IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE
DISTRICT OF ALABAMA NORTHERN DIVISION CIVIL ACTION NO. 02-T-957-N LINDA
et al., etc., Plaintiffs, v. DONAL CAMPBELL, etc., et al., Defendants. DEFENDANTS' SUPPLEMENTAL PROPOSED PLAN
The Defendants, Governor Riley, Commissioner Campbell, and Warden Deese, by and through counsel, respectfully submit the following plan pursuant to this Court's order of January 29, 2003. Defendants propose the following steps to alleviate the concerns identified by the Court:
1. Governor Riley has arranged with the Board of Pardons
and Parole to begin special nonviolent parole dockets to review nonviolent
female offenders. The following is the schedule for implementing this program:
A. The files of all current female inmates have already been reviewed to identify nonviolent offenders who are presently incarcerated.
B. Earlier this afternoon, Governor Riley initiated a transfer of $1,000,000 from the Departmental Emergency Fund to the Board of Pardons and Paroles to hire additional parole officers and institute special nonviolent dockets. This transfer will allow the Board of Pardons and Paroles to begin implementation of this portion of Defendants' supplemental plan immediately.
C. By March 21, 2003, the Board of Pardons and Paroles will hire 15 additional parole officers; by May 1, 2003, 13 additional parole officers will be hired. These new parole officers will assume responsibility for the caseloads of veteran parole officers so that experienced parole officers can be reassigned to supervise and expedite the parole process for nonviolent offenders.
D. By March 10, 2003, the first notices
of parole review required by 15-22-23 of the Code of Alabama will be sent.
The first parole hearings will be held the week of April 7, 2003. Inmates
paroled will be released within two weeks after April 10, 2003. It is estimated
that an additional 30 female inmates will be released weekly based on these
dockets up to the estimated total of 250 inmates as shown below in Paragraph
2. The Alabama Department of Corrections will stabilize
the Tutwiler population at 750 inmates. The Department will reduce the
current population at Tutwiler to 750 by removing approximately 250 inmates
from Tutwiler through the special nonviolent parole dockets. It is estimated
that these additional 250 inmates will be released by the end of June 2003.
As inmates are released from Tutwiler, their beds will be removed from
the facility and remaining beds will be rearranged to
improve visibility within the facility. The Department will also give priority to removing beds that block lines of sight in the facility.
3. The Alabama Department of Corrections will increase the number of female inmates who are in community corrections programs. The sentencing judge must approve the inmates being placed in community corrections. See Ala. Code 15-18-172(d) (1995). This process will be implemented beginning March 1, 2003.The Alabama Sentencing Commission has estimated that the number of females in this program will increase by 75 to 100 inmates.
4. To alleviate the backlog of inmates awaiting transfer to Tutwiler, the Alabama Department of Corrections will begin sending 290 inmates to a private correctional facility.
5. In order to maintain a population of 750 inmates at Tutwiler, some inmates coming into the state prison system will also have to be sent to a private correctional facility, after their initial intake processing, when the number of inmates at Tutwiler exceeds 750.
6. The Governor has proposed legislation that will be introduced on the first day of the 2003 Regular Session of the Alabama Legislature (March 4, 2003) to enable the appropriation of the funds necessary to implement the plans outlined above in Paragraphs 3, 4, and 5. A copy of the current draft of the supplemental appropriations bill to be introduced on March 4 is attached hereto as Exhibit 1; of course, further revision may be necessary before the bill is introduced.
7. The Alabama Sentencing Commission, which has been
studying sentencing reform for approximately two years, is preparing a
number of recommendations for long-range reforms to the State's sentencing
policies. See Ala. Code 12-25-1 to 12-25-12 (Supp. 2002) (establishing
Commission). The Commission's recommendations are intended, inter alia,
to "[p]revent prison overcrowding and the premature release of prisoners"
and to "[e]nhance the availability and use of a wider array of sentencing
options in appropriate cases." Ala. Code 12-15-2(a)(4), -(6). Although
this process is still in development, the Alabama Sentencing
Commission will submit at least the following changes among its proposals to the Alabama Legislature during its 2003 Regular Session:
A. Changes in the theft and receiving stolen property, criminal mischief, charitable fraud, and illegal possession of food stamps offenses (these changes alone, based on the Sentencing Commission's forecasting model, are estimated to reduce the number of women sentenced to the state penitentiary by at least 500 during the first twelve months after their effective date);
B. Increasing funding for alternative sentencing programs and amendment of the Community Punishment and Corrections Act of 1991; and
C. Development and implementation of voluntary
sentencing standards, phased in over a three-year period. The Sentencing
Commission also anticipates issuing voluntary sentencing guidelines for
state judges during the current fiscal year.
CONCLUSION The plan outlined above is not meant to
describe all of the logistics and other details that will be needed to
implement each of the steps above. Obviously, each of these initiatives
will require substantial effort and cooperation by all three branches of
state government, and particularly by the Department of Corrections. Defendants
are committed, however, to finding and implementing long-term solutions
for the State's prison system.
Respectfully submitted this 21st day of February, 2003.
Respectfully submitted, WILLIAM H. PRYOR JR. ATTORNEY
ELLEN LEONARD (LEO008)
ASSISTANT ATTORNEY GENERAL
CHARLES B. CAMPBELL (CAM046)
ASSISTANT ATTORNEY GENERAL OF COUNSEL:
Office of the Attorney General State of Alabama
11 South Union Street
Montgomery, Alabama 36130
(334) 242-2433 FAX
WILLIAM F. ADDISON (ADD002)
ASSISTANT ATTORNEY GENERAL OF COUNSEL:
Alabama Department of Corrections Legal Division
101 South Union Street
Montgomery, Alabama 36130
(334) 353-3891 FAX
TROY R. KING (KIN047)
COUNSEL FOR GOVERNOR RILEY
WILLIAM D. DILL (DIL014)
COUNSEL FOR GOVERNOR RILEY OF COUNSEL:
Governor's Legal Office
600 Dexter Avenue Room NB-05
Montgomery, AL 36130-3024
CERTIFICATE OF SERVICE I hereby certify that I have on this, the 21st day of February, 2003, served a true and correct copy of the foregoing document upon counsel by first-class United States Mail, postage prepaid and properly addressed as follows:
Attorneys for the Plaintiff:
John A. Russell, III, Esq.
202 Broad Street Aliceville, AL 35442
Tamara Serwer, Esq.
Lisa Kung, Esq.
Stephen Bright, Esq.
Southern Center of Human Rights
83 Popular Street, N.W.
Atlanta, GA 30303-2122
Attorneys for NaphCare, Inc.:
Jay Patton, Esq.
Jay Murrill, Esq.
Giles Perkins, Esq.
Miller, Hamilton, Snider Odum, L.L.C.
2501 20th Place South, Suite 450
Birmingham, Alabama 35223