Alabama Sentencing Commission Achieves Success

ALABAMA SENTENCING COMMISSION ACHIEVES SUCCESS - SENTENCING REFORM LEGISLATION ENACTED -

Cited as “Nothing short of miraculous,” the Alabama Sentencing Commission achieved its first goals with the enactment of the state’s first sentencing reform package. The reform bills attack Alabama’s prison overcrowding and antiquated sentencing system from three directions – The theft bill, raising the value amounts for theft and property crimes; the Community Punishment and Corrections Act of 2003; and the Sentencing Reform Act of 2003. The three bills, now signed into law by the governor, redefine felony theft; increase accountability of, and support for the initiation and continuation of community corrections programs for alternative sentencing; and establish timelines for the implementation of structured sentencing and truth-in- sentencing in Alabama.

Theft and Similar Property Crimes – Increase in Values Act No 2003-355 raises the felony threshold for 31 theft and property offenses in Alabama. The Act raises the felony threshold for second degree theft and related offenses from $250 to $500 and raises the threshold for first degree theft and related offenses from property valued at over $1,000 to property valued over $2,500. Changes in four offenses alone, theft of property in the first and second degrees and receiving stolen property in the first and second degrees, are projected to save the state around 3,000 prison beds in the next five years and to reduce the projected prison population by at least 1,000 offenders. This bill received some opposition from the retailers’ lobbyist; however, this opposition was worked out with a minor change for a recidivist provision included for the offenses of second degree theft of property and receiving stolen property. The Commission members and staff suffered further trepidation when amendments were offered to change the definition of the terms “property” and “threat” to require an offender to receive a direct financial benefit to himself or his immediate family before a crime is committed and to provide an exception for property obtained from a public source but used for the benefit of the public. After strong opposition from the District Attorney’s Association and the Attorney General’s Office, these amendments failed to pass, leaving the bill as originally introduced intact. This Act represents a major accomplishment of the Alabama Legislature in recognizing that revision of Alabama’s theft laws were well overdue and needed to ensure that property values were consistent with other states, consistent with similar property crimes in Alabama’s Criminal Code, and to reflect increases in the value of property over the last decade.

Community Corrections and Punishment Act of 2003 Act No. 2003-353 implements changes in Alabama’s Community Corrections Act to ensure accountability and to encourage the growth of local community corrections programs as alternatives to prison incarceration. These changes recognized that state appropriations for community corrections can be used as start-up grants for local programs as well as the operation of continuing programs and authorizes counties to establish community correction programs by passage of resolution, rather than establishing non-profit authorities. The other key initiatives in this Act are the creation of a separate community corrections division in the Department of Corrections with a full- time director and support staff and the creation of the State-County Community Partnership Fund as an identifiable fund to receive appropriations for community corrections programs, with monies appropriated to this Fund earmarked solely for community corrections. Another major provision of this Act was the appropriation of $5.5 million for community corrections programs. Although this provision was amended out of the bill, Commission staff was given assurances by key legislators that it would be included in the General Fund Budget, which will be considered in a special session of the legislature later this summer. As this bill traveled through the Legislature the initiative to build more community punishment alternatives began to grow, with Governor Bob Riley working with the Department of Corrections and Department of Mental Health to also establish five transition centers for inmates diverted from prison or ending their term of incarceration. Perhaps, through necessity, alternative sanction programs and reentry programs are finally coming to fruition in Alabama.

Sentencing Reform Act of 2003 Act No.2003-354, entitled “The Sentencing Reform Act of 2003,” requires the Sentencing Commission to draft a structured sentencing program for Alabama consisting of voluntary, non-appealable sentencing standards. The program will be implemented over a 3-year period. Beginning in 2004, the Commission will submit the first set of voluntary sentencing standards (or guidelines) for legislative approval. These standards will be constructed based on historical time-imposed patterns, with adjustments made to reflect reality. The Sentencing Commission has begun work on final data collection to begin drafting these standards and worksheets. The Legislation also sets 2006 as the goal for submitting a second set of standards or guidelines to the legislature. This second set of guidelines is necessary to implement truth-in-sentencing in Alabama, and if approved by the Legislature will become effective October 1, 2006. This Legislation represents the true beginning of sentencing reform for our state.

The Alabama Sentencing Commission is very appreciative of the assistance of many NASC members and the Vera Institute for Justice for technical support and assistance throughout the process of building sentence reform in Alabama. You have encouraged us and provided us with the enthusiasm and commitment to move boldly and confidently into the future.