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Criminal Justice Reform in Alabama

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Criminal Justice Reform in Alabama CRIMINAL JUSTICE REFORM IN ALABAMA A Report and Analysis of Criminal Justice Issues in Alabama Part One: Sentencing, Probation, Prison Conditions and Parole Prepared By The EQUAL JUSTICE INITIATIVE OF ALABAMA 122 Commerce Street Montgomery, Alabama 36104 www.eji.org March 2005 Criminal Justice Reform in Alabama – Part One Equal Justice Initiative – Table of Contents TABLE OF CONTENTS EXECUTIVE SUMMARY. .................................................1 I. SENTENCING, PROBATION, PRISON CONDITIONS AND PAROLE IN ALABAMA. .........................................................1 A. Sentencing......................................................1 B. Probation. .....................................................3 C. Prison Conditions................................................3 D. Parole. ........................................................5 II. RECOMMENDATIONS...............................................5 A. Recommendations for Sentencing Reforms in Alabama. 6 Drug Offenses. .................................................6 Non-Violent and Violent Crimes....................................7 B. Recommendations for Reform of Probation in Alabama. 7 C. Recommendations for Prison Conditions Reform in Alabama.. 8 D. Recommendations for Reform of Pardons and Parole. 8 III. CONCLUSION.......................................................9 SECTION ONE: SENTENCING.........................................1 1 Introduction.........................................................1 1 I. SENTENCING IN ALABAMA. .......................................1 4 A. History of Sentencing............................................1 4 B. The Habitual Felony Offender Act. ................................1 6 C. The Alabama Sentencing Commission.. 1 8 II. DRUG OFFENSES. .................................................2 0 A. Current State of the Law. ........................................2 0 1. Range of Sentences........................................2 0 2. Habitual Felony Offender Act. ..............................2 2 3. Internal Case Study: DUI v. Marijuana Possession. 2 4 i Criminal Justice Reform in Alabama – Part One Equal Justice Initiative – Table of Contents B. Comparison to Other Jurisdictions. 2 7 C. Recent Developments............................................3 1 III. NON-VIOLENT CRIMES.............................................3 1 A. Current State of the Law. ........................................3 1 1. Range of Sentences........................................3 2 2. Habitual Felony Offender Act. ..............................3 2 B. Comparison to Other Jurisdictions. 3 3 C. Recent Developments/Attempts at Reform. 3 3 IV. VIOLENT CRIMES...................................................3 4 A. Current State of the Law..........................................3 4 Range of Sentences........................................3 5 B. Comparison to Other Jurisdictions. 3 5 C. Recent Developments/Attempts at Reform. 3 6 1. Capital Punishment Legislation.. 3 6 2. Non-Capital Legislation. ...................................4 0 3. Truth in Sentencing........................................4 1 4. Alternative Sentencing......................................4 2 V. EDUCATION EFFECT...............................................4 4 RECOMMENDATIONS....................................................4 6 CONCLUSION............................................................4 8 Appendix I................................................................4 9 Appendix II...............................................................5 4 SECTION TWO: PROBATION...........................................5 7 I. OVERVIEW........................................................5 7 II. HOW PROBATION WORKS..........................................5 9 A. Eligibility for Probation. .........................................5 9 B. Granting Probation..............................................6 1 ii Criminal Justice Reform in Alabama – Part One Equal Justice Initiative – Table of Contents C. Completing Probation. ..........................................6 2 D. Revoking Probation.............................................6 3 III. PROBATION REVOCATION.........................................6 4 A. Due Process. ..................................................6 4 B. Right to Counsel................................................6 5 C. Imprisonment for Failure to Pay Fines. 6 6 RECOMMENDATIONS....................................................6 8 CONCLUSION............................................................6 8 SECTION THREE: PRISON CONDITIONS. ..........................6 9 I. OVERCROWDING . ................................................6 9 II. PRIVATE PRISONS..................................................7 2 A. History. ......................................................7 2 B. Response to Overcrowding Woes..................................7 4 C. Legislative Action...............................................7 6 D. Facility Concerns................................................7 6 E. Family Concerns................................................7 8 F. In-State Facilities................................................7 8 III. MEDICAL CARE FOR ALABAMA PRISONERS. 7 9 A. Rights of Prisoners..............................................7 9 B. Disturbances in Alabama.........................................8 0 1. Injury...................................................8 0 2. Death...................................................8 2 C. Areas of Special Need............................................8 3 1. HIV/ AIDS..............................................8 3 2. Hepatitis C...............................................8 4 3. Mental Health............................................8 5 4. Women.................................................8 6 D. Recent Changes.................................................8 7 iii Criminal Justice Reform in Alabama – Part One Equal Justice Initiative – Table of Contents IV. THE PLIGHT OF ELDERLY INMATES................................8 7 A. Health Care Costs...............................................8 8 B. Additional Challenges............................................8 9 C. Alabama’s Approach to Incarcerating the Elderly. 9 0 D. Techniques in Other Southern States in 2004. 9 4 V. PRISON PHONE PRICE-GOUGING...................................9 6 A. History of Prison Pay Phone Service in Alabama. 9 7 B. Unfair Rates Fund State Kickbacks. 100 C. Technical Difficulties. ..........................................103 Attorney Calls.................................................105 D. History of Reform Efforts.......................................105 1. Litigation...............................................105 2. Legislation..............................................107 3. Changes in DOC Decision-making. 108 RECOMMENDATIONS...................................................109 CONCLUSION...........................................................109 SECTION IV: PAROLE..............................................111 I. THE ALABAMA BOARD OF PARDONS AND PAROLES. 111 II. PAROLE STATISTICS IN ALABAMA. ................................112 III. RECENT LEGISLATION............................................115 A. Background...................................................115 B. Recent Legislative Proposals/Trends. 116 1. Truth in Sentencing.......................................116 2. Commutation. ..........................................119 3. Appropriation of Funds to Board of Pardons and Paroles. 119 IV. RECENT DEVELOPMENTS.........................................120 A. Rescinding Grants of Parole......................................120 iv Criminal Justice Reform in Alabama – Part One Equal Justice Initiative – Table of Contents B. Victim Notification.............................................122 C. Special Dockets................................................123 V. COMPARATIVE ANALYSIS OF ALABAMA PAROLE. 124 A. State Systems..................................................124 B. Statistics. ....................................................128 VI. PARDONS. .......................................................129 A. Background...................................................129 B. Pardons (Restoration of Full Political and Civil Rights) Granted in the Last Decade. ............................................129 C. Racial Background of Those Pardoned (Full Restoration of Political and Civil Rights) Between Feb. 1, 2000 - Jan. 31, 2003. 130 D. Restoration of Voting Rights.....................................131 VII. THE BOARD. .....................................................132 IX. ALABAMA’S PAROLE PROCESS.....................................132 A. Article 1: Intake...............................................133 B. Article 2: Rescheduling of Consideration. 136 C. Article 3: Docket..............................................136 D. Article 4: Notice of Hearings.....................................137 E. Article 5: Preliminary Review of Docketed Cases. 138 F. Article 6: Board Action.........................................139 G. Article 7: Certification and Reconsideration. 140 H. Article 11: Parole Violations.....................................141 I. Article 12: Parole Court Hearings.................................142 J. Article 13: Parole Court Reports..................................144 K. Article 14: Board Action Subsequent to Parole Court. 145 L. Article 15: Records.............................................145 M. Article 16: Flexibility in Responding to Crisis.
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