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2018 Annual ReportALABAMA SENTENCING COMMISSION

ALABAMASENTENCINGCOMMISSION2018 Report300 Dexter AvenueSuite 2-230Montgomery, Alabama 36104Phone: (334) 954-50991-866-954-9411 ext.5099Fax: (334) 954-2124E-mail: sentencing.commission@alacourt.govWebsite: http://sentencingcommission.alacourt.gov

ALABAMA SENTENCING COMMISSION, 2018

Table of ContentsAcknowledgementsiAlabama Sentencing Commission MembersiiExecutive Committee MembersiiiAdvisory Council MembersiiiCommission StaffivStandards Committee MembersivLetter from ChairmanviiExecutive SummaryixChapter 1: 2017 - Year in Review1Chapter 2: Sentencing Standards Compliance andCriminal Justice Data3

ALABAMA SENTENCING COMMISSION, 2018

AcknowledgementsThe Alabama Sentencing Commission takes this opportunity to extend its sincere appreciation to thevarious criminal justice agencies, departments and state and local officials for the invaluable assistanceand support they have provided to the Sentencing Commission. The successes achieved by the SentencingCommission have been accomplished only because of their consistent dedication, service, and encouragement,which is indicative of the extraordinary collaboration between Alabama’s Executive, Legislative and Judicialbranches for the improvement of Alabama’s Criminal Justice System. The commitment to inter-branchefforts has allowed the Sentencing Commission to focus on its number one priority – public safety.The Sentencing Commission and staff are grateful for the assistance that has been provided by theseindividuals in their commitment to improve public safety in Alabama. Special recognition is extended tothe following individuals and organizations for lending their knowledge, expertise and support to theAlabama Sentencing Commission.Governor Kay IveyChief Justice Lyn StuartDel Marsh, President Pro Tempore, Alabama SenateCam Ward, Chair, Senate Judiciary CommitteeThe Alabama SenateMac McCutcheon, Speaker of the House, Alabama House of RepresentativesJim Hill, Chair, House Judiciary CommitteeMike Jones, Chair, House Rules CommitteeThe Alabama House of RepresentativesJoseph A. Colquitt, Chairman of the Sentencing CommissionRandy Helms, Administrative Director of CourtsAdministrative Office of Courts and staffCourt of Criminal AppealsAlabama Circuit and District Judges’ AssociationsAttorney General Steve MarshallThe Alabama Department of Corrections and staffThe Alabama Board of Pardons and Paroles and staffThe Alabama District Attorneys Association/Office of Prosecution ServicesVictim Advocates; VOCAL, MADD, Angel House, Coalition Against Domestic ViolenceThe National Association of Sentencing CommissionsAlabama Association of Community CorrectionsAlabama Lawyer’s AssociationThe Alabama Criminal Defense Lawyers AssociationThe Association of County CommissionersThe Alabama Sheriff’s AssociationThe Alabama Association of Chiefs of PoliceDr. Tammy Meredith and Dr. John Speir, Applied Research Service, Inc.i

Alabama SentencingCommission MembersAppointed by the Chief Justice of the Supreme CourtRetired Circuit Judge Joseph A. Colquitt, ChairBeasley Professor of Law, University of Alabama School of LawGovernor’s AppointmentsDave White, Senior Policy AdvisorGovernor’s OfficeChris Green, ChairmanBlount County CommissionSteve SearcyVictims’ AdvocateBarbara HoutsVictims’ AdvocateAttorney General AppointmentMichael Dean, Assistant Attorney GeneralPresident of the Alabama District Attorneys’ AssociationAppointmentsEleanor I. Brooks, Supernumerary District AttorneyWalt Merrell, District Attorney, 22nd Judicial CircuitTom Anderson, District Attorney, 12th Judicial CircuitPresident of the Alabama Association of Circuit Court Judges’AppointmentsP.B. McLauchlin, Retired Circuit Judge, 33rd Judicial CircuitTerri Bozeman-Lovell, Circuit Judge, 2nd Judicial CircuitPresident of the Alabama Association of District Court Judges’AppointmentClaude E. Hundley, District Judge, Madison CountyChair of the House Judiciary CommitteeRepresentative Jim Hill, House District 50Chair of the Senate Judiciary CommitteeSenator Cam Ward, Senate District 14Alabama Department of CorrectionsJefferson Dunn, CommissionerAlabama Board of Pardons and Paroles’ AppointmentPhil Bryant, Executive DirectorAppointment by the Chief Justice of the Supreme CourtLou Harris, D.P.A., Faulkner UniversityPresident of the Alabama Lawyers Association AppointmentAngeline Sperling, Esquire, Birmingham, ALALABAMA SENTENCING COMMISSION, 2018ii

President of the Alabama Criminal Defense LawyersAssociation AppointmentJoel Sogol, Esquire, Tuscaloosa, ALSheriff’s Association AppointmentScott Lolley, Sheriff, Choctaw CountyAssociation of Chiefs of Police AppointmentTed Cook, Police Chief, Mountain Brook, ALExecutive CommitteeRetired Circuit Judge Joseph A. ColquittBeasley Professor of Law, University of Alabama School of LawEleanor I. BrooksSupernumerary District AttorneyRetired Circuit Judge P.B. McLauchlin33rd Judicial CircuitJoel Sogol, EsquireTuscaloosa, ALAdvisory CouncilCircuit Judge J. William Cole10th Judicial CircuitEddie Cook, Associate DirectorAlabama Board of Pardons and ParolesDeborah DanielsAlabama Department of Corrections AppointeeTerry DavisChief of Police, Boaz, ALDoris DeaseVictim AdvocateDenis DevaneShepherd’s FoldBill FranklinSheriff, Elmore CountyNelson GregoryChief of Police, Geraldine, ALSteve Lafreniere, Executive DirectorAlabama Department of Youth Servicesiii

Shelly Linderman, Project DirectorVictims of Crime and Leniency (VOCAL)Retired Justice Hugh MaddoxAlabama Supreme CourtChaplin Adolph SouthTuscaloosa, ALJeff Williams, Deputy CommissionerAlabama Department of CorrectionsCommission StaffBennet Wright, Executive DirectorMelisa Morrison, Research AnalystStandards CommitteeBennet Wright, ChairExecutive Director, Alabama Sentencing CommissionDarlene Hutchinson BiehlVictims of Crime and Leniency (VOCAL)Eleanor I. BrooksSupernumerary District AttorneyBeau Brown, General CounselOffice of Prosecution ServicesCircuit Judge J. William Cole10th Judicial CircuitShelly Linderman, Project DirectorVictims of Crime and Leniency (VOCAL)Michael Dean, Asstistant Attorney GeneralOffice of the Attorney GeneralJefferson Dunn, CommissionerAlabama Department of CorrectionsCircuit Judge John England6th Judicial CircuitMicahel Hanle, EsquireBirmingham, ALRalph HendrixUAB Treatment Alternatives to Street Crime (TASC)ALABAMA SENTENCING COMMISSION, 2018iv

Bob Johnston, Assistant District Attorney9th Judicial CircuitCircuit Judge Tim Jolley27th Judicial CircuitJim Hill, ChairHouse Judiciary CommitteeCircuit Judge David Kimberly16th Judicial CircuitJill Lee, District Attorney18th Judicial CircuitAlyia McKee, Public DefenderMontgomery CountyRetired Circuit Judge P. B. McLauchlin33rd Judicial CircuitRichard Minor, District Attorney30th Judicial CircuitCircuit Judge Teresa Pulliam10th Judicial CircuitCircuit Judge Robert Smith13th Judicial CircuitJoel Sogol, EsquireTuscaloosa, ALJoe VanHeest, Public DefenderTuscaloosa CountyBob Williams, Public DefenderShelby Countyv

Mission StatementThe Alabama Sentencing Commission shall work to establish and maintainan effective, fair, and efficient sentencing system for Alabama that enhancespublic safety, provides truth-in-sentencing, avoids unwarranted disparity,retains meaningful judicial discretion, recognizes the most efficient andeffective use of correctional resources, and provides a meaningful array ofsentencing options.ALABAMA SENTENCING COMMISSION, 2018vi

ALABAMA SENTENCING COMMISSIONJoseph A. Colquitt, ChairmanBeasley Professor of LawHonorable Kay Ivey, Governor of AlabamaHonorable Lyn Stuart, Chief Justice of the Alabama Supreme CourtHonorable Steve Marshall, Attorney General, State of AlabamaThe Honorable Members of the Alabama SenateThe Honorable Members of the Alabama House of RepresentativesThe Citizens of AlabamaTom AndersonDistrict Attorney, 12th Judicial CircuitThe Alabama Sentencing Commission’s 2018 Annual Report highlightsthe work of the Commission over the previous year and reports on the activityTerri Bozeman-Lovellin Alabama’s court system with felony convictions. Fulfilling the AlabamaCircuit Judge, 2nd Judicial CircuitSentencing Commission’s statutory obligation, on behalf of the CommissionEllen Brooksmembers and staff, I am proud to present you the Commission’s 2018 AnnualSupernumerary District AttorneyReport.Phil BryantIn the last five years, Alabama’s criminal justice system has experiencedDirector, Bd. of Pardons and Parolestwo very large transformations. Both of these changes have altered felonycriminal sentencing beginning with a transition to presumptive sentencing forTed CookPolice Chief, Mountain Brook, ALselect non-violent offenses in 2013, and then the creation of a new level offelony, changes to the “split” law, and new requirements for how certain offensesMichael Deanare to be sentenced that became effective in 2016.Assistant Attorney GeneralTraining and assisting in the implementation of the large-scale changes toJefferson DunnAlabamacriminal law have been, and continue to be, priorities for the AlabamaCommissioner, Dept. of CorrectionsSentencing Commission in an effort to make the criminal justice system moreChris Greenfair, effective and efficient. Providing educational opportunities for judges,Blount County Commissionprosecutors, defense lawyers, probation and parole officers, communityLou Harriscorrections personnel, and law enforcement across the State remain a priorityFaulkner Universityfor the Alabama Sentencing Commission. Public safety continues to be thenumber one objective and is always the focus of any activity of the Commission.Jim HillHouse Judiciary CommitteeThe successful implementation of any policy rests on quality training for everyoneinvolved, and responding to additional needs for extra educational efforts.Barbara HoutsVictim’s AdvocateThe Commission was pleased to take part in a comprehensive effort toimprovehow data is shared and reported this past year. Commission staffClaude Hundleyspearheadedthis effort bringing together staff from the Alabama DepartmentDistrict Judge, Madison Countyof Corrections, Alabama Board of Pardons and Paroles and the AdministrativeScott LolleyOffice of Courts to discuss best practices to more effectively share criminalSheriff, Choctaw Countyjustice information and report information central to critical pieces of legislation.P. B. McLauchlinAlabama’s persistent struggles with criminal justice and court fundingRetired Circuit Judge, 33rd Judicial Circuitcoupled with the overcrowding issues in the State’s prisons emphasize theWalt Merrellneed to continue an empirical based approach to formulate solutions. TheDistrict Attorney, 22nd Judicial CircuitAlabama Sentencing Commission continues to research and evaluate the State’scriminal justice information to improve the system, and make sure the safety ofSteve SearcyVictim’s Advocatethe public remains the top priority.Joel SogolAlabama Criminal Defense Lawyers Assc.Sincerely,Angeline SperlingAlabama Lawyers AssociationCam WardSenate Judiciary CommitteeDave WhiteGovernor’s OfficeJoseph A. Colquitt, ChairAlabama Sentencing Commissionvii

ALABAMA SENTENCING COMMISSION, 2018viii

Executive SummaryTraining, Implementation and ProgressAlabama has seen two large criminal justice changes in just five years - atransition to presumptive sentencing for non-violent offenses, and omnibuscriminal justice legislation that further changed sentencing law and policy inaddition to vast changes in parole, community supervision, and responses toviolations of community supervision. The Alabama Sentencing Commissioncontinues to train extensively across the State on these important changesto Alabama law and policy and monitor implementation to measureeffectiveness and identify areas that need strengthened.The Commission was proud to be involved in an effort to improve the datareporting process involving the courts, the Department of Corrections andthe Alabama Board of Pardons and Paroles. A new collection of laws andpolices required new data reporting efforts and a review and improvementof existing data systems and the ability to share information. The culminationof this effort was a substantial change to monthly reports published by theAlabama Department of Corrections focused at reporting information onrecent changes to sentencing laws in Alabama. The work of this group willalso help in future data sharing efforts as the State continues to find waysto use data to make criminal justice decisions.Sentencing Standards and Criminal Justice InformationCompliance with the Sentencing Standards remains encouraging. ThePresumptive Standards continue to demonstrate high compliance rates, butoverall compliance for Presumptive and Voluntary Sentencing Standardsreveal a high level of compliance as well. The number of felons convictedin State courts remained the same as the previous year and there havebeen no noticeable changes in the crimes of conviction.Due to a catastrophic computer failure in the summer of 2017, the AlabamaDepartment of Corrections was unable to enter time computation,conviction(s), admission/release type, and most other data related to inmatesentencing. Although the department was able to transition to a new systemand eventually enter the backlog of this data, development of bridgingsoftware necessary to transport this data to the Sentencing Commission isstill on-going. This data is projected to be available Spring 2018.ix

ALABAMA SENTENCING COMMISSION, 2018x

Chapter 1: 2017 - Year in ReviewThe State of Alabama has witnessed major criminal justice reform in ashort period of time. In approximately five years, Alabama has passed twosignificant pieces of criminal justice legislation and seen these laws andpolicies adopted across the State. The Alabama Sentencing Commissionhas been central to the reform efforts of both pieces of major legislationand has spent much of the past five years working to make both successful.Act 2012-473 contained numerous provisions including directing theAlabama Sentencing Commission to make necessary modifications to theSentencing Standards to transition from voluntary sentencing to presumptivesentencing for non-violent offenses October 1, 2013. This shift from completediscretionary sentencing to a more structured sentencing approach was thefirst large piece of criminal justice reform since the advent of the SentencingStandards in 2006. Act 2015-185 was omnibus legislation that not onlymade changes to sentencing laws, but also contained provisions aimed atstrengthening community supervision (probation, parole, and communitycorrections), prioritizing prison space for violent and dangerous offenders,and ensuring supervision for everyone released from prison. Majorprovisions of Act 2015-185 required substantial changes to both thePresumptive and Voluntary Sentencing Standards.Many of the provisions associated with Act 2015-185 had different effectivedates so training early after passage prioritized componentsthat went into effect immediately. The need for training on thePresumptive Sentencing Standards and subsequent changes resultingfrom Act 2015-185 remains and the Alabama Sentencing Commission andthe Board of Pardons and Paroles continue to regularly train and answerquestions on the laws and policies. The changes in the past five years havesubstantially altered the day-to-day jobs of judges, prosecutors, defenselawyers, probation and parole officers, and community corrections personnelacross the State. Training and follow-up trainings, either as refreshers oras training for new hires, remain essential to ensuring the provisions of bothActs are implemented correctly.In the past year, the Alabama Sentencing Commission has invested incontinued training throughout the State implementing major provisions withsentencing and community supervision changes. The omnibus legislation(Act 2015-185) required lengthy trainings that covered many differentcomponents of criminal law and community supervision and responses toviolations of community supervision.Another major accomplishment for the Alabama Sentencing Commission,the Alabama Department of Corrections, the Administrative Office of theCourts, and the Alabama Board of Pardons and Paroles was the work ofthe Data Monitoring and Information Sharing Subcommittee chaired byMelisa Morrison of the Alabama Sentencing Commission. ThisSubcommittee was formed at the direction of the Alabama Criminal JusticeOversight and Implementation Council to monitor implementation ofAct 2015-185. The Subcommittee brought together employees from the1

Chapter 1: 2017 Year in Reviewdifferent agencies mentioned above to develop a plan to effectively measureand report important metrics pertaining to Act 2015-185. The members ofthe subcommittee reviewed voluminous amounts of data and discussedprogramming, data architecture, and information sharing while deliberatingon the best way to modify existing practices. Substantial changes weremade to monthly reports authored by the Alabama Department ofCorrections that capture changes to law pursuant to Act 2015-185including Class D felony information and responses to technical violationsof probation and parole.ALABAMA SENTENCING COMMISSION, 20182

Chapter 2: Sentencing Standards Compliance andCriminal Justice DataThe Commission identified a 4-Stage model used to gauge judicial compliancewith the Initial Voluntary Sentencing Standards1. The first stage in theprocess (Use Compliance) consisted of contacting local practitioners anddetermining how implementation of the Standards was proceeding. Thesecond stage (Submission Compliance) entailed comparing the number ofsubmitted valid worksheets to the number of applicable worksheetsentencing events. The third and fourth stages, In/Out and Sentence LengthCompliance, measured compliance with the dispositional and sentence lengthrecommendations found on the Standards worksheets.For fiscal year 2016, the Commission received valid worksheets in 30percent of applicable cases, but the total number of worksheets receivedwas significantly higher. Numerous issues have been identified that resultedin a significant number of worksheets not being received by the AlabamaSentencing Commission that should have been received and counted asvalid worksheets. Addressing these problems will be a priority ofCommission staff in the coming year.The most common issues resulting in worksheets not being counted asvalid worksheets include electronic submission of worksheets for aconviction offense that is not consistent with the offense of conviction inthe court system database and worksheets received for a less serious offensethan the most serious offense in the court system database. Commissionstaff continue to rectify issues with worksheets that were properly filledout and submitted that are valid worksheets, but were never received bythe Commission due to confidentiality records process between the courtsystem and the Commission. In certain areas of the State, more worksheetsare completed than the total number of worksheet sentencing events becauseworksheets are filled out prior to conviction, and many cases result in someform of pre-trial diversion or are nol prossed or dismissed.Figure 1 displays the fiscal year 2016 number of total received worksheetsand the number of valid received worksheets by county and for the entireState.1For more detailed information about the 4-Stage model and what constitutes avalid worksheet, please see the Commission’s 2009 Annual Report.3

Chapter 2: Sentencing Standards Compliance and Criminal Justice DataFigure 1.Sentencing Standards Worksheets ReceivedOctober 1, 2015-September 30, LABAMA SENTENCING COMMISSION, 1751628910174172218186416426969172770% rksheetsWorksheetsEvents withfor Sentencing for Sentencing Valid .0%0.0%65.1%0.0%66.3%0.0%0.0%63.8%41.2%0.0%0.0%4

Figure 1. (Continued)Sentencing Standards Worksheets ReceivedOctober 1, 2015-September 30, organPerryPickensPikeRandolphRussellShelbySt. 219252726924128414,157% rksheetsWorksheetsEvents withfor Sentencing for Sentencing Valid 0.0%86.9%30.2%9.9%0.0%50.0%0.0%70.2%30.0%5

Chapter 2: Sentencing Standards Compliance and Criminal Justice DataIN/OUT COMPLIANCEFigure 2 is a flowchart displaying the “In/Out” worksheet recommendationsand “In/Out” dispositions for the worksheets for which judicial complianceis reported statewide. This flowchart is organized as follows:Valid Worksheetso Box A - Displays the number of completed and valid worksheetsreceived by the Sentencing Commission used to determine judicialcompliance;Recommended Dispositionso Box B - Displays the number of “In” recommendations from thecompleted worksheets and the percentage of submitted worksheets with aresulting “In” recommendation;o Box C - Displays the number of “Out” recommendations from thecompleted worksheets and the percentage of submitted worksheets with aresulting “Out” recommendation;Imposed Dispositionso Box D - Displays the number of “In” recommendations that receivedan “Out” Disposition. The percentage displayed is the percentage of “In”recommendations that received an “Out” disposition;o Box E - Displays the number of “In” recommendations that receivedan “In” Disposition. The percentage displayed is the percentage of “In”recommendations that received an “In” disposition;oBox F - Displays the number of “Out” recommendations thatreceived an “Out” Disposition. The percentage displayed is the percentageof “Out” recommendations that received an “Out” disposition;oBox G - Displays the number of “Out” recommendationsthat received an “In” Disposition. The percentage displayed is the percentageof “Out” recommendations that received an “In” disposition.Box A shows the starting number of valid worksheets used to report judicialcompliance – 4,199 worksheets. The “In/Out” recommendations reflectthe Prison vs. Non-Prison recommendation based on the total score of the“In/Out” worksheet. An “Out” disposition was recommended in 51 percentof the received worksheets and an “In” disposition was recommended in49 percent of the received worksheets. For those worksheets with an “In”recommendation, an “In” disposition was imposed 88 percent of the time(Box E). For those worksheets with an “Out” recommendation, an“Out” disposition was imposed 80 percent of the time (Box F).ALABAMA SENTENCING COMMISSION, 20186

The shaded boxes (Boxes E and F) indicate sentencing events that were“In/Out” compliant - that is a “prison” sentence was imposed for an“In” recommendation, or a “non-prison” sentence was imposed for an“Out” recommendation2. Figure 3 provides examples of combinations ofworksheet recommendations and case dispositions to show wheresentencing events are categorized on the In/Out flowchart.Figure 2.In/Out Compliance FlowchartAWorksheetsReceived forSentencing Eventsn 4,199CBINRecommendationn 2,04148.6%DOUTDispositionn 890123456789n 56789OUTRecommendationn 6789012345678901234567890n 1234567890GINDispositionn 42219.6%2For the purpose of determining compliance only, an imposed communitycorrections sentence was categorized as In/Out compliant regardless of theworksheet In/Out recommendation (see Figure 3 for examples).7

Chapter 2: Sentencing Standards Compliance and Criminal Justice DataFigure 3.In/Out Compliance estinationIN/OUTCompliantINProbationBox DNoINCommunityCorrectionsBox EYesINJailBox DNoINPrisonBox EYesOUTProbationBox FYesOUTCommunityCorrectionsBox FYesOUTJailBox FYesOUTPrisonBox GNoALABAMA SENTENCING COMMISSION, 20188

Figure 4.Offense Category Compliance FlowchartsAPersonaln 320CBINRecommendationn 22570.3%DOUTRecommendationn 9529.7%FEOUTDispositionn 1234567890123456789012345678901234567890n tion12345678901234567891234567890123456789n 89GINDispositionn 4244.2%AFigure 5.Propertyn 1,796CBINRecommendationn 93552.1%DOUTDispositionn 901234567890123456789012345678901234567890n ationn 78901234567891234567890123456789n 5678901234567891234567890123456789GINDispositionn 15718.2%9

Chapter 2: Sentencing Standards Compliance and Criminal Justice DataFigure 6.Offense Category Compliance Flowcharts (Continued)ADrugsn 2,083CBINRecommendationn 88142.3.%DEOUTDispositionn 90123456789n nn 678901234567890123456789012345678901234567890n onn 22318.6%Figure 4 reports the In/Out compliance for the personal worksheet category,Figure 5 reports the In/Out compliance for the property worksheet category,and Figure 6 reports the In/Out compliance for the drug worksheet category.The Personal worksheet has the highest compliance with“In” recommendations at 89 percent of offenders receiving a prisonsentence for a corresponding “In” recommendation. The Property worksheethad 88 percent compliance with “In” recommendations while the Drugsworksheet had 88 percent compliance with “In” recommendations. ThePersonal worksheet, while having the highest compliance with“In” recommendations, had the lowest compliance with“Out” recommendations at 56 percent. The Property and Drugs worksheetshad 82 and 81 percent compliance with “Out” recommendations,respectively.ALABAMA SENTENCING COMMISSION, 201810

Race & Gender Compliance ChartsFigures 7 and 8 provide statewide compliance with the Sentencing Standardsby race and gender, respectively. Compliance data with the Standardsshow similar compliance rates for Black and White offenders. The “Other”category consists of a small number (n 39) of offenders representingnumerous racial groups. While no large disparity is found in the compliancefigures controlling for race, the overall compliance percentage for femalesis higher than for males.Figure 7.RaceOverallIn/OutBlack74.0%85.7%n 1,764White75.7%83.3%n 2,396Other79.5%82.1%n 39Figure 8.GenderOverallIn/OutFemale80.8%85.6%n 882Male73.5%84.0%n 3,31711

Chapter 2: Sentencing Standards Compliance and Criminal Justice DataSENTENCE LENGTH COMPLIANCESentence Length compliance is measured by comparing the term(s) ofconfinement to the recommended term(s) of confinement found on theSentence Length sentencing worksheet. For an imposed direct/straightprison sentence, the length of imposed confinement is compared to the“straight” recommended sentence range found on the Sentence Lengthworksheet. For an imposed split sentence, the split portion and the totalsentence lengths a

Chris Green, Chairman Blount County Commission Steve Searcy Victims’ Advocate Barbara Houts Victims’ Advocate Attorney General Appointment Michael Dean, Assistant Attorney General President of the Alabama District Attorneys’ Association Appointments Eleanor I. Brooks, Supernumerary District Attorney Walt Merrell, District Attorney, 22 nd .

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