Archives: Judiciary / Model Policies
Archives: Judiciary / Model Policies (page 4)
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Resolution on Limiting the Use of Prolonged Solitary Confinement
WHEREAS, solitary confinement or segregation is typically defined as being confined to a cell for between 22 to 24 hours a day. While this often means a single person in…
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Resolution in Support of Public Defense
Resolution in Support of Public Defense WHEREAS, the United States Constitution guarantees “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the…
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Model Policy on Probation Period Limits
Model Policy on Probation Period Limits Section 1. In imposing an order of probation, the court shall specify at the time of sentencing the length of any term…
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ALEC Model Resolution on Improving Community Supervision Policies and Practices
ALEC Model Resolution on Improving Community Supervision Policies and Practices WHEREAS, probation dates back to England in the Middle Ages and stemmed from a public…
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Collateral Consequences Reduction Act
Collateral Consequences Reduction Act A bill for an act relating to occupational regulations; establishing a process to review criminal record to reduce offenders’ disqualifications from state recognition;…
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Whistleblower Immunity Act
Summary The purpose of this Act is to encourage the exposure of negligent health care providers. This Act limits liability for certain information and safeguards the confidentiality of individuals who…
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Resolution on Protective Orders
WHEREAS, proposals have been put forth in a number of state legislatures that would make it extremely difficult to maintain the confidentiality of sensitive information (e.g., trade…
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Statement of Principles on Philanthropic Freedom
Statement of Principles on Philanthropic Freedom Philanthropy exemplifies the American ideal of private action in the public interest, demonstrating our faith in the capacity of individual citizens not…
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Resolution in Opposition to Legislation Regulating Online Advocacy
WHEREAS, the First Amendment to the United States Constitution protects the right to the freedom of speech, press, assembly, and petition; WHEREAS, the First Amendment’s preservation of free speech, press,…
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Resolution Opposing Unfair Federal Consent Decrees
PURPOSE: To support policy ensuring that federal consent decrees are narrowly drafted, limited in duration, and respectful of state and local interests and policy judgments. WHEREAS, in…
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Resolution on Animal Liability and Guardianship
WHEREAS, individuals historically could not collect non-economic damages in animal litigation, and the existing legal and legislative framework that defines the relationship between livestock producers and their…
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Regulatory Class Action Reform Act
Summary Regulatory class actions—in which plaintiff attorneys seek not only to win large monetary awards, but also to regulate the marketplace and manage relations between regulated firms and consumers—empower private…
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Statement of Principles on Commercial Speech
ALEC recognizes that commercial speech promotes an open society by eliminating arbitrary burdens on speech and is essential for the free flow of information among consumers and private enterprise in…
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Dignity For Incarcerated Women
SUMMARY: An ACT regarding the care of state incarcerated pregnant women, family visitation rights, the access male correctional officers have in correctional facilities where a female inmate may be in…
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An Act to Expand the Contours and Applicability of the Affirmative Defense of “Mistake of Law” In Criminal Cases
Summary: This model policy seeks to expand, in a subset of criminal cases (particularly nonviolent offenses), the applicability of a “mistake of law” defense beyond its current contours, which, in…
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AN ACT TO ESTABLISH THE CRIMINAL CODE RECODIFICATION COMMISSION
Summary: A model policy to address the counterintuitive codification of criminal offenses at the state level by establishing a recodification commission to assemble, and present to the legislature for amendment…
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An Act to End Regulatory Criminalization
Summary: An act to prohibit the creation of criminal offenses not subject to the strictures of bicameralism and presentment. SEC. 1 | DEFINITIONS 1. Regulatory “catchall” provision—A provision in…
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Regulatory Compliance Congruity with Liability Act
Regulatory Compliance Congruity with Liability Act Summary State legislatures and Congress have charged certain government agencies with ensuring that products are…
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Quality Education and Teacher and Principal Protection Act
Section 1. {Title} This act may be known as the “Quality Education and Teacher and Principal Protection Act.” Section 2. {Legislative findings} The Legislature finds that ensuring the quality of…
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Resolution Protecting Online Platforms and Services
WHEREAS, the Internet has created millions of new American jobs and generated billions of dollars in revenue for American businesses; WHEREAS, online platforms enabled users to generate, upload, and share…