Parole Hearings, Incentive Good Time, Prison Overcrowding & Criminal Justice Reform – An Open Letter to Gov. Kay Ivey

Dear Governor Ivey

I have been incarcerated for 11 years as of November 2020. In my time with Alabama’s Department of Corrections i have seen numerous people with what are considered “violent crimes” be denied parole or not be considered until they have done 85% of their time or 15 years, whichever is less. Most women who are by law considered violent, are not. If you look at the statistics for women who are charged with violent crimes and have been released, the recidivism rate is extremely low.

The Parole Board has some serious issues that need to be addressed. A parole hearing should not be about re-trying our case. The judge has already done that. It should be about our institutional record; i.e. what steps we have taken to keep from re-offending, the classes we have taken to help in our recovery and classes that ADOC recommended, if we have any behaviour disciplinaries and our work performance while incarcerated. These things will tell if we are ready to re-enter society as a law abiding citizen. Our charge/conviction will never change, but we can change if we have a desire to and our institutional record will reflect this.

Prison overcrowding could be alleviated by re-instituting Incentive Good Time (IGT) to people with sentences less than life without parole or the death penalty and placing a cap on life sentences. The IGT was removed by “Michie’s Alabama Code Title 14, Chapter 9, Article 3, Deductions from sentences of Correctional Incentive Time”. Capping life sentences and making good time available across the board would provide a huge incentive for not only good behaviour, but it would reduce the amount of drugs being done in the prison system. IGT can be pulled if an inmate gets into trouble by receiving a disciplinary (such as bad behaviour or dirty urinalysis) so this would be a good incentive to remain trouble and drug free. As it stands now, people with long sentences have no incentive to improve their behaviour except their own moral conviction. This does not work for some people who have served long periods of time and numerous denials of parole, they have lost all hope and need a more tangible reason, such as getting IGT or some hope of making parole in the foreseeable future.

We need a prison system that allows people to work toward achievable goals that are based on our behaviour while incarcerated and not on our crime. We can not change what we did yesterday, but we can change who we are today. Locking people up and throwing away the key will only change people for the worse. That is why our prisons are in the shape they are in today. We must all learn from our past mistakes and that includes the way Alabama views its prison population. Not only do the laws need to be revised, sentencing guidelines re-worked and due process of law examined (which includes plea agreements that are signed by people that do not know their rights or the law, but are convinced by prosecutors that its in their best interest to sign them).

Thank yolu for taking the time to read this and i hope you will take into consideration the above suggestions given by someone who has lived this life for 11 years and witnessed the hopelessness firsthand.

Respectfully.

A female inmate at Birmingham Community Based Facility.

2020 Petition for the Advancement of Class A & B Women Offenders

In 2016 Deputy Commissioner of Women’s Services, Wendy Williams went to all three of Alabama’s Department of Corrections facilities and held conferences in front of women that she’d handpicked. Everyone of us inmates were convicted of either Class A or Class B felonies that they classify as “violent”.

She told us that according to a new classification manual called the Women’s Risk Needs Assessment (WRNA) that was being implemented later that year, we were going to be able to work again for the first time since Governor Siegelman‘s order to remove all “violent” offenders from the work release programs back in the late 1990’s. It is now 2020 and four years since Commissioner Williams announcement to us, yet none of us have been allowed to work a single day.

In truth the Class A & B offenders have long held some of ADOC’s most trusted and responsible jobs, being van drivers, transporting workers to and from their work places, Governor’s Mansion workers, Department of Motor Vehicles workers, Department of Transportation workers, road crews that clear litter and garbage from our highways, courthouse workers, State Trooper office workers, ADOC fleet maintenance workers etc.

When considering allowing first time Class A & B offenders the ability to work, we feel that the positive aspects far outweigh any negative or political aspects which include but are not limited to:

  • Increasing revenue back into the work release coffers
  • Paying off outstanding fines and restitution
  • Contributing to the offenders upkeep instead of being a costly liability to the state
  • Helping each woman prepare and transition back into society
  • Proving to the public and to the Alabama Bureau of Pardons and Paroles that the women are worthy and capable of being productive, law abiding citizens of society.

In 2018 a special docket loaded Class A & B offenders who were specially picked by the Central Review Board, due to the qualifications they had met for their accomplishments throughout their incarceration, and were due to be considered for early paroles in late September, these women already having served the bulk of their sentences.

Due to the grievous actions of a “non violent” parolee, the entire docket was pulled and a moratorium from Governor Ivey stopped all early paroles on Class A & B offenders who had not served 1/3 of their sentences, even though some of these early parole dates, had been issued years in advance by the previous parole board. Us women that were eligible for parole having excellent institutional records and home plans have had that taken away from us due to actions that were far beyond our control.

Jimmy Lee Spencer was considered a non violent offender in prison even though he had been in and out of prison for most of his life, he had numerous violent disciplinary actions brought against him and he was considered confrontational and argumentative at the best of times, these traits should have been reviewed and considered as part of his parole consideration hearing, obviously they wasn’t for whatever reason.

Given the fact that most first time Class A & B offenders receive such lengthy sentences, parole is usually our only hope for regaining our liberty. Why should we be held accountable for something that we have no control over? We are being used by politicians and other public officials as the scapegoat for jimmy Lee Spencer.

We are trying to right our wrongs, we are not our past mistakes, but we are trying to create a future that we can all be proud of. All we are asking for is the opportunity.

Sincerely, First time Class A & B women offenders of ADOC

Alabama Department of Corrections ridiculous and arbitrary mail practices that discriminates against women with the lowest custody level at Birmingham Community Based Work Release Facility

There is nothing in the Alabama Department of Corrections administrative regulations that we could find that details what they are doing to the women’s mail at this facility. As mail arrives, it is photocopied, be it letters, birthday cards or photographs, they then destroy the originals and give the women the black and white photocopy.

They claim this arbitrary practice is in order to stem the supply of drugs into the facility, however, despite not having visitation for over 3 months now due to the pandemic, the drugs are still readily available which proves what we all suspected anyway, in that the drugs are not brought in by an inmates family and friends at visitation, but rather its being smuggled in by ADOC’s own staff or via legal mail.

The key dealers in this facility know how to easily circumvent ADOC’s ineffective drug screening and detection protocols, they would rather punish every woman by destroying their mail, even mail that is sent from 3rd party online services, than deal with the culprits effectively.

Morale and self esteem is at an all time low, visitation has been put on hold with no time frame of when it will resume. This work release facility should be preparing women to go back into the free world after years of suffering within these hell hole facilities where they have been deliberately denied even the most basic of human rights, but ADOC is doing the opposite, they are locking down, they are taking away, they are disregarding and punishing those that have already been punished with the loss of their liberty in some cases for decades already, now they can’t even receive a picture drawn by a child to its mother.

We are sick and tired of how they treat our loved ones.

 

ACLU OF ALABAMA CALLS ON LEADERS TO MAKE PRISONS TOP PRIORITY IN COVID-19 RESPONSE

Montgomery, Ala. — Close to 22,000 Alabamians incarcerated by the Alabama Department of Corrections (ADOC) face a much higher risk of contracting coronavirus than the general public, but there’s been no mention of plans to ensure their safety and well-being. Last week Governor Kay Ivey announced the formation of a Coronavirus Task Force, and the ACLU of Alabama urges the group to prioritize plans for Alabama prisons, which were already experiencing a sustained overcrowding and understaffing crisis before the pandemic.

Statement from Randall Marshall, Executive Director, ACLU of Alabama:

“Incarcerated people cannot follow the CDC recommendation of social distancing, and because Alabama prisons are already operating at 170 percent of their designed capacity, these men and women are at an increased risk of exposure and contamination in the prison population. Furthermore, with over 20 percent of people in ADOC custody over the age of 50, there are thousands who are at higher risk of serious health complications or death if they are infected.

It is imperative that the Governor and ADOC release their plans to prevent the spread of COVID-19 inside the prisons, to quarantine and care for any prisoner who shows symptoms, and to ensure all supplies and food remain stocked during this crisis. They must also address how they plan to provide continued staffing in the event of staff shortages due to illness or caring for an ill family member. ADOC staffing is currently at 40 percent.

These and other questions must be answered now. Alabama leaders have historically disregarded the health and safety of the men and women incarcerated in state prisons. The ACLU of Alabama urges state leaders to not follow that old pattern and make prisons a top priority in Alabama’s COVID-19 response.”

Please sign the petition here calling for President Trump and all state governors to heed the recommendations of public health professionals: Release communities who are most vulnerable to COVID-19 – particularly the elderly and sick – and reduce overcrowding in our criminal legal system.

 

People Serving Life Exceeds Entire Prison Population of 1970

Campaign to end life imprisonment

As states come to terms with the consequences of 40 years of prison expansion, sentencing reform efforts across the country have focused on reducing stays in prison or jail for those convicted of nonviolent drug and property crimes. At the same time, policymakers have largely neglected to address the staggering number of people serving life sentences, comprising one of seven people in prisons nationwide.

International comparisons document the extreme nature of these developments. The United States now holds an estimated 40% of the world population serving life imprisonment and 83% of those serving life without the possibility of parole. The expansion of life imprisonment has been a key com- ponent of the development of mass incarceration.

In this report, we present a closer look at the rise in life sentences amidst the overall incarceration expansion.

To place the growth of life imprisonment in perspective, the national lifer population of 206,000 now exceeds the size of the entire prison population in 1970, just prior to the prison population explosion of the following four decades. In 24 states, there are now more people serving life sentences than were in the entire prison population in 1970¹ and in an additional nine states, the life imprisonment total is within 100 people of the 1970 prison population.

Figure 1. Comparison of Life Sentenced-Population in 2016 to Prison Population in 1970

Ex: Texas’ life-sentenced population is 1.2X the size of its overall prison population in 1970
Ex: Texas’ life-sentenced population is 1.2X the size of its overall prison population in 1970

Figure 2. Percent Difference Between Life-Sentenced Population in 2016 and Total Prison Population in 1970

States above the dotted line have life-sentenced populations that are greater than their total prison population in 1970

States above the dotted line have life-sentenced populations that are greater than their total prison population in 1970
States above the dotted line have life-sentenced populations that are greater than their total prison population in 1970

A misinterpretation of the connections between the seriousness of an incarcerated person’s crime and their recidivism risk after release often justifies policymakers’ endorsement of life imprisonment. Most people serving life, including for murder, will not forever present a risk to public safety. Even so-called “chronic-offenders,” people who have committed repeated crimes, gradually desist from criminal conduct so that their public safety risk is substantially reduced by their late 30s or 40s. Therefore, from a public safety perspective, life imprisonment is an unwise investment.

In 24 states, there are now more people serving life sentences than were in the entire prison population in 1970

States with the largest effects are in the South and West of the country, though the growth in life sentences in all states has been dramatic over these decades. Figure 2 provides a view of the states ranked by the percent difference between the current number of life-sentenced prisoners and the total prison population in 1970.

Nevada and Utah are at the top of the table because these states’ current life-sentenced populations are more than four times each states’s entire prison

In 24 states, there are now more people serving life sentences than were in the entire prison population in 1970 population in 1970. The next two most dramatic shifts are in Louisiana and Alaska² where their life-sentenced populations are more than double their overall prison populations in 1970.

States farther down the table, such as Ohio, show that there are 70% as many life-sentenced prisoners today as the entire prison population in 1970. And in Maine at the bottom, the growth in life-sentenced prisoners is still notable: the number of lifers today reflects 26% of the total prison population from 1970.

Figure 3. Population Change in Prison Population and Life-Sentenced Population, 2003-2016

Population Change in Prison Population and Life-Sentenced Population, 2003-2016
Population Change in Prison Population and Life-Sentenced Population, 2003-2016

The Sentencing Project has collected information from state departments of corrections regarding the number of people serving life sentences at four distinct points in time: 2003, 2009, 2012, and 2016. This allows us to observe trends in life imprisonment. We find that while prison totals have declined by 0.5% between 2003 and 2016, there has been a 30% increase in life sentences.

While prison totals have declined by 0.5% between 2003 and 2016, there has been a 30% increase in life sentences

A further troubling aspect within this rise is that the most severe of the three categories of life sentences— life without the possibility of parole, or LWOP—has risen the fastest. As illustrated in Figure 4, we find a 59% rise in these sentences between 2003 and 2016 compared with an 18% increase in life with the possibility of parole.

Reasons for the continued growth in life sentences despite reversals in crime and incarceration more generally point to various “tough on crime” policies that hold people in prison longer on their life sentences.

These include habitual offender laws, mandatory minimums, elimination of parole, and the transfer of juveniles to the adult system. These policies were advanced by legislators in the 1990s, and contributed to the sharp increase in life sentences, but have since come under greater scrutiny.

As states rethink their regimes on punishment so that public safety is paired with fairness, it is clearly important to adopt reforms for those individuals convicted of low-level and nonviolent crimes. But it would also be wise from a moral and fiscal standpoint, as well as the standpoint of public safety, to give a second look to those serving life sentences as well.

Figure 4. Life without Parole Growing More Quickly Than Life with Parole, 2003-2016

Life without Parole Growing More Quickly Than Life with Parole, 2003-2016
Life without Parole Growing More Quickly Than Life with Parole, 2003-2016

¹ Prison population data was not available for Alaska, Arkansas, and Rhode Island in 1970, so for these states we use prison population data for 1971.

² Life with or without parole is not statutorily defined in Alaska’s criminal code, but the state allows sentences we identify as “virtual life” terms of 50 years or more.

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Originally published here

Alabama blocked a man from voting because he owed $4

Sam Levine in Tuscaloosa
Thu 27 Feb 2020 17.30 GMT First published on Thu 27 Feb 2020 11.00 GMT
Alfonzo Tucker photographed at his home in Tuscaloosa. Photograph: Johnathon Kelso/The Guardian
Alfonzo Tucker photographed at his home in Tuscaloosa. Photograph: Johnathon Kelso/The Guardian

The fight to vote – Alabama
Alfonzo Tucker Jr is just one of millions of Americans who have been entangled in a racially biased system – and deprived of their democratic right

In 2018, with the midterm elections approaching, Alfonzo Tucker Jr was particularly eager to vote. The mayor of Tuscaloosa, Alabama, Tucker’s hometown, was running for governor, and the year before he had canvassed for Doug Jones, a Democrat running in a closely watched US Senate race.

But Tucker wasn’t able to cast a ballot – state officials refused to even let him register. It wasn’t until weeks later that he learned why he had been deprived of the right to vote.

He owed the state $4.

The US is founded on the promise of democracy and fair representation, but it is also the country where minorities are frequently disenfranchised for political gain. Among the most vulnerable are millions of Americans, disproportionately African Americans, like Tucker, who have been entangled in America’s racially biased criminal justice system, and lose civil liberties like voting as a result.

The barriers facing Americans like Tucker, advocates say, are modern adaptations of poll taxes and other devices which were designed to keep people from the voting booths during the Jim Crow era – when white politicians used the law to curb the civil rights of African Americans. Alabama is one of 30 states that requires people with felony convictions to pay back the financial obligations associated with their sentence before they can vote again.

Tucker’s case is particularly glaring. He lives less than a hundred miles north-west of Selma, the birthplace of the voting rights movement in America. This week, civil rights leaders are commemorating the 55th anniversary of the Selma to Montgomery marches led by Martin Luther King Jr and civil rights activists as they protested against laws preventing African Americans from voting. Many were brutally beaten in Selma during the protests.

A letter hangs on Alfonzo Tucker’s refrigerator stating that his right to vote has been revoked. Photograph: Johnathon Kelso/The Guardian
A letter hangs on Alfonzo Tucker’s refrigerator stating that his right to vote has been revoked. Photograph: Johnathon Kelso/The Guardian

The specific policy that had ensnared Tucker dates back to the turn of the 20th century when Alabama leaders, openly seeking to preserve white supremacy, stripped anyone convicted of a crime of “moral turpitude”, among other offenses, of the right to vote.

“What is it that we want to do? Why, it is within the limits imposed by the federal constitution, to establish white supremacy in this state,” John Knox, the chair of the convention, said at the time. “If we would have white supremacy, we must establish it by law – not by force or fraud,” he added.

Tucker said the legacy of that discrimination affects the lives of people like him today.

“I read about the challenges during the 60s, 50s, that black people had to overcome just to vote,” Tucker said. “It’s the same thing going on in 2020.”

Tucker, who sometimes goes by Zo, speaks softly and deliberately. He has lived in Tuscaloosa his whole life, now in a modest house 10 minutes outside of downtown. He says he would have left the city where he grew up, but never had the money.

Sitting in his living room, surrounded by pictures of family, Tucker said things are much different now for him than they were in the early 1990s, when he was much more “aggressive”. In the late 1980s, he got into a fight at a club with a University of Alabama football player and wound up being convicted of third-degree assault, a misdemeanor. A few years later, he fought with a police officer and was convicted of second-degree assault, a felony. He wound up going to prison for two years and serving several more on probation.

After he got out of prison, Tucker rebuilt his life, working at steel factories and in maintenance, and chipping away at the approximately $1,600 that the court had ordered him to pay. He had two more children, which made him want to stay out of trouble. He joined the Nation of Islam.

Before his conviction, Tucker had never voted. But in prison, Tucker had read about Medgar Evers, who fought for equal citizenship and was assassinated in Mississippi in 1963. When he got out, he started regularly voting in elections. He and his wife Narkita would bring his young children into the voting booth with them, wanting to teach them about the importance of a single vote, and the long struggle African Americans had faced to gain access to the ballot.

But in 2013, Tucker got a letter from his state officials saying he could no longer vote.

A voting sign near a main street in Tuscaloosa. Photograph: Johnathon Kelso/The Guardian
A voting sign near a main street in Tuscaloosa. Photograph: Johnathon Kelso/The Guardian

He was angry and upset, but didn’t act immediately – the letter didn’t tell him anything about how to get his voting rights back. Then came another letter, a few years later, this time addressed to his son, Alfonzo Tucker III, who had just turned 18, and claiming that he too was ineligible to vote. The younger Tucker, however, didn’t have a criminal record. It was a mistake, possibly because he shared his father’s name.

Tucker got his son registered to vote, but the episode lit a fire in him. As the 2018 midterm elections approached, he went to an event where activists were helping people with felony convictions learn about their voting rights, and called up the Alabama board of pardons and paroles to talk about his case. Two weeks later, the board sent him a letter saying he still owed $135.10 in connection with his conviction.

Tucker, who relies in part on disability income, borrowed money from his sister to pay off the debt. But just when he thought it was settled, a courthouse clerk told him he owed money for another decades-old criminal offense – an additional $5,535.47 which she said he had to pay back to gain back his vote.

Faced with the staggering amount, Tucker contacted Blair Bowie, an attorney at Campaign Legal Center, a Washington DC voting rights group. It took Bowie 15 minutes to realize Alabama officials made a huge mistake.

Under Alabama law, people with felonies only have to pay off the money originally assessed as part of their criminal conviction to regain their voting rights. By 2018, Tucker had paid back most of what he owed. But, unbeknown to him, the state had added an additional debt of $131.10, a fee that was irrelevant to whether he could vote because it was not part of his original conviction. And the $5,535.47 debt was from a misdemeanor offense, Bowie saw, which does not cause someone to lose their voting rights in Alabama.

All that Tucker actually owed in order to vote was $4.

“What is voter suppression if not officials wrongly telling you that you can’t vote?” Bowie said. “That’s been a classic way of disenfranchising people, particularly in Alabama.”

After he paid the $135.10, Tucker drove two hours to Montgomery, the state capitol, with a friend to hand-deliver the receipt to a staffer at the board of pardons and paroles.

Alfonzo Tucker holds his receipt for payment showing he paid the amount owed to restore his voting rights. Photograph: Johnathon Kelso/The Guardian
Alfonzo Tucker holds his receipt for payment showing he paid the amount owed to restore his voting rights. Photograph: Johnathon Kelso/The Guardian

Alfonzo Tucker holds his receipt for payment showing he paid the amount owed to restore his voting rights.
Facebook Twitter Pinterest Alfonzo Tucker holds his receipt for payment showing he paid the amount owed to restore his voting rights. Photograph: Johnathon Kelso/The Guardian
But weeks later he had not heard anything back. The elections came and went, and Tucker couldn’t vote. The parole board declined to comment on Tucker’s case.

Bowie eventually referred Tucker to John Paul Taylor, an organizer with the Southern Poverty Law Center, who followed up with the board and got Tucker registered to vote in 2019.

Bowie and Taylor said Tucker shouldn’t have had to rely on experts to get his voting rights back.

“Here’s a very clear example of a person who has jumped through every single hoop that you’ve given them and they’re still being denied because of something that they really don’t even know about,” Taylor said.

Meanwhile, Tucker and Bill Foster, the friend he went to Montgomery with, helped start a group in Tuscaloosa to assist people with felonies get their voting rights back. Tucker’s story helps people understand that they can in fact vote once they complete their sentence, said Larry Tucker, his cousin. And Alfonzo said he’s met other people who have wrongly been told they owe the state money.

So far, Tucker estimates that they’ve been able to help about 10 people – people like Terrance Gray, 49, who learned he was eligible to vote last year. Gray believed he had been ineligible to vote since he was released from prison in 1996.

“He told me that it will make a difference if more people go and vote,” Gray said of Tucker. “He’s always been on me about that.”

Tucker plans to cast his first ballot since the ordeal this year (he says he likes Bernie Sanders). He thinks the state should give him back the extra $131.10 that he paid.

Article originally published here

ACLU OF ALABAMA DEMANDS TRANSPARENCY FROM BUREAU OF PARDONS AND PAROLES

JANUARY 24, 2020

MONTGOMERY, Ala. – Today, the ACLU of Alabama sent a second public records request to the Alabama Bureau of Pardons and Paroles (ABPP) asking for any policy that is guiding the bureau to schedule far fewer people for parole hearings. A previous open records request to ABPP was sent back with references to the Alabama Code and ABPP’s Administrative Code, which Campaign for Smart Justice investigative reporter Beth Shelburne analyzed before sending a second public records request.

These requests come in response to the drastic decline in parole rates, noted in a new ACLU report issued in early January. In 2018, the agency averaged 600 hearings per month, while approximately 150 hearings were scheduled for January 2020. In November and December 2019, the board granted parole to only 17 people, denying release to 92 percent of eligible people.

Beth Shelburne, Investigative Reporter, Campaign for Smart Justice:
“We’ve asked to see the specific policy or procedure that guides the scheduling of parole hearings. We’ve also asked to interview any supervisor within the agency who can walk us through the process, but I was told today that my interview request would not be granted.

We’ve submitted a new request, renewing our commitment to hold this state agency accountable. The Governor and the Bureau of Pardons and Paroles must follow through on transparency and answer our questions about this important policy.”

Read ACLU of Alabama report on parole rates here: https://www.aclualabama.org/en/press-releases/aclu-report-shows-dire-eff…

Below is a copy of the letter in its entirety:

Beth Shelburne
P.O. Box 320635 Birmingham, AL 35232

January 24, 2020

Terry Abbott
Director of Communications
Alabama Bureau of Pardons and Paroles 100 Capitol Commerce Boulevard Montgomery, AL 36117

Dear Terry,

On January 14, 2020 I received your response to my open records request that I sent to you on December 17, 2019 asking for the specific policy or practice that is guiding the scheduling of inmates for parole hearings. Your response included information that you already sent to me on December 16, 2019, which referred me to the administrative rules for the Bureau of Pardons and Paroles. Your latest response also referred me to the statutory codes for which the rules are based on. I have reviewed Act 2019-393, Code of Alabama sections 15-22-28, 15-22-26, and 15-22-37. I have also reviewed Alabama Bureau of Pardons and Paroles Administrative Code Chapter 640-X-3ER: Scheduling Parole Consideration. None of these documents answers the open records request.

Sections 15-22-28, 15-22-26, and 15-22-37 set forth guidelines for reviewing inmates for parole eligibility, granting paroles, managing inmates on parole, Christmas furloughs and similar details irrelevant to my questions. Chapter 640-X-3ER roughly mirrors Act 2019-393 in detailing the procedure for setting an inmate’s initial parole consideration date and setting consideration dates if an inmate’s parole is denied.

There is a difference between the date on which an inmate becomes ​eligible for parole consideration and the date on which the same inmate is actually considered​ for parole at a public hearing held by the parole board. On current practices, it appears the agency is setting an inmate’s ​eligibility date ​according to the requirements of Act 2019-393 and Chapter 640-X-3ER. However, none of these documents specifies when or how the agency schedules the public hearing of a specific inmate’s case once he or she becomes eligible for parole consideration. A procedure is clearly being followed to determine which cases, from among all the eligible inmates, are being scheduled for public hearings. The public deserves to know these specific policies and procedures because, at present, this side of the parole process is completely opaque.

As I stated previously, my mission is to try to understand why fewer inmates are being scheduled for parole hearings, and why they are not being scheduled in order of their consideration dates. I specifically asked for any writing that could explain the policy or practice for scheduling hearings that has been transmitted to the Bureau and/or Board employees who are tasked with creating the hearing dockets. That writing would include emails, memos and any other writing, formal or informal. You have not sent me any writing of this nature, which would be a proper response to the Public Records Request.

As a result, I am submitting a new request for all documents, emails, and other written communication, formal or informal, that sets forth the policies and procedures determining or specifying the following: 1) How many days each week the Board holds public hearings; 2) How many cases are considered each day that hearings are held; 3) How many files case workers are instructed to review each day, week, or month; 4) The criteria or process used in selecting cases to be scheduled for public hearings among the inmates who are eligible to be considered; 5) Who determines which cases are selected for public hearings, whether it’s the actual parole board, administrators at the Bureau, or some other person or group.

Additionally, you did not address my request to speak to a supervisor who can walk me through the process currently being utilized. Please consider that request current and ongoing. I look forward to hearing your response to these requests.

Sincerely,
Beth Shelburne

 

Alabama Has the Deadliest Prisons in the Country. It Says It’s Looking for Reforms.

Governor’s panel to release suggested fixes; lawmakers to consider bills addressing corrections system

Sandy Ray held photos of her son, Steven Davis, during a press conference at the Alabama State House in Montgomery on Dec. 4, 2019. PHOTO: KIM CHANDLER/ASSOCIATED PRESS

MONTGOMERY, Ala.—One afternoon in October, the warden at the prison where Sandy Ray’s son was serving time called to say he was hospitalized in critical condition, she recalled. He had fought with correctional officers who accused him of rushing at them with handmade weapons, according to the Alabama Department of Corrections.

When Ms. Ray arrived, her 35-year-old son, Steven Davis, lay in bed unconscious, his face swollen and disfigured, photos she took show. “He was unrecognizable,” Ms. Ray said in an interview after a demonstration for prison reform where she spoke publicly. “He looked like a monster.”

Mr. Davis died the following morning, and a medical examiner ruled his death a homicide by blunt-force injuries to his head. The state corrections department said the matter remains under internal investigation and has been referred to a district attorney, who will decide whether charges should be filed.

 

The case illustrates the challenges Alabama officials face as they seek to overhaul the state’s violent, overcrowded and understaffed prison system. Pressured by a Justice Department investigation and a federal lawsuit, Alabama has made some strides adding correctional and mental-health staff in recent years. But inmate homicides and the prison population are rising.

Other states are grappling with troubled prison systems as well. Recent rioting and fights in Mississippi’s correctional institutions have left seven inmates killed since late December and triggered a lawsuit backed by rap artists Jay-Z and Yo Gotti over prison conditions. Republican Gov. Tate Reeves said Thursday the state would implement several measures to address the problems, including screening for gang affiliations. Florida lawmakers also are weighing criminal-justice proposals to address staffing shortages, inmate assaults and other issues.

Pushed to the Brink

Though Alabama’s in-house prison population declined for years, it recently has crept up again, while assaults in correctional institutions continue generally to climb.

Graph showing the the capacity of Alabama's prisons designed for 12,000 and now housing over 27,000 and the rate at which assaults of every kind have increased significantly
Graph showing the the capacity of Alabama’s prisons designed for 12,000 and now housing over 27,000 and the rate at which assaults of every kind have increased significantly

When the Alabama legislature convenes on Feb. 4, addressing the prison crisis is expected to be one of its priorities. Lawmakers say they plan to consider a number of bills and seek additional funding, guided in part by recommendations due to be released soon by a criminal-justice panel formed by Republican Gov. Kay Ivey.

“We’ve done a great job of identifying the issues,” said Democratic state Rep. Chris England, a member of the panel. “But if we can’t muster up the political will to actually invest in the system, then all this is meaningless.”

The Southern Poverty Law Center and others sued Alabama in federal court in 2014 over alleged failures to address the medical and mental-health needs of prisoners. Three years later, U.S. District Judge Myron Thompson found the correctional system’s handling of those needs “horrendously inadequate” and criticized severe staff shortages. He later ordered the state to hire more than 2,000 additional correctional staff by 2022.

Separately, the Justice Department last year issued the results of its investigation of Alabama’s men’s prisons, saying conditions there likely violated inmates’ constitutional rights. “An excessive amount of violence, sexual abuse and prisoner deaths occur within Alabama’s prisons on a regular basis,” the report said.

This undated image released by the Alabama Department of Corrections last April shows illegal contraband from the William C. Holman Correctional Facility in Atmore, Ala. PHOTO: ASSOCIATED PRESS

The homicide rate in Alabama’s prisons—already the highest in the U.S., according to the Justice Department—is increasing. In the fiscal year that ended in September, 11 inmates were killed—more than in any year on record in the corrections department’s available data, which goes back two decades. In October, another three inmates were killed.

Faced with the possibility of a Justice Department lawsuit, the state is in continued discussions with the agency over how to address the problems cited, said a spokeswoman for Ms. Ivey. The Justice Department declined to comment.

The governor’s criminal-justice panel is expected to release its recommendations this week. They are likely to include proposals such as expanding pretrial intervention programs to keep people from entering the system and bolstering training programs for inmates due for release, said Republican state Sen. Cam Ward, a member of the panel.

Ms. Ivey also is pursuing a plan to build three new prisons that would replace around a dozen old facilities and allow for improved mental-health, vocational and other services. The arrangement calls for a private contractor to build the prisons and lease them to the state. Proposals by four developer teams are expected by spring.

“Our infrastructure was not designed to rehabilitate. It was designed to warehouse,” said Jefferson Dunn, commissioner of the Alabama Department of Corrections. “We’re trying to update that.”

The state has made gains in prison mental-health staffing, increasing the number of contracted positions to 263 in September 2019 from 212 in December 2017.

Yet the number of correctional officers and supervisors only began increasing notably in the third quarter of last year. As of September, the tally reached 1,659, still far short of the target number of 3,826 under the federal judge’s order.

The state’s record-low unemployment rate of 2.7% makes it challenging to lure applicants.

Though changes to sentencing guidelines in the past decade helped reduce the prison population, it has been climbing for more than a year. In October, the most recent reporting period, Alabama’s inmate population in prisons operated by the corrections department was 21,081, at 170% of facilities’ capacity.

Leesha Thomas, who has a husband and three brothers in Alabama prisons and regularly speaks with them, said the atmosphere inside is volatile. Clashes erupt constantly, she said, and inmates equip themselves with handmade weapons to defend themselves.

“It’s either fight and defend yourself, or they’re going to jump on you, rape you and take all your food,” Ms. Thomas said.

Write to Arian Campo-Flores at arian.campo-flores@wsj.com

Article originally published here 

 

Governor Ivey needs to hear from you

This week, the ACLU of Alabama’s Campaign for Smart Justice released a new report regarding the dramatic drop in paroles. Since Governor Ivey appointed a new director at the Bureau of Pardons and Paroles, the board has denied release to 92 percent of all scheduled hearings.

Meanwhile, the number of scheduled hearings has also dropped dramatically from over 600 per month in 2018 to approximately 150 scheduled for January 2020.

For individuals trying to survive inside Alabama’s violent and overcrowded prisons, the board’s actions can truly be a life or death decision. And if this trend continues, the prison population that is already over capacity will explode in 2020, leading to even more violence against the incarcerated population and correctional officers.

That’s why we’ve been asking them to release their policies on how they schedule parole hearings, but they haven’t answered.

Send an email to Governor Ivey and the Bureau of Pardons and Paroles, and demand they release their policies NOW. Lives depend on it.

Thanks for sticking with us,

ACLU of Alabama