Prison commissioner stepping down from troubled department
Alabama Corrections Commissioner Jeff Dunn is stepping down after six years leading the troubled system that faces a Justice Department lawsuit over prison conditions, the governor’s office announced Tuesday. Alabama Gov. Kay Ivey said she is appointing John Hamm, the current deputy secretary of the Alabama Law Enforcement Agency, as the state’s next corrections commissioner. Hamm will take over on Jan. 1. “I have said before that Commissioner Dunn has a thankless job, but I am proud that he has led with the utmost integrity. He has helped lay the groundwork that I now look forward to building upon with John Hamm at the helm,” Ivey said in a statement. Dunn was appointed by then-Gov. Robert Bentley in 2015 to lead the troubled prison system. A retired Air Force colonel, Dunn had no experience in corrections, but Bentley said he would bring a fresh perspective to the department. He remained in the position under Ivey. During his tenure, Dunn sought additional funding to hire and retain corrections officers and helped lead the push under two administrations for prison construction. Lawmakers this year approved a plan to tap pandemic relief funds to help pay the costs of building two new super-size prisons and renovating other facilities. But his tenure also saw an ongoing prison violence crisis — at least partly fueled by the ongoing staffing shortage— and mounting troubles for the department. The Justice Department filed a civil lawsuit against Alabama last year, saying state lockups were among the deadliest in the nation and that inmates face unconstitutional levels of “prisoner-on-prisoner and guard-on-prisoner violence.” The Justice Department state officials have been deliberately indifferent to the problem. “In the two and a half years following the United States’ original notification to the State of Alabama of unconstitutional conditions of confinement, prisoners at Alabama’s Prisons for Men have continued daily to endure a high risk of death, physical violence, and sexual abuse at the hands of other prisoners,” the DOJ wrote in an updated complaint filed last month. It was signed by Attorney General Merrick Garland. U.S. District Judge Myron Thompson in 2017 ruled that Alabama’s psychiatric care of state inmates is so “horrendously inadequate” that it violates the U.S. Constitution’s ban on cruel and unusual punishment. State Rep. Chris England, who has long called for Dunn’s removal, said this was an opportunity to take the department in a new direction. He said leadership change is also needed at the parole board. Ivey’s office said Hamm has more than 35 years of experience in law enforcement and includes time working in corrections at both the state and local levels. “I will work diligently with the men and women of DOC to fulfill Governor Ivey’s charge of solving the issues of Alabama’s prison system,” Hamm said in a statement released by the governor’s office. Republished with the permission of the Associated Press.
Kay Ivey taps veteran John Hamm to lead Department of Corrections
Kay Ivey announced Tuesday that she is appointing law enforcement veteran John Hamm to serve as the next commissioner for the Department of Corrections. Hamm is currently the deputy secretary of the Alabama Law Enforcement Agency (ALEA). After almost seven years in his position, Commissioner Jeff Dunn plans to step down at the end of December. Hamm’s appointment is effective January 1, 2022. Ivey praised Dunn for his efforts in improving Alabama prisons. In a press release, Ivey commented, “For decades, the challenges of our state’s prison system have gone unaddressed and have grown more difficult as a result, but after assuming office, I committed to the people of Alabama that we would solve this once and for all. Commissioner Dunn and I have worked together to make many foundational changes, including getting the Alabama Prison Plan moving across the finish line, and I know this critical step will make a difference for decades to come.” Ivey continued, “I have said before that Commissioner Dunn has a thankless job, but I am proud that he has led with the utmost integrity. He has helped lay the groundwork that I now look forward to building upon with John Hamm at the helm.” Hamm has 35 years of law enforcement experience. He was at the helm of the State Bureau of Investigation before serving as deputy secretary of ALEA. His extensive law enforcement background also includes work in corrections, both at the state and local levels. Hamm holds a Bachelor of Science degree in Justice and Public Safety from Auburn University at Montgomery. “Ensuring public safety is at the forefront of our mission when it comes to the Alabama Department of Corrections. From protecting our inmates to correctional staff to the public, that must be a top priority, and we will have a strong leader in John Hamm,” said Governor Ivey. “We have taken important steps, and now, we must build upon those, and John has committed to me that he is prepared to do just that. I am confident in the direction we will take this department in the coming years.” Hamm commented, “I am honored and humbled by Governor Ivey appointing me as commissioner of Corrections. I will work diligently with the men and women of DOC to fulfill Governor Ivey’s charge of solving the issues of Alabama’s prison system.” “Ensuring public safety is at the forefront of our mission when it comes to the Alabama Department of Corrections. From protecting our inmates to correctional staff to the public, that must be a top priority, and we will have a strong leader in John Hamm,” said Governor Ivey. “We have taken important steps, and now, we must build upon those, and John has committed to me that he is prepared to do just that. I am confident in the direction we will take this department in the coming years.”
DOJ: Alabama prisons unimproved, remain violent and deadly
The U.S. Department of Justice says conditions in Alabama prisons have not improved since the federal government warned the state of unconstitutional conditions three years ago and that male inmates continue to live in deadly and dangerous conditions. The Justice Department last Friday filed an updated complaint in their ongoing lawsuit against Alabama over prison conditions. Justice Department officials wrote that violence remains unabated in facilities that are both overcrowded and “dangerously” understaffed. “In the two and a half years following the United States’ original notification to the State of Alabama of unconstitutional conditions of confinement, prisoners at Alabama’s Prisons for Men have continued daily to endure a high risk of death, physical violence, and sexual abuse at the hands of other prisoners,” the Justice Department wrote in the complaint signed by U.S. Attorney General Merrick Garland. The lawsuit accuses the state of operating prisons where conditions are so poor they violate the U.S. Constitution’s ban on cruel and unusual punishment and accuses state officials of being deliberately indifferent to the situation. While Alabama has acknowledged problems in state prisons, the state is disputing the Justice Department’s allegations of unconstitutional conditions and is fighting the lawsuit in court. The Justice Department’s latest filing came after a federal judge directed the department to be more specific about its accusations. The filing said dozens of inmates had been killed by other inmates in recent years and listed some of the specific incidents. In one case, a 53-year-old prisoner at Donaldson died after being strangled, and a note was found on the prisoner indicating he feared for his life because another prisoner had ordered a “hit” on him, officials wrote. The filing says at least 33 inmates were killed behind bars in 2018, 2019, and 2020. While the department reported no 2021 homicides in monthly reports, at least ten prisoner-on-prisoner homicides “have been reported by the media and advocates in the calendar year 2021,” officials wrote. The prison system does not include in its numbers deaths that are still under investigation. The Justice Department listed seven inmate homicides in 2021 where prisoners were stabbed, smothered, or choked to death. The Associated Press in September sent a records request asking for the number of inmate deaths under investigation as a potential homicide. The department responded on November 2 that it did “not label any death investigation as a ‘potential homicide,’ so we cannot provide that information.” The Justice Department wrote there is a pattern of excessive force by prison guards that is fueled by a dangerous mix of overcrowded prisons and too few officers. “Overworked security staff in the overcrowded prisons lack sufficient backup and support to manage prison security, which results in officers’ increased fear of prisoner threats and excessive force,” the department wrote. The department said, “most of Alabama’s prisons had correctional staff vacancy rates of over 50%” in the first quarter of 2021. The Justice Department also described a litany of safety and sanitation problems with buildings, including that “not one of the 13 Alabama’s prisons for men has a functional fire alarm system.” A state lawmaker, who has called for the firing of Corrections Commissioner Jeff Dunn, said Wednesday that the prison system is in crisis. “I’ve said it a million times. There is no leadership over there,” said Rep. Chris England, a Democrat from Tuscaloosa. Alabama Gov. Kay Ivey this fall signed into law a plan to use $400 million in pandemic relief funds to help build two 4,000-bed prisons and a new prison for women and renovate other facilities. Ivey and GOP legislative leaders touted the construction plan as a partial solution to the state’s longstanding problems in corrections. Critics argued buildings alone will not remedy the prison problems and said the state has needs in health care and education that could be helped by the $400 million. Republished with the permission of the Associated Press.
Alabama lawmakers OK plan to build prisons with virus cash
Amid a national debate over the use of pandemic relief funds, Alabama lawmakers swiftly approved a plan Friday to tap $400 million from the American Rescue Plan to help build two super-size prisons, brushing off criticism from congressional Democrats that the money was not intended for such projects. The Alabama Legislature gave final approval to the $1.3 billion prison construction plan, and to a separate bill to steer $400 million of the state’s $2.1 billion from the rescue funds to pay for it. With legislative leaders standing behind her, Alabama Gov. Kay Ivey signed the bills into law soon afterward. The Republican called the construction plan “a major step forward” for the prison system, which faces various federal court orders and a lawsuit from the U.S. Department of Justice. “This is a pivotal moment for the trajectory of our state’s criminal justice system,” Ivey said. President Joe Biden’s sweeping $1.9 trillion COVID-19 rescue package was signed in March, providing a stream of funds to states and cities to recover from the coronavirus pandemic. Alabama’s plan to use almost 20% of its American Rescue funds for prison construction drew criticism from some congressional Democrats, including U.S. Rep. Terri Sewell of Alabama, who argued that was not the intent of the relief program. But state Republicans argued that the expenditure addresses a public safety need and is allowed under a provision to replace lost revenue and shore up state services. Republican Sen. Greg Albritton said the funds will “go a long way” to addressing the state’s longstanding problems in prisons. “This was the right thing for Alabama to do. We’ve got crumbling infrastructure. We’ve got people housed in places that are filthy. We’ve got individuals working in conditions that are unsafe,” Albritton said. The plan drew opposition from many Democrats in the House of Representatives but had minimal dissenting votes in the state Senate, where senators approved the use of the pandemic money in a 30-1 vote and the overall construction plan in a 29-2 vote. Democratic Rep. Juandalynn Givan of Birmingham, who voted against the bills in the House, said she hopes the federal government steps in and tells the state the expenditure is not allowed. “There are many needs here in the state of Alabama and there are many people who need these funds,” she said. “But they (Republicans) saw an opportunity to take the Biden money, that $400 million, because it was just like liquid water flowing through their hands and say, ‘OK, let’s jump on it,’” Givan said. U.S. House Judiciary Committee Chairman Jerrold Nadler of New York this week sent a letter to Treasury Department Secretary Janet Yellen asking her to “prevent the misuse of ARP funding by any state, including Alabama” to build prisons. Asked Wednesday about Alabama’s plan, White House press secretary Jen Psaki said, “I would be surprised if that was the intention of the funding.” Republican legislative leaders said they are comfortable they can legally use the funds because the American Rescue Plan, in addition to authorizing the dollars for economic and health care programs, says states can use the money to replace revenue lost during the pandemic to strengthen support for vital public services and help retain jobs. The U.S. Department of Justice has sued Alabama over a prison 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 in culture, management deficiencies, corruption, violence, and other problems. The Alabama prison construction proposal calls for three new prisons — a prison in Elmore County with at least 4,000 beds and enhanced space for medical and mental health care needs; another prison with at least 4,000 beds in Escambia County and a women’s prison — as well as renovations to existing facilities. Six current facilities would close. The package of approved bills includes modest reform measures: The state will purchase a vacant private prison and use it to house parole violators — instead of sending them back to prison — and provide rehabilitation programs there to try to combat recidivism. Corrections Commissioner Jeff Dunn said the construction plan was both the “right thing to do” and would help the state “with respect to DOJ, with the other litigation.” Advocacy groups argued the state needed to take on broader reforms. “The Alabama Legislature has proved its determination to spend $400 million of American Rescue Plan funds to build two mega-prisons when we have one of the highest COVID death rates in the world,” said Katie Glenn, policy associate at the SPLC Action Fund, an arm of the Southern Poverty Law Center. “It won’t solve the problems plaguing the prison system, only decarceration can do that.” Republished with the permission of the Associated Press.
Chris England calls for ADOC commissioner Jeff Dunn to be fired
State Rep. Chris England has become yet another leader to speak out about issues within the Alabama criminal justice system, Al.com reported. England took to Twitter on Sunday and called for Alabama Department of Corrections Commissioner Jeff Dunn to be fired. Gov. Kay Ivey and other state leaders have been pushing the construction of new correctional facilities to reduce prison overcrowding and violence. In June, the deadline for investors to come aboard Ivey’s prison lease plan passed with no takers. Ivey proposed a plan to have private companies build three prisons and charge the state millions in annual rent to house prisoners in them. The Alabama Department of Corrections is currently being sued by the U.S. Department of Justice over conditions in the state prisons, saying the state is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff. Just this month, Dunn asked federal officials if COVID-19 funds could be used to improve state prisons with “better, enhanced, and/or extended infrastructure.” England Tweeted, “Let’s start with the obvious. ADOC Commissioner Jeff Dunn needs to be fired. 10 men have died in prisons THIS MONTH. Well, 10 that we know about. Not only, is the ADOC poorly managed, they routinely hide information so it’s hard to know what’s going on.” England stated, “What will it take for us to realize that Alabama’s criminal justice system is broken and it is going to take more than new buildings to fix it? We got federal lawsuits, corruption in ADOC, people dying daily in our prisons and a pardons and paroles system that doesn’t work.” State Auditor Jim Zeigler has also been a vocal opponent to Ivey’s plan for mega prisons. Zeigler commented, “The Ivey plan would have forced Alabama taxpayers to pay rents starting about $94 million a year and going up to about $106 million. At the end of 30 years, the state would own equity in the prisons of zero. No equity. That was a bad business plan. The Ivey plan did not address the problems in the prison system – the safety of staff and other inmates, overcrowding, mental health, suicide, recidivism, and inadequate job training. The plan merely threw $3.6 billion of taxpayer money into rented buildings.” Zeigler, along with more than a dozen organizations, sent a letter to Ivey in January, opposing the mega-prison plan. Representatives Rich Wingo, Arnold Mooney, and Steve Clouse all expressed concerns about the plan as well. Clouse, who chairs the budget committee, said, “there are a lot of questions that the Legislature would like answered.” Part of the letter Zeigler sent to Ivey stated, “Our prisons are unconstitutional not because they are in need of repair, but because the ADOC is the most dysfunctional department of corrections in America. The DOJ has targeted our prisons because they are racist and violent. Are we supposed to believe that the same department that got us into this mess will run functioning prisons just because they get new buildings? “Even if building modern facilities addresses some concerns, it is unlikely to take us out of the DOJ’s crosshairs. The best use of taxpayer dollars cannot be to pursue the action most expensive and least likely to avoid federal intervention—paying $2.6 billion to rent 3 prisons. Why have there been no known attempts to determine the cost of pursuing the DOJ’s actual recommendations?”
Alabama asks feds if COVID funds can be used for prisons
Alabama is asking federal officials whether COVID-19 recovery funds can be used to improve state prisons with “better, enhanced, and/or extended infrastructure.” The Montgomery Advertiser reports that Corrections Commissioner Jeff Dunn sent a letter to the U.S. Treasury Department asking the question. Dunn framed the request as enhancing health care and programming for inmates. Lawmakers have previously said they want to know if pandemic recovery funds can be used for prison construction and renovations. The question arose after Gov. Kay Ivey’s plan to lease prisons fell apart because of financing concerns. “The average age of ADOC’s facilities is over 43 years old, and while many have expanded, most have exceeded, in the past, the original design capacity,” the letter said. “Because of this, medical and mental health care and programming space is limited in many of ADOC’s facilities.” Dunn’s letter said prison improvement would comply with the guidance in federal rules that the money, along with financially helping households and businesses, can help with “systemic public health and economic challenges that may have contributed to more severe impacts of the pandemic among low-income communities and people of color.” Dunn wrote that almost all prisoners are considered indigent, and more than half are “people of color.” “These disadvantages were further exacerbated by the communal living situation,” he wrote. The letter says the prison system could use the money to increase space in prisons for health care staffing and programming and expand broadband to offer more remote learning. The U.S. Department of Justice last year sued Alabama over conditions in the state prisons, saying the state is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff. The lawsuit alleges that conditions in the prison system are so poor that they violate the ban on cruel and unusual punishment and that state officials are “deliberately indifferent” to the problems. The state is disputing the Justice Department’s allegations. Republished with the permission of the Associated Press.
Some Alabama lawmakers question Ivey’s prison lease plan
Some Alabama lawmakers on Wednesday questioned Gov. Kay Ivey’s plan to lease three new mega-prisons, saying they want to see more financial details on the plan before the administration signs the agreements. The governor’s administration plans to lease three mega prisons that would collectively house a total of 10,000 male inmates — more than 3,000 per prison — and close many existing prisons. The governor’s office has not disclosed a final cost but said the developers are aware of an “affordability limit” of $88 million per year. Two lawmakers raised concerns about the proposal during budget hearings for the Department of Corrections. They said lawmakers deserve to see more information including numbers on the claim that the state can pay for the leases with savings generated by consolidating prisons and reduced maintenance costs. Corrections Commissioner Jeff Dunn said he expects there will be an announcement on the leases “very soon” but declined to give a timeframe. Republican Rep. Rich Wingo of Tuscaloosa told Dunn that because lawmakers will be responsible for any funding shortfall, they need to know more information about the plan. “Since we are responsible for the people’s money, I am just asking you and your help before we move forward with a signature on a lease with these two developers,” Wingo said. “I think this committee deserves to know what the return on cost really is for the developers.” Republican Rep. Arnold Mooney of Indian Springs said lawmakers are, “really in the dark in what’s going on.” “Hopefully, you are correct, and I compliment you on how hard you are working on it, that you’ll be able to pay for everything through savings,” Mooney said. Mooney said the closure of existing prisons will impact the economies of local communities. Dunn told reporters afterward that he appreciated lawmakers’ concerns. “We have been working with legislative leadership in providing information. The negotiations are confidential because we are dealing with two separate private entities so there’s an element of that,” Dunn said. Republican Rep. Steve Clouse of Ozark, who chairs the budget committee, said, “there are a lot of questions that the Legislature would like answered.” Clouse said lawmakers have been told that 11 to 13 existing prisons would close, and that the savings would pay for the leases of $88 million per year. But he said lawmakers would like to see more details, such as who will own the prisons at the end of the leases. “Our hands have been tied not being able to see what the plan actually is. So basically we are eager to see that,” Clouse said. Republished with the permission of the Associated Press.
Jim Zeigler: Prison lease plan may be a 30-year mistake costing $2.6 billion
We are risking a 30-year mistake that would cost us $2.6 billion. Governor Kay Ivey is just days away from signing contracts that will saddle taxpayers with a minimum $2.6 billion bill for leasing three new mega-prisons for 30 years. In the end, we will own equity in the prisons of exactly ZERO. The companies that held these lucrative leases will own the prisons, and we, the taxpayers, will have to start completely over and pay for the prisons a second time – pay 100% again. We would shell out billions of dollars but own nothing in the end. We Alabamians cannot let this happen. That is why I am calling for an independent management audit of Alabama’s Department of Corrections. I invite my fellow state leaders to join me in this call for transparency. Is that too much to ask when our state currently allocates a whopping 25% of our general fund budget to the prisons? That’s $624 million in 2020, folks! And you can bet your bottom dollar that percentage will keep rising. Next week, ADOC will present their proposed budget to the legislature in the budget review committee meeting. I implore our elected officials to thoroughly interrogate the spending practices and promises of the money-eating ADOC. Given that ADOC is so heavily funded and is about to be hit with an additional $88 million a year expense for 30 years, it seems prudent for legislators to have a chance to evaluate the underlying data that supposedly justifies the prison lease plan. ADOC says they need new prisons rather than renovate the existing ones. They insist it will be cheaper to pay $88 million in annual rent payments for 30 years–totaling $2.6 billion–than to fix and maintain the existing structures or to have the state build new prisons using bond funds. ADOC claims that the “consolidation cost savings” associated with closing old prisons and opening new ones will cover the $88 million price tag. Their conclusion is based on a 100% confidential study done for nearly $20 million by for-profit companies Goodwyn, Mills & Cawood and Hoar Program Management. If the claimed “consolidation cost savings” end up being overstated, ADOC will have to come crawling to the legislature licking their wounds when they inevitably need more taxpayer money. Even if ADOC does manage to scrape together the money within their current budget for the first few years, what happens when these private prison owners hike up the price after 10,000 inmates have been transferred in? The leases must be renegotiated every year. Alabama will have little choice but to pony up whatever amount the owners ask for. This is a 30-year mistake. Beyond these likely problems, the failure of ADOC to do its basic job — keeping society, staff, and inmates safe — should have us all asking, “What exactly is ADOC doing with that $624 million anyway?” An independent management audit of ADOC finances would allow legislators and the public at large to look behind the curtain and expose any misuse of our tax dollars. As it stands, the prison lease plan–one of the largest public expenditures in state history–will be pushed through with little opportunity for legislative or public scrutiny unless we halt it now. Despite ADOC efforts to conduct the entire process in secrecy, anyone who’s paying attention knows enough to see what a terribly wasteful and irreversible deal this is for Alabama. Our elected legislators have never laid eyes on the ADOC plan, and they won’t be given an opportunity to do so until Alabama is already locked in. The checks and balances by the legislative branch have been eliminated in the prison lease plan. ADOC Commissioner Jeff Dunn promised they would release the proposed contracts for these prisons by the end of 2020. Here it is, almost the end of January 2021, and nothing. Is it because ADOC doesn’t want to give the legislators any time to address their dealings in their upcoming session? ADOC insists secrecy is needed to negotiate the best deal possible with the private developers who will build and own the three mega-prisons. The more likely explanation is that ADOC wants to push this lease deal through without answering anyone. There are no good reasons why we’re jumping into bed with for-profit corporation CoreCivic—a company with a record of abuse and mismanagement. Just ask Kansas, Tennessee, and Idaho if they would ever sign up to work with CoreCivic again. A brief dive into ADOC public records reveals wasteful, unaccountable spending for decades. Since 2012 ADOC has spent $32.5 million on outside law firms, despite having an internal legal team. As for wage costs, ADOC pays over $30 million in overtime pay per year–more than four times the next highest paying agency. How easy it is for these government bureaucrats to spend our money! Given that we are the only state prison system in the country currently facing a prison lawsuit by the Department of Justice, we must be doing something wrong. Other states know better than to let their prisons run unchecked. Many conduct needed audits to catch problems before they balloon out of control. Take Mississippi, a state that recently conducted a thorough audit of its prison system. Like in Alabama, Mississippi’s prisons were under investigation by the DOJ for alleged unconstitutional treatment of inmates. In response, their commissioner called for an independent management audit to root out wastefulness or corruption. The resulting report detailed hundreds of thousands in wasteful expenses in the Mississippi DOC budget, including massage chairs, Himalayan salt lamps, and six TVs for the commissioner’s executive suite. When the findings were released, the prison system adopted all 18 recommendations within the report aimed at fixing the abuses. “Without the [audit], it would have been difficult, if not impossible, to uncover some of the misspending here,” Mississippi State Auditor Shad White said. “It is encouraging to see [the DOC’s] proactive approach to fixing the problems.” So far, Mississippi has avoided a DOJ lawsuit. Alabama has not been so blessed. In December 2020, the DOJ officially sued Alabama following findings of unsafe conditions, rampant violence, and excessive use of force on inmates.
Chris England asks Kay Ivey for a special session on criminal justice reform
Chris England rails against Alabama prisons, the parole board, and just about every other part of the criminal justice system while demanding special session.
Alabama prison system reports fourth COVID-19 case
The prison system said the inmate was moved to the Easterling Correctional Facility and placed in an isolation cell.
Lawmakers break session; Group urges state to resume paroles
Lawmakers met briefly in Montgomery in order to approve the break until April 28.
Lawmakers say they have questions on plan to lease prisons
Republican legislative leaders said they are not objecting to the proposal at this time.
