126259-2:n:03/02/2011:KBH/ll LRS2011-833R1
| SYNOPSIS: | This bill would allow judges upon a verdict or plea of guilty by a first time felony defendant to defer further proceedings and place the defendant on probation as otherwise provided by law or sentence the defendant to a period of confinement not to exceed three years in a prison, jail-type, or treatment institution. |
| This bill would provide that if the defendant successfully completes the terms of probation, including any term of confinement ordered by the court, the defendant's case would be discharged and his or her criminal record would be sealed. |
To establish the "First Time Felony Offender Act"; to allow defendants without a prior felony conviction or youthful offender adjudication to apply for special status as a first offender; and to provide that if a first offender status is granted to a defendant by the sentencing judge, and he or she successfully completes the terms of probation, including any term of confinement ordered by the court, the defendant's case would be discharged and his or her criminal record would be sealed.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A person charged with a crime, other than capital murder or a Class A felony, committed after he or she reaches the age of majority which involves moral turpitude or is subject to a sentence of commitment for one year or more who has no previous felony conviction or youthful offender adjudication may be investigated and examined by the court to determine whether he or she should be tried as a first offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to him or her. If the defendant consents and the court so decides, no further action shall be taken on the complaint, indictment, or information unless otherwise ordered by the court as provided in subsection (b).
(b) After an investigation and examination conducted under subsection (a), the court, upon taking into consideration the nature of the offense, may do either of the following:
(1) Direct that the defendant be arraigned as a first offender and that no further action be taken on the complaint, indictment, or information.
(2) Decide that the defendant shall not be arraigned as a first offender, whereupon the complaint, indictment, or information shall be deemed filed.
(c) Any offender who has been previously adjudicated as a youthful offender may not be considered as a first offender under this act.
Section 2. It shall be the duty of all probation officers of the State of Alabama to make such investigations for the court as requested by the court for the purpose of determining whether or not the person shall be charged as a first offender.
Section 3. The trial of first offenders and proceedings involving them shall be conducted at court sessions separate from those for other defendants charged with a crime.
Section 4. If a defendant does not plead guilty, the trial of the charge as a first offender shall be before the judge without a jury.
Section 5. No statement, admission, or confession made by a defendant to the court or to any officer thereof during the examination and investigation referred to in Section 1 shall be admissible as evidence against him or her or his or her interest. Notwithstanding the foregoing, the court may take such statement, admission, or confession into consideration at the time of sentencing after the defendant has been found guilty of a crime or adjudged a first offender.
Section 6. (a) If a person is adjudged a first offender and the underlying charge is a felony, the court shall do any of the following:
(1) Suspend the imposition or execution of a sentence with or without probation.
(2) Place the defendant on probation for a period not to exceed three years.
(3) Impose a fine as provided by law for the offense with or without probation or commitment.
(4) Commit the defendant to the custody of the county jail or Department of Corrections for a term of three years or less.
(b) Where a sentence of fine is not otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized in this section, the court may impose a fine of not more than seven thousand five hundred dollars ($7,500). In imposing a fine, the court may authorize its payment in installments.
(c) In placing a defendant on probation, the court shall direct that he or she be placed under the supervision of the appropriate probation or community corrections agency.
(d) If the underlying charge is a misdemeanor, a person adjudged a first offender may be sentenced as otherwise provided by law for such misdemeanor. Where a sentence of fine is not otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized by law, the court may impose a fine of not more than three thousand dollars ($3,000). In imposing a fine, the court may authorize its payment in installments.
Section 7. (a) No determination made under this act shall disqualify any first offender for public office or public employment, operate as a forfeiture of any right or privilege, or make him or her ineligible to receive any license granted by public authority.
(b) The fingerprints and photographs and other records of a person adjudged a first offender shall not be open to public inspection unless the court permits the inspection of the papers or records.
(c) The Alabama Sentencing Commission shall have access to all case information pertaining to first offender adjudications for data analysis purposes.
Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.