CLE Alabama Legal Issues Facing City & County Governments Hampton Inn & Suites Orange Beach, Alabama Friday & Saturday, May 6-7, 2016 Prison Reform/Law Update J. Randall McNeill Webb & Eley PC Montgomery
PRISON REFORM/LAW UPDATE J. Randall McNeill Webb & Eley, PC 334 262 1850 City/County Government Law Seminar May 6 7, 2016 Orange Beach, Alabama GOALS OF PRISON REFORM IN ALABAMA PRIORITIZE PRISON SPACE FOR VIOLENT AND DANGEROUS OFFENDERS STRENGTHEN COMMUNITY BASED TREATMENT AND SUPERVISION ACHIEVE MORE EFFECTIVE SUPERVISION OF EVERYONE UPON RELEASE AVOID FEDERAL TAKE OVER OF ALABAMA S PRISON SYSTEM McNeill - 1
NEED FOR SUPERVISION "A lot of folks want to say either 'Lock them up and throw away the key' or 'Let's release a bunch of them," Ward said. "It's just more complicated than that. A major goal of the act is to improve supervision by alleviating pressure on often overworked probation officers: In other states, Ward said, improved supervision has been shown to reduce recidivism by about 60 percent. The law also dictates that all people who leave prison will receive supervision to ensure they stay on the straight and narrow. By 2018, 3,000 additional people each year will be monitored who previously would have been unsupervised after release from prison. NEED A JOB? STATE HIRING 123 PAROLE OFFICERS, SPECIALISTS (FEBRUARY 17, 2016 ARTICLE AL.COM) The state is hiring parole and probation officers as part of the state's effort to reform Alabama prisons. The State of Alabama Board of Pardons and Paroles is looking to hire 100 probation and parole officers and 23 probation and parole specialists. The openings are statewide, in the agency's 61 field offices as well as other sites. McNeill - 2
IMMEDIATE IMPACT OF PRISON REFORM ESTABLISHMENT OF CLASS D FELONY REVISIONS IN COMMUNITY CORRECTIONS SWIFT AND SURE ENFORCEMENT 45 DAY STAYS AT D.O.C. BEFORE PAROLE AND PROBATION IS REVOKED EFFECTIVE DATE All changes were effective January 30, 2016 pending the allocation of the revenue necessary to fund the estimated expenses. Anticipate the Finance Director will certify that new budget includes necessary revenue. General Fund Budget passed in 2015 includes $16 million for reforms intended to reduce prison crowding, including more investment in community corrections and parole programs. No provisions for changes should the Legislature impose future cuts, which are inevitable. (Already becoming an issue). McNeill - 3
SWIFT and SURE Based on theory that technical violators should be given punishment short of going back to D.O.C. custody. Used at discretion of probation officer and with consent of sheriff. SWIFT and SURE Revoking of parole or probation requires three (3) short term periods of confinement with D.O.C. of 45 days in addition to Swift and Sure. Swift and Sure process operates outside the requirement for three, 45 day terms in D.O.C. custody before parole or probation is revoked. Dips: Probationer sent to jail. Dunks: Parolee sent to DOC. McNeill - 4
Swift and Sure : INCREASES USE OF LOCAL INCARCERATION Technical violators of parole and probation conditions may be presented to a consenting county jail for confinement under specific conditions: Confinement cannot exceed six (6) days per month during more than three (3) separate months; Maximum number of days for such confinement is 18 for each person on parole or probation. Housing and transportation burden placed on the sheriffs. Swift and Sure : INCREASES USE OF LOCAL INCARCERATION, cont. The sheriff may refuse the person on parole or probation if the sheriff determines: The person has a serious medical condition McNeill - 5
Swift and Sure : INCREASES USE OF LOCAL INCARCERATION, cont. The sheriff may refuse the person on parole or probation if the sheriff determines: The admittance would create a security risk Swift and Sure : INCREASES USE OF LOCAL INCARCERATION, cont. The sheriff may refuse the person on parole or probation if the sheriff determines: The jail is at, or over, capacity McNeill - 6
Swift and Sure : INCREASES USE OF LOCAL INCARCERATION, cont. Anytime during the 18 days, a person may be released by the sheriff if: The person develops a serious medical condition Swift and Sure : INCREASES USE OF LOCAL INCARCERATION, cont. Anytime during the 18 days, a person may be released by the sheriff if: The person s presence creates a security risk to the jail McNeill - 7
Swift and Sure : INCREASES USE OF LOCAL INCARCERATION, cont. Anytime during the 18 days, a person may be released by the sheriff if: The county jail reaches near, at, or over capacity. ADDITIONAL RESPONSIBILITY ON SHERIFFS THE AUTHORIZATION TO REFUSE OR RELEASE THESE PERSONS PLACES THE RESPONSIBILITY ON THE SHERIFF AND JAIL STAFF McNeill - 8
MEDICAL CONDITION To refuse a parole or probation violator, the sheriff must evaluate his/her condition before accepting the person into the jail. Once accepted, the person can only be released for conditions which he/she develops after acceptance. SECURITY RISK To refuse or release a parole or probation violator, the sheriff must evaluate the security risks created by the person: The person may be refused if, at the time of acceptance, he or she would create a security risk; The person may be released if, after being accepted into the jail, he or she creates a security risk to the jail. McNeill - 9
OVERCROWDING ISSUES To refuse or release a parole or probation violator, the sheriff must establish the existence of overcrowding concerns: The person may be refused if, at the time of acceptance, the county jail is near, at, or over capacity; The person may be released if, after being accepted, the county jail reaches near, at, or over capacity. INCREASED RECORD KEEPING AND EVALUATION TO REFUSE, THE CONDITIONS IN THE LAW MUST BE ESTABLISHED THE ACT OF ACCEPTING THE PERSON INTO THE JAIL WILL BE CRITICAL TO RELEASE, RECORDS MUST SHOW THAT THE CIRCUMSTANCES CHANGED FROM THOSE THAT ALLOWED THE PERSON TO BE ACCEPTED McNeill - 10
PROTECTION FOR SHERIFFS THE LAW INCLUDES PROTECTION FOR SHERIFFS, BUT SECURING THESE SPECIFIC PROTECTIONS WILL REQUIRE CAREFUL AND DETAILED PROCEDURES PROACTIVE STEPS Evaluate medical condition before accepting persons. Evaluate any safety concerns before accepting persons. Have daily records on jail population in light of jail capacity to justify release or refusal. McNeill - 11
SHERIFF APPROVAL The refusal or release of the parole and probation violators requires action by the sheriff. Suggested policies will be developed for use. Sheriff or Chief Deputy given the authority and not a jailer. LIABILITY PROTECTION Civil immunity attaches to the refusal and/or release within the provisions of Ala. Code 36 1 12. This immunity protection is very specific and applies only as long as the provisions of the statute are followed. Article I, Section 14, of the Constitution of Alabama of 1901 provides absolute immunity to state officers, including sheriffs and by extension the deputies. McNeill - 12
LIABILITY PROTECTION The statute is written to apply only to state and education officials, but is referenced in the prison reform statute and must be followed. The statute provides immunity for agents of the state, which will address the sheriff but may not specifically apply to jail employees acting on their own. LIABILITY PROTECTION According to Ala. Code 36 1 12, the immunity specifically applies to: Those officials acting on behalf of the state who are Discharging duties imposed on a department or agency by statute in so far as the statute prescribes the manner for performing the duties. ***SHERIFFS MUST BE DILIGENT AND CAREFUL IN REFUSAL OR RELEASE*** McNeill - 13
LIABILITY PROTECTION According to Ala. Code 36 1 12, the immunity specifically applies to: Those officials acting on behalf of the state who are Exercising judgment in the discharge of duties in releasing prisoners ***SHERIFFS MUST BE DILIGENT AND CAREFUL IN REFUSAL OR RELEASE*** QUESTIONS? J. Randall (Randy) McNeill Webb & Eley rmcneill@webbeley.com McNeill - 14