FOLLOW UP TO
LWVGB January Membership Meeting
"Criminal Justice: Effect of Recent Reforms
and a Look to the Future"
On Monday, Jan. 28, 2019 at Beloved Community Church in Avondale, the LWVGB held a public meeting on the topic "Criminal Justice: Effect of Recent Reforms and a Look to the Future". League members and the public learned about the Alabama criminal justice system, recent and planed criminal justice reforms, and the consequences of financial, legislative, and administrative decisions made. Guest speakers were Rep. Judge James E. Hill, Jr. (Dist. 50), Chair House Judiciary and retired Circuit Judge [left]; Officer Patrick Bishop, AL Dept. of Pardons and Paroles [center]; Foster Cook, UAB Assoc. Professor and Director Emeritus Govt. Affairs and Special Programs [right]. Many thanks to Judge Hill, Officer Bishop, and Professor Cook for sharing their expertise.
Judge Hill has provided the juvenile justice bill that he referenced and which he will re-introduce in the 2019 Alabama Legislature. (NOTE: The state LWVAL will review this legislation. The League does not have a position on the bill at this time.)
Professor Foster Cook will soon provide results of his extensive recent study of criminal justice. We will post that information here soon. Attendees were very interested and sometimes shocked at the data he shared at this meeting.
Here are the resources referenced in speaker remarks and answers to additional questions for which time would not allow us to address that night.
Q & A
1. (Officer Bishop): [Part 1] What are the requirements in AL to be eligible for parole? [Part 2] Does Pardons and Parole waive fees for those not able to pay? If so, can fees be converted to community service hours in lieu of fees?
Ans. from Officer Bishop [Part 1]:
Every inmate of the Alabama Department of Corrections has a different circumstance. The best way to answer this question is to mention the things that would slow down an inmate's release? These range from:
a) Unsatisfactory home and/or job plan.
b) Out-of -state home and job plan.
c) Needing to submit aftercare plan and/or mental health program.
d) Required to attend substance abuse program before release.
e) Sex offenders require thirty (30) day notification. (Community Notification Act)
f) Requirement to attend halfway house.
Another question that is often asked is If an inmate is serving a split sentence, is he eligible for parole?
The answer is No, if the split sentence is the only case he has. However, if he has other cases, he would be eligible after the mandatory time of the split is completed, unless the split sentence is consecutive.
Ans. from Officer Bishop [Part 2]:
Field Offices of Alabama Pardons and Parole only accept and deal with "supervision fees". If the client (we no-longer use the term convict, probationer or parolee) has financial circumstances that create a hardship, they are allowed to submit a "Fee Waiver". The fee waiver is submitted to their officer with supporting documentation (SSI award letter, check stub, monthly bills, etc.) for an evaluation by the leadership of that office / district. Judges can and have used community service for those that are on probation.
2. (Judge Hill): Meeting attendees asked to see Judge Hill's proposed juvenile justice legislation which he plans to introduce in the 2019 Regular Session of the Alabama Legislature. Judge Hill is Representative of AL House Dist. 50.
Ans. From Judge Hill:
Judge Hill has sent his proposed juvenile justice bill to the LWVGB. View it here. When this legislation is introduced in the Alabama House, LWVGB will provide a link to it in the Alabama Legislative System Online (ALISON) so that viewers can follow progress of the bill through the legislature. [NOTE: The League of Women Voters has not reviewed this bill and, as of 25/19, has not taken a position on it.]
3. (All): What do you plan on doing to address the habitual offender law? Why aren't current laws passed for habitual offenders retroactive? Are you working to assist nonviolent habitual offenders with getting their life without parole reduced? NOTE: WBRC's Beth Shelburne attended the meeting. She is working on a report regarding habitual offenders. She said her research shows that AL prisons may have 500 nonviolent offenders serving life without parole. Does this mesh with your understanding?
4. (Judge Hill): What is the procedure for investigating corruption of corrections officers?
5. (All): When legislature and courts began to put more people on parole and probation, did they provide for a proportional increase in probation and parole officers and resources? How big is the gap between resources for these officers and the need?
6. (Prof Cook/Judge Hill): Where are our studies from other countries also. Do we ever think "offenders" and "whistle blowers" are innocent? Why wouldn't people take the probation choice, even when they are INNOCENT with so little ability to receive our small amount of legal resources, especially when in poverty. NOTE - The questioner noted that she had been wrongly jailed herself and found little justice.
7. (Judge Hill): Why do we need to build more prisons? Why not continue adjusting sentencing? At one point non-violent criminals were able to go before the courts for sentencing appeals. That legislation has gone away. Why? Nonviolent offenders are serving harsher sentencing than violent offenders. How will we as a state correct this
problem?
8. Comment: Where is the accountability? Our prison has been a quagmire for decades. It is the most violent in the nation with human rights violations daily. How will new buildings fix a failure of leadership? Alabama cannot properly manage the system as it is.
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