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Governor Bentley Addresses Prison Reform

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

On Tuesday, June 10, Alabama Governor Robert Bentley (R) announced in a press conference that he was launching the Justice Reinvestment Initiative (JRI), a comprehensive study of the State’s criminal justice system that the State hopes will identify ways to implement more cost effective criminal justice policies. The Council of State Governments (CSG) will lead Alabama’s effort with the JRI process.

Governor Bentley said, “The Justice Reinvestment Initiative is an opportunity for Alabama to examine the criminal justice system in order to reduce prison crowding and increase public safety. The number of inmates incarcerated in Alabama has significantly increased over the last decade.  With the Justice Reinvestment Initiative, we have an opportunity to examine areas to maximize efforts in the criminal justice system that will benefit our Department of Corrections. By participating in the study, we will have a detailed understanding of drivers behind Alabama’s prison population growth and identify ways to reduce growth.”

Governor Bentley named State Senator Cam Ward (R) from Alabaster as the Chairman of Alabama’s Joint Prison Reform Task Force. The task force will be composed of government, law enforcement officials, victim’s advocates and policy makers from both political parties in an attempt to identify better practices in ways that maintain and improve public safety in a more cost-effective manner.

Senator Ward said, “I am honored to be named as Chairman to the Joint Prison Reform Task Force.  It is well known that the Alabama prison system is financially strained and overcrowded. If we don’t go through this process to reform and re-invest in the system, the federal government will come in and mandate we release inmates. We must push our work to answer three essential questions: How to cut crime, how to lower victimization and how to reduce recidivism?”

The number of people incarcerated in Alabama has increased significantly over the last decade. Alabama prisons currently operate at approximately 190 percent of capacity, housing over 25,000 inmates in facilities designed to hold approximately 13,000.  The cost of corrections comes out of Alabama’s struggling General Fund, which has been hit hard by rapidly increasing costs of the state’s troubled Medicaid program.

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In 2012 the State rejected a massive proposed increase in the size and scope of the Medicaid program under Obamacare, because there is simply not enough money in the General Fund to pay for the State’s required match.

The primary purpose of having a state government is to provide courts to settle disputes and prisons to punish people that won’t abide by society’s laws. However, the massive expansion of things that government does has meant that courts and prisons increasingly get a smaller share of state revenues.  The corrections system has struggled under the budget constraints that it has been under since the economy crashed in 2008.  Alabama prisons are overcrowded, understaffed, and the State spends far less per prisoner than any other state.  Most experts believe that the preferred solution would be a massive bond issue to fund construction of new prisons, but politicians and the public alike do not seem enthusiastic about raising the revenues necessary to do that.

Corrections Commissioner Kim Thomas said participating in the JRI is a unique opportunity to focus on making Alabama’s criminal justice system more efficient.

The Council of State Governments (CSG), a part of The Pew Charitable Trusts, will provide free assistance to the state via their Justice Reinvestment Initiative. The justice center has worked with 18 states already. Last year, the organization helped to address prison problems in Michigan and Idaho, where a sweeping reform bill was recently signed into law.  The State of Alabama is being pressured by the Obama Justice Department to address problems with the corrections system, including an alleged history of sexual abuse of female prisoners at the Tutwiler prison for women by members of the Corrections Department.

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Ward said, “We brought in CSG because they have the experience and know-how to help alleviate our prison problems.  Several states have been through this, and as Texas Governor Rick Perry said at this year’s Conservative Political Action Committee, ‘You want to talk about real conservative governance, shut a prison down.’”

Ward said, “One thing we will not do is release dangerous criminals, or allow Alabama to be soft on crime, but we can be smarter about crime. All other options are on the table at this point.”
The Joint Task Prison Reform Task Force was formed during the 2014 Regular Session of the Alabama Legislature. The first meeting, a presentation of CSG’s findings was held Tuesday in Montgomery. Several more meetings will be held over the next six months, and the Task Force will recommend legislation to be brought before the 2015 Regular Session of The Alabama Legislature.

Thomas said, “No one strategy or group alone is going to improve Alabama’s criminal justice system. In order to make significant and long-lasting improvements, it is going to take a host of stakeholders and partners working together on dynamic, evidence-based solutions. Alabama’s participation in this Justice Reinvestment Initiative represents its willingness to devote the time and energy necessary to make those improvements. The Alabama Department of Corrections is pleased to be a part of this process and eager to work with the other participants toward transforming the state’s overall criminal justice system.”

Sen. Ward said, “This is the biggest challenge our State has ever faced. Alabama has to start being not only tough on crime but we have to be smart on crime. This effort represents a unified effort by all three branches of government to accomplish this goal. This effort has succeeded in other states and they saved money and reformed their systems at the same time.”

Adam Gelb, director of Pew’s Public Safety Performance Project said, “Alabama has an unprecedented opportunity to get more from its investment in public safety out of its own system.”

Bureau of Justice Assistance Director Denise E. O’Donnell said, “By launching this project and establishing an inter-branch task force, Alabama becomes the 21st state to take important steps through the JRI toward creating new justice reform policies grounded in research and state-specific data that will improve community safety.”

Chief Justice Roy Moore said, “It is no secret that Alabama’s prison system is in a crisis. The struggles our state faces with prison population, sentencing proportionality, and victim restitution strain not only the resources of our corrections system, but also our overworked court system. The judiciary interfaces every day with criminal offenders on either side of the prison bars, so I look forward to working with leaders from all branches of our state government, as well as the U.S. Department of Justice, to improve our prison system. Together I believe we can more perfectly fulfill the purpose of Alabama’s Constitution: ‘to establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God.’”

Speaker of the House Mike Hubbard (R) from Auburn said, “At a time when the Federal government continues to showcase its inability to work together, in Alabama we’re proving that every branch of government can come together to work toward a common goal.  Participating in the Justice Reinvestment Initiative process is a crucial and important step forward in finding specific, data-based solutions to the challenges facing our criminal justice system. We look forward to hearing the policy recommendations that will come from this effort and we will continue to work diligently with all entities involved to improve Alabama’s criminal justice system and overall public safety for all Alabamians.”

Senate President Pro Tem Del Marsh said, “This partnership provides a unique opportunity for three branches of government to fully examine the challenges in our criminal justice system and determine the best path forward. I appreciate the leadership of Governor Bentley, my Senate colleague Cam Ward and others involved for their hard work and willingness to address these issues.”

Mike Hubbard said on facebook, “It was an honor joining Gov. Robert Bentley in announcing the launch of the Justice Reinvestment Initiative. The initiative is designed to study more cost-effective criminal justice policies. Our commitment to reducing state spending has never been stronger.”

The State is under enormous pressure to deal with this situation before Obama’s Justice Department asks a Federal court to allow them to take over the system, like they did in California.  Critics of this ‘reform’ effort fear that the public will face much higher crime rates as the State releases more hardened criminals into Alabama’s communities.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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National

Today is Thanksgiving

Today is a national and state holiday. Schools, banks, government offices and many private businesses are closed.

Brandon Moseley

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(STOCK PHOTO)

Four hundred years ago, on Nov. 11, 1620, after 66 days at sea, a group of English settlers landed near what is today Cape Cod in Massachusetts. Onboard the Mayflower were 102 men, women, and children, including one baby born during the Atlantic crossing, who made up the Pilgrims.

The Mayflower, captained by Christopher Jones, had been bound for the mouth of the Hudson River. The ship took a northerly course to avoid pirates, but the decision to avoid the then widely traveled sea lanes to the New World took the ship into bad weather, which had blown the Mayflower miles off course and left the ship damaged. Off Cape Cod, the adult males in the group made the fateful decision to build an entire colony where none had existed prior. They wrote and signed the Mayflower Compact.

“In the name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France, and Ireland King, Defender of the Faith, etc. Having undertaken for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the First Colony in the Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of God and one of another, Covenant and Combine ourselves together in a Civil Body Politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620.”

After a few weeks off Cape Cod, they sailed up the coast until they reached Plymouth. There they found a Wampanoag Indian village that had been abandoned due to some sort of plague. During the Winter of 1620-1621 they lived aboard the Mayflower and would row to shore each day to build houses. Finally, they had built enough houses to actually move to the colony, but the cold, damp conditions aboard the ship had been costly.

Some 28 men, 13 women (one of them in child birth), and 8 children died in that winter. Governor John Carver would die in April. His widow, Kathrine White Carver, would follow a few weeks later. There is some recent archaeological evidence suggesting that some of the dead were butchered and eaten by the survivors.

The Mayflower and her crew left for England on April 5, 1621, never to return.

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About 40 of the Pilgrims were religious Separatists, members of a Puritan sect that had split from the Church of England, in defiance of English law. In 1609, they immigrated to Holland to practice their religion but ran into problems there too. Others in the group had remained part of the Church of England but were sympathetic to their Separatist friends. They did not call themselves Pilgrims, that term was adopted at the bicentennial for the Mayflower voyage. The members of core Separatist sect referred to themselves as “Saints” and people not in their sect as “Strangers.”

In March 1621, an English speaking Native American, named Samoset, visited the Plymouth colony and asked for beer. He spent the night talking with the settlers and later introduced them to Squanto, who spoke even better English. Squanto introduced them to the chief of the Wampanoag, Massasoit.

Squanto moved in with the Pilgrims, serving as their advisor and translator. The friendly Wampanoag tribe taught the Pilgrims how to hunt and grow crops. The two groups began trading furs with each other.

William Bradford, a Separatist who helped draft the Mayflower Compact, became the longtime Plymouth Governor. He was also the writer of the first history of the Plymouth Colony and the Mayflower. Bradford’s more notable descendants include author, dictionary writer and scholar Noah Webster; TV chef Julia Child; and Supreme Court Chief Justice William Rehnquist.

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In the fall of 1621, 399 years ago, the Pilgrims invited their Wampanoag Indian friends to a feast celebrating their first harvest and a year in the New World with a three-day festival. This has become known as the first Thanksgiving.

Today is a national and state holiday. Schools, banks, government offices and many private businesses are closed.

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Health

Alabama hospitals nearing COVID-19 summer surge levels

Wednesday was the 18th straight day with more than 1,000 people in hospitals in Alabama with COVID-19. 

Eddie Burkhalter

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UAB Chief of Hospital Medicine Dr. Kierstin Kennedy.

Alabama hospitals reported caring for 1,483 people infected with COVID-19 on Wednesday, the highest number of patients since Aug. 11, when the state was enduring its summer surge. Wednesday was also the 18th straight day with more than 1,000 people in hospitals in Alabama with COVID-19. 

The seven-day average of hospitalizations was 1,370 on Wednesday, the 36th straight day of that average rising. The Alabama Department of Public Health reported 2,453 new cases Wednesday. The 14-day average of new cases was — for the eighth day in a row — at a record high of 2,192. 

Across the country, more than 80,000 people were hospitalized for COVID-19 on Tuesday, a record high and the 15th straight day of record hospitalizations nationwide, according to the COVID Tracking Project, a coronavirus tracking website.

The CDC this week recommended people not travel for Thanksgiving to help prevent the spread of coronavirus. 

“The only way for us to successfully get through this pandemic is if we work together,” said Dr. Kierstin Kennedy, UAB’s chief of hospital medicine, in a message Tuesday. “There’s no one subset of the community that’s going to be able to carry the weight of this pandemic and so we all have to take part in wearing our masks, keeping our distance, making sure that we’re washing our hands.” 

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Kennedy said the best way she can describe the current situation is “Russian Roulette.” 

“Not only in the form of, maybe you get it and you don’t get sick or maybe you get it and you end up in the ICU,” Kennedy said, “but if you do end up sick, are you going to get to the hospital at a time when we’ve got capacity, and we’ve got enough people to take care of you? And that is a scary thought.” 

The Alabama Department of Public Health on Wednesday reported an increase of 60 confirmed and probable COVID-19 deaths. Deaths take time to confirm and the date a death is reported does not necessarily reflect the date on which the individual died. At least 23 of those deaths occurred in November, and 30 occurred in other months. Seven were undated. Data for the last two to three weeks are incomplete.

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As of Wednesday, at least 3,532 Alabamians have died of COVID-19, according to the Department of Public Health. During November, at least 195 people have died in Alabama from COVID-19. But ADPH is sure to add more to the month’s tally in the weeks to come as data becomes more complete.

ADPH on Wednesday announced a change that nearly doubled the department’s estimate of people who have recovered from COVID-19, bringing that figure up to 161,946. That change also alters APR’s estimates of how many cases are considered active.

ADPH’s Infectious Disease and Outbreak team “updated some parameters” in the department’s Alabama NEDSS Base Surveillance System, which resulted in the increase, the department said.

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Corruption

Judge reduces former Alabama Speaker Mike Hubbard’s prison sentence

The trial court judge ordered his 48-month sentence reduced to 28 months.

Eddie Burkhalter

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Former Alabama House Speaker Mike Hubbard was booked into jail to begin serving his four-year sentence for ethics violations in September. (VIA LEE COUNTY DETENTION CENTER)

Lee County Circuit Court Judge Jacob Walker on Wednesday reduced former Alabama House Speaker Mike Hubbard’s prison sentence from four years to just more than two. 

Walker in his order filed Wednesday noted that Hubbard was sentenced to fours years on Aug. 9, 2016, after being convicted of 12 felony ethics charges for misusing his office for personal gain, but that on Aug. 27, 2018, the Alabama Court of Criminal Appeals reversed convictions on one counts. The Alabama Supreme Court later struck down another five counts.

Hubbard’s attorneys on Sept. 18 filed a motion to revise his sentence, to which the state objected, according to court records, arguing that “Hubbard’s refusal to admit any guilt or express any remorse makes him wholly unfit to receive any leniency.”   

Walker in his order cited state code and wrote that the power of the courts to grant probation “is a matter of grace and lies entirely within the sound discretion of the trial court.” 

“Furthermore, the Court must consider the nature of the Defendant’s crimes. Acts of public corruption harm not just those directly involved, but harm society as a whole,” Walker wrote.

Walker ruled that because six of Hubbard’s original felony counts were later reversed, his sentence should be changed to reflect that, and ordered his 48-month sentence reduced to 28 months. 

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Alabama Attorney General Steve Marshall on Wednesday said Walker’s decision to reduce Hubbard’s sentence was the wrong message to send.

“Mr. Hubbard was convicted of the intentional violation of Alabama’s ethics laws, the same laws he championed in the legislature only later to brazenly disregard for his personal enrichment,” Marshall said in a statement. “Even as he sits in state prison as a six-time felon, Mike Hubbard continues to deny any guilt or offer any remorse for his actions in violation of the law.  Reducing his original four-year sentence sends precisely the wrong message to would-be violators of Alabama’s ethics laws.”

Hubbard was booked into the Lee County Jail on Sept. 11, more than four years after his conviction. On Nov. 5 he was taken into custody by the Department of Corrections.

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News

Nick Saban tests positive for COVID-19, has “mild symptoms”

It’s unlikely Saban will be able to coach in person during Saturday’s Iron Bowl against Auburn.

Eddie Burkhalter

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University of Alabama head football coach Nick Saban.

University of Alabama head football coach Nick Saban has tested positive for COVID-19 ahead of the Iron Bowl and has mild symptoms, according to a statement from the university on Wednesday. 

“This morning we received notification that Coach Saban tested positive for COVID-19,” said Dr. Jimmy Robinson and Jeff Allan, associate athletic director, in the statement. “He has very mild symptoms, so this test will not be categorized as a false positive. He will follow all appropriate guidelines and isolate at home.” 

Saban had previously tested positive before Alabama’s game against Georgia but was asymptomatic and subsequently tested negative three times, a sign that the positive test could have been a false positive. He returned to coach that game. 

It’s unlikely Saban will be able to coach in person during Saturday’s Iron Bowl against Auburn, given the Centers for Disease Control and Prevention’s guidelines for quarantining after testing positive and with symptoms. Neither Saban nor the university had spoken about that possibility as of Wednesday morning.

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