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

An inmates prayer for help at Montgomery Women’s Facility

To All:

I write in hope that all who read this, take it to heart. When a person loses their liberty and becomes incarcerated, the punishment is the loss of said liberty. According to Websters New World Dictionary, the definition of liberty is “Freedom from slavery, captivity etc.”. A particular right, freedom etc. The definition for inmate is “A person confined with others in a prison or mental institution”. The definition of prison is “A place of confinement for convicted criminals or persons who are awaiting trial”.

A prayer for help at Montgomery Women's Facility
A prayer for help at Montgomery Women’s Facility

Nowhere in these definitions or even the law does it say that during an inmates loss of liberty whilst being confined to prison, is it acceptable to abuse, mistreat, belittle or otherwise punish an inmate. Here at Montgomery Women’s Facility all of the above and worse take place. The reason people, yes i said people, here don’t speak out is because they are in fear of retaliation.

There are posters all over this facility about PREA and extortion. It is for show only. They went through PREA “Training”. They say they know what is supposed to happen, how we are supposed to be treated, but do as they please anyway. It is all for show for the Department Of Justice, lawyers and Commissioners, They do not follow it.

I personally know things about this place, things i have been through and have witnessed, but to come forward would be huge retaliation. All you have to do is look at the outcome of one inmate who came forward, to see how said retaliation degraded her. It mentally, physically and spiritually broke her down and left her feeling even more abused.

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