The Alabama legislature gathers Monday to discuss a major new prison blueprint. In the background, an epidemic of violence is looming in the state prisons, which has led to a lawsuit by the US Department of Justice and state prisons may come under administration.
Here’s what to expect.
What is the legislator considering this week?
Governor Kay Ivey wants the legislature to approve a plan to build two new men’s prisons in Elmore and Escambia counties, each with “at least” 4,000 inmates. The plan also opens the door to a new women’s prison to replace the 78-year-old Julia Tutwiler Women’s Prison in Wetumpka, and renovations to the Donaldson Correctional Facility in Bessemer and the Limestone Penitentiary in Harvest.
The plan would also allow the renovation of Bullock Correctional Facility in Bullock County or Ventress Correctional Facility in Barbour. If fully implemented, five prisons would be closed.
How much would it cost?
Legislators estimate the cost of building the facilities in Elmore and Escambia to be more than $ 1.2 billion. The other parts of the plan could cost a total of $ 600 to $ 700 million.
The building law under consideration would require the state to borrow $ 785 million to pay for the prisons, along with $ 400 million in COVID relief funds and $ 150 million in general fund funding.
What led to this session?
Alabama prisons have faced violence and overcrowding for decades, and the problems have accelerated over the past five years. The number of reported homicides increased 200% from 2015, and the number of suicide attempts doubled between 2019 and 2020. Two Justice Department reports on state prisons in 2019 and 2020 describe horrific physical and sexual violence among inmates, as well as numerous excessive acts of violence by law enforcement officers.
The DOJ sued the state last December over detention conditions, saying the area surrounding the state’s correctional facilities violated the 8th inmate change protection against cruel and unusual punishment. The state is facing separate federal orders to hire more prison staff and improve mental health care for inmates.
What if the state loses the lawsuit?
The prison system could enter bankruptcy administration. That would mean a federal judge could force the state to make improvements in correctional facilities. Remedial action could include anything from increased spending on prisons to mandatory prisoner releases to tackle overcrowding.
State officials have said for years that they don’t want this. The Alabama prisons fell under receivership in 1976 and remained there for nearly 13 years. Alabama leaders initially defied mandates, but federal oversight led to significant improvements in security, medical and psychiatric care in prisons.
More:In 1976, federal agencies took over the Alabama prison system. And Alabama’s prisons were improving.
What are the advantages of new prisons?
Ivey and DOC Commissioner Jeff Dunn have argued for years that Alabama prisons are past their useful life and are unsafe for law enforcement officers, staff, and inmates. DOC closed most of the Holman Correctional Facility in Atmore and the Draper Correctional Facility in Elmore (although portions of Draper have since been used to quarantine inmates with COVID) and say the prison system is putting hundreds of millions of dollars in deferred maintenance costs Has. DOC argues that new facilities would require fewer staff; easier to monitor and have more space for programming.
More:New prison proposal to be presented; Governor Kay Ivey urges legislative action
What is wrong with them?
A wave of tough anti-crime laws in the 1980s and 1990s led to overcrowding in prisons, and advocates of prison reform say Alabama must scrutinize its penal system if it is to get a grip on the prison crisis.
Crime thresholds can be far lower in Alabama than in other states. A person convicted of stealing property of $ 2,500 or more in Alabama faces 2 to 20 years in prison. In Georgia and Mississippi, a person would have to steal $ 25,000 worth of property to receive a similar fine. Alabama also allows prosecution of people for trafficking in marijuana if they possess 2.2 pounds of marijuana. Other states set the threshold at £ 10 or more.
The plan has drawn other criticism. The $ 400 million COVID aid grant would allow work to begin immediately on the Elmore and Escambia facilities, but critics said the money would be better spent on education or health care. The two men’s prisons would not be advertised competitively, which has been criticized by some contractors who say it could open the door to corruption; Proponents say that through Ivey’s previous unsuccessful build / lease proposal for state prisons, the state identified contractors to build the prisons.
More:The decade-long prison crisis in Alabama is bigger than the decay of buildings, say critics
Does the appeal include anything other than building prisons?
Ivey’s agenda includes provisions to make parts of the 2013 and 2015 ruling reforms retroactive. The Alabama Sentencing Commission estimates that a similar bill, filed in February 2020, would affect 200 inmates. In July there were 17,724 inmates in Alabama prisons.
Will the plan work out?
Republican legislators believe they have the votes to enforce the prison building law. But lawmakers have historically been cautious about new prisons, be it because of cost, effectiveness, or the economic impact on communities with prisons. In 2016 and 2017, the legislature rejected bonds for the construction of new prisons.
How long will the session last?
The minimum time for a special session is five days, the shortest time an invoice can have from introduction to passage. The legislature could hold special sessions for up to 12 days over a 30-day calendar period. But her work will be limited to Ivey’s phone call. It takes a two-thirds majority of the legislature to raise items outside of the governor’s agenda.
Contact Brian Lyman, the Montgomery Advertiser reporter at 334-240-0185 or blyman@gannett.com.
source https://www.bisayanews.com/2021/09/27/the-alabama-legislature-is-about-to-meet-on-prisons-heres-what-to-know/
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