 | + | beyond 20 business days of the request. Only requesting |
|---|
| 1445 | + | probationers posing a threat to public safety or a flight risk |
|---|
| 1446 | + | shall be arrested while awaiting a hearing. |
|---|
| 1447 | + | b. The right to present relevant witnesses and |
|---|
| 1448 | + | documentary evidence. |
|---|
| 1449 | + | c. The right to retain and have counsel at the hearing |
|---|
| 1450 | + | and that counsel will be appointed if the probationer is |
|---|
| 1451 | + | indigent. |
|---|
| 1452 | + | d. The right to confront and cross examine any adverse |
|---|
| 1453 | + | witnesses. |
|---|
| 1454 | + | (2) Upon the signing of a waiver of these rights by |
|---|
| 1455 | + | the probationer and the supervising probation officer, with |
|---|
| 1456 | + | approval of a supervisor, the probationer may be treated, |
|---|
| 1457 | + | monitored, or confined for the period recommended in the |
|---|
| 1458 | + | violation report and designated in the waiver. The probationer |
|---|
| 1459 | + | may not request a review if he or she has signed a written |
|---|
| 1480 | + | 721 |
|---|
| 1481 | + | 722 |
|---|
| 1482 | + | 723 |
|---|
| 1483 | + | 724 |
|---|
| 1484 | + | 725 |
|---|
| 1485 | + | 726 |
|---|
| 1486 | + | 727 |
|---|
| 1487 | + | 728 SB198 INTRODUCEDSB198 INTRODUCED |
|---|
| 1488 | + | Page 27 |
|---|
| 1489 | + | waiver of rights as provided in this subsection. |
|---|
| 1490 | + | (h) The board shall adopt guidelines and procedures to |
|---|
| 1491 | + | implement the requirements of this section, which shall |
|---|
| 1492 | + | include the requirement of a supervisor's approval prior to a |
|---|
| 1493 | + | supervising probation officer's exercise of the delegation of |
|---|
| 1494 | + | authority authorized by subsection (f)." |
|---|
| 1495 | + | Section 2. Although this bill would have as its purpose |
|---|
| 1496 | + | or effect the requirement of a new or increased expenditure of |
|---|
| 1497 | + | local funds, the bill is excluded from further requirements |
|---|
| 1498 | + | and application under Section 111.05 of the Constitution of |
|---|
| 1499 | + | Alabama of 2022, because the bill defines a new crime or |
|---|
| 1500 | + | amends the definition of an existing crime. |
|---|
| 1501 | + | Section 3. This act shall become effective on July 1, |
|---|
| 1502 | + | 2023, following its passage and approval by the Governor, or |
|---|
| 1503 | + | its otherwise becoming law. |
|---|
| 1504 | + | 729 |
|---|
| 1505 | + | 730 |
|---|
| 1506 | + | 731 |
|---|
| 1507 | + | 732 |
|---|
| 1508 | + | 733 |
|---|
| 1509 | + | 734 |
|---|
| 1510 | + | 735 |
|---|
| 1511 | + | 736 |
|---|
| 1512 | + | 737 |
|---|
| 1513 | + | 738 |
|---|
| 1514 | + | 739 |
|---|
| 1515 | + | 740 |
|---|
| 1516 | + | 741 |
|---|
| 1517 | + | 742 |
|---|
| 1518 | + | 743 |
|---|