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Gov. Ivey awards grants for prison programs

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Gov. Kay Ivey has awarded two grants to the Alabama Department of Corrections for programs that provide treatment for drug addiction and increase safety.

A $495,456 grant will provide a drug treatment program conducted at seven prisons in the state. The program includes education, counseling and urinalysis testing in order to reduce recidivism rates and break the link between addiction and criminal activity.

An $84,648 grant will be used to purchase and install video surveillance cameras at Ventress Correctional Facility in Clayton. The cameras help eliminate blind spots, aid investigations of misconduct and improve accountability. ADOC officials say they have seen benefits in other facilities that have installed similar systems in a short amount of time.

“There is no question that those who break our laws deserve the proper punishment based on their offenses, but they also deserve an opportunity for rehabilitation,” Gov. Ivey said. “I am hopeful that these grants will result in increased safety and a break of the drug addictions that so often lead to multiple incarcerations.”

The Alabama Department of Economic and Community Affairs is administering the grants from funds made available by the U.S. Justice Department.

“Gov. Ivey has shown strong leadership in her dedication to justice, rehabilitation and safety, and ADECA is pleased to join her and the Department of Corrections in supporting these programs,” ADECA Director Kenneth Boswell said.

ADECA administers a wide range of programs that support law enforcement, victim services, economic development, water resource management, energy conservation and recreation.

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Ivey notified ADOC Commissioner Jefferson Dunn that the grants had been approved.

 

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Crime

Ivey announces support for criminal justice legislation

Eddie Burkhalter

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Gov. Kay Ivey on Thursday announced her support for six bills that address the state’s criminal justice system, legislation that’s a product of Ivey’s study group on criminal justice policy. 

“I tasked the Criminal Justice Study Group with the mission of finding data-driven solutions to our longstanding challenges in our prison system,” Ivey said in a statement. “I’m not only proud of their efforts, but I’m pleased there were solid recommendations, which came as a result of their hard work. Through these legislative items, we can build upon steps my administration has already begun taking to improve our criminal justice system.” 

Those bills are: 

  • SB 226, by Sen. Clyde Chambliss (R-Prattville), will establish a Deputy Commissioner of Rehabilitation within the Department of Corrections (DOC), as well as within the Bureau of Pardons and Paroles. This bill will refocus these agencies toward reducing recidivism among those in the state’s custody while promoting public safety.
  • SB 244, by Sen. Cam Ward (R- Alabaster), will ensure that all inmates coming to the end of their sentences undergo mandatory, pre-release supervision. A 2015 law accomplished this result for offenders sentenced after its enactment; this bill will make that statute retroactive. While reducing burdens on DOC, this bill will also improve public safety by helping inmates successfully re-enter society.
  • HB 323, by Rep. Chris England (D- Tuscaloosa), will require the Department of Corrections to report more information to the Legislative Prison Oversight Committee. This bill will provide lawmakers with information to make knowledgeable decisions during the appropriation process. It will also update the Oath of Office that is taken by Correctional Officers to reflect the Department’s renewed focus on the rehabilitation of inmates.
  • HB 329, by Rep. Jim Hill (R- Moody), will make retroactive the state’s existing “presumptive sentencing guidelines.” Prior to October 1, 2013, offenders were sentenced to lengthy sentences, even life imprisonment, for nonviolent crimes. This bill will allow nonviolent offenders who are currently incarcerated under the previous guidelines to be eligible for resentencing under current, presumptive sentencing guidelines if they have demonstrated acceptable conduct while in prison.
  • HB 342, by Rep. Connie Rowe (R- Jasper), will provide former inmates the ability to receive a non-driver photo identification card. One of the greatest barriers of joining the workforce for those coming out of incarceration is a viable form of government identification. This bill will require the DOC and the Alabama Law Enforcement Agency (ALEA) to work together to assist an inmate in obtaining a Social Security Card, Birth Certificate and Non-Driving Photo ID prior to release from a state facility.
  • SJR 25, by Sen. Bobby Singleton (D – Greensboro), will establish a study group to address uniformity and increasing access to pre-trial and diversionary programs while also looking at best practices. The study group will be made up of legislators, members of the Alabama Sentencing Commission, counties, district attorneys, judges and legal researchers.

Ivey did not express support for other policy recommendations made by her study group, however, which study group members and advocates for criminal justice reform say would free incarcerated people who, if convicted of the same crime today, would not have been sentenced so harshly.

Study group chair Champ Lyons wrote in the group’s proposals that lawmakers should consider reinstating a 2001 law that would allow some people serving life without the possibility of parole under the state’s Habitual offender Act to ask the courts for relief. Prior to the law’s repeal, so-called “Kirby motions” would let some inmates convicted of nonviolent crimes to appeal their sentences. That  recommendation was not among Ivey’s.

Ivey is also working with the Bureau of Pardons and Paroles to increase access to probation officers for parolees, according to her office’s statement Thursday, and has recommended several budget increases. 

 Ivey suggests an increase of $4.2 million to expand prison education programs, $1.8 million to expand the Stepping Up program, a nationwide initiative to reduce the number of people with mental illnesses in jail, and an increase to hire correctional officers to meet a court order to do so. She also recommends hiring 104 additional mental health professionals for state prisons. 

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The U.S. Department of Justice in April 2019 released a report that found that conditions in Alabama’s overcrowded and understaffed men’s prisons is likely violating the Constitution’s Eighth Amendment prohibition on cruel and unusual punishment. State officials remain under pressure to fix Alabama’s ailing prison system or face a federal takeover.

At least the twenty-eight people serving in state prisons died in 2019 as a result from either homicide, drug overdose or suicide. The 14 prison homicides in 2019 was more than twice as many as were killed during the entire ten-year period between 1999 and 2009. 

Ivey’s announcement Thursday supporting criminal justice legislation comes as ADOC staff continue to push her plan to construct three new prisons at an estimated cost of $900 million, a plan Ivey and ADOC commissioner Jeff Dunn say would increase safety for the incarcerated and prison staff and replace numerous dilapidated facilities.

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Governor

Speaker McCutcheon standing with governor on gaming workgroup

Bill Britt

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During her 2020 State of the State address, Gov. Kay Ivey said she would be signing an Executive Order to establish a small working group to gather all the facts on how much money the State could gain if some form of gaming expansion occurred. She also asked the Legislature to give her time for the group to come back with an answer.

Whether lawmakers would grant Ivey’s request for time has been an important question swirling around the halls of the State House.

Speaker of the House Mac McCutcheon answered that question on Wednesday when APR reached out to his office with a request for clarification.

APR’s email wrote, “Speaker McCutcheon recently made the statements quoted below.”

“I am not a big gambling guy; but if you are going to vote for a lottery, that’s gambling, then don’t be a hypocrite and let’s get the biggest bang for the buck,” McCutcheon said. “Let’s address a lottery, the Poarch Creek Indians, and these counties that want a one-armed gambling. Put them all in a room and hammer out a deal.”

The Speaker warned, though, that if he cannot get a grand deal between all the parties on gambling, then there likely would not be any gambling bill brought forward in 2020.

“Does he still stand by these statements?”

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The following is the response APR received from the Speaker’s office:

“Since the Speaker made the statement, the Governor will be signing an Executive Order to bring people together to evaluate the facts on how much money the State could gain if some form of gaming expansion occurred. The Speaker will be working with the Governor in her efforts.”

Ivey said once the working group had completed its task, she would “bring these facts to the 140 members of the Legislature and the people of Alabama. And we will then, once and for all, be in a position to determine whether or not this is a path we want to pursue.”

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That McCutcheon is in  alignment with the governor should signal to all interested parties that no further movement on gaming legislation will happen until the working group has completed its evaluation.

Some have been slow to hear Gov. Ivey’s entreaty.

Even after Ivey’s call for more time to gather facts, the Poarch Creek Band of Indians continues to flood television, internet and social media with a massive advertising campaign touting their billion-dollar plan in exchange for a tribal-state compact and exclusive right to Vegas-style casino gaming in the State.

PCI lobbyists, including tribal council vice-chair Robbie McGhee, are being very pro-active at the State House.

On Tuesday, Madison County Republican Rep. Rex Reynolds said, “We’re gonna move forward on a lottery. We clearly got that message during our conference meeting yesterday. I think it’s the right thing to do. The people want to vote on a lottery and I think we need to give them an opportunity to,” according to a report by WAFF.

Rep. Steve Clouse, R-Ozark, the House budget chairman, recently said that he planned to file legislation that would create an education lottery in Alabama.

Clouse’s bill would create a paper lottery with scratch-offs and PowerBall options only.

Opinion | Prepare for more gambling debates in the 2020 Legislative Session

A day after Ivey issued her State of the State request to the Legislature to stand down on gaming, Senate President Pro Tem Del Marsh held a meeting with representatives of the Poarch Creeks and two of the State’s dog tracks to discuss moving ahead on a proposed lottery and gaming bill.

Marsh holds meeting with gaming interests day after Ivey calls for the Legislature to stand down on gaming

These various statements and actions have added confusion as to what is happening with gaming this session.

Now that McCutcheon has made his position known, maybe it will put to rest the rumors, activities and behind-the-scenes maneuvering that go against Ivey’s wishes.

 

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Education

Business, community leaders call on lawmakers to support Gov. Ivey’s push for more Pre-K funds

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Governor Ivey’s push for a $25 million statewide expansion of Alabama’s high-quality, voluntary First Class Pre-K program was endorsed today by business and community leaders from across the state. If approved by the state Legislature, the proposed funding increase would add at least 160 new classrooms next year and help enroll at least 2,889 additional four-year-olds.

The Alabama School Readiness Alliance Pre-K Task Force included its support for Governor Ivey’s budget request in its 2020 Legislative Recommendations. The ASRA Pre-K Task Force consists of more than 60 prominent leaders from the business, education, civic, medical, legal, philanthropic, military, and child advocacy communities.

In addition to increased funding in FY2021, the Task Force’s plan proposes a series of recommendations to fully fund the state’s First Class Pre-K program by the 2022-23 school year while maintaining the program’s benchmarks for quality and accountability. The Pre-K Task Force’s Recommendations are available in their entirety at https://www.alabamaschoolreadiness.org/asra-pre-k-task-force-recommendations/.

“We are not there yet, but the state is moving in the right direction to provide high-quality, voluntary pre-k to all families that want it,” said Mike Luce and Bob Powers, business leaders and co-chairs of the Alabama School Readiness Alliance Pre-K Task Force. “The Alabama School Readiness Alliance’s Pre-K Task Force is pleased that Governor Ivey is once again prioritizing additional funds to add more pre-k classrooms across the state. We stand with Governor Ivey and encourage lawmakers to appropriate the $25 million increase outlined in her proposal.”

For 13 years in a row, the National Institute for Early Education Research has ranked Alabama’s pre-k program as the number one state-funded pre-kindergarten program in the country for quality. Research by the Public Affairs Research Council of Alabama and the University of Alabama at Birmingham has found that students who participate in a First Class Pre-K classroom – regardless of demographics, zip code or school – are more likely to be proficient in math and reading than their peers.

The Alabama Department of Early Childhood Education manages the First Class Pre-K program. It allocates funding for the First Class Pre-K program through a competitive application process. Public and private schools, child care centers, faith-based centers, Head Start programs, nonprofits, universities, and other community-based providers are all eligible to apply. Potential providers can apply for three different levels of funding: an excellence classroom (up to $50,400), tiered funding (ranges from $86,904 to $100,008), and a new classroom (up to $120,000). Applications for First Class Pre-K classroom funding are due March 13 on the Department’s website, www.children.alabama.gov.

The ASRA Pre-K Task Force first proposed expanding voluntary pre-k access to all families in 2012. Since then, state leaders have incrementally increased the level of investment in Alabama’s First Class Pre-K program from $19 million to $122.8 million. In 2012, the program enrolled just six percent of Alabama’s four-year-olds. In the 2019-20 school year, nearly 40 percent of Alabama’s four-year-olds attend First Class Pre-K.

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Governor

Marsh holds meeting with gaming interests day after Ivey calls for the Legislature to stand down on gaming

Bill Britt

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Despite Gov. Kay Ivey’s call for the Legislature to give her “time to get the facts,” on a lottery and gaming before proceeding with legislation, Senate President Pro Tem Del Marsh summoned representatives of the Poarch Creek Band of Indians and two of the state’s dog tracks to sit down and discuss moving ahead on a proposed lottery and gaming bill.

Ivey seizes gaming issue

A day after Ivey’s State of the State, Marsh, along with Senators Bobby Singleton and Steve Livingston, held a conference with Robbie McGhee, PCI’s Vice-chair, Lewis Benefield, who operates VictoryLand and the Birmingham Race Course, and Nat Winn from Greenetrack to try and reach an agreement among the three gaming entities.

Marsh, at the Wednesday meeting, informed those gathered that they needed to come up with a compromise on the gaming issue so that legislation could proceed with a constitutional amendment on a lottery and gaming package this session.

Participants in the closed-door meeting declined to speak with APR about the content of their discussions. However, those who have knowledge of the conversation did relay some of the details to APR.

According to those sources, the group discussed what a compromise might look like, what tax revenue the facilities would be allotted to the state and locations sought by PCI.

Reportedly, the discussions were generally cordial and productive while lawmakers were present, but that the tone changed dramatically once the lawmakers left the room.

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Two sources with an understanding of events said that McGhee turned arrogantly defiant after the legislators left, telling the track owners that PCI didn’t need to compromise because they already have the votes necessary to pass their desired legislation. Benefield, Winn nor PCI would confirm APR‘s sources’ account.

Any lottery or gaming legislation requires an amendment to the state’s 1901 Constitution, which must be approved by a vote of the people. The governor plays no direct part in legislation that involves constitutional amendments.

PCI is demanding Class III Vegas-style gaming, which would require a tribal-state compact that must be negotiated under the authority of the governor.

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There is a way to bypass Ivey, although it is fraught with complications.

If the Legislature passed a constitutional amendment that includes a comprehensive gaming solution plus an authorization for the governor to negotiate a compact with PCI, then a potential federal-state showdown could occur.

The Indian Gaming Regulatory Act requires that tribe request the negotiation of compacts with states in which they intend to conduct Class III gaming. “States, in turn, must negotiate with tribes in good faith to develop such a compact,” according to a report in Indian Gaming Lawyers. “If the state refuses to do so, the federal government may intervene and potentially impose a compact if all other efforts to secure a compact have failed.”

In a report titled The Tribal Trump Card, Patrick Sullivan explores several cases in which tribes have sued various states under IGRA’s good faith clause.

If the tribe has the vote to pass its legislation, that is not publicly known at this time.

Others close to the tribe say McGhee’s remarks to the track operators should be ignored as he is still smarting from the billion-dollar “Winning for Alabama” campaign that is a bust for PCI.

A recent survey conducted for Alabama Republicans found that an overwhelming majority of likely Republican primary voters disapprove of any legislation giving the Poarch Creeks a monopoly. Those numbers skyrocket in the areas where PCI casinos currently exist.

Speaker of the House Mac McCutcheon has stated publicly that he wants to push for a grand gaming package that puts the issue to rest once and for all and also brings in a lot of money for the state. He has indicated that anything short of a grand plan will not get a hearing.

Do the Legislature and PCI want to challenge Ivey? That’s a daunting question for anyone who has watched her operate the levers of power over the last few years.

Whether Marsh’s meeting was meant to undermine Ivey’s call for time to “get the facts,” or a last attempt at a compromise is unclear. But what is certain is Ivey’s intentions to seize gaming issues and bring a solution to the Legislature in the best interest of the state.

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