The Legislature ended its regular session May 17 without taking any action on the guidelines, which keeps them from taking effect.

But proponents aren't giving up.

"Ultimately we're going to have to change the policy," Gov. Bob Riley said.

Members of the Alabama Sentencing Commission, which developed the guidelines, said they will try again in the next legislative session, whether that's a special session later this year or the regular session that starts in February 2005.

"If people get behind them and use them, they would achieve a wiser use of limited prison resources," said Stephen Glassroth, a criminal defense lawyer in Montgomery and a member of the Sentencing Commission.

Riley said he is considering calling a special session later this year to address government accountability and health care costs, and the Sentencing Commission guidelines could end up on his agenda for that session.

"The issue is so important that the combination of those bills ought to be a good subject if we go into a special session," he said.

The voluntary guidelines do have critics. Lawson Little of Dothan, the presiding circuit judge for Houston County, said he believes the Sentencing Commission eventually will try to make the voluntary guidelines mandatory.

"This is just a way to get a foot in the door," Little said.