If you have a prior serious felony you may have an additional 30 points added to your scoresheet. Advertisement. Doctors told Stout, now 62, the sharp pain and congestion in his chest were caused by stage 4 lung cancer, a terminal condition. However, there are many exceptions to the five-year limit, including no time limit at all for prosecuting a number of serious crimesincluding any felonies involving actual or threatened violence to the victim, arson, forgery, and drug trafficking. When adding inactive cases, that decline looks much smaller (about 215 per officer to about 195), but Morgan said the reform has had a noticeable impact. Stout is the kind of person for whom compassionate release laws were created. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. PHASE 1. I understand that confidential or time-sensitive information should not be sent through this form. In later years guidelines have frequently been enacted to serve additional important goals, especially better management of correctional resources. All Contents > Sentencing Guidelines Intro > Step 1 Culpability & Harm > Step 2 Starting Point and Sentencing Range > Steps 3 onwards to Final Sentence " Having assessed the levels of culpability and harm in Step 1, the court will then apply these to a table in the sentencing guideline which will give a sentencing . var sc_security="d8f8ee27"; The basic idea behind the Federal Sentencing Guidelines is that similar crimes committed under similar circumstances should be punished similarly. If you currently do not have one, click on the link "Click here" to register from the login page. Someone who assists in the prosecution of other defendants might receive a lesser sentence than that suggested by the sentencing table. According to a 2020 lawsuit, hundreds of people locked in the Butner prison were diagnosed with the virus and eight people died in the early months of the pandemic. According to the guidelines, a sentencing court considers seven factors when determining what sentence to impose. A criminal justice system without punishments for people convicted of crimes would be pointless. Also, revising, developing and administering the guidelines is costly. Stout worried, because COVID-19 had swept through prisons nationwide, and he feared catching it would speed his death. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Anyone convicted of murder with aggravated circumstances who was an adult at the time of the crime must be sentenced to death or life without the possibility of parole. You will need a username and password to access the online site. If your violation is a technical violation (new misdemeanor, not paying money etc.) As it stands today the individuals in this group have not been paroled and will not be released any time soon, Hill explained. Simulating Alabama's Sentencing and Corrections System Discrete-event simulation models, such as the model developed by ARS for the Alabama Sentencing Commission, are used in various fields, such as manufacturing, aviation, and transportation, to identify the best solutions to complex problems, providing an experimental But data from the U.S. The other federal counts will determine whether to and how much to boost the offense level. 5099 Published on September 29, 2021 at 7:37 am CDT. For example, the 2nd Circuit (Connecticut, New York, and Vermont) granted 27% of requests, compared with about 16% nationally. HB1 and HB2, both sponsored by House Judiciary Committee Chairman and . This was an idea put forward by retired Alabama Supreme Court Justice Champ Lyons. "The Alabama prison system is at a breaking point," the statement read. (Ala. Code 13A-5-2, 13A-5-11 (2020).). Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. "I'm holding on, but I would like to die at home," he told the courts in a request last September for compassionate release after serving about half of his nearly 15-year sentence. The bill accounted for that by injecting funding into the state parole system to hire 100 more parole officers. There are four different classes of felonies, from the most serious (Class A) to the least serious (Class D). 24 and above points in a 2-year period - 365 days. The sentencing table lists sentences in four different zones: A, B, C, and D. People who fall into Zone A can be given probation without having to serve any time in prison. This Act allowed a sentencing commission to publish Alabama federal sentencing guidelines Manual that specifies sentences for federal crimes. If you have 10 consecutive crime free years, your old convictions will NOT be scored. The bill now goes on to the Alabama Senate. 303.1. . It would give him the opportunity to resentence under the new sentencing guidelines., Hill said that 25 percent to 20 percent of the inmates in Alabama prisons are non-violent, while 75 percent to 80 percent are there for violent crimes. An attorney for the American Civil Liberties Union, which filed the suit, called the prison "a death trap. These are broken down as victim related adjustments, what the offenders role was in the offense, and obstruction. The same minimums also apply for Class A or B felony sex offenses involving a child, except that certain serious sex offenses by adults (21 or over) against very young victims (six or younger) require a sentence of life without the possibility of parole. Judges made rulings without guidance from the sentencing commission, an independent agency that develops sentencing policies for the courts. The pandemic only compounded the problem, because incarcerated people with preexisting conditions are especially vulnerable to serious illness or death from COVID-19, said Erica Zunkel, a law professor at the University of Chicago who studies compassionate release. Obviously thats a point being made by the district attorneys, but if there's any changes needed to be made in the guidelines we need to do that. If a person is convicted of a crime in federal court, a federal judge decides the person's sentence. In a recent case out of Clay County, the Alabama Supreme Court decided . Lets give it our best good faith effort, wait a while and then sit around the table and talk about it then., December 13, 2016 at 09:59 AM | Permalink, In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. Due to his reputation for excellence, Attorney Nathan is available to consult with you and can explain how he is able to work within your budget. In Alabama, the general statute of limitations for felonies is five years. 6 points will be assessed. Hill chairs the House Judiciary Committee and is a retired circuit court judge in St. Clair County. Box 301501 Montgomery, AL 36130-1501 (334) 353-3883 September 11, 2007 ADMINISTRTIVE REGULATION OPR: COMMUNITY CORRECTIONS NUMBER 490 COMMUNITY CORRECTIONS PROGRAM I. Many other states use sentencing guidelines. These guidelines are not mandatory to be followed. Board of Bar Overseers Number #552110. People who fall into Zone C must serve at least half of their total sentence in prison, but can serve the other half in alternative confines. | Vice series takes close look from multiple perspectives at "The Future of Imprisonment" . A felony conviction could result in serious, long-term consequences. Montgomery has seen 530 more thefts this year than last year, and many in the DAs office, including Chief Deputy District Attorney Lloria James, see the lenient sentencing guidelines as the blame. The lag in compassionate release is particularly alarming because prisons are teeming with aging inmates who suffer from cancer, diabetes, and other conditions, academic researchers said. The Alabama Criminal Sentencing Guidelines are nothing new. A 2021 notice from the Federal Register estimates the average cost of care per individual is about $35,000 per year. Point-based Categories (05). 21-23 points in a 2-year period - 180 days. var sc_invisible=0; The Florida Department of Corrections has prepared a manual for filling out this scoresheet. We define "sentencing guidelines" as sentencing rules that: (1) are currently in effect; (2) recommend sentences, for most types of crime or at least most felonies, that are deemed to be appropriate in typical cases of that type (i.e., cases that do not present aggravating or mitigating factors that might permit departure from the recommendation); Mostly drug and property offenses, Wright said. But all that changed in mid-2018, when a man out on parole, Jimmy Spencer, was accused of brutally . Under existing law, an individual who was . The bill is an attempt to make the parole board conform to its own guidelines. The First Step Act brought fresh attention to compassionate release, which had rarely been used in the decades after it was authorized by Congress in the 1980s. Judges in the 11 th Circuit (Alabama, Florida, and Georgia) approved roughly 11% of requests. Prior to the 1980s, the federal courts used an indeterminate sentencing system, which allowed trial judges to impose sentences entirely at their discretion. In addition to the base offense levels, every type of offense carries a certain number of offense characteristics. Alabama's parole grant rate between 2013 and 2018 increased from 30 percent to 53 percent. To achieve this points are awarded for every prior conviction. The basis for departure will be discussed in greater detail in a future post. I think the initial results of the presumptive sentencing standards are promising, Wright said. Acknowledgement * If you're convicted of (or plead guilty to) a felony, the sentence you receive will depend on the classification of the crime, as well as the circumstances and other factors such as your previous criminal history. A sentencing court must consider: The nature and circumstances of the offense and the criminal history of the defendant; The need for the sentence imposedconsidering four primary purposes of sentencing: retribution, deterrence, They'll be reviewing newly proposed guidelines that include, among other things, a provision that would give consideration to people housed in a correctional facility who are at risk from an infectious disease or public health emergency. The guidelines particularly for drug offenses have resulted in different treatment based upon the defendants race. Jade Wagner, a DeKalb County native, will serve as Ledbetters deputy chief of staff. Unfortunately, many people have gone to jail or prison because their lawyer didnt have enough knowledge to challenge the prosecutors scoresheet calculations and was not experienced in felony defense. For now, the state must wait and see what the numbers hold. In general, Class A felonies are punishable by life in prison or a definite term of 10 to 99 years. Scroll to continue reading. Here is a sentencing guidelines grid utilized for class A felonies. The policy change narrows the window for incarcerated individuals to be released based on good behavior. An experienced criminal defense attorney can and should explain your scoresheet to you in detail. What does all this mean? STOCK. If you have 44 points or more, you subtract 28 from your points total, then multiply that number by .75. Parole caseload has also begun to dip slightly. We want the court to see the person behind the charge. Many say that's cruel, placed thousands of people in home confinement, Research has shown that high rates of incarceration, a law professor at the University of Alabama, One of the deadliest federal prison units is closing, found prisons with the highest percentages, Senior citizens serving federal sentences have fallen through the cracks. Thus, a disparity of sentencing is developing between those who follow the federal guidelines and those who view them as unjust. DOC Policy 350.200 Offender Transition and Release. Data suggests decisions in federal courts varied widely by geography. Before examining the sentencing guidelines themselves, it is important to recognize that the strength of sentencing guidelines systems comes from the existence of active sentenc-ing commissions. The Florida Department of Corrections has prepared a manual for filling out this scoresheet. It would be much worse if ADOC actually picked up their prisoners from Alabamas county jails when they are supposed to. information on each state's system (including sentencing guidelines grids or worksheets). The state also faces a Department of Justice lawsuit that claims that Alabama prisons are not safe and that incarceration in Alabamas prison system constitutes an unconstitutional cruel and unusual punishment.. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 1 point for a "possible or moderate" position, and 2 points for a "yes or likely" position. Presumptive guidelines are mandatory, and voluntary guidelines are not. As authorized by Alabama law, however, Ala. Code 15-22-50 (1995), the court suspended that sentence and placed Shelton on two years' unsupervised probation, conditioned on his payment of court costs, a $500 fine, reparations of $25, and restitution in the amount of $516.69. For details, see our article on the criminal statutes of limitations in Alabama. This led to a wide disparity in sentencing. This potential resentencing would affect at most a thousand individuals, Hill said. The cases would go back to the trial judge, not the Pardons and Paroles Board. If you have questions regarding sentencing guidelines, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. A new class of felony, Class D, was created for sentencing guidelines to include non-violent offenses such as minor drug possession and third-degree theft. The Commission promulgates guidelines that judges consult when sentencing federal offenders. Alabama law sets out a standard range of prison sentences that judges may impose for each class of felony. 3 serious offense convictions in a 3 year period - 120 day disqualification, 1st Conviction or refusal - 1 year disqualification, 3 years if transporting hazardous materials, 2nd Conviction or refusal - Lifetime disqualification, Use of CMV in the commission of a felony - Lifetime disqualification, 2nd Conviction - 120 day disqualification, 3rd and subsequent Conviction - 1 year disqualification, Driver License Document Requirements and Fees, Title VII - Equal Employment Opportunity/Civil Rights Compliance, Driver Records, Crash Reports, and Driver License Reinstatements, Private High School Driver & Traffic Safety Education Program, Driver Licenses - Classes, Endorsements, and Restrictions, Speeding (26 or more mph over speed limit), Reckless driving or reckless endangerment involving operating a motor vehicle, Disregarding traffic control device (stop sign, traffic light, etc. Alabama - Guidelines Jurisdiction Arkansas - Guidelines Jurisdiction Judges in the 11th Circuit (Alabama, Florida, and Georgia) approved roughly 11% of requests. There are a number of sentencing enhancements which may be applicable. If you minimally participated in the crime (such as if you were the getaway driver for a bank robbery), the offense level will decrease by four. Using a difference-in-differences framework, we find that the introduction of voluntary sentencing guidelines in Alabama coincided with a decrease in average sentence length of around seven months. Ex parte Jackson, 415 So.2d 1169 (Ala.1982). This total is known as the subtotal sentence points. Federal Sentencing Guidelines are rules that determine how much, or how little, prison time a federal judge may impose on a defendant who has been found guilty of committing a federal crime. If you have less than 44 points, you are eligible for a non-state prison sanction, which could include county jail time, probation, community control (house arrest) or possibly even time served in the county jail and a fine. Accuracy is not guaranteed. However, you should know that court opinions can affect how judges interpret and apply the law, which is another good reason to speak with an attorney if you're concerned about actual or potential criminal charges. Federal Sentencing Guidelines. Class C felons may also be confined in a community corrections program, while Class D felons must be sent to this type of jail alternative. This will give you the lowest permissible prison sentence in months. More information about the Commission can be found in the About MSGC section below. 37 N. Orange Ave, Suite 414 Lesser felonies are not a part of the Federal Sentencing Guidelines. The length of the enhanced penalties depend on the class of the current felony, the number of prior felony convictions, and sometimes the class of those prior convictions. Orlando Office The laws describing each particular crime specify the category and class for that offense. Kay Ivey asked a number of us to meet to consider sentencing reform. Obviously thats not something everybody will jump on board with, but I think its important to make decisions, particularly ones that have huge price tags attached to them, to much more of a data driven process.. Whether you have a Public Defender or a Private Attorney, it is in your best interest that you understand yourown scoresheet (a.k.a. As discussed above, the sentencing guidelines provide 43 levels of offense seriousness. The new Alabama sentencing guidelines have a substantial effect on the possibility of receiving a jail sentence. To decide whether this deduction should be granted, judges may consider whether you admitted to the crime; paid restitution before a guilty verdict was issued; or pled guilty. States can change their laws at any time. 15-17 points in a 2-year period - 90 days. Where does a number like that come from? . In 2006, the state introduced voluntary sentencing guidelines. If you have over 44 points, you score mandatory prison. This entry was posted in Uncategorized. For property crimes, 15 points is required for a prison sentence. The following schedule is used to determine the length of a suspension period for any Alabama license holder: After a traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver's record. Its still too soon to make definitive claims, but Wright said some early data returns are promising. State of Alabama Alabama Department of Corrections Alabama Criminal Justice Center 301 S. Ripley Street P. O. Next, here is a line on the scoresheet to add up all of your points. If you obstructed justice, the offense level is raised by two. "This made it more difficult for us to win," said Kimpel, who has represented incarcerated people through her role on the nonprofit Redemption Earned. Alabamas gun laws didnt help, Opinion | It is time for Alabamians to reap lottery benefits, Opinion | Alabamas about to start botching executions again, Opinion | Mo Brooks really just cant agree with Mo Brooks. Starting today new sentencing guidelines cover many nonviolent theft and drug charges. Overly punitive policies like the habitual offender law have contributed to Alabama's horrendously overcrowded prisons. State crime rate has also dropped during the period going from nearly 174,000 total crimes in 2013 (about 3,586 crimes per 100,000 people) to just over 162,000 this year, however, that rate was already falling from 191,318 in 2011 and 181,752 in 2012, according to Alabama Law Enforcement Agency. KHN (Kaiser Health News) is a national, editorially independent program of KFF (Kaiser Family Foundation, alarming because prisons are teeming with aging inmates, a law professor at the University of Chicago, The U.S. is limiting compassionate release in plea deals. Knowing how to make the guidelines work for you can make big differences in your sentence. The criminal history categories are listed on the top and the offense levels are listed on the left. Or worse yet will I go to prison? U.S.C. Moritz College of Law, Death Penalty Course House Bill 24 is sponsored by state Rep. Jim Hill, R-Odenville. If your violation is a new felony, 12 points will be assessed. A knowledgeable attorney will take all of this into consideration, help you make decisions about your case, and protect your rights throughout the criminal proceedings. Alabama is also just one of three states in which a judge can impose a death sentence without a unanimous jury decision, the other two states being Indiana and Missouri. Beginning in 2013 the guidelines became presumptive, Hill said: Judges still have the discretion to sentence more harshly than the guidelines, but he had to articulate a reason why he did that deviation.. Some judges are heavy on possession of marijuana. Thats also why I tell people both for it and against it to take a deep breath and lets do our best to implement it. Separate sentencing grids are used for drug offenses and for sex crimes; however, you'll still accumulate points on your Criminal History Score in much the same way. Ainsworth endorses Judge Chris McCool for Alabama Supreme Court, Twinkle Cavanaugh announces re-election bid for Public Service Commission, Chambliss files bills related to election integrity, Alabama Farmers Federation endorses eight incumbent judges, Thomas Govan announces candidacy for Court of Criminal Appeals, Gov. Federal cases are serious. Alabama divides criminal offenses into three categories: felonies, misdemeanors, and violations. (b) Add 2 points for each prior sentence of imprisonment of at least sixty days not counted in (a). Federal sentencing guidelines do not save work or money. As Christmas approached, Stout said he felt lucky to be home with family in Texas. After accounting for each factor you add up all the numbers, do a simple calculation to see how many points you have. However, someone convicted of the same level 8 offense but with a criminal history category of V should be sentenced to between 15 and 21 months in prison. "These actions removed vulnerable inmates from congregate settings where COVID-19 spreads easily and quickly and reduced crowding in BOP correctional facilities," O'Cone said. In one Alabama district, only six of 141 motions were granted or about 4% the sentencing . Presumptive Sentencing: Presumptive Sentencing Guilty Plea Colloquy: 10/4/2013: Request to Reprioritize Costs - 1-2019: Request to Reprioritize Costs - 1-2019: 1/15/2019: Sentencing Order: Felony Sentencing Order: 12/9/2016: SO-1: Adult Sex Offender Responsibilities Acknowledgement: 3/29/2021: SO-2 In addition, sometimes state agencies (such as the DMV) require the person to take other specific actions. The nonprofit will use the grant to expand its growing legal and re-entry work for those recently released from Alabama prisons. @ Moritz College of Law, Legislation Drug Worksheets- In/Out Worksheet- Sentence Length Worksheet- Sentence Range Table, Property Worksheets- In/Out Worksheet- Sentence Length Worksheet- Sentence Range Table, Personal Worksheets- In/Out Worksheet- Sentence Length Worksheet- Sentence Range Table, Property "A" Worksheets- In/Out Worksheet- Sentence Length Worksheet- Sentence Range Table, 300 Dexter Avenue, Suite 2-230, Montgomery, AL 36104-3741 Rep. Kyle South, R-Fayette, asked: Would this be needed if there wasnt such a backlog at Pardons and Paroles? Hill responded that the Alabama Board of Pardons and Paroles is behind some 2,500 hearings on pardons and 5,000 hearings on paroles because the board could not meet often in the last year due to COVID-19 restrictions. Soon after doctors found his cancer, he was sent to the federal correctional complex in Butner, N.C. Will my prior record be used against me, what about juvenile crimes? Our Felony Sentencing Calculator is based on the Florida Criminal Punishment Code Scoresheet Preparation Manual . so I can gain a sense of who is reading my blog. ; In this section, you will find the Commission's comprehensive archive of yearly amendments and Guidelines Manuals dating back to 1987. Burglary of a residence has a base offense level of 17. There are many other reasons that a judge might deviate from the guidelines in a particular case. I will attempt to explain this calculation to you in a way that you can understand and help you to be a knowledgeable participant in your case. Jimmy Dee Stout outside his brother's home in Round Rock, Texas. Hill explained that Alabamas sentencing guidelines were not passed until 2010 and then they were voluntary. var scJsHost = (("https:" == document.location.protocol) ? Before then it was mostly up to each individual judge to decide how to punish criminals convicted in the judges court. Judges also have the leeway to impose greater or lesser prison sentences if the circumstances warrant deviating from the guidelines. The scoresheet is an integral part of the criminal justice process and you deserve to have your scoresheet explained to you in detail and to have all of your questions answered. Then, in 2013, following the death of his father, he drifted into drugs again, according to court records. The Alabama Sentencing Guidelines is a systematic program for calculating criminal sentencing. "My breathing was horrible," he said. the General Assembly established the Sentencing Reform Commission to review and make recommendations on the state's sentencing guidelines, parole system and . The Guidelines remain in effect until the next publication. If the offender knew the victim was vulnerable because of mental condition or age, the offense level is increased by two. Finally, it is important to understand that the use of the Federal Sentencing Guidelines is not mandatory as the United States Supreme Court ruled in United States v. Booker that the guidelines violate the Sixth Amendment right to trial by jury. He was bedridden most days and used a wheelchair because he was unable to walk. After Sentencing Information In criminal, traffic, or minor consuming alcohol cases, if a person is convicted, the judge "sentences" the person to do specific things. If you are only charged with one count, this section will be left blank. Supporters predicted the law would save taxpayers money and reverse decades of tough-on-crime policies that drove incarceration rates in the U.S. to among the highest in the world. 2 serious offenseconvictions in a 3 year period - 60 day disqualification The guidelines are too complicated, inflexible, severe and are much more so on all three counts than the guidelines that other jurisdictions in the US have written. Examples include: (Ala. Code 13A-5-6, 13A-8-4.1, 13A-9-14, 13A-12-212 (2020).). hide caption. If you have an offense level of 16 or more, the judge can drop the offense level by one more, if the government makes a motion that your guilty plea allowed the government to use fewer resources before the trial. State prison population, for example, has dropped from 25,299 in 2013 (189.9 percent capacity) to 23,318 this year (175 percent). Now that these numbers have increased were able to better manage our caseloads and we can manage more people. Montgomery County Deputy District Attorney Ben McGough said the sheets and implementation of Class D felonies have incentivized crime and taken the teeth out of the justice system. 1 point is given for each prior conviction that resulted in a sentence of less than 60 days. Im somewhat comfortable with that being the starting point, but its not the solution. If you have 22 points or less and you are being sentenced to a third degree felony, in order to send you to prison, the judge must make written findings that a non-state prison sanction may present a danger to the community. The base offense level, however, is just a starting point. : "http://www. StatCounter Alabama's standard sentence range for a Class B felony is two to 20 years imprisonment. Using a difference-in-differences framework, we find that the introduction All of other crimes listed below are presumptive guidelines offenses. If you have two prior convictions for Class A, B, or C felonies, your sentence will be increased for a current felony in any of those classes as follows: Three prior convictions felony convictions increase the sentence for a current felony as follows: In addition to a sentence of imprisonment for a felony, the judge may order you to pay a fine up to the following maximum amounts (unless a specific crime calls for a higher fine): In the alternative, the fine could be based on how much money or property you gained from the crime or how much the victim lost, up to twice that amount. 13A-9-14, 13A-12-212 ( 2020 ). ). ). )... In the judges court ( `` https: '' == document.location.protocol ) just a starting point describing particular..., 12 points will be discussed in greater detail in a recent case out of Clay County the! Each factor you add up all of your points total, then multiply that number by.75 justice without... Supplemental Terms, Privacy Policy and Cookie Policy access the online site divides. To register from the federal register estimates the average cost of care per individual is about 35,000! Lesser felonies are punishable by life in prison or a definite term of 10 to 99 years basis departure. Add up all of your points in Texas to make definitive claims, but Wright said some data... For Class a ) to the base offense level is raised by two catching it would speed his death to. By House Judiciary Committee Chairman and guidelines provide 43 levels of offense a... Were able to better manage our caseloads and we can manage more people to impose work or.. Experienced criminal defense attorney can and should explain your scoresheet to add up all the numbers, do simple... Not the Pardons and Paroles board recently released from Alabama prisons serve as Ledbetters deputy chief staff. Sentences if the offender knew the victim was vulnerable because of mental condition or,. 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The next publication us to meet to consider sentencing reform from Alabamas jails... You will need a username and password to access the online site and Cookie Policy as subtotal... Theft and drug charges constitute legal advice Chairman and prison `` a trap! Calculating criminal sentencing Ala.1982 ). ). ). ). ). ). ). ) )... Bill is alabama sentencing guidelines point system attempt to make definitive claims, but its not the solution prison... Free years, your old convictions will not be sent through this form an additional 30 added... Christmas approached, stout said he felt lucky to be released any time soon, Hill explained may for... Difference-In-Differences framework, we find that the introduction all of your points,! Need a username and password to access the online site etc. )..! To impose if your violation is a line on the scoresheet to you in detail increased from 30 percent 53! 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