House passes bill to extend domestic violence protections to grandparents, grandchildren, and step grandparents
On February 22, 21-year-old Jared Smith-Bracy was charged with murdering his grandparents, 80-year-old Leonard Smith and 72-year-old Barbara Smith; his brother, 27-year-old Jeremy Smith; and 71-year-old family friend Shelia Glover in Daphne. Tragically, Smith-Bracy had been arrested earlier after an altercation at the home. He was released. On Thursday, State Representative Matt Simpson explained to the Alabama House of Representatives that if similar events had occurred with parents or a girlfriend, Smith-Bracy would likely have been charged with domestic violence rather than assault and would have been held overnight for a cooling-off period – rather than immediately getting out and returning to the home for his murderous rampage. House Bill 76 (HB76) was introduced by Simpson in response to this incident and the apparent oversight in Alabama law. “The bill originally just dealt with grandparents,” Simpson said. “After working in the committee, we included step-grandparents and grandchildren.” The committee changes were made in a committee amendment to HB76. The House voted 105 to 0 to adopt the committee amendment. Simpson explained that the legislation includes a “no contact provision to keep him from going to that home.” Rep. Arnold Mooney said, “We just had two sheriff’s deputies shot coming into his parents’ home. He was abusive to his parents. Thank you for bringing this bill Rep. Chris England said, “Over the years, in domestic violence situations, you can make warrantless arrests. They do not necessarily have to see the incident.” “The bill makes sense,” England continued. “This is one of those bills that could prevent a very tragic incident from happening. I applaud you for bringing it.” Simpson is a former prosecutor. According to the synopsis, “Under existing law, a person commits the crime of domestic violence if the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. This bill would provide that a grandparent may be a victim of domestic violence.” The committee amendment added step-grandparents and grandchildren. HB76 passed the House of Representatives in a 105 to 0 vote. It now goes to the Senate for their consideration. The bill has been referred to the Senate Judiciary Committee. Jared Smith-Bracy has been charged with five counts of capital murder and could potentially face the death penalty. Tuesday will be day 16 of the 2023 Alabama Regular Legislative Session. The regular session is limited by the Alabama Constitution of 1901 to no more than thirty legislative days during a regular session. The House will convene at 1:00 p.m. and the Senate at 2:30 p.m. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passes legislation so drug dealers can be charged with manslaughter in overdose deaths
On Thursday, the Alabama House of Representatives passed legislation allowing prosecutors to charge a drug dealer with manslaughter if they provide a controlled substance that causes someone to die. House Bill 82 (HB82) was sponsored by State Representative Chris Pringle. Pringle explained that he had friends in Mobile who mortgaged their house, mortgaged everything they had to pay for their son to get through rehab. His drug dealer stalked him. The drug dealer kept calling him, followed him to Narcan on meetings, and even lied to his mother to get his number. Finally, he broke him down. “The drug dealer talked her son into buying an oxycodone laced with fentanyl, and he died,” Pringle said. Pringle explained that with HB82, “If you give someone a controlled substance and you are not a doctor or a pharmacist, and you kill someone, you can be charged with manslaughter.” Juandalynn Givan expressed concerns that college students could get charged with manslaughter if they do drugs with their friends and one of their friends overdosed and died. “I have walked on college campuses, and some of them are walking around like zombies,” Givan said. “We all know how it is on gameday and sometimes at other times.” “Let’s talk about the transfer of the offense to a third party,” Givan said. “We have kids who play around and buy drugs, not knowing that that drug was laced with fentanyl. If their friend died, that person would then be charged with manslaughter.” “If you are dealing a controlled substance, and you are not licensed to distribute a controlled substance, and you kill somebody, you get charged with manslaughter. You killed your friend, and you will have to live with that,” Pringle said. “If you go to Atlanta and buy 2,000 oxycodone pills from your dealer, and you sell them in Birmingham, and people start dying, then you are guilty of killing them.” “Why do we not have anything in the bill about knowingly,” Givan said. “I want to make sure that there is not an unintended consequence with the bill. It is a good bill.” Pringle said, “This is the same exact bill that has passed out of this chamber before.” The bill has passed out of the House three years in a row but has stalled in the Alabama Senate. Givan said, “Folks are lacing marijuana with fentanyl and all kinds of things.” Rep. Allen Treadaway said, “I don’t think people realize just how bad things are. Over 100,000 people have died in this country in the last year due to drug overdoses. Jefferson County had a 400 percent increase in fentanyl deaths. Students that take Ritalin to stay up studying, and if they take a Ritalin laced with fentanyl and they are dying.” Rep. Jim Hill said, “I support the bill because it is a reasonable consequence of what we are trying to do. If you sell a controlled substance and if that substance leads to the death of a third person, you either knew or you should have known what the consequences are.” Rep. Laura Hall said, “We already know who the drug dealers are.” Pringle said, “We addressed that with Mr. [Matt] Simpson’s bill dealing with the trafficking of controlled substances.” “After my friend’s son died, another child took a fentanyl-laced oxycodone from that person and died,” Pringle said. “They are charging that person now.” “This clarifies that under the law, they can be charged with manslaughter,” Pringle said. “The district attorneys want clarification that they can charge the drug dealers that are killing our children with manslaughter.” “I am talking about putting them in jail for killing people,” Pringle explained. “I think the drug dealers should be put in jail for dealing drugs. I think the drug dealers that are killing people should be put in jail for killing people.” “I personally think there are a lot more fentanyl deaths occurring than are being reported,” Pringle continued. “That is why we are putting more money in forensic labs.” Rep. Kenyatta Hassell expressed concerns that the user could alter the drugs after they purchase them from the dealer. “If he alters that drug himself, he is going to be charged,” Hassell said. “It is a real concern that if the user modified the drug himself.” “We acknowledge that people give drugs to people all the time,” said Rep. Chris England. “Under this law, they could be prosecuted for manslaughter. This is one of those bills that probably has more unintended consequences than intended consequences.” Rep. John Rogers brought an amendment adding the word “knowingly” to the bill. “I consider this a friendly amendment and ask that members vote for it,” Pringle said. The amendment was adopted on a 104 to 0 vote. “The last place you want to put a person with an addiction problem is to put them in prison,” England said of two people who use drugs together, and one of them dies. “Your bill would make that person a murderer or convicted of manslaughter.” “You’re automatically assuming that a person who is using a controlled substance is a bad person,” England said, charging that HB82 was “overcriminalization.” HB82 passed the House with a bipartisan majority of 88 to 11. The bill now goes to the Senate for their consideration. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House Democrats urge passage of strong gun laws to curb gun violence, not more prisons
On Wednesday, members of the Alabama House Democrat Caucus held a press conference to promote their bills to curb gun violence by passing more restrictions on guns. Democratic lawmakers Chris England, Phillip Ensler, and Ontario Tillman have all sponsored bills that would add certain restrictions on gun owners in Alabama. The legislators oppose the permitless carry bill that was passed last year and became law at the first of this year. “Requiring a permit makes it easier for us to recognize who is supposed to have guns,” England said. There is, “An 11 percent increase in homicides in states that have passed similar laws.” Alabama Today asked that instead of putting government limits on guns, why not build more prisons to lock up more people for longer periods of time that commit serious crimes. “There is no correlation between firearm possession and the access to them and the number of prisons that we have,” England said. “We’re lawmakers. We’re responsible for governing systems. It is impossible to suggest to people that we are governing systems if our only answer is to build more prison space; because we can’t afford it at this point, and also building more prison space will not remove the proliferation of guns we have seen since January First of this year. It is indisputable at this point that there are more guns on our streets now than ever before in our history because it is easier for people who shouldn’t have them to carry them in public. I don’t know how that helps us in regard to public safety, and it certainly does not help us when we talk about adding more prison space.” “Some of these proposals do have criminal penalties if someone violates them, so we all believe to be clear in accountability and enforcement, but building more prisons and locking people up for life for committing a crime is not where we stand,” Ensler said. “What we are saying is yes, if you commit a crime, there should be consequences, but if we want to get into the conversation of building more prisons, we need to focus on, as we have talked many times as a Caucus, is having better reentry programs. Having better services that help people stay out of prison in the first place. So, absolutely no. Building more prisons is not the solution to this. That would be an easy and cowardly way to try to address the issue.” “We are a solution looking for a problem,” Tillman said. “We are fighting the symptoms instead of the root cause. The reason why people are in prison is because they have been convicted of a serious crime or a crime attaching prison time along with it. What we need to address is the problem of gun violence. We need to reduce it. We need to curb it. We need to stop letting our children be gunned down at their workplaces, at their churches, and different places like that. This is supposed to be a safe haven. What we need to do is represent all of the people of Alabama and protect the citizens of Alabama.” “There is nothing normal or acceptable about this,” Tillman said of gun violence. “We are here today because we refuse to accept this as the new normal.” “The leading cause of death of children in Alabama is gun violence,” Tillman said. “We are not trying to take away the Second Amendment rights of people to own guns.” Tillman expressed his support for red flag laws, outlawing the Glock Switch, and “repealing dangerous laws like the before mentioned concealed carry.” “These are common sense proposals that the majority of people support,” Tillman said. “Gun violence is an epidemic that is impacting everyone,” Ensler said. “These are reasonable proven measures that have worked in other cities and other states, including in Republican states.” “Rep. Drummond has been working on a bill that has gotten out of committee legislation to keep guns off of school campuses and making sure that parents are responsible,” Ensler said. Ensler has introduced eight different measures. These include a ban on trigger activators or ‘Glock switches,’ a ban on ghost guns- guns that do not have serial numbers, a line item in the budget to fund hospital-based violence intervention programs in trauma centers, a red flag law, more mental health counselors in schools, and more, the creation of a grant program through ADECA for cities to implement programs to end gun violence. “This is a preventable crisis,” England said. Thursday will be day 15 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House OKs ban on trans athletes at a college level
Transgender women in Alabama would be prohibited from joining female sports teams in college under legislation advanced Tuesday by the Alabama House of Representatives — a part of a wave of restrictions on transgender people being pushed in conservative states. The House voted 83-5 in favor of the legislation that would extend a 2021 ban on transgender athletes in K-12 sports teams to include college teams. 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. The legislation now moves to the Alabama Senate. “Forcing women to compete against biological men would reverse decades of progress women have made for equal opportunity in athletics,” Republican Rep. Susan DuBose, the bill’s sponsor, told lawmakers. DuBose said that “no amount of hormone therapy can undo” physical advantages. 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, while opponents argue the bills are rooted in discrimination and fear. “This is discriminatory, and it is unnecessary. States and university sports leagues already have their own governing bodies to determine the best regulations that work for their students,” Carmarion D. Anderson-Harvey, state director for the Human Rights Campaign, said in a statement. The Human Rights Campaign is an advocacy group for LGTQ+ individuals. Rep. Chris England, a Democrat from Tuscaloosa who voted against the bill, said Republicans are acting like the issue is an “epidemic” problem when they can’t name examples of it happening in the state. “This is just an opportunity for people to create an issue or a solution that is looking for a problem,” England said. And Rep. Roland Hollis, a Democrat from Birmingham, said she thinks there are more important issues for the state to address, such as gun violence rates that rank among the highest in the country. Hollis abstained on the vote, along with 13 other lawmakers. Other Democrats supported the bill, however. “It is just not fair for a man to play against the women,” said Rep. Patrick Sellers, a Democrat from Pleasant Grove. Republished with the permission of The Associated Press.
Speaker says that Alabama will not pass recreational marijuana in the next four years
Alabama will have medicinal cannabis being sold as soon as the end of the year, but there are no plans to consider passing recreational cannabis in this session or even in the next four years. That was the message Speaker of the House Nathaniel Ledbetter told reporters following Tuesday’s legislative day. A reporter asked Ledbetter if the state would consider passing recreational marijuana. “That won’t come for years,” Ledbetter said. “That won’t come for the next four years….because the Speaker won’t let it on the floor.” In 2021 the Alabama Legislature passed – and Alabama Governor Kay Ivey signed – medical cannabis legislation. The legislation created the Alabama Medical Cannabis Commission (AMCC). The AMCC was tasked with writing rules for creating a limited Alabama-only medical cannabis industry. The Commission is formally considering applications from 90 firms and individuals who hope to become licensed Alabama medical cannabis growers, transporters, processors, dispensers, or integrators. The Alabama statute is highly restrictive, but there have been calls from some conservative groups to make that even more restrictive. Some conservative groups want to introduce legislation requiring women of childbearing age to obtain a negative pregnancy test before filling their monthly doctor-recommended medical cannabis order. That legislation is expected to be filed this week. There have also been calls for some in the industry to go in and tweak the 2021 legislation to allow more permits to be awarded or more medical conditions to be included as being treatable by medical cannabis. Ledbetter said he expects the Legislature to “tweak” the statute. Ledbetter did not say what tweaks he thought were likely. Thursday will be the fourth annual lobbying day for the Alabama Cannabis Coalition. The group will meet in Room #429 of the Alabama State House. They will host guest speakers and discuss the current decriminalization legislation, SB42, sponsored for the fourth year by Alabama State Senator Bobby Singleton, and HB13, aka “Cite and Release,” sponsored by Alabama House Rep. Chris England. The group favors both decriminalization of marijuana offenses and the legalization of marijuana, including home growing and the legalization of recreational marijuana. Tuesday was day 11 of the 2023 Alabama Regular Session. The regular legislative session is limited by the Alabama Constitution of 1901 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.
New Construction: Alabama’s new $975 million prison in Elmore County
A panel of state officials approved a resolution to set a new price of $975 million for constructing the new prison in Elmore County. Lawmakers will have to authorize more funding during the legislative session to fill that gap, reported WTVY. Elmore County is the home to four super prisons just in the state of Alabama alone. Elmore County Commission Chairman Troy Stubbs stated, “The prisons employ an estimated 700 people, with an annual payroll of about $30 million.” The passing of this resolution to increase the spending limit for the construction of this new super prison has received extensive backlash from many lawmakers in Alabama. Rep. Chris England tweeted, “Actual prison construction hasn’t even started yet but we are already up to a billion dollars. We haven’t even started talking about paying for the second prison yet. Add this to the billion dollars we are spending on a prison healthcare contract. This is not sustainable.” As of 2022, Alabama spends $610 Million on mass incarceration, nearly a quarter of the state’s general fund. Many question why the state is spending so much on prisons and not putting that money into children’s education to prevent incarceration in the future. For more information about the Alabama Department of Corrections, click HERE. To connect with the author of this story or to comment, email beniraeharmony@gmail.com.
Lawmakers say prison plan will continue despite cost jump
Alabama legislative leaders said Thursday they will proceed with plans to build two super-size prisons, despite the cost estimate for the first one mushrooming to nearly $1 billion. The Alabama Corrections Institution Finance Authority on Wednesday increased the spending cap for the 4,000-bed prison in Elmore County, from $623 million to $975 million. Alabama Finance Director Bill Poole said the change was needed after inflation and design alterations caused the projected cost to rise. “I wish it wasn’t there, but as all of you know, inflation has hit us pretty hard over the last few months, and that’s certainly a reflection of that,” House Speaker Nathaniel Ledbetter told reporters. Asked if the state will be able to build both prisons, Ledbetter said he thinks the state will go forward with the plan. “I mean, there might be some adjustments along the way, but as all of you know, we’ve got to do something,” Ledbetter said in reference to the state’s ongoing prison crisis. Republican Rep. Rex Reynolds, the chairman of the House general fund committee, said he had been warned recently that the increase would be needed. “That’s tough. We didn’t see that coming when we first voted on the bond money,” Reynolds said. Still, the move drew criticism from some Democrats. “Actual prison construction hasn’t even started yet, but we are already up to a billion dollars. We haven’t even started talking about paying for the second prison yet. Add this to the billion dollars we are spending on a prison healthcare contract. This is not sustainable,” Democratic Rep. Chris England wrote in a tweet. Alabama lawmakers in 2021 approved a $1.3 billion prison construction plan that tapped $400 million from the state’s share of federal pandemic relief dollars to help build two super-size prisons, including the one in Elmore County and a second one in Escambia County. The U.S. Department of Justice has an ongoing lawsuit against Alabama, accusing the state of violating the constitutional rights of male prisoners in a system “riddled with prisoner-on-prisoner and guard-on-prisoner violence.” The Justice Department noted in an earlier report that dilapidated facilities were a contributing factor to the unconstitutional conditions but wrote, “new facilities alone will not resolve” the matter because of problems with management deficiencies, corruption, violence, and other issues. Republished with the permission of The Associated Press.
72 bills have been prefiled ahead of 2023 regular session
The 2023 Alabama Regular Legislative Session begins on Tuesday. State Legislators are busy preparing for the legislative session by making the last touches on the bills they plan to sponsor in the upcoming weeks. Already 72 bills have been pre-filed ahead of the session. Alabama Today has begun examining these pieces of legislation. Twice we have reviewed ten of the most interesting of these pieces of legislation. This article looks at another ten. Senate Bill 26 is sponsored by State Sen. Merika Coleman. Under existing law, a private person may conduct a citizen’s arrest for certain public offenses. This bill would repeal an existing law authorizing a citizen’s arrest. This bill relating to the criminal procedure would repeal Section 15-10-7, Code of Alabama 1975, relating to arrests by private persons. SB26 would strike this section from current law: “(a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it….” Senate Bill 22 was introduced by State Sen. Andrew Jones. Under existing law, each county and municipality must establish a local emergency management organization to maintain public safety within its territorial limits in the event of a natural or manmade disaster or public health emergency pursuant to the state emergency management plan. The local emergency management organization is administered by a director who operates under the control of the governing body of the county or municipality. The director receives an annual salary supplement from the Alabama Emergency Management Agency in an amount necessary to provide the director an annual salary of $40,000, provided the supplement is capped at $12,000. SB22 would revise the authority of local emergency management organizations relating to entering into contracts for supplies and services for disaster relief to authorize the letting of contracts outside of the parameters of the competitive bid law if certain conditions are met. This bill would increase the annual supplemental allocation to local organizations from the state Local Emergency Management Assistance Fund from $12,000 to $17,000, to be subsequently adjusted every five years by the Consumer Price Index. This bill would provide that coursework required for certification as a local emergency management director must be recommended by the Alabama Association of Emergency Managers and approved by the Director of the Alabama Emergency Management Agency. Senate Bill 24 is sponsored by State Sen. Greg Albritton. Under existing law, indemnification agreements in contracts for the professional services of a design professional or for the construction of a road or bridge are prohibited from requiring a party to the contract to indemnify, hold harmless, or defend another party to the contract for any damages arising from the negligent conduct of the party to be indemnified. SB24 would regulate indemnification agreements between parties to a construction contract to prohibit a party to a construction contract from being required to indemnify, hold harmless, or defend another party to the construction contract for liability caused by the sole negligence, or by the wantonness, recklessness, or intentional misconduct, of the party to be indemnified. This bill would also prohibit indemnification agreements in a construction contract from requiring a party to the contract to indemnify, hold harmless, or defend another party to the contract for that party’s own negligence unless certain requirements are met, including an agreement on the extent of the monetary limit of the indemnification. The bill would limit the indemnitor’s indemnification obligation to the agreed-upon monetary limitation and would require the indemnitor to obtain insurance for that amount. Senate Bill 17 is sponsored by State Sen. Tom Butler. Under existing law, the United States Army, United States Navy, United States Marine Corps, United States Air Force, and United States Coast Guard are collectively called the United States Armed Forces. This bill would provide that all references to the United States Armed Forces shall include the United States Space Force. Senate Bill 19 is sponsored by State Sen. William “Billy” Beasley. Under existing law, the Alabama Job Creation and Military Stability Commission is comprised of one retired senior member of the United States Armed Forces for each of the four major military facilities in Alabama: Redstone Arsenal, Anniston Army Depot, Maxwell Air Force Base including the Gunter Annex, and Fort Rucker. This bill would expand the membership of the commission to include a retired senior member of the Armed Forces for Fort Benning – which is actually in Georgia but is so close to the state line that military personnel at Fort Benning routinely live in Greater Phenix City, Alabama and beyond. Senate Bill 21 is sponsored by Sen. Linda Coleman-Madison. Under existing law, an individual who has lost their right to vote based upon a past criminal conviction may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote under certain circumstances, including payment of all fines, court costs, fees, and victim restitution as ordered by the sentencing court and completion of probation or parole and release from compliance by the court or Board of Pardons and Paroles. This bill would eliminate the application requirement and the Certificate of Eligibility to Register to Vote and require the Board of Pardons and Paroles to determine whether an individual may have their right to vote restored if the individual has lost their right to vote because of conviction in a state or federal court and has been pardoned or released from incarceration or period of probation or parole. This bill would allow an indigent individual to have their right to vote restored if they have paid all fines and restitution and is in compliance with an approved payment plan for the payment of court costs and fees or an approved community service plan to offset the payment of court costs and fees. Senate Bill 13 is sponsored by Sen. Tim Melson. Under existing law, physical therapy may only be performed based on a referral from a licensed physician, dentist, chiropractor, physician assistant,
Ten more pre-filed bills to watch
Last week, Alabama Today looked ahead at the coming 2023 Alabama Regular Legislative Session. We looked at ten of the more interesting of the 36 bills that had been pre-filed at that time. Since then, 22 more bills have been pre-filed by legislators. As more bills have been pre-filed, we look at ten more bills that could become law this year. House Bill 34 was introduced by Rep. Tracy Estes (R-Winfield). HB34 would provide that it is unlawful to discharge a firearm on school property. Under existing law, it is already unlawful to discharge a firearm into an occupied or unoccupied school building. This bill would make a person who shoots or discharges a firearm into an occupied school bus or school building guilty of a Class B felony. A person who shoots or discharges a firearm into an unoccupied school bus or school building shall be guilty of a Class C felony. House Bill 40 was introduced by Rep. Jim Hill (R-Odenville). Under existing law, retired justices and judges may be called to active duty status and are compensated for their service. This bill would provide that retired justices and judges receive per diem, mileage, and be provided court-supportive personnel. This bill would require retired justices and judges to complete at least six hours of approved continuing legal education annually. House Bill 31 was sponsored by Rep. Artis “A.J. McCampbell (D-Livingston). Under existing law, a public K-12 school or school district determined to have poor performance is labeled by the State Superintendent of Education as failing to make adequate progress or as a failing school under the school grading system. Also, under existing law, the Alabama Accountability Act of 2013 provides financial assistance through an income tax credit to a parent who transfers a student from a failing public school to a nonfailing public school or nonpublic school of the parent’s choice. HB31 would change the designation of a failing school to a fully supported school and the designation of a nonfailing school to a non-fully supported school for the purposes of school grading and the Alabama Accountability Act of 2013 and would require the State Board of Education to reflect those changes in terminology when amending or adopting rules. House Bill 43 is sponsored by State Rep. Pebblin Warren (D-Tuskegee). Under existing law, a child six years of age on or before December 31 is entitled to admission to the first grade in public elementary schools, and a child five years of age on or before September 1 is entitled to admission to the local public-school kindergarten. HB43 would allow a child who becomes six years of age between September 1 and December 31 to be admitted to the first grade as long as they have completed kindergarten or otherwise demonstrates first-grade readiness. This mandatory kindergarten bill has passed the House of Representatives in the past two years but failed in the Senate. This bill would also allow a child under five years of age on September 1 to be admitted to public kindergarten under certain circumstances. House Bill 46 is sponsored by Rep. Allen Treadaway (R-Morris). This bill would permit any individual retired under the Employees’ Retirement System, who was classified as a law enforcement officer, to perform duties as a school resource officer without suspension of his or her retirement allowance. House Bill 36 was sponsored by Rep. Terri Collins (R-Decatur). Under existing law, the Solid Waste and Recyclable Materials Management Act regulates the disposal and recycling of solid waste and recyclable materials. This bill would define “advanced recycling” as a manufacturing process to convert post-use materials such as plastics into recycled products. This bill would specify that advanced recycling at an advanced recycling facility would not be considered solid waste disposal or incineration under the solid waste act. Term in the definition of solid waste. This bill would also define “mill scale and slag” and include the term in the definition of solid waste. House Bill 38 was also sponsored by Rep. Hill. Under existing law, a judge must sentence an offender convicted of a nonviolent offense pursuant to the presumptive sentencing standards. This bill will allow a judge to deviate from the presumptive sentencing guidelines if a defendant is convicted after requesting a trial. House Bill 28 is sponsored by Rep. Chris England (D-Tuscaloosa). Under existing law, persons with a lawful pistol permit may possess their gun on school property. This bill would remove this exemption so that even a person with a concealed carry permit may not carry a gun on school grounds. House Bill 45 is sponsored by Rep. Jeremy Gray (D-Opelika). This bill would create the Sudden Cardiac Arrest Prevention Act. It would require the State Board of Education to adopt certain guidelines to inform and educate student-athletes, parents, and coaches about the signs and symptoms of sudden cardiac arrest. This bill would require each student-athlete and his or her parent or guardian to provide written acknowledgment of receipt of information about sudden cardiac arrest before the student may participate in any athletic activity. HB45 would require a student who passes out, faints, or exhibits symptoms of sudden cardiac arrest to be pulled from the athletic activity and would prohibit the student from returning to the athletic activity until an appropriate medical professional provides written clearance for their return. This bill would require each coach of an athletic activity to receive annual training relating to sudden cardiac arrest and would provide that a coach may be suspended if he or she does not complete the necessary training or if he or she fails to pull a student from an athletic activity for fainting or exhibiting symptoms of sudden cardiac arrest. This bill would protect a coach from liability related to a student who exhibits symptoms of sudden cardiac arrest unless the coach is reckless or grossly negligent. House Bill 25 was introduced by Rep. Parker Moore (R-Decatur). Under existing law, when an offender has previously been convicted of any three or more felonies or has been previously convicted of two or more Class A or Class B felonies and subsequently commits a Class D felony, he or she is sentenced as if he or
Ten pre-filed bills to watch
Winter is almost over. The coming of Spring means flowers, cutting grass, weekend trips to the beach, lazy days on the lake fishing, turkey hunting, and baseball. It also means the Alabama Legislature is returning for the 2023 Alabama Regular Legislative Session. The constitutional purpose of the legislative session is to pass the state budgets for 2024. However, Alabama has 105 members of the State House of Representatives and 35 members of the Alabama Senate, and all of them have their own ideas about laws that they want to change. Thirty-six bills have already been pre-filed ahead of the session. Some of these bills will be dead on arrival and won’t even get a hearing in committee. Some bills, like increasing the scope of practice for podiatrists to include procedures on the ankle, are debated almost every year. This year that bill is being carried by Sen. Greg Albritton as Senate Bill 8 (SB8). The podiatrists’ scope of practice is limited by state law. This bill would make Alabama more in line with other states regarding podiatry. In the past, this legislation has been staunchly opposed by orthopedic surgeons and the Alabama Medical Association. One bill on a fast track toward passage increases the criminal penalties for drug traffickers who sell and distribute fentanyl. House Bill 1 is sponsored by State Representative Matt Simpson. This bill “would provide for mandatory terms of imprisonment for a person who engages in the unlawful sale, manufacture, delivery, or possession of one or more grams of fentanyl as a single component. This bill would also impose additional criminal penalties for subsequent violations.” As introduced, HB1 would make the sale, manufacture, or possession of one gram or more of fentanyl “trafficking” under Alabama Law. The penalty for one to less than two grams of fentanyl would be a mandatory minimum sentence of three years in prison and a minimum fine of $50,000. If two grams, but less than four grams, the mandatory minimum sentence would be ten years and a fine of $100,000. For four grams or more but less than eight grams, the sentence would be at least 25 years and a fine of $500,000. If eight grams or more life and $750,000. 107,000 Americans died of drug overdoses in 2021 – most of them from fentanyl. In Alabama, high schools dealing with overdoses during the school day is becoming a real problem for teachers and administrators. New Speaker of the House Nathaniel Ledbetter told reporters during the organizational session in January that Simpson’s legislation will be a top priority for the House Republican Caucus this session. Expect early movement on this bill. Senate Bill 12 (SB12) would make Law Enforcement Memorial Day, which is celebrated on the first Friday in May of each year, a state holiday. The bill was sponsored by State Sen. Will Barfoot. State Rep. Russell Bedsole has introduced similar legislation in the House as HB5. House Bill 4 (HB4) would make it a felony for employers to have their employees microchipped. HB4 “would prohibit employers and certain other individuals from requiring another individual to be implanted with a microchip. This bill would also make a violation of this act a Class D felony.” HB4 is sponsored by State Rep. Prince Chestnut. House Bill 24 (HB24) would ban persons “from loitering on a public roadway or in the right-of-way of a public roadway.” HB24 is sponsored by Rep. Reed Ingram. The legislation would also ban fishing from bridges. House Bill 6 (HB6) is a parental rights bill sponsored by Rep. Kenneth Paschal. HB6 would “provide that the government may not burden certain fundamental rights of parents unless the burden is narrowly tailored to a compelling state interest.” The bill affirms that fit parents have a fundamental right “to direct the education, upbringing, care, custody, and control of their children.” State Rep. Ed Oliver has introduced a bill to ban the teaching of divisive concepts. That legislation is House Bill 7. “This bill would prohibit certain public entities, including state agencies, local boards of education, and public institutions of higher education, from promoting or endorsing, or requiring affirmation of, certain divisive concepts relating to race, sex, or religion.” Banned concepts would include: a. That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior. b. That individuals should be discriminated against or adversely treated solely because of their race, color, religion, sex, ethnicity, or national origin. c. That the individual moral character of an individual is solely determined by his or her race, color, religion, sex, ethnicity, or national origin. d. That solely by virtue of an individual’s race, color, religion, sex, ethnicity, or national origin, the individual is inherently racist, sexist, or oppressive, whether consciously or subconsciously. e. That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin. f. That fault, blame, or bias should be assigned to a race, color, religion, sex, ethnicity, or national origin, or to members of a race, color, religion, sex, ethnicity, or national origin, solely on the basis of race, color, religion, sex, ethnicity, or national origin. g. That any individual should be asked to accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to apologize solely on the basis of his or her race, color, religion, sex, ethnicity, or national origin. House Bill 14 (HB14) by Rep. Chris England would require that a death penalty sentence can only be applied when there is a unanimous vote of the jurors to impose the death penalty. Presently all it takes is a majority of the jurors. House Bill 12 (HB12), also sponsored by England, would make it a class A misdemeanor if a person carrying a concealed firearm fails to inform law enforcement upon request that he or she is in possession of a concealed pistol or firearm. This
Lawmakers raise concerns, delay prison healthcare contract
Members of a legislative oversight committee on Thursday raised concerns about the Alabama prison system’s $1 billion inmate healthcare contract, questioning a state official about the cost, selection process, and lawsuits filed against an earlier version of the company. The Legislative Contract Review Committee put a 45-day hold on the contract between YesCare Corp and the Alabama Department of Corrections. The delay illustrates lawmakers’ discomfort with the contract but has little practical effect since the committee can’t void the agreement. The four 1/2-year contracts is scheduled to take effect on April 1. Democratic Rep. Chris England, a committee member, argued the contract should be canceled, saying he believed there was a “massive cloud” over the selection process. “We’re talking about a billion dollars. We are also talking about the Department of Corrections. Just based on recent activity, most if not all of the things that the Department of Corrections is involved in probably need to be looked at several times,” England said. A private practice attorney, who is defending the Alabama Department of Corrections in an ongoing lawsuit over inmate medical care, had been named to YesCare’s advisory board in June, according to a company statement. Mary-Coleman Roberts, acting general counsel for the Alabama Department of Corrections, defended the selection process. She said the bids had already been redone because of the concerns. The prison system had initially selected YesCare in July, but rescinded that decision. Roberts said there had been an allegation of improper communication with the selection committee, and although it did not involve the healthcare contract, it “looked bad.” She said they also discovered that Bill Lunsford, the attorney representing the prison system in the lawsuit over inmate care, had the offer to join the YesCare board. “We didn’t think he did anything wrong, but it was enough that we didn’t think it was fair,” said Roberts, adding that Lunsford is no longer joining the board. She said they shared information about the healthcare case with other vendors and added contract language to forbid an overlap of contractors and legal counsel. YesCare also won the second selection process. “We believe that YesCare would be a good partner for the state of Alabama,” Roberts said. She said she understood that there will “probably be some sticker shock with this price tag.” YesCare did not submit the lowest cost proposal, but they scored better for staffing and services, she said. The department did not release the scores or bids. The scoring summary for the bids will not become public record until the contract is executed, a spokeswoman for the Alabama Department of Corrections said last month. YesCare was formed out of Corizon, which previously provided healthcare services to the Alabama prison system and was the provider when a class action lawsuit was filed against the state over the quality of healthcare and mental health care. During the oversight committee meeting, Democratic Sen. Billy Beasley asked about litigation filed against YesCare and Corizon in other states. Blue Cross Blue Shield of Michigan sued Corizon over unpaid claims in 2022. “I don’t know that it would be a good idea for the state of Alabama to do business with those charged with litigation,” Beasley said. Republican Sen. Dan Roberts announced at the beginning of the meeting that the contract would be put on hold because of members’ concerns. “We respect the Alabama Legislature’s oversight role in reviewing contracts related to important state services like correctional healthcare,” YesCare CEO Sara Tirschwel said in a statement. “We will continue to work to address any questions on the part of committee members, and we look forward to returning to Alabama on April 1 to serve the people of the state.” The other companies that competed for the contract were Centurion, Vital Core, and Wexford. Wexford is the state’s current provider. Republished with the permission of the Associated Press.
Parole denied for 90% of Alabama inmates, a new low
Seventy-one-year-old Leola Harris is confined to a wheelchair, must undergo dialysis three times a week, and is in end-stage renal failure, her attorney said. After serving 19 years of a 35-year murder sentence, the frail woman is not a threat to anyone and should be released to a nursing home to live out her final days, he argued. The Alabama Parole Board disagreed and last week denied her parole after a brief hearing. She won’t be eligible again until 2028. The rate of state inmates being granted parole in Alabama has plummeted to a new low, with 90% of eligible inmates being rejected last fiscal year, according to agency reports. Critics of the decline say the board is not following its guidelines, and denial has become the default decision. “This denial is an injustice and a waste of tax dollars,” said former Alabama Chief Justice Sue Bell Cobb, who now heads Redemption Earned, which represented Harris. The group is a nonprofit law firm that represents aged and ill inmates whom the organization determines are worthy of release. “They are supposed to ask if someone has been adequately punished. She’s 71 and has served 19 years, without violations in 12 years,” Cobb said. “Then the next question is: Do they pose a risk to public safety? The woman is in a wheelchair and cannot even go to the bathroom by herself. She’s dying, and they just denied her parole. It is an injustice. It is shameful.” Harris’ parole was opposed by Victims of Crime and Leniency, an advocacy group for victims and their families, and the state attorney general’s office. They argued against Harris’ release because she was convicted of murder. Harris was convicted of murder for the 2001 killing of Lennell Norris, who was found dead at her kitchen table. Harris testified at her trial that Norris was a friend who would often come by her house at night but maintained she did not shoot him and that someone else was in the house that night. The three-member board granted parole to 409 inmates and turned down 3,593 others in the fiscal year that ended September 30, according to records from the Alabama Bureau of Pardons and Paroles. The grant rate of 10% is a fraction of what it had been in previous years and comes after four straight years of decline. The rate was 31% in fiscal year 2019 before falling to 20% in 2020 and then 15% in 2021. Parole board Chairwoman Leigh Gwathney declined to comment to questions submitted through an agency spokesperson. State Rep. Chris England, who has called for changes on the board, argued political concerns are driving the limited releases. “Folks that are pushing this process where we don’t release anyone are more concerned with headlines than they are with public safety,” England, D-Tuscaloosa, said. Leah Nelson, research director at the legal nonprofit Alabama Appleseed Center for Law and Justice, said the state is creating “conditions for combustion” within prisons that the U.S. Department of Justice has said are already among the most violent in the country. “We have a parole board that evidently is finding that no one meets whatever standard it has in mind. No one has any hope. We have a despair machine,” Nelson said. In 2020, guidelines were put in place, including a scoring system, to determine if release is recommended. The board conformed to the guidelines about 30% of the time, according to state records. Cam Ward, executive director of the Alabama Bureau of Pardons and Paroles, said the guidelines are just that. “The law says it’s up to the board. They have total discretion,” Ward said. He cautioned about comparing parole rates to the years before 2019, because of sentencing changes. A horrific crime in north Alabama led to changes at Alabama’s parole board. In 2018, eight months after Jimmy O’Neal Spencer was released on parole, he was charged with killing three people, including a 7-year-old and his grandmother. In 2019, Alabama Gov. Kay Ivey signed legislation overhauling the board appointment process. “If these folks are upset about the number of inmates paroled, they should come every day and listen to the horrible crimes they committed. They would understand why these violent offenders should serve their sentence,” Janette Grantham, executive director of Victims of Crime and Leniency, wrote in an email. Alabama Attorney General Steve Marshall defended the low parole rate. “By law, the paramount duty of the board is to ensure public safety—not to appease the anti-incarceration community,” his office said in a statement released through a spokesman. Stacy George, a former corrections officer who has been outspoken about prison conditions, said he believes the board should hear from inmates directly, at least remotely via computer, and find out more about their circumstances. People eligible for parole in Alabama currently do not appear before the board. “There are people that never need to actually get out of prison, but there are people that do need to get out and get a second chance,” George said. Republished with the permission of The Associated Press.
