Senator April Weaver introduces legislation making it a felony to fake an abduction
Coming off the heels of Carlee Russell’s falsified report of being abducted in Hoover, State Senator April Weaver (R-Brierfield) announced Monday that she will introduce legislation in the 2024 regular session that creates a new felony crime for faking an abduction. The 24-year-old Hoover woman admitted to faking her own abduction. “This fictitious kidnapping caused fear and shock not only throughout the legislative district I represent but also throughout our state and nation,” Sen. Weaver said in a statement. “Individuals who concoct and carry out sham kidnappings and lead our law enforcement officers on wild goose chases must be given severe penalties for their deceptive actions.” Russell was charged with two misdemeanors after her story was shown to be false. Alabama Attorney General Steve Marshall said he will seek restitution if she is convicted. Russell has been charged only with misdemeanor false reporting of an incident and misdemeanor false reporting to law enforcement. “That’s our intention if we’re able to gain a conviction, to be able to seek restitution,” Marshall said. “It is no doubt that part of the role that we have in this case is not only develop the facts to present before the prosecution but also to develop an argument relating to restitution.” Marshall has asked legislators to pass legislation increasing the penalties for reporting fabricated felonies to law enforcement/ “During the recent hoax carried out by Carlethia Russell, significant monetary and human resources were used at the local, state, and federal levels to resolve this fictitious event, and numerous volunteers donated their time in record-breaking heat to search for the reported victim,” Sen. Weaver continued. “I am proud to support our law enforcement officials and the good people of our communities by sponsoring this bill, which will bring higher punishment for those who intentionally report false abductions to law enforcement and waste precious resources.” Weaver has already begun consultations with state and local prosecutors, law enforcement officials, and the Alabama Legislative Services Agency about this proposed legislation. Sen. Weaver said that her bill will include strong prison sentences and mandatory restitution requirements for the full cost of resources expended by law enforcement agencies during a hoax abduction. Carlethia Nicole Russell is a 24-year-old Hoover woman who admitted to faking her own abduction and prompting an exhaustive three-day search for the imposter victim. Marshall is concerned that the faked abduction could potentially adversely affect future victims and how the public responds to their crisis. “The thing that I think is the most harmful is the many members of the general public that came forward in response to the concern there was an abduction of a young female and trying to find her,” Marshall said. “And I think the concern there is similar to the old crying wolf story, right? Will you have that same public outpouring of help in the future if this arises?” Weaver said that she will prefile this legislation for the 2024 Alabama Regular Legislative Session, which is scheduled to convene on February 6, 2024: To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes legislation making it a crime to chemically endanger a first responder
On Tuesday, the Alabama Senate sent legislation to Gov. Kay Ivey to make it a felony if someone chemically endangers a first responder. Sponsors say that this has become necessary due to the fentanyl crisis. Fentanyl is very potent and can be absorbed through the skin. A police officer or paramedic who comes into contact with even tiny quantities of fentanyl while interacting with a person can become extremely sick. The legislation passed the Senate on Tuesday. It had already passed the House of Representatives. House Bill 230 (HB230) is sponsored by State Representative Matt Simpson (R-Daphne). It was carried in the Senate by State Senator April Weaver (R-Briarfield). “This bill creates the crime of chemical endangerment of a first responder while that individual is performing his or her duty,” Weaver said. Senate Minority Leader Bobby Singleton (D-Greensboro) asked, “This is a felony on a person, isn’t it?” Weaver answered, “Yes, it is. We are all very interested in making sure that our first responder personnel are protected when they arrive at a scene.” Weaver said that the prevalence of fentanyl across Alabama is the impetus for this legislation. “This is creating a way for imposing penalties for the chemical endangerment of a first responder,” Weaver said. “The Department of Forensics say that they are seeing so much of that (fentanyl) throughout the state right now.” Singleton asked, “Does this bill deal with the intent to do it?” “Usually, when first responders come, it is due to an emergency,” Singleton said. “I might be having a seizure and convulsing, and I might accidentally touch your face with my hands, and I have fentanyl on them. You are coming to try to save my life. I am not trying to hurt you.” Weaver answered, “Three words: knowingly, recklessly, or intentionally.” Singleton said, “That does address my concern of intent because that is a high bar to prove. I want to make sure that we don’t do something with unintended consequences.” SB230 passed the Alabama Senate 30 to 0. “If he knowingly, negligently, or intentionally injures a first responder with a scheduled one controlled substance,” Simpson said when the legislation was in the House of Representatives. “If it is just physical injury, it is a Class C felony. If it is a serious physical injury, it is a Class B felony. To cause the death of a first responder would be a Class A felony.” Of the four classes of felonies in Alabama – A, B, C, D – A is the most serious and typically carries the largest penalties. “Why did you not have this in your previous bill,” raising the penalties for fentanyl traffickers Rep. Juandalynn Givan asked. “I did not want to muddy the water with that bill,” Simpson explained. “Researching that bill, I talked with officers who had been injured in the line of duty from exposure (to drugs).” “It is not just being around it,” Simpson said. For the crime of chemical endangerment of a first responder, the injury must be caused by “ingestion, inhalation, or contact” with the controlled substance. The House of Representatives passed HB230 as amended on a 105 to 0 vote. The legislation now goes to the governor. Tuesday was day 30 and the final day of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Paul DeMarco: Alabama legislators to consider bill to allow release of more felons this week
We are about to see the Alabama Legislature adjourn its regular session for the year in the next week or so. This is the first session for about three dozen new lawmakers in the Alabama House of Representatives and Senate who just were elected last November. A supermajority of Republicans hold power at the State House and vehemently campaigned on public safety as one of their most important priorities. Thus, it should be a real concern for citizens that Alabama legislators are on the verge of passing legislation (HB 229) that would allow certain convicted felons who are serving a sentence of life without parole yet another opportunity to appeal for early release outside of the normal appeals process. This means more victims have to go through the trauma of having to appear and beg a court to keep the offender behind bars for the sentence that has already been imposed. The supporters of this legislation explain that the bill excludes those convicted of homicide, sex crimes, and those who caused serious physical injury. However, this bill would give certain inmates yet another opportunity to petition a Judge to be released despite their previous conviction and sentence, which could include those convicted of such offenses as first-degree robbery. Thus, someone who had previously been convicted of threatening someone with a deadly weapon, who already had prior felony convictions, could be released from prison over the objections of a prosecutor and the crime victim. Interestingly, the bill says the victim has the right to oppose the release of the inmate and testify at the hearing, but there is no provision in the legislation for the victim to be notified of the hearing or that the inmate is petitioning for an early release. How can the victim express their concerns about the resentencing if they are unaware the case is back in court? By contrast, when parole hearings occur, Alabama law specifically outlines how and when the victim must be notified prior to the hearing. We cannot assume that victim notification will miraculously occur, especially since these are cases more than 23 years old; we saw how botched victim notification was four months ago when the Retroactive Mandatory Supervised Release law went into effect. Even after Senator April Weaver pointed out this shortcoming in committee last week, lawmakers still gave the current bill a “favorable report.” When victims have the courage to come forward and report crimes and follow through with prosecution, we should honor their role in our criminal justice system and not snub them years later when an inmate seeks to overturn their sentence. There has been an ongoing effort by progressive advocacy groups and Democrats to weaken the Alabama criminal justice system, and unfortunately, some Republicans are following their lead. We have seen the horrific results of these soft-on-crime policies nationwide, as weak laws lead to more violence and more crime victims. Alabama voters need to pay attention to what their legislators are supporting in Montgomery and hold accountable those who vote for laws that are contrary to promises they made on the campaign trail or the priorities of their constituents. Paul DeMarco is a former member of the Alabama House of Representatives and can be found on Twitter at @Paul_DeMarco.
Alabama House to consider ambitious special-order calendar on Wednesday
The Alabama House of Representatives will meet on Wednesday at 1:00 p.m. to consider a very ambitious proposed special-order calendar. Senate Bill 206 (SB206) is sponsored by State Senator Clyde Chambliss (R-Prattville). It is being carried on the floor by State Representative Allen Treadaway (R-Morris). SB206 creates the crime of organized retail theft and turns what used to be misdemeanor shoplifting into a felony. Senate Bill 261 (SB261) is sponsored by Sen. Dan Roberts (R-Mountain Brook). It is carried in the House by Rep. Chip Brown (R-Hollinger’s Island). The anti-ESG legislation would prohibit state and local governments from entering into certain contracts that boycott businesses in certain sectors or based on certain environmental or corporate governance criteria. Senate Bill 279 (SB279) is sponsored by Sen. Randy Price (R-Opelika) and carried in the House by Rep. Matt Woods (R-Jasper). SB279 deals with elected county superintendents of education. Under existing law, the salary for an elected county superintendent of education is required to be set by the county board of education before the beginning of the term of office. This bill would remove that requirement retroactive to July 1, 2021. Senate Bill 94 (SB94) is sponsored by Sen. April Weaver (R-Briarfield) and is carried in the House by Rep. Corley Ellis (R-Columbiana). SB94 would move the Shelby County juvenile probation services and probation officers into the state court system. Senate Bill 99 (SB99) is sponsored by Sen. Sam Givhan (R-Huntsville) and carried in the House by Rep. Prince Chestnut (D-Selma). SB99 would increase the mileage reimbursement rate received by jurors Senate Bill 56 (SB56) is sponsored by Sen. Arthur Orr (R-Decatur) and carried in the House by Rep. Allen Baker (R-Brewton). SB56 would require the use of video cameras in certain special education classrooms. Allen is bringing a substitute version of the bill. Senate Bill 292 (SB292) is sponsored by Sen. Roberts and carried by Rep. Joe Lovvorn (R-Auburn). SB292 would provide for the Department of Revenue to grant certificates of exemption from sales and use taxes to contractors and subcontractors licensed by the State Licensing Board for General Contractors for the purchase of building materials and construction materials to be used in the construction of a project for an entity that is exempt by law from paying sales and use taxes. Senate Bill 223 (SB223) is sponsored by Sen. Vivian Figures (D-Mobile) and carried in the House by Rep. Matt Simpson (R-Daphne) would include a child witness in the definition of “a physical offense, sexual offense, or violent offense” for the purpose of the Child Physical and Sexual Abuse Victim Protection Act. Senate Bill 309 (SB309) is sponsored by Sen. Chambliss and carried by Rep. Wood in the House. SB309 is related to contracts for professional services to provide for the procurement of certain professional service contracts based on competitive, qualification-based policies and procedures, as well as to provide for the advertisement of such contracts; and to subject such contracts to a fee schedule established by the Division of Construction Management of the Department of Finance. Senate Bill 198 (SB198) is sponsored by Sen. Orr and carried in the House by Rep. Cynthia Almond (R-Tuscaloosa). It would add additional offenses that would be subject to the presumptive sentencing guidelines; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy; to give a judge discretion when sentencing a person convicted of a Class C or Class D felony offense. Senate Bill 184 (SB184) is sponsored by Sen. Greg Albritton (R-Atmore) and carried in the House by Rep. Kyle South (R-Fayette). SB184 would authorize the Department of Corrections to expend funds for the recruitment and training of law enforcement officers and to further the mission of the department. South will introduce a substitute version of the bill. Senate Bill 224 (SB224) is sponsored by Sen. Figures and carried in the House by Rep. Simpson. It provides for the age of a child for the crime of transmitting obscene material to a child by computer, to establish jurisdiction for a violation of distributing a private image, and further provides for the crime of incest. Senate Bill 281 (SB281) is sponsored by Sen. Albritton and carried by Rep. Margie Wilcox (R-Mobile). SB281 creates a new distinctive license plate to benefit the USS Alabama Battleship Commission. Senate Bill 285 (SB285) is sponsored by Sen. Jones and carried in the House by Rep. Terri Collins (R-Decatur).SB285 will allow nonprofit organizations to host wine festivals. Senate Bill 176 (SB176) is sponsored by Sen Orr and carried by Rep. Collins. SB176 is the Student Right to Know Act of 2023. It requires the Alabama Commission on Higher Education to collect and make available online data for students to plan for their educational and professional futures; and for the Workforce Division of the Department of Commerce to share data and information with ACHE. Senate Bill 192 (SB192) is sponsored by Sen. Albritton and is carried in the House by Rep. Donna Givens (R-Loxley). SB192 would allow private corporations to limit access to industrial facilities and that industrial access roads to continue to be maintained as a public corporation. Senate Bill 263 (SB263) is sponsored by Sen. Donnie Chesteen (R-Dothan) and carried in the House by Rep. Terri Collins (R-Decatur). SB263 makes changes to the Alabama Accountability Act of 2013. It revises the law to change the term failing school to priority school and nonfailing to qualifying school to make other changes. Senate Bill 258 (SB258) is sponsored by Sen. Andrew Jones (R-Centre). It deals with nonprofit corporations that provide water services to the public authorizing a one-time audit by the Department of Examiners of Public Accounts. There is a substitute version of this bill. Senate Bill 103 (SB103) is sponsored by Sen. Orr: and carried by Rep. Almond. It would require the Alabama Ethics Commission to provide exonerating evidence to persons accused of ethics wrongdoing. Almond will introduce a substitute. Senate Bill 76 (SB76) is sponsored by Sen. Will Barfoot (R-Pike Road). It is carried in the House by Rep. Lovvorn. SB76 establishes the Rural Logging Support Act, funding supporting rural economic Development. Wednesday will be Day 28 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature awards Law Enforcement Medal of Honor
On Thursday, two Bibb County deputies were awarded the Alabama Law Enforcement Medal of Honor for their successful pursuit of a dangerous career criminal. Deputies Brad Johnson and Chris Poole engaged in a high-speed pursuit of Austin Hall. After crashing the stolen car, Hall engaged the officers in a deadly gun battle. Both officers were shot in the gun battle with Hall. Officer Johnson was declared dead the next day. House Resolution 181 reads: “COMMENDING DEPUTY BRAD JOHNSON AS A RECIPIENT FOR THE 2023 ALABAMA LEGISLATIVE MEDAL OF HONOR FOR LAW ENFORCEMENT. WHEREAS, it is with highest commendation that we recognize Deputy Brad Johnson as a recipient of the 2023 Alabama Legislative Medal of Honor for Law Enforcement, Alabama’s highest law enforcement award for extraordinary courage in the line of duty; and WHEREAS, on June 29, 2022, Deputy Chris Poole initiated the pursuit of a vehicle that was reported stolen in Calera and driven by a 26-year-old felon, who had been arrested on 46 criminal charges since the age of 17; at periods during the pursuit, speeds exceeded 100 miles per hour; and WHEREAS, the driver lost control of the vehicle and began firing gunshots towards Deputy Poole, who reported on his radio that he had been shot and urged Deputy Johnson, who had joined the pursuit, to back off because of the continuing gunfire; and WHEREAS, Deputy Johnson, who was determined to provide support for Deputy Poole, arrived at the scene, began firing, and placed two shots through the windshield; as Deputy Johnson stepped onto the side rail of his Sheriff’s Department vehicle, he successfully fired two additional rounds before sustaining a gunshot wound as well; both deputies were transported by police escort to UAB Hospital in Birmingham, where Poole was treated and released, and Johnson was placed on life support, which was removed the following day; and WHEREAS, Deputy Brad Johnson was pronounced dead shortly after 3:15 P.M. on June 30, 2022; andWHEREAS, for his bravery on June 29, 2022, and for the events that followed, Deputy Brad Johnson, is highly honored and deserving of the 2023 Legislative Medal of Honor; now therefore, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE LEGISLATURE OF ALABAMA, That we hereby recognize and honor the late Deputy Brad Johnson as recipient of the 2023 Legislative Medal of Honor for Law Enforcement and by copy of this resolution prepared in honor and tribute, we commend his memory to the citizens of Alabama.” House Resolution 179 is the resolution honoring Deputy Poole. Poole was present with his family, as was the family of the late Deputy Johnson and members of the Bibb County Sheriff’s Department. The Law Enforcement Medal of Honor is awarded annually by the Legislature. Lieutenant Governor Will Ainsworth told the members of law enforcement present for the joint session: “On behalf of the people of Alabama, we appreciate what you do to keep Alabama safety.” Senate President Pro Tempore Greg Reed said, “When we are at our worse, they are at their best.” Speaker of the House Nathaniel Ledbetter said, “What an honor it is to be here today in the presence of greatness.” “We pray for you, and we pray that God puts his protection around you,” Ledbetter added. “Thank you for your service and what you do for our state.” Alabama Law Enforcement Agency Secretary Hal Taylor thanked the Legislature for giving this annual award and credited former State Rep. Howard Sanderford for starting this, “and thank you for keeping it going.” “What yall do every day is absolutely incredible for the people of Alabama,” Taylor told the officers. “We appreciate you more than you now.” Rep. Rex Reynolds said, “In Alabama, we stand with law enforcement.” Reynolds warned, “The law enforcement profession is under attack.” Reynolds said that since he was 17, Hall had been charged with 49 prior offenses prior to his violent encounters with Deputies Poole and Johnson. Hall had been released from prison just days prior on good time, even though he had other charges pending in the courts. Alabama Today asked if Hall should have been out of prison last June. “That was the basis for Senator [April] Weaver’s bill,” Reynolds said. That bill significantly curtailed good time sentence reductions awarded by prison wardens. Reynolds said that a similar situation occurred with the Huntsville police officer who was killed earlier this year. Reynolds is the former Huntsville Chief of Police. The awards ceremony occurred during a special joint session of both Houses of the Alabama Legislature. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Senate OKs ban on trans athletes at a college level
Alabama could soon join other states that ban transgender women from playing on female sports teams in college, under legislation nearing final approval in the state. State senators voted 26-4 on Wednesday for the House-passed legislation that extends a 2021 ban on transgender athletes on K-12 sports teams to also include college teams. The bill now returns to the Alabama House of Representatives, where lawmakers must decide whether to accept a minor change to the bill. The bill is part of a wave of restrictions on transgender people being pushed in conservative states. At least 20 other states have now imposed restrictions on transgender athletes at the K-12 or collegiate level, or both. Supporters said transgender women have an unfair advantage in competition. “They are bigger than women. They are stronger. They’re faster. They have larger hearts, denser bones, stronger muscles,” Republican Sen. April Weaver, of Brierfield, said. “I don’t think that is something any hormone therapy can undo.” Opponents have said the bills are about shaming transgender people and are rooted in discrimination and politics. An advocacy group urged Ivey to veto the bill when it comes to her desk. “HB 261 is part of a coordinated effort by extremist politicians trying to advance their anti-LGBTQ+ agenda. These politicians know that state and university sports leagues already have their own governing bodies to determine the best regulations that work for their students. And, they know that an outright ban on transgender athletes exacerbates discrimination against LGBTQ+ people, is not based on the facts, and does not help women’s sports,” said Carmarion D. Anderson-Harvey, Alabama director of the LGBTQ+ advocacy group Human Rights Campaign. The bill states that sports teams “designated for females, women, or girls shall not be open to a biological male.” Similarly, a “biological female” would also not be allowed to participate on teams for boys and men. Democratic Sen. Rodger Smitherman, of Birmingham, asked Weaver how a school would know a person’s gender at birth. Weaver replied that the person’s original birth certificate would suffice. The bill has faced nominal opposition in the Alabama Legislature. The bill cleared the House of Representatives on an 83-5 vote, with more than a dozen members abstaining on the vote. Republished with the permission of The Associated Press.
Susan Dubose briefs Birmingham Young Republicans on Legislative session
The Greater Birmingham Young Republicans (GBYR) met on Thursday in Vestavia Hills to hear State Representative Susan Dubose discuss legislation being considered by the Alabama Legislature during the ongoing 2023 Alabama Regular Legislative Session. GBYR President Stephanie Petelos said that Dubose is a first-term member of the Alabama House and is the former head of the North Shelby County Republican Women, which meets monthly to full meetings at a country club. It was announced at the meeting that a Shelby County Young Republicans chapter is being organized. “I am excited about the Shelby County chapter,” Dubose said. “I represent District 45, which includes parts of Jefferson, Shelby, and St. Clair Counties.’ Dubose said the legislation to ban holding a cell phone while driving, essentially requiring hands-free devices, is likely dead for the session. “That was tabled,” Dubose said. “There were problems with that bill. It got too much overreach for me. I don’t think it is coming back.” “I passed my first bill out of committee,” Dubose said. “It is a women’s sports protection bill. It is to protect women college athletes.” “It passed unanimously,” Dubose said. “It (House Bill 261) will be on the House floor on Tuesday.” “April Weaver is running it through the Senate so it could become law,” Dubose said. “The attorney general really wants this passed.” “I am working on an age of majority law,” Dubose said. “14-year-olds are allowed to make medical decisions,” Dubose explained, saying that the age limit should be raised and that parents should be able to have the final say on their children’s medical decisions. “I would like to eliminate the grocery tax,” Dubose said. “Anthony Daniels is for it.” Dubose said, “It is not an exact loss.” Dubose explained that when you give that four percent back to the people, they are going to spend it on other things we collect sales taxes on. “I am a big believer in supply-side economics that Reagan did.” “One of the votes that we had, Vestavia Hills came to our county delegation,” Dubose said. “They wanted to raise their ad valorem taxes by 9.8 mills. They are very proud of their school system there. Many people move to Vestavia for the schools. Our entire Jefferson County Delegation voted yes unanimously.” Dubose told Alabama Today, “Regarding Vestavia Hills, the Vestavia Hills city council unanimously supports letting their residents vote on the 9.8% increase in ad valorem tax. Our Jefferson County House of Representatives delegation voted unanimously by voice vote to move the bill to the floor of the House, where it passed. I believe the people of Vestavia Hills should have a right to vote and make decisions for their own community. Vestavia Hills has a reputation for excellent schools. As a legislative body, we have given the residents the opportunity for a yes or no vote on the property tax increase.” “Another vote where I got real criticism for was the adoption bill,” Dubose said. Dubose said the criticism was for voting down an amendment to the bill that would have blocked any vaccine requirements for adoptive or foster parents. “That should be a personal choice, but that amendment came up at the last minute,” Dubose said. The Senate did add a vaccination amendment when that legislation passed on Thursday. The House will consider Senate changes to the bill as soon as Tuesday. “I do not believe in COVID vaccine mandates at all. That should be a personal choice,” Dubose told Alabama Today. “I voted to table the amendment on the floor because we didn’t have time to research the amendment and vet any unintended consequences. I am happy to hear that the Senate did pass the adoption bill with a slightly different amendment so that an option with exemptions from vaccines will be available for potential parents. I will happily support the adoption bill when it comes back to the House with the vaccine exemption amendment.” “That particular bill was not taking amendments on it at all,’ Dubose explained. “I knew it was going to fail. I try to vote with the Speaker when I can. “ Dubose said the House passed legislation limiting good time incentives for Alabama prisoners. “Bibb County deputy Brad Johnson was shot and killed by a felon who had been out of prison only three days after serving only a third of his sentence,” Dubose said. “Russell Bedsole carried that in the House, and then April Weaver carried that in the Senate.” “Dubose said that the Legislature also voted to outlaw exhibition driving. “This is something that the Mayor of Birmingham and the Mayor of Hoover asked us to support,” Dubose said. “We have had 16 persons and a baby killed by a Dodge Charger that was doing donuts with a crowd watching.” Dubose said the state’s economic incentives were renewed and passed out of the House on Thursday. “Surrounding states are spending a lot of money on incentives,” Dubose explained. “I support the economic incentive package “The Game Plan” proposed by our governor,” Dubose said. “This passed out of the House on Thursday.” “Where are our workers going to come from,” Dubose said of the state’s labor force participation rate. “Only 56.7% of people are in the labor force. We need them to come back to work.” “I do still worry about our workforce participation rate in Alabama, which keeps going down,” Dubose said. Dubose said the Legislature also passed DRAM shop reform legislation so that bars and restaurants that serve alcohol can get liability insurance for when a person leaves their premises and is intoxicated and is involved in a wreck. Dubose said that the Legislature also passed legislation to guarantee that patients of hospitals and nursing homes would be able to receive visitors in the future. “During COVID, so many people died alone,” said Dubose. “The bill sponsor, Debbie Wood – We sit next to each other, and she explains everything to me. Her mother actually starved to death in a nursing home.” Dubose said patients “can appoint a designated person who can visit two hours a day even if there is a crisis situation.” Dubose
Alabama House passes bill to cut back ‘good time’ incentives for inmates
On Tuesday, the Alabama House of Representatives voted to pass legislation that would decrease the amount of time inmates of Alabama’s prisons can get reduced from their sentences for good behavior while incarcerated. It also further limits which prisoners are eligible for good time incentives. Senate Bill 1 (SB1) – the Deputy Brad Johnson Act – is sponsored by State Sen. April Weaver. The legislation was carried in the House by State Rep. Russell Bedsole. SB1 is titled in remembrance of Bibb County Sheriff’s Deputy Brad Johnson – who was gunned down by a dangerous felon released by the Alabama Department of Corrections (ADOC) on good time. Bedsole – a Shelby County Deputy – said that passage of SB1 would make Alabama communities safer. “We know that we can’t totally solve crime in our communities. Just incarceration alone is not the answer.” SB1 reduces the number of reductions in sentences served that a prisoner can earn for good behavior, further limits the number of prisoners eligible for good time incentives, and requires ADOC to make reports on the application of good time incentives. “The reporting will come back to the legislature,” Bedsole explained. “We are not putting a mandate on them to go out and buy new reporting software.” House Minority Leader Anthony Daniels said that the abuses in the system occurred during the previous ADOC leadership. “It is not fair to hold the current leadership responsible for the failings of the past leadership,” Daniels said. State Rep. Phillip Pettus told Bedsole, “I appreciate what you have done on this. I hope that we don’t have another picture up here of another law enforcement officer up here.” State Rep. John Rogers called the bill “Overkill.” Rogers said the real problem is the lack of rehabilitation of prisoners in ADOC custody. “You have countries all over the world that rehabilitate prisoners, but we do not do it here in Alabama,” Rogers said. “Why would you punish the entire system? I hope that you pull this bill.” “You have got one guard for every 200 prisoners,” Rogers said. “We have had four women get pregnant in prison in a women’s prison. How does a woman get pregnant in all women’s prison?” “We need new prisons, but you have to have money to pay guards a decent wage,” Rogers said. Bedsole said, “Did you know that a person who commits a murder in prison can still get good time?” Rep. Christopher England said, “For 100 and some years, Democrats controlled the Legislature. You know one thing that Democrats absolutely screwed up? Prisons and justice. Then Republicans got in there. For six years, we created class D felonies – everybody doesn’t like that now – Community corrections, drug courts, and we worked on releasing prisoners. You know what happened? Crime went down, and the number of prisoners went down. We had a horrible tragedy happen in Marshall County (the Jimmy Spencer slayings of three people while on parole). In November 2019, we reformed the parole system. Now we aren’t letting anybody out. The new Republicans that are here have completely unraveled how we deal with prisons. The prison population has also skyrocketed. You know what also happened: crime skyrocketed. Now it has gotten to the opposite extreme where we don’t let anybody out. The parole board is only giving parole to ten percent of prisoners eligible for parole.” “You know what else has happened – crime has gone up,” England said. “We need all the space and resources we can get, and we are wasting it on people who are no danger to the community.” England said that releasing prisoners on parole where they are under supervision is better than waiting for the end of their sentence and then releasing them with no supervision requirements. “Over 90% of the people that go into the prison system get out,” England said. “Would you rather them get out with supervision or with no supervision?” Rep. A.J. McCampbell said, “As a former law enforcement officer, we recognize that every day we are putting our lives on the line. I hate what happened to Officer Johnson. I really do.” “We have got a lot of calamity and failure of our whole (prison) system,” McCampbell continued. “We don’t have any real solutions.” “It is unreal how many people have been denied,” McCampbell said. “Parole is supposed to be at a time where we have an opportunity to look at people while they are out in the community.” “The mistreatment that they receive in these institutions dehumanizes these people,” said Rep. Mary Moore. Bedsole said that SB1, “Revises our good time statute that has been in place since 1980. We are changing the amount of good time days we are offering. We are lowering them.” After a lengthy debate, the House of Representatives passed SB1. As it has already passed the Senate, it now has gone to the Governor’s office for her consideration. According to the synopsis, SB1 would, “Reduce the amount of correctional incentive time a prisoner receives; to require a prisoner to remain in a certain classification for a longer period of time before moving up to a higher classification; to provide for additional circumstances in which a prisoner may be required to forfeit his or her correctional incentive time; and to require the Department of Corrections to provide annual reports to the Legislature, the Governor, and the Attorney General regarding correctional incentive time. Thursday will be day 10 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the Legislature to no more than thirty legislative days during a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Gov. Kay Ivey signs legislation to impose tougher penalties for fentanyl traffickers
On Thursday, Alabama Governor Kay Ivey signed legislation that set mandatory minimum sentences for persons convicted of trafficking in fentanyl. House Bill 1 (HB1) is sponsored by State Rep. Matt Simpson. “The entire nation should take note of what we accomplished today in Alabama with the passage of House Bill 1, the bill to help combat the fentanyl crisis,” Ivey said. “Every member of the Legislature – Republican and Democrat – came together to pass this critical piece of legislation.” “Combatting this deadly drug will continue to be a top priority for our Alabama Law Enforcement Agency, and I will do everything in my power to stop this drug from being a killer in Alabama,” Ivey said. “I commend Rep. Matt Simpson for his leadership on this issue, as well as all members of the Alabama Legislature for sending this bill to my desk.” The Alabama Senate passed HB1 Thursday morning. State Sen. April Weaver carried the bill on the floor of the Senate. The debate was short as the bill was the first on the Senate’s Thursday special order calendar, and there was no opposition. The bill passed 31 to 0. “This bill deals with fentanyl,” Sen. Weaver said. “We all know that fentanyl is hurting all of our communities.” “The deaths are going up,” Simpson told reporters. “80% of the overdose deaths in this state are now from fentanyl.” “If you get caught with fentanyl, you will go to jail,” Simpson said. Simpson explained to reporters that a criminal who is caught with over 8 grams of fentanyl will get a life sentence. “One gram can kill over 500 people,” Simpson explained. “This isn’t just a big city problem.” Simpson explained that his legislation simply updates Alabama’s trafficking law. While that law set trafficking standards for cocaine, heroin, methamphetamine, and even marijuana, fentanyl was not mentioned in the statute. “It was the only drug in Alabama where there was no mandatory minimum,” Simpson explained. Speaker of the House Nathaniel Ledbetter expressed his support for the legislation. “I am elated that was my number one priority bill coming into the session has passed, “Ledbetter said. “The state of Alabama set a message today that if you are caught with it you are going away.” The votes to pass HB1 were unanimous in both Houses of the Legislature. “There is no question in the minds of the legislators just how terrible and awful it (fentanyl) is,” said Senate President Pro Tem. Greg Reed. “If you are caught trafficking fentanyl in Alabama, we want you to go to prison and be off the streets.” Over 107,000 Americans died from drug overdoses in the last 12 months. Alabama has set a new state record high in drug overdose deaths largely due to fentanyl. “Getting Narcan out there is extremely important,” Simpson said. Narcan is being used by first responders, schools, churches, and even parents to save the lives of drug overdose victims. The legislature will meet next Tuesday for the eighth legislative day of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com
Alabama House votes to increase penalties on fentanyl trafficking
On Thursday, the Alabama House of Representatives unanimously voted in favor of legislation to substantially increase the length of sentences for persons convicted of trafficking fentanyl in the state. House Bill 1 (HB1) is sponsored by State Representative Matt Simpson. “This is going after the distributors, the trafficker, the people bringing this into the communities,” Simpson explained. Fentanyl is a powerful opioid that was designed to make hospital patients unconscious during surgery. It has become the drug of choice for drug dealers as it is cheap, plentiful, highly addictive, and produces a very powerful high. Opioids, and especially fentanyl, have resulted in a massive increase in the number of Americans dying from drug overdoses. A recent report showed 107,000 Americans were killed by drug overdoses in the last 12 months. Rep. Terri Collins said, “Thank you for bringing this bill.” “I have had so many people call me about this,” Collins said. “It is a weapon of mass destruction. Having strong penalties are so important.” HB1, as written, sets the amounts of fentanyl that would constitute trafficking under Alabama law and the sentences in the Alabama criminal code for being caught smuggling or distributing those amounts in the state. Rep. John Rogers said, “I like this bill. I heard on Channel 13 that just a little residue of fentanyl in a pocket can be harmful for a child. In Birmingham, a child gave away some candy at school, and they had to send seven kids to the hospital because of fentanyl residue. “I am very excited about your bill,” Rogers said. “Can it be mixed with the water, like at the waterworks? Simpson replied, “I don’t think that fentanyl is soluble in water.” “Your bill is very good,” Rogers said. “Last week in Birmingham, five people died of fentanyl overdose, and they did not know they had fentanyl.” Simpson said, “We are trying to educate the public. The attorney general has negotiated a $300 million opioid case verdict. That is going to be used to educate the public. Half is going to the cities, and half going to the counties.” Some drug dealers lace other drugs like marijuana, cocaine, methamphetamine, counterfeit prescription drugs, and even candies with fentanyl to increase their clientele. Rogers said, “We have got people selling these dirty, dirty drugs. We have got people saying I don’t want regular marijuana. They want that dirty, dirty stuff. It smells really bad. I can smell it walking down the street in Birmingham.” Simpson said that his bill targets traffickers, not street dealers. “This is not the guy on the street,” Simpson said. “This is the main traffickers.” “I do have it broken down by weight,” Simpson said. “Just two milligrams is a lethal dose.” Rogers said, “Kids are getting it. That is what scares me more than anything else.” State Rep. Thomas Jackson said, “I want to commend you for bringing this bill. I am from southwest Alabama. Baldwin County has a problem. The state has a problem. We don’t know how many people we know who may die from this. We need to make them pay a price so deep that they never see the light again.” “We have had friends in our community that died from fentanyl,” Rep. Thomas said. “We have got a problem at the south border, and if we don’t curtail it now, we are going to lose so many people.” State Rep. Barbara Drummond has successfully sponsored legislation to limit the sale of vaping products to minors. Drummond said, “I am an advocate for young people and vaping. This piece of legislation is so important. Recently a young person’s vape pipe was laced with fentanyl. This stuff is coming out of China, and it is so dangerous.” HB1 passed the House 105 to 0. The passage was followed by a standing ovation on the floor of the House. 101 members of the House signed on as co-sponsors. Alabama Today asked Simpson how much prison time someone caught with 100 pounds of fentanyl would get under this. “Life,” Simpson replied. “This stuff is so dangerous that if police officers even get it on their hands, they are having (health) problems.” The bill had the support of every single member, and 101 of the 105 signed on as co-sponsors. “The biggest message I got from today is that this is bipartisan,” Simpson said. “That shows how dangerous fentanyl is in our communities.” Simpson explained to reporters that the bill addresses pure fentanyl, not fentanyl mixed with other drugs. “The code already has mixtures in the statute,” Simpson said. “If you have a gram of pure fentanyl that could kill 500 people.” Simpson said that the bill sends a message to drug traffickers. “We wanted them to know we are coming after you, and you are going to go to jail for a long time,” Simpson said. “One pill can kill you,” Simpson said. “Fentanyl is fifty to a hundred times more powerful than morphine. When you talk to pathologists, they will tell you that 80% of overdose deaths are fentanyl.” Simpson said that he has talked with the Attorney General, and the state’s half of the opioid settlement should go to educate the public on the dangers of fentanyl and for drug treatment. “Once somebody gets on fentanyl, we need to spend the money to get people off of fentanyl,” Simpson said. Speaker of the House Nathaniel Ledbetter said that passing HB1 and the bill overhauling adoption laws were his two biggest priorities for the session. “We have changed lives for generations to come with these two bills,” Ledbetter said. “These were my top two priorities. I am excited to get those two major bills passed out of the House.” Reporters asked Speaker Ledbetter what the difference was between fentanyl and drugs that came before, like cocaine. “The difference is how deadly it is,” Ledbetter replied. “There is enough fentanyl coming across our borer to kill every man, woman, and child in the United States. Simpson is an attorney and former prosecutor who serves on the House Judiciary Committee
Lawmakers vote to rein in use of good behavior incentives
Alabama inmates could see more time behind bars under a bill approved Thursday in the Alabama Senate that restricts the use of good behavior incentives to shorten prison stays. Senators voted 30-1 for the bill that now moves to the Alabama House of Representatives. The legislation is named after a slain Bibb County Deputy Brad Johnson. Johnson was killed in 2022 by a man law enforcement officials said was released after serving four years of a 10-year theft sentence. “I think that our number one focus is making sure that bad people that are supposed to be in prison, stay in prison,” Senate President Pro Tem Greg Reed, R-Jasper, said. While supporters said the change is needed to avoid a repeat tragedy, opponents argued the change would worsen Alabama’s ongoing prison crisis by adding to overcrowding. “If signed into law, SB1 will only agitate an already chaotic and violent system that is harming all Alabamians, including the lives of people incarcerated and correctional staff,” Dillon Nettles, the policy and advocacy director for the ACLU of Alabama, said. Alabama law now allows certain inmates sentenced to 15 years or fewer to earn up to 75 days of credit for every 30 days of good behavior. The Senate-passed bill reduces the rate that inmates accrue “good time” credit and also says inmates who commit certain offenses while in prison, including escape, would be disqualified from early release. Most Alabama inmates are ineligible for the incentives because of their sentence length or conviction. An estimated 12% of inmates are eligible. “The man that killed Deputy Johnson was released on good time. I believe he should have been behind bars on that day,” said the bill’s sponsor, Republican Sen. April Weaver of Brierfield said. The shooting happened not far from Weaver’s driveway, and the senator’s husband, an emergency room physician, rushed to try to save him. Austin Hall, the man accused of killing Johnson and shooting another deputy, had been released early from a 10-year prison sentence for theft, despite escaping from a work release center in 2019. The issues surrounding Hall’s release are complicated. He never returned to state prison custody after he was recaptured so he never had a disciplinary hearing to revoke his good time credit, a prison system spokeswoman said this summer. Court records show he was held in county jails and eventually allowed to be released on bond for the other charges he faced, according to court records. Hall now faces capital murder charges for Johnson’s death. Republished with the permission of The Associated Press.
Alabama bill would limit prison release for good behavior
Incentives for some Alabama prisoners to follow the rules in order to secure an early release would be restricted under legislation that advanced in the state Senate on Wednesday. The bill slashes the amount of “good time” inmates can receive and also says inmates who commit certain offenses while in prison, including escape and sexual assault, would forfeit all of their accrued time and would be prohibited from earning any more. The Alabama Senate Judiciary Committee voted 9-4 on Wednesday to advance the bill to the full Alabama Senate, which could be voted on as soon as Thursday. Some lawmakers argued that although changes are needed, the legislation is an overcorrection and would worsen the crowded conditions in the state’s prison. About 12% of state prisoners are now eligible for “good time” incentives. Certain inmates sentenced to 15 years or fewer can earn up to 75 days of credit for every 30 days of good behavior. The bill is named after Brad Johnson, a sheriff’s deputy in Bibb County who was shot and killed in 2022. Austin Hall, the man accused of killing Johnson and shooting another deputy, had been released early from prison under good time incentives, despite escaping from a work release center in 2019. Hall served less than four years of a nearly 10-year sentence for theft, according to state records. “His killer should have been behind bars,” said the bill’s sponsor, Sen. April Weaver. The Republican from Brierfield addressed the committee while holding a photo of the slain deputy. Johnson was shot not far from Weaver’s driveway, and the senator’s husband, an emergency room physician, rushed to try to save him. Democratic Sen. Rodger Smitherman of Birmingham said good behavior incentives encourage prisoners to follow orders — otherwise, they “would have nothing to lose.” “This bill is going considerably overboard to address an individual problem we need to look at and correct,” Smitherman said. The committee rejected a suggestion by Republican Sen. Greg Albritton of Atmore to delay the implementation date. Albritton said most prisons consist of crowded dormitory-style housing in which inmates sleep in large open rooms filled with beds. “We don’t have room for people,” Albritton said. Hall, the suspect in the deputy’s shooting, could have had his good time credit revoked for the 2019 escape, but he never returned to state custody afterward, the Corrections Department said in an email last year. Instead, he was held in local jails and eventually released on bond. He has been charged with capital murder for Johnson’s killing and is being held without bond. Gov. Kay Ivey issued an executive order in January putting uniform rules on the use of good time and seeking better communication among law enforcement agencies. Republished with the permission of The Associated Press.
