Steve Flowers: Annual Legislative Session underway
The 2022 annual regular session of the legislature has begun. It began January 11, and constitutionally can last three and one-half months, which would have it ending at the end of April. This is the last year of the quadrennium and an election year. Therefore, the legislature will not address any controversial or substantive issues. This has always been the case in Alabama politics. This rule will ring true this year as it has in past years. They will come into session, pass the budgets, then go home to campaign. They may even adjourn early this year, probably the first part of April. It will be an easy year, budget-wise. The General Fund and Special Education Trust Fund will again have growth in revenue. The economy is still percolating from the COVID recovery, especially because of the influx of federal dollars. Alabama will have received over four billion dollars from the Federal American Rescue Plan (ARP) COVID relief money. Almost half has been earmarked and given to schools, counties, and cities and will not be allocated by the legislature. The state received over $500 million in 2021. Most of that, over $400 million, went to build new prisons, which was the most significant achievement last year. There will be approximately $560 million of ARP money coming into Alabama for this year. The legislature will be able to play Santa Claus in an election year. The General Fund Chairmen, Steve Clouse (R-Ozark) in the House and Greg Albritton (R-Escambia) in the Senate, are being lobbied heavily as might be expected. They will be looking at several ways to disburse these federal dollars. The feds like the states to focus on rural broadband expansion, water and sewage projects, and hospitals and nursing homes. It will be a short and successful and non-controversial session. Governor Ivey will miss her right arm, Jo Bonner. He has served as a quasi-governor for the past three years. Kay Ivey and Jo Bonner have a lifetime bond. They are both from Wilcox County, and like family. This remote rural black belt, southwest Alabama county has spawned Jeff Sessions, Kay Ivey, Judy Bonner, and Jo Bonner. Jeff, Kay, and Judy are all about the same age. Jo is about 15 years younger and like Kay’s little brother. Kay has never not known Jo Bonner. He has been the most influential Chief of Staff to a governor in state history. In November 2021, it was announced that Jo Bonner will become President of the University of South Alabama. He will be the fourth president of the University of South Alabama, which is the third largest university in the state. Jo Bonner is perfect for this position. His decade as a congressman from Mobile and his prowess as an economic developer and civic leader coupled with his winning personality will propel the university in Mobile to a regional educational and medical center for Alabama, Mississippi, and Northwest Florida. He is revered in Washington. His political connections and persona will make the University of South Alabama a politically powerful institution. The governor made a wise and prudent move to fill the void left by Jo Bonner’s departure from the governor’s office. She made her loyal, dedicated, and extremely qualified ally, Liz Filmore, Chief of Staff. Liz had already been functioning as a quasi-Chief of Staff to Ivey and Bonner. A few months ago, Ivey adroitly convinced State Representative Bill Poole of Tuscaloosa to become her finance director. Poole is immensely and uniquely qualified for finance director. He served over a decade in the House of Representatives. Eight of those years he chaired the Education Budget Committee and wrote the State Education budget. He was and still is one of the most universally well-liked and respected legislators in the state. Bill will remain finance director and Liz will be Chief of Staff. They will be part of what Governor Ivey will rely on as her leadership team. The other two members of the four-person team will be Brooks McClendon and Nathan Lindsey, who will be elevated to Deputy Chief of Staff. Governor Ivey along with Jo Bonner has run an exemplary Ship of State administratively. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at: www.steveflowers.us.
Special session possible on relief fund spending
Alabama lawmakers say there may be a special session on how to spend the state’s remaining pandemic relief funds. Key lawmakers said there are discussions with the governor’s office on calling a special session in which lawmakers would focus only on the relief money allocation during a portion of the upcoming regular session that begins Tuesday. A spokesperson for Gov. Kay Ivey said the governor “wants this to be an early priority for the Legislature.” “She has stressed time and again that we need to invest this one-time money, not just casually spend it. Governor Ivey will continue having conversations with the Legislature, who is ultimately tasked with allocating these funds. The sooner these dollars reach the people of our state, the better,” Gina Maiola said via text message. Congress allocated $2.12 billion for Alabama through the American Rescue Plan. The state received the first half in June and has $580 million remaining after steering $80 million to hospitals and nursing homes and $400 million on a controversial prison construction plan. The state will receive a second $1.060 billion in May or June of this coming year. The state also has $191 million allocated through the America Rescue Plan’s Capital Projects Fund. State House Ways and Means General Fund Chairman Steve Clouse, R-Ozark, has said he expects lawmakers will allocate the $580 million this session and leave decisions on the $1 billion — which the state won’t receive until after the session is concluded — until a later time. Clouse said he supported the idea of a special session to isolate the issue and to get money flowing for infrastructure projects. “We need to go ahead and get the money in the pipeline because it’s going to be hard to get these projects completed in a timely manner over the next few years,” Clouse said. House Minority Leader Anthony Daniels said he also supports the idea. “It probably should be isolated by itself, so we are only focused on that. I can see the point for having a special within the regular session to isolate how, and what, to spend those COVID dollars on,” Daniels, D-Huntsville, said. Republished with the permission of the Associated Press.
Lawmakers face decisions on $1.5 billion in relief funds
Alabama lawmakers face decisions in the coming months on how to spend more than $1.5 billion in pandemic relief funds, and legislative leaders say infrastructure projects — such as broadband and sewer projects — are expected to be a spending priority. Congress allocated $2.12 billion for Alabama through the American Rescue Plan. The state received the first half in June and has $580 million remaining after steering $80 million to hospitals and nursing homes and $400 million on a controversial prison construction plan. The state will receive a second $1.060 billion in May or June of this coming year. The state also has $191 million allocated through the America Rescue Plan’s Capital Projects Fund. Senate President Pro Tempore Greg Reed, R-Jasper, said how to use the money will be one of the major issues before lawmakers in the session that begins January 11. He said proposals are still being developed, but he expects money to be steered toward a combination of local and regional projects as well as reimbursements to hospitals and other health care providers that have been hard hit during the pandemic. “You’re going to be looking at projects that are going be for individual communities,” Reed said adding that would likely be done by establishing a grant or application process. He said they are also considering line-item expenditures for “major projects that are going to be regional projects” as well as tasking the Department of Finance with managing additional reimbursement to health care providers. “There would be potentially additional dollars in healthcare that would need to go over and above the resources that we’ve already given that would go for reimbursement with hospitals, nursing homes, others.” Senate Finance and Taxation General Fund Chairmen Greg Albritton, R-Atmore, said legislative leaders plan to meet with Gov. Kay Ivey next week. He said every lawmaker has their own idea of how the remaining $580 million should be utilized. “I want this money to be invested in the future, not paying for the past. I want this money to go into matters that will make a difference for the next generation,” Albritton said. House Ways and Means General Fund Chairman Steve Clouse, R-Ozark, said he expects lawmakers will allocate the $580 million this session and leave decisions on the $1 billion — which the state won’t receive until after the session is concluded — until a later time. He anticipates a large amount of money will be put toward rural broadband and water and sewer projects. Clouse said the pandemic highlighted the lack of internet access with many children not having internet access as they tried to learn from home. “I don’t think we need to get into operating expenses and stuff that is going to require recurring revenue streams. This should be one-time capital type projects,” Clouse said. Alabama took criticism for using $400 million of pandemic relief funds for prison construction. Legislative Republicans said it was an allowed use, but critics argued it was not a proper use of the money. “Maybe our priorities will finally catch up after our $400 million we spent on prisons,” Rep. Chris England, D-Tuscaloosa, said. England said hospitals and nursing homes will be seeking additional resources, which he said is “especially relevant now that it looks like we are in the middle of another surge.” Hospitals have seen labor costs surge as they turn to contract travel staff to fill staff shortages as well as expenses for setting up clinics for monoclonal antibodies. “We’ve missed several opportunities to spend a lot of that money on education. While we were running CRT (critical race theory) out of the classroom, we ignored COVID sitting right there. We probably need to focus a little bit more resources on making sure our kids are safe from a real problem, versus an imaginary one,” England said. Republished with the permission of the Associated Press.
Gambling legislation again before lawmakers in ’22 session
Lottery and casino legislation will again be introduced in Alabama’s upcoming legislative session — with the goal of getting the measure before voters in November — but the outlook for the proposal is unclear as lawmakers face primaries this spring. Republican Sen. Greg Albritton of Range said he plans to introduce a proposed constitutional amendment that would include a state lottery, a compact with the Poarch Band of Creek Indians, and a yet-to-be-determined number of other gambling sites. “This simply needs to get off our plate, off the table. We need to deal with this, and waiting another year is not going to help us. That would just be revenue thrown aside or thrown away,” Albritton said. The Alabama Senate last year approved a proposed constitutional amendment that would establish a state lottery as well as allow nine casino sites in the state, but the measure stalled in the House of Representatives. “My goal is to find a path to get the votes that we need,” Albritton said of ongoing discussions. However, some members of the Republican leadership are doubtful about the outlook for any gambling legislation. Lawmakers face primaries in May, which brings both election concerns and time constraints in the 2022 session, a key member said. “I would be very surprised if it would pass in a regular session in an election year,” Republican Rep. Steve Clouse, chairman of the House general fund budget committee, said. “By the time we get toward to end of March, first of April, people are going to be antsy to get out of there.” Robbie McGhee, vice chairman of the Poarch Band of Creek Indians Tribal Council, said lawmakers would be giving the final decision to voters since the measure would have to be approved in a statewide vote. Albritton said his goal is to get the measure before voters in November. “I think this is the perfect opportunity to say, ‘That I’m going to give the power to people to make this decision,’” McGhee said. Gambling legislation in the past has failed under a mix of opposition from conservative lawmakers and turf wars over who would get lucrative casino licenses. Owners of dog tracks and other electronic bingo operations have argued the Poarch Creeks should not have a monopoly. Last year’s Senate-passed bill, in addition to authorizing casinos operated by the tribe, would have given existing dog tracks and electronic bingo operations, such as Greenetrack and VictoryLand dog tracks, an advantage in trying to win the other casino licenses. It is unclear what this year’s bill would mean for those sites. Albritton said he expected the sites would initially have an interim license to continue gaming. Albritton said he plans to propose that gambling revenue partly be used to fund mental health care and facilities. “That seems to be one major gap that we have in our state,” he said. Republished with the permission of the Associated Press.
Steve Flowers: Incumbency prevails in 2022 State House races
Folks, believe it or not, we are closing in on six months before next year’s election year. The primary election is set for May 24, 2022. In Alabama, all our major constitutional officers are on the ballot next year. The governor’s office is the premier race in the state, and that coveted and powerful post is set for its four-year quadrennial run. Therefore, this big political year is referred to as the gubernatorial year. Those of us who follow Alabama politics have been salivating with anticipation for a cavalcade of great races. However, the power of incumbency has devasted the big year into a yawn. All the major state offices are held by popular incumbents, who are either running unopposed or have minimal opposition. The consolation prize was that there would be the legislative races. After all, this is where the real power in the state rests. You can simply look at where the special interest and PAC money is spent to verify that fact. However, the omnipotent power of incumbency has also encroached on those races. The Alabama House of Representatives has 105 members. There are 77 Republicans and 28 Democrats. The large majority of incumbents are running for reelection – both Republicans and Democrats. The overwhelming majority of these incumbents will have no opposition. However, in the House, there will be some major changes in leadership because of retirement or moving on to new posts. Speaker of the House Mac McCutcheon is not running for reelection. This has created an interesting and spirited race within the Republican Caucus ranks for Speaker. In addition, Victor Gaston of Mobile, who is Speaker Pro Tem, is also retiring. Bill Poole of Tuscaloosa, who chaired the powerful House Ways and Means Education Budget Committee, has left the House to be the State Finance Director. House Rules Committee Chairman Mike Jones of Andalusia is running for the open Senate seat of retiring Senator Jimmy Holley. Two of the freshman House members are running for statewide office. Wes Allen of Troy is running for Secretary of State, and Andrew Sorrell of Tuscumbia is running for State Auditor. In addition, Connie Rowe of Jasper is leaving the House to become an administrative assistant to Lt. Gov. Will Ainsworth. Some of the veteran House members who are choosing to hang up their legislative cleats include Howard Sanderford of Huntsville, Mike Ball of Huntsville, K.L. Brown of Jacksonville, Kerry Rich of Marshall, Allen Farley of Jefferson, Harry Shiver of Baldwin, Mike Holmes of Elmore, and Becky Nordgren of Etowah. The most noteworthy retiree may be Representative Steve McMillan of Baldwin County, who is retiring after serving close to 43 years in the House. Steve has been a quiet yet very effective voice for the people of Baldwin County. They all will be missed. Some of the high profile and powerful members of the House, who will return for another four years with no or token opposition, are Steve Clouse of Ozark, Nathaniel Ledbetter of Dekalb County, and Danny Garrett, Jim Carns, David Wheeler, and David Faulkner of Jefferson. Danny Garrett has ascended to Chairman of the House Ways and Means Education. Other leaders returning are Chris Pringle, Reed Ingram, Randall Shedd, Tracy Estes, Chris Sells, David Standridge, Ginny Shaver, Jim Hill, Alan Baker, Joe Lovvorn, Chris Blackshear, Kyle South, Paul Lee, Jeff Sorrells, Rhett Marques, Steve Hurst, Joe Faust, and Margie Wilcox. The Democratic leadership will remain intact. There is an illustrious array of House Democratic leaders, including Anthony Daniels, Chris England, Laura Hall, Peb Warren, Barbara Boyd, A.J. McCampbell, Berry Forte, Dexter Grimsley, Thomas Jackson, Kevin Lawrence, Mary Moore, Juandalynn Givan, and veteran John Rogers. Two of the Democratic House veterans from Jefferson County, Louise Alexander and Merika Coleman, are both running for an open Jefferson County Senate Seat, leaving both their House seats up for grabs. There may be an increase in the number of females in the House of Representatives. It has already begun with the election of Cynthia Almond of Tuscaloosa, who was elected without opposition to replace Bill Poole. In addition, Patrice Penni McClammy won the Montgomery District 76 seat of her late father, Thad McClammy. She won with no opposition. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama papers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Steve Marshall advises Alabama federal contractors not to investigate employees seeking vaccine exemption
Alabama Attorney General Steve Marshall, along with Republican state legislative leaders and the state Personnel Office, have issued an advisory regarding the COVID-19 vaccine mandate for federal contractors. The advisory urges federal contractors in the state to not investigate employees seeing a religious exemption to the COVID-19 vaccine. The letter states, “Alabama-based employers, and particularly public university employers, should liberally construe—in favor of the employee—any exemption sought by an employee for medical or religious reasons. In reviewing an employee’s request for a religious exemption, employers should not inquire into the validity of an employee’s religious beliefs, including the motives or reasons for holding the belief.” The letter was co-signed by State Personnel Department Director Jackie Graham, Mac McCutcheon, Greg Reed, Danny Garrett, Arthur Orr, Steve Clouse, and Greg Albritton. The letter comes after the University of Alabama and Auburn University said they will require all federal employess to be vaccinated by December 8. The schools issued a joint statement last week saying, “As federal contractors, and like most higher education institutions, the University of Alabama System campuses – including The University of Alabama, the University of Alabama at Birmingham, and the University of Alabama in Huntsville – and Auburn University must comply with the executive order and accompanying guidance, unless that executive order is withdrawn or modified.” “Failure to comply will place our universities in jeopardy of losing hundreds of millions of dollars received through federal contracts and awards, as well as thousands of jobs funded by those dollars.” Marshall also added that any public university employee that is denied a reasonable request for exemption should contact the Civil Division of the Attorney General’s Office. The letter explains, “No employee of a public university in Alabama, nor any employee of Alabama state government, will forfeit their livelihood as a result of the federal government’s flagrant overreach.” “The Attorney General’s Office, working with the State Personnel Department, will assist in transferring these employees into other public university/state employment,” the letter continued. Marshall also added that the Attorney General’s Office is preparent a lawsuit to fight the mandate. Marshall stated on Twitter, “Alabama-based employers should liberally construe – in favor of the employee – any exemption sought by an employee for medical or religious exemptions with regards to vaccine mandates. My office is preparing its lawsuit to challenge the federal government.”
Steve Flowers: Prison issue tackled, new prisons on the way
The problem of overcrowded prisons is a dilemma that has been facing Alabama for close to a decade. It was not something that Kay Ivey created. She simply inherited the situation, and the chickens have come home to roost during her tenure. To her credit, she did not hide from the issue. She has tackled it head-on and with gusto and resolve. She and the legislature were and are under the gun because the U.S. Justice Department is breathing down their necks to resolve the inequities and unconstitutional conditions in our prisons. When you get into a scenario where the Justice Department adamantly demands some concrete resolutions, you have to act. Otherwise, they will take over the state’s prison system, mandate the resolutions, and hand you the bill. Just ask California. The Justice Department is not only building new prisons at the Golden State’s expense but also releasing a good many of their prisoners. The bottom line is if the Justice Department will mandate and take over the California Prison System, you can bet your bottom dollar that they will do the same to Alabama. We have been down this path before. Years ago, in the 1960s, during all the segregation and civil rights wars raging in the Heart of Dixie, the federal courts took over Alabama’s prison system. Governor George Wallace and Justice Frank Johnson were law school classmates and friends. Johnson was married to his lovely wife, Ruth Jenkins, while in law school. Ruth was an excellent cook, and they would have George over for dinner. Their friendship ended when they clashed over civil rights and integration. Johnson handed down most of the rulings that integrated schools and other institutions throughout the state, while Wallace lambasted Johnson daily as a scallywagging, carpetbagging, integrating liberal. Wallace won the demagogic battle and rode it to being governor for eternity. However, Johnson and the federal courts won the war. Judge Johnson took over the state prisons, and the bill was so costly that it took the State of Alabama 25 years to dig out of the financial hole. Kay Ivey is old enough to remember this disastrous solution for Alabama. That is probably why she took the bull by the horns and declared boldly in her State of the State address over two years ago that this is an Alabama problem and we need to find an Alabama solution. Gov. Kay Ivey and probably, more importantly, the state legislature has worked to resolve this imminent and pressing problem. This current Special Session called by Governor Ivey to address the need for new prisons will more than likely resolve the issue for at least the next 25 to 30 years. The legislative leadership and governor have worked prudently and harmoniously to implement a solution to this prison overcrowding issue. This joint success follows months of negotiations between Ivey and legislative leaders in determining the scope and scale of the project. The two General Fund Budget Chairmen, Representative Steve Clouse and Senator Greg Albritton deserve a lot of credit and accolades for orchestrating the pieces of the puzzle. Ivey and legislators knew that the gravity of the situation required the governor calling a Special Session. The solution will be to build two new men’s prisons with at least 4,000 beds, one in Elmore County and one in Escambia County, in addition to a new 1,000 bed women’s correctional facility in Elmore County. The new Elmore men’s facility will provide enhanced medical and mental health, substance abuse and educational programming as suggested by the Justice Department. The two new men’s prisons will cost an estimated $1.2 billion, and the women’s prison and renovations of existing prisons will cost between $600 to $700 million. The prisons will be paid for by a $785 million bond issue. The salvation for the plan was the state receiving $400 million from the federal American Recovery Plan ACT (“ARPA”), which was like manna from heaven. The heroes for their area and constituents were Senator Greg Albritton of Escambia and Senator Clyde Chambliss of Elmore, who won the new prisons for their people. These prisons are an economic bonanza for Elmore and Escambia. Chambliss got two. Hopefully, this will resolve this issue for at least a few decades. We will see. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Alabama House approves prison plan using virus funds
Alabama lawmakers on Wednesday headed toward swift approval of a prison construction package that would tap $400 million of the state’s pandemic relief funds to help pay for building three new lockups. The House of Representatives voted 74-26 for the $1.3 billion construction plan and 75-25 to use $400 million from the state’s share of American Rescue Plan dollars to help pay for the construction. The votes came after Republicans, who hold a lopsided majority in the Alabama Legislature, voted to cut off debate. The bills now move to the Alabama Senate. Republican Gov. Kay Ivey and GOP legislative leaders touted the construction plan as a partial solution to the state’s longstanding problems in corrections that led the U.S. Department of Justice to sue the state last year. The proposal brought sharp criticism from state Democrats, who argued it 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. “I’m thinking about families, and how this money was supposed to be an additional injection of resources into the community. All of these folks that have been hurting, and we’re using this $400 million to build prisons,” said Democratic Rep. Merika Coleman of Pleasant Grove. Ivey and Republican legislative leaders have argued that the plan is appropriate because the American Rescue Plan says states can use some of the funds to replace revenue lost during the coronavirus pandemic to maintain services. “We are talking about human beings and their lives,” said House Speaker Mac McCutcheon, apparently referencing the people who live and work in dilapidated and dangerous state prisons. “This money is well-spent. It is something that needs to be fixed.” The lone Democrat in Alabama’s congressional delegation, U.S. Rep. Terri Sewell, wrote on Twitter that she is disturbed her state is using the pandemic money for prisons, “especially as the virus rages in our state.” “To be clear, the current state of the Alabama prison system is abhorrent, but the use of COVID-19 relief funds to pay for decades of neglect is simply unacceptable,” she said. The Department of Justice last year sued Alabama, saying male inmates in the state live in prisons “riddled with prisoner-on-prisoner and guard-on-prisoner violence.” In a 2019 report that preceded the lawsuit, the DOJ made it clear that new prisons alone will not solve the problems. Federal officials wrote that dilapidated conditions were a contributing factor to what it called unconstitutional conditions but emphasized that, “new facilities alone will not resolve the contributing factors to the overall unconstitutional condition of … prisons, such as understaffing, culture, management deficiencies, corruption, policies, training, non-existent investigations, violence, illicit drugs, and sexual abuse.” Alabama Democratic Party chair and state Rep. Chris England said the prison plan being proposed would not translate into a better system. “We will still be overcrowded. We will still be understaffed. We will still be under-resourced. And if our current commissioner is somehow still working, we will still be mismanaged,” England said. Republican Rep. Steve Clouse of Ozark said new modern prisons — in which prisoners would be housed in cell blocks instead of large dormitories with rows of bunks — would be a “foundation” for improving the system. “It’s a piece of the puzzle. It’s a big piece,” Clouse said. The Alabama prison construction proposal calls for at least three new prisons: one with at least 4,000 beds in Elmore County with enhanced space for medical and mental health care needs; a second of the same size in Escambia County; and a women’s prison — as well as renovations to existing facilities. Six prisons would close. The package of bills also includes a retroactive sentencing change that could allow up to 700 nonviolent inmates to seek shorter sentences, and a proposal to buy an empty private prison and use it for rehabilitation programs. Outside the Alabama Statehouse, about 40 people, including some parents of inmates, protested the plan and the use of pandemic funds. Carrying a banner that read, “Stop the Spending Spree,” the group said Alabama had other needs in medical care and education. “All they want is to build these prisons. They don’t care about reform,” said Sandy Ray, whose son died in a state prison in 2019 following a confrontation with officers. Republished with the permission of the Associated Press.
Kay Ivey defends use of virus funds for prisons, bills advance
Alabama Gov. Kay Ivey on Tuesday defended her state’s plan to use pandemic relief funds to build new prisons —saying the $400 million expenditure is both allowed and needed — while a legislative committee swiftly advanced the construction plan. Ivey issued a response to U.S. House Judiciary Committee Chairman Jerrold Nadler, who urged Treasury Department Secretary Janet Yellen to block the expenditure, saying prison construction was not the intention of the American Rescue Plan. “The fact is, the American Rescue Plan Act allows these funds to be used for lost revenue, and sending a letter in the last hour will not change the way the law is written. These prisons need to be built, and we have crafted a fiscally conservative plan that will cost Alabamians the least amount of money to get to the solution required,” Ivey said. The Alabama prison construction proposal calls for at least three new prisons — one in Elmore County with at least 4,000 beds and enhanced space for medical and mental health care needs, another with at least 4,000 beds in Escambia County, and a women’s prison — as well as renovations to existing facilities. Six existing prisons would close. The $1.3 billion construction plan would tap $400 million of the state’s $2.2 billion share of American Rescue Plan dollars. The House Ways and Means Committee on Tuesday approved the appropriations bill plus a separate bond issue. At least two lawmakers, both Democrats, voted against the use of pandemic funds. Carla Crowder, executive director of Alabama Appleseed Center for Law & Justice, said during a public hearing that the proposal doesn’t address a staffing crisis or most of the issues identified by the U.S. Department of Justice in its lawsuit and reports against the state. “Buildings are not killing people,” Crowder said. She said the Justice Department reports are “primarily concerned with unabated violence, homicides, sexual assaults, excessive force by guards and introduction of contraband by staff.” The Department of Justice last year sued Alabama, saying the state prisons for men are “riddled with prisoner-on-prisoner and guard-on-prisoner violence.” “Alabama has never built 4,000-bed prisons. We can’t staff 1,000-bed prisons. This bill does nothing to address the staffing crisis that has been unmet,” she said. Rep. Steve Clouse, chairman of the budget committee, said the new prisons would be the base for the changes to the corrections plan. “It’s just a piece of the puzzle. We feel like it’s a big piece that is building the foundation. There are several different pieces, but we’ve got to get this foundation,” Clouse said. The Ozark Republican said he believed safer facilities will allow the state to better retain staff. The House Judiciary Committee on Tuesday advanced legislation that makes presumptive sentencing guidelines approved in 2013 retroactive, thus allowing nonviolent inmates sentenced before 2013 to ask for a new sentence. Bennet Wright, executive director of the Alabama Sentencing Commission, estimated that up to 700 inmates might be eligible to request new sentences. Some lawmakers have argued the state should take on more comprehensive sentencing changes. “It’s incumbent on us to figure out different ways to manage our system, so we can actually reserve space for the people who need it,” said Rep. Chris England, a Tuscaloosa Democrat. Republished with the permission of the Associated Press.
Kay Ivey promotes Alabama prison plan ahead of special session
Alabama Gov. Kay Ivey on Tuesday blamed crumbling infrastructure for the state’s prison problems as she prepares to call lawmakers back to Montgomery for a special session on prison construction. “The main issue contributing to these struggles is that our prison infrastructure is growing worse, day by day, and is not capable of truly rehabilitating inmates,” Ivey said in a speech to a Montgomery civic club. Ivey is calling a special session next week for lawmakers to vote on a $1.3 billion prison construction plan that would use $400 million of the state’s virus relief funds for prison construction. Ivey said Alabama — already facing a Department of Justice lawsuit and separate court orders to improve on prison staffing and mental health treatment — is risking a federal takeover of the prison system. “The federal courts have lawsuits against us, and they are getting closer and closer to wanting to intervene. That is something we cannot let happen. If they take over, they’ll turn prisoners out, no questions asked, free the prisoners, take control of the money the Legislature normally has priority overspending,” Ivey told reporters. While Ivey has put the focus on facilities, some lawmakers and advocacy groups have argued new buildings will not fix the issues, including those raised in the Justice Department lawsuit. The U.S. Department of Justice has sued Alabama over conditions in the state’s prisons, saying it is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff. “Buildings alone will NOT address the DOJ concerns. We need real leaders who will,” the ACLU of Alabama wrote in a tweet last week. Ivey said Tuesday that she is considering “some reforms, possibly” in the special session and is in discussion with lawmakers. The $1.3 billion proposal calls for at least three new prisons — at least a 4,000-bed prison in Elmore County with enhanced space for medical and mental health care needs; another at least 4,000-bed prison in Escambia County; and a women’s prison — as well as renovations to existing facilities. The plan includes the purchase of an empty private prison in Perry County for rehabilitation programs. The projects would be done in phases and partly funded with a $785 million bond issue, $150 million in general fund dollars, and $400 million from the state’s $2.2 billion shares of American Rescue Plan funds, a key lawmaker who drafted the proposal said. Ivey said using the virus relief funds will allow the state to build the prisons without borrowing as much money. Asked by a reporter if there were many other needs for the COVID-19 relief money, the governor replied that was speculation and “you’ve got your opinion, and I’ve got mine.” Republican Rep. Steve Clouse, who is sponsoring the bill, said the construction proposal “seems to have overwhelming support in the House and the Senate.” Clouse said the buildings are a “piece” of the solution. He said he is hopeful that more secure facilities will help the Department of Corrections in recruiting and retaining staff. Republished with the permission of the Associated Press.
Kay Ivey to call special session on prison construction
Alabama Gov. Kay Ivey is calling lawmakers into a special session later this month to vote on a prison construction plan that would use part of the state’s virus relief funds to jumpstart the building of three new lock-ups. In a letter to lawmakers announcing the special session, Ivey painted the construction project as a partial solution to the state’s longstanding prison woes — that have included a Department of Justice lawsuit over violence and a separate federal court order to improve mental health treatment behind bars. “We face an urgent need to address Alabama‘s long-standing prison infrastructure challenges,” Ivey wrote to lawmakers. “Failure to timely resolve these issues outlined in federal lawsuits could result in detrimental consequences for our state. Achieving an Alabama solution to these problems — rather than a federal court-ordered solution — is paramount.” While proponents said the construction would be a partial solution to the state’s long-standing prison problems, one lawmaker said it would put “old problems in new buildings” unless the state made additional reforms. “Just building prisons without engaging in some sort of comprehensive criminal justice reform is the definition of kicking the can down the road,” Rep. Chris England, D-Tuscaloosa, said. On the use of federal virus funds on the project, England said there are “obviously better uses of the money.” Ivey said the special session would begin Sept. 27 The proposal calls for three new prisons — at least a 4,000-bed prison in Elmore County with enhanced space for medical and mental health care needs; another at least 4,000-bed prison in Escambia County; and a women’s prison — as well as renovations to existing facilities. The projects would be done in phases and partly funded with $400 million from the state’s $2.2 billion share of American Rescue Plan funds, a key lawmaker who drafted the proposal said. “Right now, it looks like we’ve got the votes, but you never know until you get into session,” said Republican Rep. Steve Clouse, who is sponsoring the legislation. Clouse said construction is a “piece of the puzzle” in fixing the prison system and said this could be a defining moment for lawmakers. Tapping some of the state’s virus relief funds will enable the state to get started immediately with cash instead of waiting for a bond issue, Clouse said. “The stakes are high – without taking action on this issue, the federal government could take control of our prison system at a high cost to Alabama taxpayers and could even result in the forced release of prisoners. It’s time to finally resolve this issue for the people of Alabama,” Senate President Pro Tempore Greg Reed said in a statement. The U.S. Department of Justice has sued Alabama over conditions in the state’s prisons, saying it is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff. The American Civil Liberties Union of Alabama said the Justice Department is concerned about more than just buildings. “Buildings alone will NOT address the DOJ concerns. We need real leaders who will,” the ACLU of Alabama wrote in a tweet. Republished with the permission of the Associated Press.
Plan would use virus funds, bond issue to build new prisons
Alabama lawmakers on Wednesday began reviewing the latest prison construction proposal, a plan that would use a portion of the state’s virus relief funds to start building three new lockups. The proposal calls for three new prisons — at least a 4,000-bed prison in Elmore County with enhanced space for medical, mental, and other health care needs; another at least 4,000-bed prison in Escambia County; and a women’s prison — as well as renovations to existing facilities. The projects would be done in phases and partly funded with $400 million from the state’s $2.2 billion share of American Rescue Plan funds, a key lawmaker who drafted the proposal said. Proponents said the construction would be a partial solution to the state’s long-standing prison problems, which have drawn the scrutiny of federal regulators, but one lawmaker said it would put “old problems in new buildings” unless the state made additional reforms. The U.S. Department of Justice has sued Alabama over conditions in the state’s prisons, saying it is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff. “It’s a part of the puzzle,” said Rep. Steve Clouse, the House budget chairman who worked on the proposal. “It will help us with overcrowding, to provide a safer environment,” said Clouse, a Republican from Ozark, who added that safer facilities should help the prison system recruit and retain employees. Lawmakers looked at the proposal in meetings this week ahead of a possible special session on prison construction. Clouse said the initial reaction was positive, but they will be taking a firmer vote count over the weekend to gauge support. However, Rep. Chris England, a Tuscaloosa Democrat, said new prisons will not “take care of the immediate humanitarian crisis in state prisons.” England said additional reforms are needed to address staffing, overcrowding, and violence. “In my opinion, until you deal with the lack of leadership in the department and the problems at Pardon and Paroles, you are just making new buildings and putting old problems in them,” England said. About a dozen friends and family members of inmates protested outside the Alabama Department of Corrections last week over conditions in state prisons that they argued will not be solved by new buildings. Angela Wells said her son died last October after being stabbed by another inmate at Easterling Correctional Facility. “When he first went there he told me, ‘Momma, I’m scared.’ I told him just keep on praying, that’s all you can do,” Wells said. The new plan comes after Gov. Kay Ivey’s plan to lease new prisons from private corrections companies fell apart when financers withdrew. Clouse said the state would own the facilities under the new plan instead of leasing them. He said using $400 million in Rescue Funds, as well as $150 million in general fund dollars, would allow the state to build the first facility without borrowing money and paying interest. The bill authorizes a bond issue of up to $785 million to pay for the rest of the construction. “This whole plan, I think, is a win-win-win for the taxpayers,” Clouse said. Ivey sent lawmakers a letter this week asking them to consider the proposal to address the state’s long-standing, yet urgent, prison infrastructure challenges.” “I do not use the word urgently lightly,” Ivey wrote, noting the state faces the possibility of federal court orders unless the problems are addressed. Republished with the permission of the Associated Press.
