Latest news with #HabitualFelonyOffenderAct
Yahoo
23-05-2025
- Politics
- Yahoo
Criminal justice reform takes back seat in 2025 legislative session
A pair of handcuffs poking through prison bars. Most bills aimed at reforming the criminal justice system failed in the session, though advocates were encouraged by the progress of some proposals. (File/Getty) It was the same story for criminal justice reform in the Alabama Legislature this year as in previous years: bills got filed, but most never made it to Gov. Kay Ivey's desk. Legislators did enact laws making incremental changes, such as a bill to make it easier for people who were formerly incarcerated to obtain occupational licenses and create more opportunities for diversion programs were approved. And advocates said they were encouraged that legislation they continue to support moved further along in the process than in the past. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'Giving a grade on criminal justice reform in Alabama is always a challenge because the steps that are taken forward are, oftentimes, minimal, although they are impactful to certain segments of the population,' said Jerome Dees, policy director for the Southern Poverty Law Center. 'However, what we as a collective community need to do is change the narrative around what actually is public safety and what drives making neighborhoods and communities safe.' Bills to reform the parole and bail system in the state; allowing reconsideration of sentences for nonviolent offenses imposed before reforms of the Habitual Felony Offender Act, and delaying sentencing for those who are pregnant failed within their committees or stalled and were not considered by either the full House or Senate. 'There wasn't any legislation passed for criminal justice reform, but there were still some very meaningful conversations about it that did move the needle forward, including a very frank discussion about the parole board to make sure there is oversight and attention to that fact that the parole board is not in compliance with the law,' said Rep. Chris England, D-Tuscaloosa. The Republican-dominated Legislature instead approved measures that increased existing penalties or provided an advantage to law enforcement in some way, including a bill enhancing immunity protections for law enforcement. Reforming parole and bail was a focus of advocates, particularly as Republican legislators had shown growing impatience with the Alabama Board of Pardons and Parole missing deadlines to implement parole guidelines. 'I think one of the many things that we hoped to see coming out of the 2025 legislative session was legislation that created more accountability and transparency around the parole process,' Dees said. 'There were a number of bills that were filed to specifically address that.' HB 40, sponsored England, would have created a commission to create updated parole guidelines and require the board to stick with them. Under the bill, if the board deviated from the guidelines, it would have to publicly state why. Parole applicants would also have been able to appeal denials to the Alabama Court of Criminal Appeals. Another bill, SB 324, sponsored by Sen. Clyde Chambliss, R-Prattville, would have increased the number of members who serve on the Parole Board from three to five and require the Senate to confirm the appointments. It would also have changed the timeline that an applicant who has been denied can reapply for parole. The Senate approved the measure by a vote of 16-8 in April and the House Judiciary Committee approved the bill soon afterward by the narrowest of margins. The bill did not come out for a House vote. Chambliss later amended the state's 2026 General Fund budget, which goes into effect on Oct. 1, to withhold the Board of Pardons and Parole's funding until they develop parole guidelines. Lawmakers have scrutinized Alabama's parole system since 2019 when the state's parole system decreased dramatically. The figure has increased to about 25% recently but remains below the original rate. Legislators also turned away proposals to allow Alabama judges to issue a percentage bond to those in pretrial detention. HB 42, also sponsored by England, would have left much of the Alabama Bail Reform Act of 1993 in place except to add three words, 'a part of' to current statutes to give judges the authority to allow defendants to pay a portion of the total bond amount they owe so that they can be released from jail as their cases proceed through the court system. The bail bond industry strongly opposed the legislation during two public hearings at both the House and Senate Judiciary committees. The bill passed the House in April. But the Senate Judiciary Committee deadlocked on approval of the measure along party lines. The Alabama Legislature also allowed another bill, SB 156, sponsored by Sen. Will Barfoot, R-Pike Road, to fail. The bill allows some of those incarcerated in Alabama's prisons to have their sentences reconsidered by a judge if their crimes did not involve physical injury to others. The bill would have allowed people who were convicted and received lengthy sentences before the state made substantial changes to the Habitual Offender Law in 2000 to give judges more discretion regarding sentencing. Defendants who were convicted of homicides, sexually based offenses and violent offenses were not eligible for reconsideration. The bill required two rounds of voting in the Senate chamber after members of the Senate Judiciary approved it in February. In March, Senate Republicans rejected the legislation with a tie vote 16-16. Hours later, senators approved a motion to reconsider the legislation, and after discussing the bill, passed it by a vote of 17-8. The House Judiciary Committee then approved the legislation in April, but it never came to a vote in the House. 'We were of course disappointed to see the Second Chance bill fail to pass the House, especially in light of the broad, bipartisan support it had this time around,' said Elaine Burdeshaw in a statement, policy director for Alabama Appleseed Center for Law and Justice, a criminal justice reform organization. 'Despite the bill's failure, we saw legislators across the aisle, all the way up to Gov. Ivey, understand this issue and why it matters– why it really is smart on crime policy.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
10-04-2025
- Politics
- Yahoo
Alabama House committee approves bill allowing reviews of some long prison sentences
Sen. Will Barfoot, R-Pike Road, speaks with a colleague in the Alabama Senate on April 11, 2024 at the Alabama Statehouse in Montgomery, Alabama. The House Judiciary Committee approved legislaton Barfoot filed to allow some people serving long prison sentences to have their sentences reviewed. (Brian Lyman/Alabama Reflector) An Alabama House committee Wednesday approved a bill that would allow some people serving long prison sentences to have their cases reviewed. SB 156, sponsored by Sen. Will Barfoot, R-Pike Road, allows people who were sentenced under the Habitual Felony Offender Act to have their cases reviewed and have the chance to be released from prison if they did not commit a crime that caused physical injury. 'These individuals, if this bill goes into effect, would have served at least, hear me now, at least 25 years for an offense where there was no physical injury,' Barfoot said to members of the House Judiciary Committee. 'We routinely sentence and send people to prison for much less time for violent offenses such as murder and robbery.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The Habitual Felony Offender Act, enacted in 1977, required the state to impose a life sentence on anyone convicted of a Class B felony who had three prior felony convictions on their record, and life without parole for anyone convicted of a Class A felony. The law is widely considered to be a major driver of the state's prison overcrowding crisis. The Legislature in 2000 approved changes to the law that gave judges more flexibility in sentencing, but the changes were not retroactive. Barfoot's bill only applies to individuals sentenced to life without the possibility of parole prior to May 2000, when the Legislature approved the changes. Those with anyone convicted for homicide, a sexual offense or attempted murder would not be eligible for review. Those who are eligible may file to have their cases reviewed in the county where they were sentenced. Notices will then be sent to relevant parties such as prosecutors, victims as well as the Attorney General's Office that will then review the filing to determine if the person is eligible. If the applicant is determined to be eligible, the court will review the case to consider if the person should be resentenced based on specific factors: the underlying offense, how the person behaved while incarcerated in prison, the person's age and the likelihood the person will be successful after being released from prison. The bill requires those eligible for review to file a request by October 2030. It was the House's first opportunity to consider the legislation after the Senate took two rounds of votes to eventually get the measure approved. House members voted down the measure during the 2024 session. The House Judiciary Committee approved an amendment during the committee that allows the Attorney General's Office to review a person's petition for a case review, but also the relevant details in the indictment, and have the agency speak to the case. 'This would be a safeguard to ensure that, if someone has pled to a lesser charge based off of the details of the crime, the relevant indictment would have details if there are elements that would preclude you from being eligible in this law by having the AG review the indictment,' said Rep. Russell Bedsole, R-Alabaster, who introduced the amendment. It also states that the district attorney of the jurisdiction where the court will review the sentencing will have 'weighted consideration' for the petition to have the sentence reduced. The amendment also requires that data be collected regarding the crimes and convictions for the petitions that were filed, the counties that received the petitions and other information pertaining to petitioners. Barfoot's bill narrowly survived a vote in the Senate chamber in March when a majority of Republicans voted against the proposal, and it failed in the first vote 16-16. After nearly two hours, the legislation was reconsidered and passed by a vote of 17-8. Rep. Chris England, D-Tuscaloosa, filed a nearly identical proposal in previous sessions but was never enacted. During the 2024 session, his legislation was approved in the House Judiciary Committee, but Republicans voted to block the legislation on the House floor. Rep. Matt Simpson, R-Daphne, publicly opposed the legislation, telling the committee that the bill goes beyond giving people a second chance, but five chances to be released from prison after committing an offense. 'I firmly disagree that someone who has three prior felonies, and one of those prior felonies being a Class A felony, who gets out and commits another one of those offenses that I have named to you deserves more of a chance to continuously come to the court, and continuously drag victims through the process,' Simpson said. Elaine Burdeshaw, policy director for Alabama Appleseed, said people are serving sentences that are longer than those who commit violent crimes, and that challenges the notion of justice. 'Current sentencing practices, people can be convicted of much more serious violent crimes, and they are serving less time,' she said in an interview with the media following the meeting. Darlene Hutchinson, a victim advocate, said she is not taking a position on the legislation, but is grateful that the bill was modified to take into account the impact it has on victims. 'It allowed for victims to be heard, but there was zero victim notification in it,' she said. 'And I am fanatical about victim notification. My question to legislators then was, 'How are victims going to be heard if they are not even going to be notified if their case was coming back to court.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
19-03-2025
- Politics
- Yahoo
Alabama Senate passes ‘Second Chance' bill after second vote
Sen. Will Barfoot, R-Pike Road, presents SB 156, which would allow some people serving life in prison a chance to have their sentences reviewed, to the Senate floor on March 18, 2025. (Alander Rocha/Alabama Reflector) After almost dying on the Senate floor, the Alabama Senate Tuesday passed a bill to allow some people serving life in prison a chance to have their sentences reviewed. A majority of Senate Republicans initially sank the bill on a 16-16 vote, but after nearly two hours of uncertainty, the bill returned for a second vote and passed 17-8. Sen. David Sessions, R-Grand Bay, who voted against it, made a motion to reconsider the legislation, which is also known as 'The Second Chance Act.' 'When the vote was tied at 16-16, there was a motion to reconsider an hour or two later, and during that time, we had an opportunity to talk to different members and address concerns or questions that they may have had, what the bill actually did, and some misconceptions that were put out there,' said Sen. Will Barfoot, R-Pike Road, the bill's sponsor, after the Senate adjourned. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SB 156 would give some people sentenced to life in prison under the state's Habitual Offender Law before May 26, 2000, to have their sentences reviewed. Those convicted of homicides, sexually-based or violent offenses would not be eligible. Alabama in 1977 passed the Habitual Felony Offender Act, which enhanced penalties for those convicted of felonies who had previously served time for felony convictions. The legislation played a significant role in the state's current prison overcrowding crisis. The Legislature revised the law in 2000 to offer judges more discretion in sentencing people with prior felony convictions. Rep. Chris England, D-Tuscaloosa, has sponsored a similar bill since the 2021 legislative session. His legislation reached the House floor last year for the first time, but House Republicans killed the bill on a procedural vote. It passed the House the year before, but the Senate never considered it. Barfoot said there were misconceptions from members on what the bill would achieve, saying that some members thought a much larger population would have their sentences reviewed. He said that an estimated 150-200 inmates could benefit from having their sentences reduced. Sen. Chris Elliot, R-Josephine, asked what would happen if someone who was convicted under Habitual Offender Law 'habitually offends again,' and asked, 'Is there an automatic go back to jail?' Barfoot said there was that if a judge reduced a sentence and the individual was granted probation, 'the laws of the state of Alabama would apply.' Gov. Kay Ivey in her State of the State speech endorsed the legislation as part of a legislative package cracking down on violent crime. After the Senate's passage, Ivey praised its passage on X, formerly known as Twitter. 'It restores a chance at parole eligibility for a narrow category of inmates currently ineligible simply because of the date they were sentenced,' Ivey posted. The bill now moves to the House for consideration. SUPPORT: YOU MAKE OUR WORK POSSIBLE
