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.
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.
Bill to change ‘good time’ law named for slain deputy Brad Johnson
Bibb County Deputy Brad Johnson was shot and killed in 2022 by a man authorities said had his prison sentence shortened under Alabama’s good-time behavior incentive law despite escaping from a prison work release center in 2019. Sen. April Weaver, who was a friend of Johnson’s and lives yards from where he was fatally shot, is proposing legislation that would roll back the use of good-time incentives, cutting the time that inmates can shave off their sentences and mandating that certain actions, including escape, cause an inmate to lose all of their credit. Austin Hall, the man accused of killing Johnson and shooting another deputy, served less than four years of a nearly 10-year sentence for theft, according to state records. “They were shot by a felon who was given good-time credits even though he had a history of a lot of bad behavior when he was incarcerated,” Weaver said at a news conference Thursday. The shooting has led to calls to revamp the good-time behavior incentive law, which Weaver and Lt. Gov. Will Ainsworth on Thursday called the most generous in the country. But opponents argue the incentives are public safety tools that encourage inmates to better themselves. The issues around the suspect’s release are also complicated. Hall could have had his good-time credit revoked for the escape, but he never returned to state custody after the escape. Alabama allows certain inmates sentenced to 15 or fewer years in prison to receive “good time” behavior incentives— earning up to 75 days of credit for every 30 days of good behavior. Most inmates, including those convicted of murder or manslaughter. are not eligible. In 2021, about 9% of state inmates were eligible for these incentives, according to the Alabama Sentencing Commission. “The subject that done this had done roughly three years of his 10-year sentence and had been out roughly three days before he shot my deputy and murdered my friend,” Bibb County Sheriff Jody Wade said Thursday. Weaver’s bill would slash incentive time credits by more than half and mandate that escape and other offenses would cause an inmate to lose all of their good time credits. It would also require the prison system to submit reports about its use. The American Civil Liberties Union of Alabama opposes Weaver’s legislation, saying “people traditionally released on ‘good time’ have earned that time, and its existence incentivizes individuals to utilize education and programming opportunities.” “This bill will further entrench our state in the issues pervading Alabama’s overcrowded and unconstitutional prisons. Limiting ‘good time’ is not in the interest of public safety, as the sponsor is purporting,” Dillon Nettles, the ACLU’s Policy and Advocacy director, said in a statement. The Department of Justice has accused Alabama of housing male prisoners in violent conditions that violate the ban on cruel and unusual punishment. Hall, was serving a nine-year sentence for theft when he escaped from a Camden Work Release Center in 2019. He was on the run for about a month before he was captured after a police chase. An Alabama Department of Corrections spokeswoman wrote in a July email that Hall had a good time balance of 2,268 days but never came back to prison custody after his escape, “so he never had a disciplinary hearing to revoke the good time.” He faced other unrelated charges, but he was allowed to bond out of local jails. Justin Barkley, chief deputy general counsel for Kay Ivey, told a legislative committee earlier this month that one issue was that Hall was in a couple of different county jails and not returned to state custody. In January, Ivey issued an executive order putting uniform rules on the use of good time and seeking better communication among law enforcement agencies. Deputy Chris Poole, the other deputy shot in the incident, recalled Johnson as a man who wanted to help others. “I watched him try to get people to change their life. It wasn’t just putting them in jail and saying we’re done with you,” Poole said. Poole said after he was shot through his windshield that he radioed Johnson saying, “Brad, don’t chase him,” but Johnson continued. Weaver’s husband, a doctor, rushed to try to help Johnson after he was shot, the county sheriff said. Republished with the permission of The Associated Press.
April Weaver: When good time is no good
Bibb County Deputy Brad Johnson was a good friend of the Weaver family who knew he could always stop by our house for a warm welcome and good conversation while on patrol in our area, so it hit close to home – both emotionally and geographically – when he was murdered at essentially the foot of our driveway. Deputy Johnson was killed, and Deputy Chris Poole was also shot in the head while chasing a stolen car being driven by Austin Hall, a felon who had been given early release from prison after earning “good time” credits despite his bad behavior behind bars. A literal fatal flaw in Alabama’s “good time law” prompted Hall’s premature release from prison even though he had previously escaped from a work release program and had other attempted escapes and violent actions on his record. Had Hall served his full prison sentence as his behavior should have required, Deputy Johnson would still be alive today. I have pledged to honor the loss of Deputy Johnson and recognize the suffering of Deputy Poole by passing legislation that plugs the hole in our good time law and ensures that such senseless and outrageous loss is never allowed to occur again. Good time, which was formerly known as “correctional incentive time,” was originally designed to encourage an inmate to behave while in custody, improve themselves in prison, and respect the orders and authority of correctional officers. Ultimately, it was a tool to help improve the safety of our correctional officers who work in environments that are inherently dangerous and often unforgiving. Encouraging good behavior in prison by rewarding an inmate with days off of his sentence can make sense if done wisely, but today, the automatic revolving door nature of early release has removed the incentive altogether. In Alabama, the law allows inmates to have up to 75 days removed from their prison sentence for every 30 days served, meaning that prisoners can serve less than one-third of their sentence. An individual sentenced to serve 15 years in prison for manslaughter, for example, could be released in little more than four years, and someone sentenced to ten years for a brutal assault could serve less than three years behind bars. Though the Legislature previously limited the categories of offenders eligible for good time, the events in Bibb County offer striking evidence that more changes must be made immediately, which is why I am asking for my reform legislation to be fast-tracked when the next session convenes. Accruing good time is currently treated as a rule that is rarely, if ever, suspended, not as a privilege that is earned only through compliant actions and proper behavior. My legislation will clearly require all inmates to prove themselves for a set term of months before good time can begin to be accrued rather than continuing the current system of starting the clock when the cell door shuts. Under the current system, good time may also be earned even if the inmate has committed crimes while incarcerated. The law as it stands, does not list any conduct occurring behind bars that would disqualify an inmate from continuing to earn good time. My legislation will explicitly prohibit access to good time for those who commit serious offenses in prison. Perhaps most troubling, Alabama currently allows more than double the amount of good time as ultra-liberal California, and our inmates are released earlier than those in 23 other states. My legislation will ensure that the reward of good time is allotted in reasonable portions and does not wholly undermine the original sentence. In recent years, our state and nation have been subjected to a deadly crime wave, and no amount of manipulated data can overshadow the headlines and offenses that all of us witness daily. Given our state’s strict adherence to traditional values, Alabama should be the safest place in the country, but making that goal a reality will require an immediate course correction in policy. On the first day of the 2023 regular session, I will ask my fellow lawmakers to join me in recognizing the suffering and sacrifice of deputies Johnson and Poole by making good time an earned privilege – not an automatic right – and taking a firm step toward truth in sentencing. April Weaver represents Senate District 14, which includes portions of Bibb, Chilton, and Shelby counties. A former member of the Alabama of Representatives, she also served as regional director of the U.S. Department of Health and Human Services under President Donald Trump.
Gov. Kay Ivey announces rules for prison ‘good time’ incentives
On Monday, Alabama Gov. Kay Ivey announced new rules for prison “good time” incentives that allow some inmates to shorten their prison stays based on their behavior. Ivey signed an executive order that she said will provide “clear rules” for prison staff and inmates on how much “good time” credit will be lost for different categories of offenses and how an inmate can restore the credit. “Our actions today, very simply put, keep violent offenders off the street, incentivizes inmates who truly want to rehabilitate and better themselves, reinforces the concept that bad choices have consequences and keeps our public safe,” Ivey said during a press conference at the Alabama Capitol. Alabama law allows inmates sentenced to 15 or fewer years in prison to receive “good time” behavior incentives to reduce their time in prison. In 2021, about 9% of state inmates were eligible for these incentives, according to the Alabama Sentencing Commission. People convicted for rape, murder, or manslaughter are ineligible. However, the order “essentially ends good time or makes it extremely difficult for anyone to earn it given the brutal conditions across the prison system,” said Carla Crowder, executive director of Alabama Appleseed Center for Law and Justice. “This is absurd and reflects state leadership that is completely out of touch with the public safety crisis in Alabama prisons. It would be laughable, if it weren’t so sad and dangerous, that anyone believes harsher punishments will fix this crisis and make anyone safer,” Crowder said. She said many of the people eligible for good time and impacted by the executive order are young people incarcerated for nonviolent drug and property offenses. Ivey’s executive order categorizes offenses from low to severe — and outlines how much “good time” will be forfeited. For example, an inmate will lose a minimum of three years of good time for a high-level violation — which includes assault, possession of a weapon, encouraging a work stoppage, and failure to obey a direct order from a prison employee. An inmate can apply for restoration in 90-day increments after a year of good behavior. Ivey said she supports the use of good time behavioral incentives, which are used to try to combat prison violence by giving inmates a reason to follow rules, but to begin with, there should be concrete rules in place. The state prison system has come under criticism and federal scrutiny for high rates of violence. The U.S. Department of Justice has an ongoing lawsuit against Alabama over prison conditions. After the fatal shootings of two law enforcement officers, some aspects of Alabama’s good time law have been criticized by state politicians. Lawmakers last year added manslaughter to the list of offenses ineligible for good time following the shooting death of Sergeant Nick Risner of Sheffield. A man accused of killing Bibb County Deputy Brad Johnson in 2022 had been released with good time despite escaping from a work release center in 2019. A spokesperson for the prison system said in July that Austin Hall, who was in a local jail on other charges after being captured, never returned to state prison custody after his escape, so he never had a disciplinary hearing to revoke the good time. Under Ivey’s order, escape would cause an inmate to permanently lose all accrued good time credit. The order also makes changes aimed at improving communication with other law enforcement agencies regarding escapes and for state prison staff to quickly assume physical custody of an escaped inmate upon recapture by another state law enforcement agency. Republished with the permission of The Associated Press.
