On civil asset forfeiture, Alabama Legislature takes initial steps toward progress

Alabamians deserve a legal system that respects their rights to due process. That includes not taking someone’s property without compensation unless there is clear and convincing evidence the property is linked to a crime. But under Alabama’s civil asset forfeiture practices, people can lose their possessions – without a conviction or even a criminal charge – at the hands of law enforcement agencies that stand to make money off what they take.

Abuses of civil asset forfeiture disproportionately harm people of color, as Arise’s fact sheet details. Strong public sentiment favoring reform has spurred the Legislature toward change early in this year’s regular session.

SB 191, sponsored by Sen. Arthur Orr, R-Decatur, would make the state’s civil asset forfeiture practices more just and equitable. The bill would help protect innocent Alabamians from having their belongings taken and sold by the government. And it is moving quickly at the State House.

Walk the plank: The origins and growth of civil asset forfeiture

The original historical purpose of civil asset forfeiture was to combat piracy. In its modern form, the practice arose to help law enforcement seize the assets of international drug kingpins in cases where American laws couldn’t reach the organization’s leaders.

But today, civil asset forfeiture has grown to a far greater size and scope. When Alabama Appleseed and the Southern Poverty Law Center reviewed 1,110 civil asset forfeiture cases filed across the state in 2015, they found that the amount seized in half of them was less than $1,400. That’s more than a month’s pay for a minimum-wage worker – but far less than it would cost to hire a lawyer to challenge the seizure in court. In Alabama, civil asset forfeiture often acts as a tool to persecute people who can’t afford to fight back.

How SB 191 would promote justice

SB 191 would stop abuses of this practice. The bill would require a criminal conviction before law enforcement could seize someone’s property. Under current law, all the state must show is that property was more likely than not connected to a crime. They then can seize that property, including a household’s only vehicle, even if the owner is never charged or convicted.

Under SB 191, misdemeanor drug possession and other minor crimes would no longer allow police to take property. That’s because the bill would require a felony conviction to subject property to forfeiture.

SB 191 would provide some minor, reasonable exceptions to the conviction requirement. For example, the state still could seize property from the estate of a person who dies before conviction. Courts also could waive the conviction requirement for a defendant who receives immunity or a lighter sentence for a felony offense in exchange for testimony or assistance in an investigation. And the property of offenders who are deported or flee the state while on bail would remain subject to forfeiture as well.

Orr’s bill would provide protections to innocent people whose property is used in commission of a crime. Cases across the country have shown many law enforcement agencies are willing to take property even when owners had no involvement in or knowledge of the crime.

SB 191 also would fix two more problems of civil asset forfeiture. First, the bill would increase government accountability by publishing the disposition of seized property on a public website. Second, the bill would forbid local law enforcement to seek “adoption” of cases by federal agencies, a practice that can allow them to sidestep state protections against civil asset forfeiture.

Rapid progress amid determined opposition

SB 191 has moved quickly so far. Orr introduced the bill Tuesday, and the Senate Judiciary Committee unanimously approved it Wednesday. The Senate debated SB 191 on Thursday but did not vote on it.

A Senate floor vote could come as soon as Tuesday, April 9. But many district attorneys, whose offices get money from forfeitures, opposed reform last year and likely will work hard against this bill.

The public overwhelmingly supports reining in the abuses of civil asset forfeiture. So call and write your state legislators to tell them that Alabama needs civil asset forfeiture reform. They need to know that the people they represent want real change now.

Arise legislative recap: March 29, 2019

Lawmakers may have been on spring break this week, but we still have plenty to discuss in our second video update of the 2019 legislative session.

 

Watch Arise organizing director Pres Harris discuss upcoming community forums on Medicaid expansion, as well as reminders on action you can take in anticipation of the Legislature reconvening on April 2.

Arise legislative recap: March 22, 2019

We had a problem Tuesday – and we were glad to have it. So many people came to Arise Legislative Day that we couldn’t fit everyone in the State House’s largest committee room! Nearly 300 Arise supporters came to Montgomery to tell their lawmakers that it’s time to expand Medicaid. We appreciate everyone who showed their support for this investment in a healthier Alabama.

 

Click above to watch Arise executive director Robyn Hyden talk about our successful Legislative Day, as well as the Senate’s vote for a bill to make Alabama’s justice system more equitable. We’re excited to build on this momentum when the Legislature returns from spring break on April 2.

Good news on court fees from the Senate Judiciary Committee

The Senate Judiciary Committee on Tuesday unanimously approved a bill that would remove a barrier to justice for low-income Alabamians. SB 30, sponsored by Sen. Cam Ward, R-Alabaster, heads to the Senate, which could vote as soon as Thursday. (March 21 update: That’s exactly what happened. The Senate voted 28-0 for the bill, which now goes to the House.)

SB 30 would expand access to circuit and district courts for Alabamians who cannot afford to pay civil filing fees. The bill would let indigent plaintiffs file an affidavit swearing that financial hardship makes them unable to afford filing fees. Then the court would determine whether the claim is valid. If it is, the court would wait until the end of the proceeding to assess that fee.

All too often, Alabamians who cannot afford the required hundreds of dollars in fees to put their case before a judge are stuck on the outside of the justice system. As a result, those fees could force a person with a winning case to watch as the statute of limitations for their claim expires, just because court fees are unaffordable. Arise supports SB 30 because it would prevent those miscarriages of justice and make Alabama’s justice system more equitable.

The CFPB should keep protections for payday borrowers

Borrowers across the country deserve stronger protections, not weaker ones. Unfortunately, the Consumer Financial Protection Bureau (CFPB) recently decided to reopen its 2017 rulemaking on payday lending. And that move would put the financial health of hundreds of thousands of people at risk.

The CFPB director seeks to eliminate a requirement for payday lenders to determine whether borrowers have the ability to repay before lending to them. Abandoning this protection will leave borrowers at the mercy of high-cost lenders across the United States.

It’s time to speak out. The CFPB’s public comment period on this proposed change is open through May 15. So click here to tell the CFPB that its plan to end this consumer protection is shortsighted, harmful and contrary to the agency’s purpose.

This harmful proposal shows that Alabamians can’t rely on the federal government alone for consumer protection. The hostility to the CFPB’s rule by the very people who should be defending it proves that we need to seek change through the Alabama Legislature.

The 30 Days to Pay bill, sponsored by Sen. Arthur Orr, R-Decatur, and Rep. Danny Garrett, R-Trussville, would be a good start. This plan would extend the repayment period for payday loans to at least 30 days, up from the usual two weeks now. That would reduce the maximum annual percentage rate (APR) by roughly half, from 456 percent to about 220 percent.

We need you with us this year as we work to change policies that leave thousands of struggling Alabamians in a cycle of deep debt. Together, we can build a better Alabama for all!

What we’re watching during the 2019 special session

This week brought a first in recent memory at the Alabama Legislature: a session within a session. The regular session began Tuesday, but lawmakers have put it on hold until March 19 to make way for a special session on the state gas tax.

At Gov. Kay Ivey’s call, legislators will consider a proposed 10-cent gas tax increase, to be phased in over three years. (The current tax is 18 cents per gallon.) Ivey’s plan aims to strengthen Alabama’s roads, bridges and port, which has become a mantra for state leaders in the run-up to the 2019 session.

Arise hasn’t taken a position on the gas tax proposal, but we have a lot to say about infrastructure. We’re calling on lawmakers to claim a larger vision of infrastructure as Alabama begins its third century of statehood.

Rural hospitals, for example, are key infrastructure but weren’t mentioned in the governor’s State of the State address Tuesday night. Seven rural hospitals have closed since 2011, including one in Georgiana that will close Friday. Another overlooked sector is public transportation, which receives no state funding in Alabama.

There’s a good chance we’ll see Arise issues emerge in the gas tax debate. For example, the Montgomery Advertiser on Wednesday cited a potential push for Medicaid expansion to win gas tax votes from Democratic members. Some lawmakers also have expressed interest in reducing the grocery tax to offset the effects of the gas tax hike. Wouldn’t it be amazing if a plan to rebuild roads and bridges became the first step toward helping struggling Alabama families get health coverage and make ends meet?

Why is this special session happening?

Ivey called a special session to remove a procedural hurdle for the gas tax bill. To pass in the regular session, any bills other than the Education Trust Fund and General Fund budgets must first win a three-fifths majority in both chambers in a vote called the budget isolation resolution (BIR). But in a special session, any bill included in the governor’s “call” can pass with a simple majority.

The Legislature can meet for up to 12 legislative days across 30 calendar days during a special session. But because the regular session started first, each day of the special session also will count against the 105 calendar days available for the regular session. Lawmakers can meet for up to 30 legislative days during the regular session.

How to advance our vision for Alabama’s next century

What kind of future do we want for Alabama? It’s a question worth reflecting on as our state enters its third century this year. Are we all right with limiting power and prosperity to a select few? Or would we rather build a state where everyone has a voice and where people of all races, genders and incomes have a real chance to get ahead?

Alabama Arise believes in justice and opportunity for all, and our policy priori­ties flow from that vision. It’s why we support expanding Medicaid for Alabam­ians who can’t afford coverage. It’s why we want to rebalance an upside-down tax system that taxes struggling families deeper into poverty. And it’s why we urge stronger investments in education, housing, public transportation and other services that improve quality of life and promote economic opportunity.

We expect lots of infrastructure talk at the Legislature this year. The regular session starts Tuesday, but lawmak­ers may move quickly into a special session on the gas tax. Gov. Kay Ivey has asked legislators to increase the state’s 18-cent gas tax by 10 cents over three years. That money would fund road and bridge maintenance and oth­er infrastructure improvements.

Many of Alabama’s deteriorating roads are overdue for repair. But the defi­nition of “public infrastructure” goes far beyond tar and gravel. Education, health care and public transportation also help lay the foundation for shared prosperity. This session could bring chances to strengthen those invest­ments – and to make the tax system that funds them more progressive.

Hope on grocery tax, Medicaid expansion

One key breakthrough could be on a longtime Arise priority: ending the state grocery tax. We came heartbreaking­ly close in 2008, when a bill to untax groceries passed the House and fell one vote short in the Senate. But Arise members never gave up the advocacy fight. Now legislators face renewed pressure to end or cut the state’s 4 percent sales tax on groceries. (Some conservative lawmakers are urging a grocery tax reduction to accompany a gas tax increase.) Alabama is one of only three states with no tax break on groceries. It’s a highly regressive tax on a basic necessity, hitting hardest on people who struggle to make ends meet.

Pressure also is building for Alabama to expand Medicaid to cover more than 340,000 adults with low incomes. Medicaid expansion would save hun­dreds of lives annually and create a healthier, more productive workforce. It also would help save rural hospitals, support thousands of jobs and pump hundreds of millions of dollars into the economy.

Our work for a brighter, more inclu­sive future won’t end there. We’ll keep pushing for stronger consumer protec­tions against high-cost payday loans. We’ll make the case for the state to fund public transportation and remove barriers to voter registration. And we’ll continue seeking an end to injustices in Alabama’s civil asset forfeiture and death penalty systems. Visit our website and follow us on Facebook and Twitter for updates on these issues throughout the year.

Court rulings aid push for reforms of civil asset forfeiture, death penalty

The U.S. Supreme Court sent clear signals in February that the time is ripe for reform on two of Arise’s 2019 issue priorities. In Timbs v. Indiana, the court unanimously blocked Indiana’s attempt to use civil asset forfeiture to take a car that was worth much more than the maximum fine for the crime for which the person was convicted.

And in Madison v. Alabama, a 5-3 court applied the Eighth Amendment’s ban on cruel and unusual punishment to halt the execution of a man whose mental capacity had diminished during 33 years of solitary confinement.

Arise will work this year to remedy injustices in Alabama’s civil asset forfeiture system. This process allows law enforcement to take millions of dollars from Alabamians every year, often without convictions or charges. Possible reforms include requiring a criminal conviction before the forfeiture, blocking agencies from profiting from seizures, and raising the burden of proof to link property to a crime.

Arise also will keep seeking reforms of Alabama’s death penalty system, including retroactive application of the 2017 law that forbids judges to impose a death sentence when a jury recommends life without parole. Other changes include a death penalty moratorium and bans on executing people who have an intellectual disability or were minors at the time of the crime.

Budget hearings show need for Alabama to expand Medicaid, boost public investments

Alabama needs to expand Medicaid and invest more in education and other human services. Those were key takeaways from this week’s state budget hearings in Montgomery. The hearings highlighted a range of policy challenges and illustrated the connections between many of them.

We heard a lot of talk this week about the need to strengthen Alabama’s “infrastructure.” Many legislators say the state just doesn’t have enough money to make further investments in human infrastructure – the services like health care, child welfare and public safety that serve as a basic measure of what we value. But that’s incorrect.

Alabama’s lack of money for education, health care, child care and other services isn’t a natural force like the weather. It’s the result of decades of policy choices, as our Tax & Budget Handbook shows. And better choices can lead to better outcomes for Alabama.

Medicaid expansion could cut costs for corrections, DHR

Numerous agency leaders identified Alabama’s fraying rural health care system as a major concern. Rural hospital closures hurt communities and make it harder to get care. A lack of mental health care takes a toll on families, schools and workers. And both challenges increase financial strain on the corrections system.

The opioid epidemic is one problem that cuts across multiple areas: corrections, education, human resources, law enforcement, Medicaid, mental health and public health. Many parents fighting addiction lose child custody to the Department of Human Resources (DHR), which struggles to recruit foster parents for an average $16 daily allowance.

While bare-bones health agencies tackle the epidemic’s medical consequences, Alabama’s corrections system has emerged as the largest provider of mental health services, with many of them linked to substance use disorders.

That’s true even as Alabama’s prison overcrowding remains staggeringly high. The state prison system once operated at nearly double its designed capacity. Recent sentencing reforms helped cut that rate to 163 percent, and Corrections Commissioner Jeff Dunn expects it to sink to 145 percent. But further reductions are unlikely without broader changes, Dunn said.

Rural hospital closures affect prison overcrowding, too. Sen. Cam Ward, R-Alabaster, said a private prison in Perry County is vacant despite an appropriation to buy it. The county has no hospital, which would make it hard to use the prison even if the state bought it, Ward said.

Medicaid expansion would cut costs and improve lives across all these areas of concern. It would stem the tide of rural hospital closures. It would expand access to mental health and substance use treatment. And that would save many Alabamians from going to jail or losing child custody. Arise members and other advocates must keep making the case for Medicaid expansion throughout 2019.

Decades of inadequate funding cause unmet needs, staff shortages

Our state’s upside-down tax system requires most Alabamians to pay twice the share of income in state and local taxes that the richest households pay on average. It also means Alabama struggles to raise enough money to fund health care, child welfare and other important services.

Staff shortages were a running theme at this year’s budget hearings. Alabama’s corrections and mental health commissioners both emphasized problems with hiring and keeping qualified employees. DHR cited high turnover in child welfare staff, who are first on the scene when children’s safety is at risk. And the Alabama Law Enforcement Agency (ALEA) needs more state troopers to ensure highway safety.

DHR Commissioner Nancy Buckner asked lawmakers for an additional $21 million for 2020. Buckner said DHR struggles to retain staff, especially in the stressful child welfare division, which has 36 percent turnover. “Anything you can see on TV, we probably have multiple cases,” Buckner said.

The new money would allow for salary increases, technology improvements, and higher payments for foster families, Buckner said. Foster parents are difficult to recruit, she said, and the opioid epidemic has left more children in foster care.

For corrections, Dunn asked for another $42 million to hire and retain 500 prison guards and improve mental health services. (Low unemployment makes it harder to retain officers, Dunn said, because they often can earn more at safer jobs.) A federal judge has ordered Alabama to address its guard shortage and inadequate health services in state prisons.

ALEA Secretary Hal Taylor requested another $8.7 million to provide raises and hire 50 new state troopers. Up to 200 troopers could retire soon, Taylor said, and ALEA must compete with other departments for officers.

K-12 schools seek to hire more teachers, expand mental health support

Alabama schools discussed their needs for 2020 as well. State school Superintendent Eric Mackey requested an additional $295 million from the Education Trust Fund. With that money, schools could hire more teachers in grades 4-6 and invest more in the Alabama Reading Initiative. They also could hire more school nurses and provide a $600 allowance per teacher for classroom supplies.

Mackey asked for an extra $270 per student to teach about 25,000 students for whom English is a second language. And he requested another $22 million for school safety improvements and school-based mental health services.

Mackey echoed other agency heads by raising concerns about future personnel shortages. A recent survey of high school seniors found only 4 percent want to become teachers, down from 12 percent in previous surveys, Mackey said.

Sen. Vivian Figures, D-Mobile, asked Mackey to address the state Department of Education’s listing of 76 schools as “failing.” Most of those schools are in low-income areas and serve mostly black students. Mackey said the Alabama Accountability Act requires him to designate the lowest performing 6 percent of schools as “failing,” no matter how well they may educate students. The Accountability Act, enacted mere hours after introduction in 2013, diverts tens of millions of dollars a year from public schools to private school scholarship funds.

ALL Kids, pre-K, SNAP offer models for success

The budget hearings painted a stark picture of Alabama’s challenges, but they brought good news, too. Lawmakers heard numerous examples of how investments in health care and education are paying off.

Alabama’s rate of uninsured children is among the South’s best, and ALL Kids is a big reason why. The program provides health coverage for children whose low- and middle-income households don’t qualify for Medicaid. ALL Kids was the country’s first Children’s Health Insurance Program, and it remains a national performance leader in children’s health coverage.

The Program for All-Inclusive Care for the Elderly (PACE) provides an exemplary community-based long-term care option for residents of Mobile and Baldwin counties. The state’s commitment to pre-kindergarten has created a model for early childhood education. And aggressive workforce training programs in K-12 and two-year colleges are boosting Alabama’s economic potential.

Medicaid Commissioner Stephanie Azar highlighted investments in long-term care reform and primary care reform. The statewide Integrated Care Network (ICN) has already launched its case management system, designed to steer more long-term care patients into home- and community-based services. On the primary care side, Alabama Coordinated Health Networks (ACHNs) will launch in seven regions this fall. That move will bring Medicaid decision-making closer to communities and emphasize preventive and coordinated care.

Buckner thanked DHR’s Food Assistance Division for ensuring Alabamians received benefits under the Supplemental Nutrition Assistance Program (SNAP) during the recent federal government shutdown. Facing a Jan. 20 deadline to distribute February benefits, employees worked nights and weekends to approve 1,700 SNAP applications.

Buckner also praised the Food Assistance Division for earning federal bonuses of $2.4 million for timely processing of applications and low error rates in benefit calculations. Unfortunately for Alabama, which has a highly efficient and accurate SNAP program, Congress ended future bonuses in the 2018 Farm Bill.

It’s time to invest in a brighter future

Successful investments like these aren’t “one and done.” Alabama must resume providing some state money for ALL Kids next year as full federal funding ends. PACE seeks to expand, but its requests have been rejected so far. Only one-third of Alabama’s 4-year-olds are enrolled in pre-K. And gearing up for the 21st century will require even bolder workforce development.

Treading water is not enough. Education, Medicaid and other vital services need more funding so they can do more than the bare minimum. Smart investments in these services will pay off in a stronger, healthier future for all Alabamians.

Policy director Jim Carnes, policy analyst Carol Gundlach and communications director Chris Sanders contributed to this post.

How will the government shutdown affect SNAP food assistance in Alabama?

The partial federal government shutdown will enter its second month next week, and the stakes are high for Alabama families. Here are five things you need to know about how the shutdown will affect food assistance in Alabama:

  • Most Supplemental Nutrition Assistance Program (SNAP) participants will see their February 2019 benefits issued around Sunday, Jan. 20, 2019.
  • These benefits are early, not extra. So if participants get February benefits in January, they will NOT get any more benefits in February.
  • Some participants will not get February benefits in January. But they should get their benefits as usual in February, if they turn in all required paperwork.
  • Benefits in March may be lower or unavailable if the government shutdown continues then.
  • Benefits on EBT cards will be valid for a year after issuance, no matter what the government does.