Hard Time - a Return to Mandatory Minimums
| Publication year | 2023 |
| Pages | 0202 |
There is a new law that prosecutors and practitioners need to be aware of. On April 6, 2023, Governor Ivey signed into law Act 2023-004 which provides for a minimum mandatory term of imprisonment for those convicted of trafficking in fentanyl. Before delving into the specifics of this new law, some history of mandatory minimums for drug trafficking might be helpful.
For decades, Alabama prosecutors had mandatory minimums as a useful tool under Alabama's drug trafficking statute. From the view of a prosecutor, mandatory minimums are important when the evidence is compelling, such as when there are videos, confessions, or fingerprints. Weaker evidence, however, can force a case to trial that should otherwise be settled on a term of probation. Short of reducing a charge, a practice disfavored in some circuits, a trial is sometimes the only viable alternative when mandatory minimums are at play.
The drug trafficking statute, Ala. Code §13A-12-231 (1975), establishes the various mandatory minimums for drug trafficking crimes. Section 13A-12-232 (a) makes clear that sentences under the drug trafficking statute are to be served in prison:
Notwithstanding the provisions of Chapter 22, Title 15, or any other provision of law, with respect to any person who is found to have violated Section 13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for any type of parole, probation, work release, supervised intensive restitution program, release because of deduction from sentence for good behavior under corrections incentive time act or any other program, furlough, pass, leave, or any other type of early, conditional, or temporary release program, nor shall such person be permitted to leave the penitentiary for any reason whatsoever except for necessary court appearances and for necessary medical treatment, prior to serving the mandatory minimum term of imprisonment prescribed in this article or 15 years, whichever is less. Nothing contained in this section shall be construed in any way to render any inmate eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type or early, conditional, or temporary release program of any type to which the inmate is not otherwise eligible under other provision of law. Nor shall anything in this...
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