Senate approves $800 million prison construction bill

In the wake of impeachment chatter and a gubernatorial override, Alabama Gov. Robert Bentley had a welcome win Tuesday night when the Alabama Senate approved his plan for an $800 million prison construction bill, despite objections from both sides of the aisle over a lack of debate on the issue. After voting to close debate on the issue after only a half hour, the Senate voted in favor of the Alabama Prison Transformation Initiative Act, 23 to 11. Initiated by Bentley and Department of Corrections Commissioner Jeff Dunn, the plan would fund four large new prisons and includes closing most of the existing prisons. As of the end of 2015, the state’s prisons were crammed to about 180 percent capacity. “Today is another significant step in the effort to address the prison issues, as the Senate cleared a critical hurdle in transforming Alabama’s decades-old prison system through the Prison Transformation Initiative Act,” said Bentley in a statement after the vote. “I commend the Senate for taking a bold and decisive step toward prioritizing public safety in our prison system with the construction of four new prisons. “The passage of this bill will help reduce overcrowding and will provide safer conditions for corrections officers as well as inmates within the facilities. New facilities will also create greater opportunities to reduce the risk of recidivism. As this legislation moves to the House, I look forward to working with House members to pass the Prison Transformation Initiative Act.” Bentley has said he hopes to begin construction in 2017 and have the four prisons open within three years.
Bill to build new prisons stalls in Alabama Senate

The Alabama Senate briefly discussed the Alabama Prison Transformation Initiative Act Wednesday, but ultimately shied away from taking a vote on the issue before adjourning for spring break. Senate Pro Tem Del Marsh (R-Anniston) ended debate on the subject after Senate Democrats voiced concerns over the measure. SB287 from Sen. Trip Pittman (R-Daphne) is the legislative arm of the ambitious call from Gov. Robert Bentley to systematically overhaul Alabama’s overcrowded prison system. The bill calls for the demolition of all but two of Alabama’s 16 prisons and requests $800 million in bonds to pay for the construction of four new facilities. The plan raised the ire of state contractors, engineer and architects in earlier committee hearings because of the bill’s call for a design/build method, which opponents say will end up excluding many state builders. Further concern was raised over the use of a 1-mill tax to back the bond issue. The tax currently goes to help fund the Alabama Department of Veterans Affairs and the Alabama Department of Human Resources. Democrats voiced concern over the bill because it raises prison capacity but does nothing to reduce the number of state prisoners. However, a prison reform bill passed last year, which is only beginning to show results, would reduce Alabama’s prison population. The new bill championed by Bentley would increase capacity by about 3,000 beds and is said to pay for itself through savings seen in transportation, overtime pay and other areas. The bill will likely return to the floor once senators return from spring break April 5.
Prison reform bill passes committee, moves forward to full Senate

On Wednesday, the Senate Committee on General Fund Taxation and Finance passed the long-debated Alabama Prison Transformation Initiative Act, clearing its path to go before the full Senate next week. SB287 from Sen. Trip Pittman (R-Daphne) provides an $800 million revenue bond for the demolition of 14 of Alabama’s 16 prisons and subsequent renovation of the remaining two. The bill further provides for the construction of four new prisons, three male and one female, which will pay off the bond through perceived savings. As collateral, the bill provides a 1-mill tax currently reserved for funding the Alabama Department of Human Resources (ADHR) and the Alabama Department of Veterans Affairs (ADVA). Proponents say that the tax would only be used if the Alabama Department of Corrections (ADOC) defaults on its bond payments, which is not expected to happen. In previous committee meetings, opponents spoke out against the 1-mill tax commitment as well as the design/build method laid out in the bill, which state contractors have argued would stifle competition and have a negative effect on local companies. With the 1-mill tax concerns in mind, Sen. William Holtzclaw (R-Madison) offered an amendment which would protect the ADVA and ADHR. If forced to use the money because of an ADOC default, money would taken from each agency incrementally and, if funding became unsustainable, future legislatures would be forced to fully fund both departments. The amendment further imposes a sunset on the 1-mill tax commitment to alleviate concerns that it could be on the table for many years to come. The amendment was unanimously approved, with only Pittman abstaining from the vote. In regard to the design/build method, which repeatedly drew the ire of state engineers and architects, Pittman alleged that altering that language would be a nonstarter for Gov. Robert Bentley, who contends that the method is best for the state and the project. State Finance Director Bill Newton noted that design/build would shorten the time of construction by one year and save the state about $100 million. Many committee members spoke favorably of the legislation, despite the longstanding uproar and inner-concerns over the bill. “Don’t let this die in committee today and we lose the only vehicle we have for improving those facilities,” said Sen. Cam Ward (R-Alabaster). “That would be a terrible, terrible shame for all of us.” “If this is the only way we can make things better then we ought to do it,” said Sen. Priscilla Dunn (D-Bessemer). “I think it’s time that we try to do something about it. We need to do something about these prisons.” In the end, only Sen. Paul Sanford (R-Huntsville) voted against the bill.
Robert Bentley visits Holman Prison amid inmate unrest

Multiple disturbances have occurred at the William C. Holman Correctional Facility in Atmore over the last week, causing Gov. Robert Bentley to visit the city for an update on moves being made to address the ongoing unrest. In two separate instances, inmates at the facility had committed acts of violence against other inmates and prison guards and had started fires and barricaded themselves inside the prison. Though the two uprisings had been quelled, concerns over the state of Alabama’s prisons continues. The incidents stand to prop up Bentley’s landmark prison reform measures, which have come before multiple committees in the form of legislation known as the Alabama Prison Transformation Initiative Act. Holman is a maximum-security prison designed to house 637 inmates, though it currently houses 991, which is 156 percent of capacity. During his visit to the prison, Bentley warned that more uprisings could be on the horizon if lawmakers don’t address the aged and overcrowded system. “What we have today in Alabama makes it dangerous not just for the inmates, but for our guards and our wardens,” Bentley said. “We want to minimize that.” “The facility is overcrowded, and there is a shortage of corrections officers,” the news release from Bentley’s office said. “Disturbances like what has occurred in the last three days are some examples of the issues that have plagued Alabama’s prison system for decades.”
Prison reform bill faces more opposition in Senate committee

The Senate Committee on General Fund Finance and Taxation took up the Alabama Prison Transformation Initiative Act during a hearing Wednesday when, again, lawmakers were bombarded with opposition from state architects, engineers and contractors in regard to the bill’s design/build mandate. The bill faced much the same outcry when it went before a House committee last week. “It’s a good plan,” said Sen. Trip Pittman (R-Daphne), the Senate bill’s sponsor. “But there are people opposed to it.” As per the ideas laid out in the “State of the State” address by Gov. Robert Bentley, SB287 calls for the demolition of all but two of Alabama’s 16 prisons and provides $800 million in bonds to pay for the construction of four new facilities. Alabama Department of Corrections (ADOC) Commissioner Jefferson Dunn laid out the plan. “Over the last 40 or 50 years, every governor and every member of the legislature has always been faced with the issue of corrections,” Dunn said. “We are bringing forth a plan that we believe will address these longstanding problems.” Dunn noted that the planned move would free up more resources for rehabilitation and reentry, noting that more than 80 percent of prisoners will one day join the citizenry. The four facilities being constructed – one female prison with 1,200 beds and three male prisons with 4,000 beds a piece – will cut overtimes costs for the department, as well as costs related to transportation and healthcare. Along with the four to be constructed, two current facilities will be renovated. While most committee members noted support for the measure, concerns were vast and widespread. Many were interested in which facilities would be demolished and which would remain, as well as how the ADOC would come up with the roughly $50 million required to make the annual bond payments. Sen. William Beasley (D-Clayton) noted that three prisons are in his district and their removal would “devastate” the local economy. But the concerns of lawmakers weren’t the only ones voiced – in all, seven people stood to voice their opposition to the bill. While most were architects and contractors, concerned that the bill upends the traditional design/bid/build model. Clyde Marsh, Commissioner of the Alabama Department of Veterans Affairs (ADVA), voiced concern over the bill’s use of a one-mill tax currently reserved to fund the ADVA and the Department of Human Resources as collateral for the bonds. In the event that the ADOC was unable to make its payments, the tax would be diverted to make up those payments. Lawmakers took no vote on the bill and will appear before the committee again next week.