Issue: Criminal Justice

Alabama Arise unveils members’ 2022 roadmap for change

By Chris Sanders

Sentencing reform and voting rights expansion are two key goals on Alabama Arise’s 2022 legislative agenda. Members voted for Arise’s issue priorities this week after nearly 300 people attended the organization’s online annual meeting Saturday. The seven issues chosen were:

  • Tax reform, including untaxing groceries and ending the state’s upside-down deduction for federal income taxes, which overwhelmingly benefits rich households.
  • Adequate budgets for human services like education, health care and child care, including Medicaid expansion to make health coverage affordable for all Alabamians.
  • Voting rights, including automatic universal voter registration and removal of barriers to voting rights restoration for disenfranchised Alabamians.
  • Criminal justice reform, including retroactive application of state sentencing guidelines and repeal of the Habitual Felony Offender Act.
  • Death penalty reform, including a law to require juries to be unanimous in any decision to impose a death sentence.
  • Payday and title lending reform to protect consumers from getting trapped in debt.
  • Public transportation to help Alabamians with low incomes stay connected to work, school, health care and their communities.

“Arise believes in dignity, equity and justice for all Alabamians,” Alabama Arise executive director Robyn Hyden said. “Our 2022 issue priorities would break down many of the policy barriers that keep people in poverty. We must build a more inclusive future for our state. And together, we will.”

Graphic listing Alabama Arise's 2022 issue priorities

The urgent need for criminal justice reform

Alabama’s criminal justice system is broken, and its prisons are violent and dangerously overcrowded. Exorbitant court fines and fees impose heavy burdens on thousands of families every year, taking a disproportionate toll on communities of color and families who already struggle to make ends meet. And Alabama needs investments in mental health care, substance use disorder treatment, community corrections and diversion programs to help stem the tide of mass incarceration.

Lawmakers’ plan to spend hundreds of millions of dollars on new prisons is not an adequate solution to these problems. Alabama must enact meaningful sentencing and reentry reforms to make its corrections system more humane and effective. Legislators took a good first step during this week’s special session by passing a bill by Rep. Jim Hill, R-Moody, to provide supervised release for everyone leaving prison in Alabama.

Many other needed changes still remain on the Legislature’s plate, however. One important priority is Hill’s proposal to allow judges to apply Alabama’s new sentencing guidelines retroactively. The House declined to vote on that bill this week, but Hill has promised to file it again in 2022. Hundreds of people would be eligible to apply for a reduced sentence if the measure passes.

Arise also will continue to work toward repeal of the Habitual Felony Offender Act (HFOA), the state’s “three-strikes” law. The HFOA is a driver of sentencing disparities and prison overcrowding in Alabama. The law lengthens sentences for a felony conviction after a prior felony conviction, even when the prior offense was nonviolent. Hundreds of people in Alabama are serving life sentences for non-homicide crimes because of the HFOA. Thousands more have had their sentences increased as a result. Repealing the law would reduce prison overcrowding and end some of Alabama’s most abusive sentencing practices.

Protect and expand voting rights so every voice is heard

Arise members provided a resounding endorsement of efforts to protect and expand voting rights in Alabama. This includes support of federal legislation to prevent voter suppression and strengthen the Voting Rights Act. And it includes calls for numerous state-level improvements to promote greater civic engagement and increase access to voting.

One such improvement would be automatic voter registration (AVR) across Alabama. AVR would use information the state already has to register or update registrations electronically for hundreds of thousands of Alabamians. Another important step would be to ensure people who struggle to make ends meet are not denied the right to vote simply because they cannot afford court fines and fees.

“Our ability to progress as a state will be limited as long as any person or group is unable to exercise their constitutional right to vote,” Hyden said. “We urge Alabama lawmakers to protect and expand voting rights by instituting automatic voter registration and lifting barriers to voting rights restoration.”

Alabama Arise keeps listening. Here’s what we heard in 2021!

By Presdelane Harris

Listening is a core value of Alabama Arise. We deeply value the input we get from our members, our allies and most importantly, those directly affected by the work we do together. We depend on what we hear to help guide our issue work and our strategies.

The ongoing COVID-19 pandemic continued to challenge us to be creative in finding ways to listen. We did another series of three statewide online Town Hall Tuesdays. This year, we also held 12 individual group listening sessions for a total of 15 listening sessions in all.

What we heard this summer

The town halls happened every two weeks, starting June 15 and ending July 13. The individual meetings took place throughout the summer. Here is some of what we heard in those town halls and in the individual group sessions:

Health care, voting, criminal justice
    • In addition to strong support for Medicaid expansion, we heard several people express the need to address hospital costs, the lack of adequate equitable access to health services and significant concern for prescription drug prices (for seniors in particular). Many people highlighted the need for mental health reforms, and several pointed out the mental health connection to issues of homelessness.
    • We heard concerns about ongoing, intentional barriers to voting. Many raised the need to improve voter access by making it easier, not more difficult, for people to vote. They said we need reforms like automatic voter registration, no-excuse and simplified absentee voting, a better process for restoring voting rights of people who were formerly incarcerated, an Election Day holiday and curbside voting. Issues about term limits for legislators and rank choice voting also were raised. While related to voting, but distinct, redistricting was also a concern.
    • People voiced passionate support for many criminal justice reforms. Several highlighted a desire to abolish the Habitual Felony Offender Act and the death penalty. They also raised their voices for reforms around juvenile justice, gun violence, community sentencing options and programs to build social and job skills of people who were formerly incarcerated. There was much discussion about the need for prison reform beyond just building new prisons. Some participants also mentioned police reforms, specifically people advocating for public access to police body cam footage.
Housing, education, child care, transportation, language barriers
  • We heard much discussion about the need for quality affordable housing, living wages and adequate funding of public education, including early childhood education and child care. Many also emphasized the connections between most of the issues of concern. Deficits in one area lead to insufficiency in many others.
  • We also heard concern about the need to improve public transportation in the state. Many were interested in environmentally friendly public transportation solutions and securing a funding source for the Public Transportation Trust Fund created a few years ago.
  • Among our Spanish-speaking members, many noted concerns with access to health care. These included eligibility concerns and disparities with information shared regarding documents and verification needed to receive the COVID-19 vaccine. They also requested a statewide Spanish-language hotline for addressing day-to-day inquiries surrounding public service benefits.

Notes from each town hall

For details about what we heard in the town hall series, click here to read breakout session notes from each of the 2021 Town Hall Tuesday events. Those sessions were as follows:

June 15 ‒ A better Alabama for all: Participants discussed the question: If you could wave a magic wand and fix one issue that addresses poverty in Alabama, what would that issue be?

June 29 ‒ Health care for all: Participants discussed ways to close the health coverage gap by expanding Medicaid in Alabama.

July 13 ‒ Justice for all: Participants discussed their priorities for improving access to voting and reforming our criminal justice system.

Stay in touch with Arise

We didn’t stop listening because the town halls ended. We want to hear from you, and we encourage you to contact the Arise organizer in your area:

We hope to see you at Arise’s online annual meeting Sept. 25!

Special session(s) ahead in Alabama? How Arise is preparing

By Chris Sanders

Alabama Arise’s work for equity, justice and opportunity persisted after the Legislature’s regular session ended. We’ll renew our commitment to those principles when Arise members choose 2022 issue priorities after the Sept. 25 annual meeting. And we’ll keep up the drumbeat when lawmakers return later this year for one or more expected special sessions.

Alabama’s overcrowded and antiquated corrections system – a decades-long humanitarian crisis – may prompt a special session this fall. Gov. Kay Ivey and many legislators hope to build and renovate multiple prisons. Alabama may seek federal permission to use COVID-19 relief money for those purposes.

Arise believes meaningful sentencing reforms should accompany any plan for new prisons. Repeal of the outdated Habitual Felony Offender Act would be one long-term step to reduce overcrowding. Parole reform and stronger investments in community corrections and reentry supports would help as well. Arise will advocate for these policy changes and others during any prison-related special session.

Redistricting is another likely focus of a special session. Legislators will use new Census data to draw new districts for the Legislature, state school board and U.S. House. Arise urges members to participate in public hearings that the Joint Reapportionment Committee will hold across Alabama this month. Click here for more information and a full hearing schedule.

Arise will continue advocacy on federal funds, too. We’ll support efforts to make recent Child Tax Credit improvements permanent. We’ll urge legislators to use federal relief money for Medicaid expansion, public transportation and other long-term investments. And we’ll seek to build on an August federal rule change that permanently boosted Supplemental Nutrition Assistance Program (SNAP) benefits.

To strengthen the common good: Six principles for allocating Alabama’s ARPA funding

By Alabama Arise

To strengthen the common good: Six principles for allocating Alabama's American Rescue Plan Act funding

Introduction

Dear Governor Ivey,

One of the darkest years in recent memory has put Alabama’s families, communities, health system, businesses – and our leaders at all levels – to the test. Thank you for all your efforts to keep Alabamians safe and secure during this unprecedented emergency. Now that a post-COVID world is dawning, the leadership test doesn’t end. Rather, it enters a critical new phase: Your vision and your actions will help determine what a post-COVID Alabama looks like, and history will record the results. Will the comfort of the familiar pull us back into “the way we’ve always done things”? Or will we count this ordeal as an awakening to bold new possibilities for our state?

For the organizations listed below, all signs point to the second option: The opportunity to address chronic problems that the pandemic has only worsened; a chance to inspire Alabamians with a recovery plan that lifts all communities toward a healthier, more prosperous future; and – most pragmatically – the power of $4 billion in new federal funding to turn vision into reality. We enclose for your consideration six principles that we believe can guide state and local leaders in the most productive, equitable and lasting use of these tax dollars.

The signers of this letter are advocates who work closely with the communities hit hardest by the COVID-19 health and economic crises. For these Alabamians, recovery from the pandemic must mean more than restoring the pre-COVID status quo. With courageous and creative leadership, community engagement across the state, and wise use of historic levels of funding, we have what we need to move Alabama forward and strengthen the common good.

We stand ready to answer any questions you may have about our recommendations.

Respectfully submitted,

The Undersigned Alabama Organizations

Signatories

The following organizations support a principled approach to American Rescue Plan Act funding that will strengthen Alabama’s common good:

ADAP
AIDS Alabama
Alabama Appleseed Center for Law and Justice
Alabama Arise
Alabama Coalition for Immigrant Justice
Alabama CURE
Alabama Possible
Alabama Solutions
Alabama State Conference of the NAACP
Bay Area Women Coalition, Inc.
Birmingham Society of Friends
BirthWell Partners Community Doula Project, Birmingham
Church & Society, Anniston First United Methodist Church
Community Enabler Developer, Inc.
Disabilities Leadership Coalition of Alabama
Disability Rights & Resources
The E.WE Foundation
Faith and Works Statewide Civic Engagement Collective
Grace Presbyterian Church (PCUSA), Tuscaloosa
Greater Birmingham Ministries
Hispanic Interest Coalition of Alabama
Hometown Action
Immanuel Presbyterian Church (PCUSA), Montgomery
Jobs to Move America
League of Women Voters of Alabama
Medical Advocacy & Outreach
The Nightingale Clinic, Birmingham
Nurse Practitioner Alliance of Alabama
Open Table United Church of Christ, Mobile
People First of Alabama
Project Hope to Abolish the Death Penalty
Restorative Strategies, LLC, Birmingham
Sisters of Mercy
Sisters of St. Joseph
The Sisters, Tuscaloosa
St. Luke’s Episcopal Church, Jacksonville
Unitarian Universalist Fellowship of Mobile
University of Montevallo Social Work Program
Volunteers of America Southeast
West Alabama Women’s Center
YMCA of Birmingham
YWCA of Central Alabama

Letter text

To Strengthen the Common Good: Six Principles for Allocating Alabama’s American Rescue Plan Act Funding

The COVID-19 crisis has created enormous new challenges for Alabama, while shining a harsh light on long-neglected ones. To strengthen and expedite recovery, the American Rescue Plan Act (ARPA), passed by Congress in March 2021, is pumping $4 billion into Alabama’s economy over the next three years. New funding at this scale can be transformative for our state, but only if we take a transformative approach to how we spend it.

The starting point is recognizing and breaking our old mindset of scarce resources, limited possibilities and patchwork policy solutions. For too long, Alabama’s leaders – and the voters who empower them – have settled for poor outcomes in health, education, community development and other measures of shared prosperity, because they thought we couldn’t tackle such deep problems. The pandemic is challenging us to reclaim – and redefine – the common good. ARPA funding gives us a rare opportunity to meet the challenge, if we’re willing. The undersigned organizations offer the following six principles as a framework for seizing this unprecedented opportunity to build a better Alabama for all.

  1. Engage local communities at every step.

    The COVID pandemic has hit people where they live, work, learn and play. The best use of ARPA funds will reflect the needs and goals identified by ordinary Alabamians through a process that solicits, accommodates and heeds public input.

Crucial question

How are local leaders, advocates and community members involved in identifying and prioritizing both needs and solutions?

Recommendations
  • Identify or create effective, inclusive, results-oriented, nonpartisan, community-based councils in each county or region to develop recommendations for local ARPA funding priorities. Potential lead organizations may include United Way, community foundation or Community Action Agency advisory bodies; children’s policy councils; university extension services; or community round tables convened by local governments. Make it a priority to engage segments of the community underserved by the status quo, such as Alabamians of color, people who work for low wages or have lost jobs, and those who lack adequate basic services.
  • Provide opportunities for broad public participation in developing and finalizing local, regional and state ARPA spending plans. State leaders should agree not to appropriate ARPA funds until the public engagement process is completed.
  • Review existing community and state needs assessments to identify common local concerns, as well as gaps in information and perspective.
  • Facilitate information-sharing and coordination among local, regional and state efforts to enhance efficiency, leverage capacity and avoid duplication.
  • Designate a statewide source of technical assistance, best practices and other aids to local and regional decision-making.

  1. Aim for equity in outcomes.

    Some regions, counties, municipalities and populations have suffered deeper blows than others from the pandemic because of chronic gaps in resources, infrastructure, services and opportunities. Rural Alabamians, people of color, people with disabilities, and women have faced disproportionate impacts from both the health and economic crises. Simply restoring the prior status quo is not transformation. ARPA funding decisions should take into account the un-level playing field of COVID recovery, targeting investment toward improving the basic standards of living for areas and people long left behind. Assistance to those most deeply impacted by COVID-19 should come with as little “red tape” and administrative delay as possible. Direct cash assistance to people with low incomes should be a priority.

Crucial question

How do proposed funding allocations contribute to the removal of historic barriers to individual, family and community well-being?

Recommendations
  • Within each jurisdiction (state, region, county, city), use socioeconomic indicators such as poverty, unemployment and workforce participation rates, and racial/ethnic health disparities to target strategic, expedited community investments.
  • Provide grants to minority- or women-owned small businesses, especially those that did not receive earlier federal business loan assistance.
  • Provide up to $13 per hour in bonus or “premium” pay – on top of their regular pay – to essential public and private workers, up to $25,000 per worker per year, as allowed under the Rescue Plan, for work performed during the public health emergency, awarding the largest bonuses to the lowest-paid workers.
  • Provide cash assistance to SNAP food assistance recipients with incomes below 50% of the Federal Poverty Level.
  • Provide a grocery tax rebate to households earning less than 200% of the federal poverty level.
  • Fund and train organizations that already help people access SNAP, Medicaid, tax credits and other supports as navigators for the full range of ARPA assistance, including the expanded federal Child Tax Credit.

  1. Maximize well-being by addressing health in all policies.

    What began as the COVID-19 health emergency quickly became an economic and social crisis. In turn, the toll the virus has taken on communities of color, people with disabilities and the uninsured revealed how deeply socioeconomic conditions are connected to health risks and outcomes. Nutrition, housing, transportation, education and other factors are widely recognized as social determinants of health, but Alabama has been slow to broaden our approach to health policy and funding. ARPA offers us the chance to apply the lessons of COVID-19 and design a recovery plan that puts eliminating health disparities and improving health at the center of investments in every sector.

Crucial question

How does this funding proposal advance the goal of a healthier Alabama?

Recommendations
  • Name it and claim it: There’s enough ARPA funding to achieve significant health improvement in Alabama if leaders set clear, ambitious goals and plan accordingly. 
  • Engage public health experts to incorporate health goals and strategies across the full span of ARPA allocation planning.
  • Increase professional staffing at county health departments.
  • Strengthen our workforce, families and communities by using the generous ARPA incentives (an estimated $720 million) to expand Medicaid and close the coverage gap for 340,000 Alabamians with low incomes.
  • Invest in mobile mental health crisis services and expand mental health crisis centers.
  • Expand school nurse programs and school-based mental health services.
  • Fund Healthy Food Financing grants for fresh food markets, including mobile markets, as well as local worker-owned food cooperatives to boost local economies, provide jobs and expand availability of fresh foods in food apartheid areas (where healthy food access is hindered by racially discriminatory economic or political factors) and food swamp neighborhoods (where food and beverage sources like fast food outlets, convenience stores and liquor stores crowd out healthier food options).

  1. Invest in existing assets and capacities to help funds work faster, go farther and avoid duplication.

    Over recent decades, budget cuts to education, public health and other essential services – and our failure to expand Medicaid – have left Alabama unprepared for a prolonged emergency like COVID-19. Similarly, charitable nonprofit organizations across the state have faced unprecedented demand for their services during the pandemic and risen to the challenge. By directing ARPA funds to restoring critical services and supporting experienced, trusted charitable nonprofits, state and local governments can strengthen community resources, meet needs efficiently, avoid reinventing the wheel, and multiply the economic benefit.

Crucial question

What programs and organizations are already working to meet the goals of this ARPA funding proposal, and how can a partnership approach improve outcomes?

Recommendations
  • Fund organizations that are well-positioned to reach people with significant barriers to accessing support, such as immigrants, people with disabilities and people of color with low incomes.
  • Expand community schools in neighborhoods where the pandemic has taken a particularly heavy toll.
  • Provide additional funding for existing in-home early childhood education services like HIPPY, Parents as Teachers and Nurse-Family Partnership programs.
  • Increase support for school-based social and health services, particularly in high-poverty neighborhoods and districts.
  • Help children catch up on unfinished learning by expanding the teacher workforce through pay increases and other supports for early childhood teachers, child care workers and special education teachers who work in at-risk communities and schools.
  • Expand existing in-home and community-based services for the elderly and people with disabilities.
  • Expand or develop local alternatives to incarceration such as specialized courts, community correction programs, re-entry programs and services for people at risk of offending.
  • Invest in workforce development by creating subsidized apprenticeships, two-year scholarship programs, and subsidized certificate programs for low-income workers.

  1. Think big and create a 21st-century infrastructure for the common good.

    Alabamians have long recognized the human cost of inferior and outdated public works and services like sanitation, health care, transportation and information technology systems. But the monetary cost has kept our leaders from modernizing them. COVID has revealed the deadly consequences of that neglect, and ARPA includes massive funding aimed at moving states forward on all of these fronts, including a large share for education (not addressed in these recommendations because of specific earmarking). The opportunity calls for bold leadership and vision. Our spending plan must seek to coordinate local, regional and statewide investments for fundamental and long-lasting impact.

Crucial question

How will today’s investments benefit future generations of Alabamians?

Recommendations
  • Modernize and align state agency computer systems to create a “no wrong door” approach to streamlined eligibility and enrollment across benefit programs.
  • Modernize and improve state unemployment insurance (UI) technological infrastructure, application and payment systems.
  • Upgrade water and sanitation systems, prioritizing communities with a history of unsafe water quality and waste-water disposal.
  • Provide critical infrastructure and equipment (such as trucks, refrigeration, trainers, lift gates, etc.,) to local food banks and food pantries to expand emergency food distribution.
  • Expand Alabama’s affordable housing capacity, stabilize families and communities and reduce homelessness by seeding the Affordable Housing Trust Fund with $25 million and providing grants for eligible new construction, renovation and maintenance.
  • Recognizing that lack of reliable transportation is a major hindrance to health care, economic activity and workforce development in many areas of the state, seed the Public Transportation Trust Fund with $20 million and provide state match for increased federal public transportation funding.
  • Promote equity in high-speed internet access by targeting earmarked broadband funding to help local service providers expand into underserved areas and by ensuring community oversight of access and quality standards.
  • Provide state technical assistance to localities in consolidating, evaluating and negotiating broadband contracts to minimize the danger of approving projects with little public benefit.

  1. Build public trust and engagement by following the highest standards of documentation, transparency and accessibility of information about funding awards and expenditures. 

    Spending taxpayer dollars is always a tremendous responsibility. When it comes to spending billions in a short time, the potential for slow uptake, poor decisions and misuse only increases. Alabama can ensure that the generous ARPA funds do their appointed job by establishing clear guidelines and full disclosure for the entire funding process, from eligibility of applicants to allocation decisions to project expenditures and results.

Crucial question

How will Alabamians be able to track the allocation, use and impact of their federal ARPA tax dollars in the state?

Recommendations
  • Create and maintain a public database of state and local ARPA funding allocations and expenditures, easily searchable and sortable by project or partner name, policy topic, service area, grant amount, award date, expenditure date and other key factors.
  • Adopt simple, accessible application and reporting requirements that allow grantees and recipients to establish their credibility and tell their story without jumping unnecessary bureaucratic hurdles.
  • Use local ARPA planning groups as conduits for ongoing reporting and feedback about plan implementation, obstacles, impact and sustainability. Build a robust outreach operation to help people access available federal, state and local aid.

Incremental isn’t enough: Alabama’s continued need for criminal justice reform

By Dev Wakeley

Alabamians deserve a criminal justice system that treats people fairly when they are accused of crimes, rehabilitates people as quickly as possible and releases people once they’re ready to rejoin the community. But Alabama’s criminal justice system doesn’t meet those standards, and the state’s prisons are dangerous warehouses, not rehabilitation centers. Three inmates were murdered in a single five-day span just last month.

These murders occurred after the U.S. Department of Justice (DOJ) sued the state in December 2020, citing rampant inmate-on-inmate violence, guard-on-inmate violence and sexual assaults. More than two dozen people incarcerated in Alabama prisons have been murdered since the DOJ informed the state that prison conditions are unconstitutional. The Justice Department filed the ongoing lawsuit only after the state failed to take steps to fix the shortcomings outlined in the DOJ’s April 2019 report on the prison system’s failures.

Alabama’s prisons have been severely understaffed and operating well above their designed capacity for years. And too many state officials either have ignored the issues or actively made these problems worse. During former director Charlie Graddick’s tenure, the Bureau of Pardons and Paroles contributed to the overcrowding problem by sharply reducing the number of prisoners released under supervision.

Bureau of Pardons and Paroles problems are part of broader failure

Graddick’s replacement is former state Sen. Cam Ward, who took charge in December 2020. Ward sponsored a criminal justice reform package that passed in 2015 and worked toward other reforms while in the Legislature. Ward also served on Gov. Kay Ivey’s criminal justice study group two years ago.

This group made several concrete recommendations to improve conditions for people in Alabama prisons. Rep. Jim Hill, R-Odenville, a member of Ivey’s study group and chair of the House Judiciary Committee, sponsored several bills this year to implement some modest reforms endorsed by the study group. But none of Hill’s proposals became law. The legislation that Hill introduced included:

  • HB 24 to allow resentencing for some people sentenced under the Habitual Felony Offender Act (HFOA).
  • HB 71 to strengthen alternative court programs.
  • HB 72 to ensure people don’t leave prison without reentry assistance through supervision.
  • HB 73 to create community corrections programs in each judicial circuit.
  • HB 110 to allow some inmates to serve sentences in county jail instead of prison.
  • HB 520 to provide time credits for prisoners who complete education and training programs.

Defensive victory, significant incremental improvements build momentum

Several positive criminal justice bills did make it through the Legislature, and one particularly damaging proposal was stopped. HB 445, by Rep. Allen Treadaway, R-Morris, would have chilled free speech by expanding law enforcement’s powers to arrest people at protests like those after George Floyd’s murder by a Minneapolis police officer last year. The bill passed the House, but it stalled in the Senate.

This bill’s death was notable because several Black legislators were clear about its parallels to segregationist punishments of protest during the 1960s. That comparison helped drive home the point that HB 445 would have been a major policy mistake.

Among the positive reforms that passed was SB 117 by Coleman-Madison, which greatly expanded the availability of expungements. (The bill also increased the application fee by $200, however.) HB 106 by England will ensure the Alabama Department of Corrections transmits relevant data on operations to the Legislature. This measure will help erase the institutional secrecy that has contributed to current atrocious prison conditions.

In another significant victory for reform, the Legislature overwhelmingly passed SB 210 by Sen. Arthur Orr, R-Decatur. The bill restricts the use of civil asset forfeiture, an often abused practice that allows law enforcement to seize property without a criminal conviction. These forfeitures most heavily burden people who cannot afford to fight back against the seizures in court.

As originally introduced, SB 210 would have banned nearly all forfeitures without criminal convictions. But lawmakers significantly weakened the bill in the legislative process. Even so, SB 210 places some important limits on a subjective, racially biased practice that historically has had little oversight. The final, narrower version reins in abuses by exempting some property from forfeiture and strengthening protections for innocent owners.

Systemic change faced fierce opposition

Other broader attempts to remedy criminal justice issues died amid stiff, and sometimes loud, resistance from some legislators. Opposition by district attorneys blocked a proposal by Rep. Chris England, D-Tuscaloosa, to repeal the archaic, Habitual Felony Offender Act (HFOA), Alabama’s “three strikes” law. England’s effort to create a commission to study and evaluate fines and fees — HB 499 — likewise encountered delays until passage became impossible.

HB 129 by Rep. Chris Pringle, R-Mobile, would have eliminated the practice of suspending driver’s licenses for unpaid fines and fees. This bill, too, ran into repeated delays in the House. HB 544 by Rep. Neil Rafferty, D-Birmingham, which would have abolished the death penalty, also failed to move.

SB 118 by Sen. Linda Coleman-Madison, D-Birmingham, would have eliminated the requirement for people to repay fines and fees ‒ effectively a poll tax ‒ to regain their right to vote after release from prison. SB 118 passed the Senate but failed in the House Constitution, Campaigns and Elections Committee.

Small steps aren’t enough

The Legislature took several significant steps forward on criminal justice reform this session. But those steps still leave Alabama a great distance behind modern justice practices in many areas. The influential law enforcement lobby, especially in the House, acted as a roadblock to broader reforms to put the state on a path to a more just, sustainable and humane corrections system.

This refusal to act decisively and fix previous policy mistakes could come at a steep cost amid the DOJ lawsuit. Some of Ivey’s study group’s recommendations would alleviate overcrowding in prisons directly. Others would divert people away from imprisonment in the first place and into programs that would prevent them from ever setting foot in a prison.

As England noted two years ago when a bill to lessen sentences for marijuana convictions was killed, the state will have little room to argue it has attempted to alleviate overcrowding when the Legislature has dragged its feet on all major sentencing reforms in the past two sessions while the state is being sued over unconstitutional prison conditions.

Lawmakers know state prisons are dangerous and overcrowded. Their failure to fix these problems almost certainly will lead to more lives lost through more violence. The Legislature’s inaction also will lead to more lawsuits from people who are harmed by these policy failures. And depending on the DOJ lawsuit’s outcome, it could contribute to a complete federal takeover of state prisons.

A path forward for Alabama on criminal justice reform

The Legislature is likely to return for a special session later this year to deal with the issue of prison financing. Because the governor’s original $3 billion lease financing plan for new prisons failed, Alabama will need to find a new way of financing the cost for multiple new prisons if that remains the chosen infrastructure strategy.

But construction alone isn’t a cure for the problems of Alabama’s criminal justice system. To move the state forward toward lasting solutions, Ivey should include major reforms in her call for the special session. Those measures should include:

  • Full repeal of the HFOA and resentencing of all people sentenced under its draconian provisions.
  • Sentencing reductions for drug crimes and other nonviolent offenses.
  • Major expansion of alternatives to prison.
  • Significant efforts to reduce the economic damage that incarceration causes people. This should include greater investments in job training and community corrections, an end to driver’s license suspensions for reasons unrelated to traffic safety, and an end to policies that make voting rights restoration contingent on the payment of fines and fees.

Each murder, rape and assault in state prisons is partly attributable to the Legislature’s refusal to do its job. Further failure to act will only increase the human suffering and the eventual financial cost of enacting meaningful policy solutions.

Lawmakers have refused to address the dire conditions in Alabama’s prisons over the past two regular sessions. They must implement the improvements that have been in the works for years at the next available opportunity. Otherwise, they may lose the ability to make those choices when a federal court decides the state has too much blood on its hands and a stubborn unwillingness to fulfill its obligations on its own.

The dark road not taken in the 2021 regular session

By Jim Carnes

Predicting actions and outcomes of a legislative session is never an easy bet. When the Alabama Legislature opened its 2021 regular session in February, our crystal ball was even cloudier than usual.

Strong currents of anxiety were sweeping the country amid fear and frustration over COVID-19 and precautionary measures, conflicting beliefs about racial justice and law enforcement, and the aftershocks of a bitter presidential election. In state after state, lawmakers proposed harsh reactions to each of these pressures, and Alabama appeared ready to follow suit.

On the pandemic front, governors and public health officials faced new limits on their emergency authority. Basic freedoms of assembly and speech came under threat by officials seeking to prevent protests like those that followed George Floyd’s murder by a Minneapolis police officer. Dissatisfaction with election results fueled efforts to narrow access to the electoral process, particularly for communities of color.

Harmful bills targeting all of these goals began surfacing when the Legislature convened. And limited public access to the State House only raised the stakes.

But Alabama bucked the trend. Thanks to strong, persistent advocacy from Arise members and our partners, legislation that would have tied the hands of public health officials, rolled back civil liberties and erected more barriers to voting mostly died. We also made some progress on several important Arise priorities this year.

In the Legislature as in life, mistakes avoided are often a big measure of success. Alabama’s refusal to follow the reactionary path of neighboring states is a victory to celebrate. Thank you to our members for helping make that happen.

Arise advances justice in a pandemic session

By Chris Sanders

Advocacy barriers for Alabama Arise members were extraordinarily high during the Legislature’s 2021 regular session. The COVID-19 pandemic limited physical access to the State House and made a difficult policy landscape even rockier.

But Arise members were undeterred. They spoke out forcefully and repeatedly for justice and opportunity. And the result was real, meaningful progress on multiple issue priorities.

This year brought advances on criminal justice reform and internet access. It delivered stronger investment in early education and preserved funding for Medicaid and mental health care. And it saw efforts to chill free speech and erode the Department of Public Health’s effectiveness defeated.

Wins on expanding broadband, reforming civil asset forfeiture

Arise members made their presence known throughout the session. They gathered monthly for online Membership Monday events to stay engaged and connect with advocates across Alabama. On May 18, nearly 100 people attended a virtual recap event to debrief the session and prepare for next steps. And throughout the year, our supporters flooded email inboxes and rang phones off the hook, contacting legislators and Gov. Kay Ivey more than 14,000 times.

Arise action alerts by the numbers This year, Arise’s dedicated members and supporters consistently reached out to lawmakers when we asked. It’s impossible to overstate just how critical it is for our legislators to know what their constituents want. We’re so grateful to everyone who sent messages from our action alerts during this session. Here are a few examples of just how many messages you sent to legislators and the governor in response to Arise and Cover Alabama action alerts during the 2021 regular session: Medicaid expansion: 12,442 Voting rights and protecting free speech: 597 Protecting public health: 406 Civil asset forfeiture reform: 266 Other criminal justice reforms: 389

 

That advocacy worked. Lawmakers passed SB 215 by Sen. Del Marsh, R-Anniston, to promote broadband expansion to rural communities and other underserved areas. And legislators finally began to rein in civil asset forfeiture, a practice that allows law enforcement to seize property without a criminal conviction.

SB 210 by Sen. Arthur Orr, R-Decatur, doesn’t end civil asset forfeiture, but it makes some important initial improvements. Those changes include exempting some property from forfeiture and strengthening protections for innocent owners.

Successful defense against public health threats, anti-protest bill

Arise advocacy helped stop harmful proposals as well. Our members played a key role in blocking a plan to limit the governor and public health officials’ ability to respond to emergencies like the COVID-19 pandemic. After our members sounded the alarm, SB 97 by Sen. Tom Whatley, R-Auburn, lost a House procedural vote in the session’s final hours.

Arise members also helped halt a threat to free speech. HB 445 by Rep. Allen Treadaway, R-Morris, would have expanded law enforcement’s powers to arrest protesters for “rioting” and imposed harsh mandatory minimum sentences on people convicted under the law. The bill passed in the House but died in the Senate.

The Legislature likely isn’t done this year. Lawmakers expect one or more special sessions to address unfinished business like redistricting, prison overcrowding and allocating federal relief funds. Whenever the next session may be, Arise members will be ready, advocating as always for a better, more inclusive Alabama.

You’re invited to Arise’s 2021 Town Hall Tuesdays!

By Alabama Arise

Arise’s statewide online summer listening sessions are a chance to hear what’s happening on key state policy issues and share your vision for our 2022 policy agenda. Register now to help identify emerging issues and inform our work to build a better Alabama.

We’d love to see you at any or all of these sessions! Registration is required, so please register at the link under each description.

June 15th, 6 p.m. – A better Alabama for all

If you could wave a magic wand and fix one issue that addresses poverty in Alabama, what would that issue be? Join this session to discuss the issue you would choose. Click here to register for this session.

June 29th, 6 p.m. – Health care for all

Everyone should have access to the health care they need to live a long and healthy life. Yet thousands in Alabama are caught in a health insurance coverage gap. Join this session to talk about closing that gap by expanding Medicaid in Alabama. Click here to register for this session.

July 13th, 6 p.m. – Justice for all

Voting rights barriers and an unjust criminal justice system have disenfranchised many of our neighbors. Join this session to discuss your priorities for improving access to voting and reforming our criminal justice system. Click here to register for this session.

Flyer for Alabama Arise's 2021 Town Hall Tuesdays. Learn more and sign up at al-arise.local/2021townhalltuesdays.

Arise legislative recap: May 27, 2021

By Alabama Arise

Arise’s Robyn Hyden recaps the Alabama Legislature’s 2021 regular session. She discusses several policy wins that Arise members should celebrate, including the defeat of legislation that would limit the right to protest and passage of a bill to promote equitable access to broadband.

Arise legislative recap: May 3, 2021

By Alabama Arise

Arise’s Dev Wakeley brings us up to speed on where we stand in the final days of the Alabama Legislature’s 2021 regular session. He provides overviews of meaningful bills we hope will pass — and of harmful bills we hope won’t.