Arise’s Robyn Hyden looks back at some important policy wins — and previews what’s still to come — following the conclusion of the Alabama Legislature’s 2019 regular session.
Issue: Criminal Justice
The 2019 session that was, and the one yet to come
Alabama legislators ended their 2019 regular session last week. But they’re not done yet.
Amid the threat of federal intervention, the Legislature likely will hold a special session this fall to address horrendous conditions in our state’s overcrowded prisons. This summer, Arise will continue making the case that meaningful prison reform must include Medicaid expansion. This move would cut state health care costs and help former inmates stay healthy and productive after release. And it would help people stay out of prison by strengthening treatment for mental illness and substance use disorders.
Arise will renew our call to fund these needed investments by fixing Alabama’s upside-down tax system. With high sales taxes and big tax breaks for rich people, this broken system is the worst of both worlds. It pushes struggling families deeper into poverty, and it doesn’t bring in enough money to provide adequate funding for corrections and other vital services. Untaxing groceries and ending the state’s deduction for federal income taxes would be two huge steps to undo that damage.
Breakthroughs on civil asset forfeiture, voting rights
Arise members’ advocacy led to progress on civil asset forfeiture and voting rights this year. Lawmakers voted unanimously for SB 191, sponsored by Sen. Arthur Orr, R-Decatur, which will increase transparency around forfeitures in Alabama. And they approved SB 301, sponsored by Sen. Rodger Smitherman, D-Birmingham, which will expand access to absentee ballots.
Our supporters were key in stopping numerous proposals to erect harmful new barriers to Medicaid and food assistance under the Supplemental Nutrition Assistance Program (SNAP). We also saw major breakthroughs on several recent Arise issue priorities and endorsements:
- HB 225, sponsored by Rep. Adline Clarke, D-Mobile, will forbid pay discrimination based on race or sex.
- SB 30, sponsored by Sen. Cam Ward, R-Alabaster, will ensure that inability to pay filing fees won’t block low-income Alabamians from pursuing their rights in court.
- SB 228, sponsored by Orr, will increase jail food funding and prevent sheriffs from pocketing any leftover money.
Two other topics dominated the headlines at the State House this year. Legislators moved quickly to pass an abortion ban that is certain to face a lengthy, expensive court challenge. They also hustled to pass a 10-cent gas tax increase for infrastructure improvements during a special session in March.
The work that remains undone
But lawmakers showed much less urgency when it came to investments in human services. While Alabama’s funding for K-12 and higher education is increasing, it’s still well below 2008 levels. Similarly, General Fund (GF) revenues are rising. But it’s not nearly enough to reverse decades of underinvestment in Medicaid, mental health care, child care and other services.
The Legislature also waited until the session’s final week before finally deciding the GF, rather than the education budget, would pay for the state’s share of the Children’s Health Insurance Program. CHIP supports coverage for more than 170,000 Alabama kids.
Some climbs remain steeper than others. Reforms of payday lending and the death penalty struggled to gain traction this year. So did proposals for automatic voter registration and early voting. But Arise members – unafraid and undeterred – will keep working for those changes and others to promote opportunity, prosperity and justice for all Alabamians.
Arise legislative recap: May 31, 2019
Good news: We saw a breakthrough on civil asset forfeiture when the Alabama Legislature passed SB 191 this week! The version of the bill that lawmakers sent to the governor omits many of the due process protections that were in the original version. But it still will shine more light on this practice. And greater transparency is a good first step on the road to reform.
Arise’s Dev Wakeley discusses what SB 191 does – and the work that remains to be done – in this week’s legislative recap.
On civil asset forfeiture reform, transparency is a good start – but there’s more to do
Civil asset forfeiture in Alabama lacks public accountability and tramples the property rights of thousands of people. Hundreds of Alabamians lose cash, cars and other property under this practice every year. Many of them are never convicted of a crime – or even charged with one. And many people can’t afford to hire a lawyer to challenge these seizures in court.
To remedy these injustices, Sen. Arthur Orr, R-Decatur, introduced SB 191 this year. This bill, as revised in the Senate, will require law enforcement agencies to report information about civil asset forfeitures to a central database. It also will require an annual report about the size and scope of these seizures across our state.
The Senate passed the bill 33-0 Tuesday, and the House voted 102-0 for it Thursday. The bill now goes to Gov. Kay Ivey.
SB 191’s passage is a good step toward bringing more transparency to Alabama’s forfeiture process. But the bill falls far short of the reform that Alabama needs.
How a strong bill lost most of its best provisions
SB 191 started its journey through the Legislature as the gold standard of forfeiture reform. As introduced, it would have substantially overhauled Alabama’s forfeiture practices to fit with traditional notions of due process.
The original bill would have required a felony conviction before property became subject to forfeiture in most cases. It also would have required the state to meet a higher burden of proof in connecting property to a crime. And it would have mandated a detailed, publicly searchable database laying out the full scale of seizures in the state. The bill would have made Alabama’s forfeiture protections some of the strongest in the country.
Then law enforcement agencies that bring in millions of dollars from forfeitures sank their claws into the bill. Their interference threatened to kill reform entirely, and it led to the bill being scaled back drastically. The Senate removed all of SB 191’s substantive provisions that would have protected Alabamians from abuse and overreach.
Rep. Connie Rowe, R-Jasper, said the director of the Office of Prosecution Services wrote the substitute bill. Rowe presented SB 191 to the House Judiciary Committee, which quickly approved it Wednesday.
Real reform remains possible and badly needed
SB 191 will indeed increase transparency on civil asset forfeiture. But this small step forward is only the beginning of reform, certainly not the finish line. Civil asset forfeiture is abused routinely, and other states already have taken steps to limit or stop it. Unfortunately, Alabama lawmakers have punted on major reforms this year.
The amended bill likely will become law now that it would do little more than require data collection. But advocates must refuse to allow the database to be used as an excuse to delay changes that would rein in abuses of civil asset forfeiture.
Our government already has enough data, spread throughout various law enforcement offices, to create a comprehensive picture of forfeitures. And many of the records of those expenditures and seizures likely are subject to Alabama’s Open Records Act.
Entities that receive money from forfeitures have derailed major reforms this year and laid the groundwork to seek future delays. Even so, SB 191 will create helpful new reporting requirements to help shine a light into the murky waters of civil asset forfeiture in Alabama.
And when that data is laid out, opponents of reform will have run out of excuses. They’ll no longer have even paper-thin rationalizations for denying the truth: Civil asset forfeiture is unjust and unnecessary, and Alabama should abolish it in its current form.
Civil asset forfeiture transparency bill is a good start, but Alabamians still need much stronger protections
The Alabama House on Thursday passed SB 191, which would increase transparency around civil asset forfeiture in the state, sending it to Gov. Kay Ivey. Alabama Arise executive director Robyn Hyden issued the following statement in response:
“SB 191’s passage is a good first step toward bringing more transparency to Alabama’s civil asset forfeiture practices. This bill will help shine some needed light on this process, and we hope the governor signs it. But simply gathering more information about the problem isn’t enough. We must change our state’s forfeiture practices to ensure they protect due process for all Alabamians.
“Alabama’s current civil asset forfeiture practices allow too much room for abuse. Hundreds of Alabamians lose cash, cars and other property under this practice every year. Many of them are never convicted of a crime – or even charged with one. And many people can’t afford to hire a lawyer to challenge these seizures in court.
“The original version of this bill showed the path to real reform. It would have required a felony conviction before property became subject to forfeiture in most cases. It also would have required the state to meet a higher burden of proof in connecting property to a crime. And it would have mandated a detailed, publicly searchable database laying out the full scale of seizures in the state.
“These reforms are still needed, and we’ll continue to fight for them. We thank all of the Alabama Arise members and other advocates across the state who helped SB 191 win legislative approval. And we appreciate their determination to keep pushing for the comprehensive change that the people of our state need and want.”
Arise legislative recap: April 5, 2019
We’re excited about some early progress on civil asset forfeiture reform at the State House. Below, Arise policy analyst Dev Wakeley breaks down the benefits of SB 191, which the Senate could vote on as early as Tuesday, April 9. For more information, visit our action alerts page to contact your senator and ask them to vote YES on SB 191.
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.
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.
Ensuring basic fairness: Civil asset forfeiture reform in Alabama
Protection against unreasonable searches and seizures is a basic guarantee of both the U.S. and Alabama constitutions. But Alabama’s civil asset forfeiture policies allow police to seize cars, cash or other personal property without a conviction – or even a criminal charge – if they find probable cause to link the property to a crime. In most cases, owners can’t get their property back unless they then prove it wasn’t connected to a crime.
Civil asset forfeiture disproportionately harms communities of color and low-income people, who often can’t afford to challenge seizures in court. The centuries-old practice surged into common use in drug trafficking cases in the 1980s, but its reach quickly grew. Many Alabamians affected today are charged with marijuana possession or other low-level crimes.
And in many cases, the property owner isn’t charged with a crime at all. Alabama Appleseed and the Southern Poverty Law Center (SPLC) reviewed 1,110 civil asset forfeiture cases filed in Alabama in 2015. In one in four of those cases, property owners weren’t charged with a crime. (The head of the Alabama District Attorneys Association said many of the seizures resulted from informants but didn’t cite a percentage.)
In half of the cases that Appleseed and SPLC reviewed, the amount of cash involved was $1,372 or less. 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 fight the seizure in court.
Solutions in other states
Every state allows asset forfeiture, but many have implemented meaningful reforms to lower the risk of unjustifiable seizures. Florida’s civil forfeiture law requires proof beyond a reasonable doubt that the property was involved in a crime. North Carolina requires a conviction with evidence of the property’s probable connection to crime. Fourteen states, including Georgia, make forfeiture records available to the public online. All these protections make unjust forfeitures less likely.
What Alabama can do
Alabama’s civil asset forfeiture practices need numerous changes to protect due process and ensure basic fairness. Here are a few options:
- Require a criminal conviction to transfer property ownership.
- Place all proceeds in the General Fund rather than letting agencies keep them.
- Require proof beyond a reasonable doubt of the property’s connection to a crime.
- Require judges to consider the hardship that loss of a primary residence or vehicle would cause for families or others.
- Eliminate “abandonment” forms that can be used to urge drivers to give up their property rights during a traffic stop.
- Award attorney fees to anyone who prevails against the government in forfeiture cases.
- Require forfeiture records to be made publicly available online.
Alabamians deserve a fairer and more transparent civil asset forfeiture process. These reforms and others would add needed protections and help deter abuses of civil asset forfeiture in Alabama.
New hardship driver’s license rule will allow thousands of Alabamians to meet basic needs
A new rule could make it easier for many Alabamians to meet their basic needs. This change will allow tens of thousands of people who lost their driver’s licenses for reasons unrelated to public safety to apply for a hardship license from the Alabama Law Enforcement Agency (ALEA). The new regulation took effect Sunday.
Some people lose their licenses just because they can’t pay court fines and fees. That inability to pay doesn’t make them a danger on the roads, but it can take a heavy toll on their lives. In Alabama, a state without reliable public transit, losing a license can erect barriers to the most basic tasks. Many people can’t get to work, the doctor, their children’s schools or even the grocery store without driving.
The creation of hardship licenses will lift those barriers for thousands of families. Eligible Alabamians who lost their licenses for administrative reasons or because of certain convictions will be able to drive to work, take their children to school and perform other essential household duties. (People convicted of DUI or other offenses that endanger public safety aren’t eligible for hardship licenses.)
After SB 55, sponsored by Sen. Clyde Chambliss, R-Prattville, became law last year, ALEA proposed a rule to implement the bill’s hardship license requirement. The initial draft left out many important protections. So Arise and other groups jumped into action, submitting comments urging numerous improvements. ALEA’s final rule includes many of Arise’s suggestions and expands hardship licenses to cover more people who need them.
Alabamians can apply for a hardship license by filling out this application. Then they can mail the application and needed attachments to the ALEA Driver License Division, Hardship License Unit, P.O. Box 1471, Montgomery AL 36102-1471. Or they can email them to Hardship.License@alea.gov.