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Parole hearings can’t resume any quicker due to state law, bureau says

Eddie Burkhalter

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After Gov. Kay Ivey on Monday issued an order for parole hearings to resume and the Bureau of Pardons and Paroles announced hearings would restart May 18, some worried that it was too long to wait amid the COVID-19 crisis. 

Rep. Chris England, D-Tuscaloosa, in a Tuesday morning tweet urged the bureau to hold hearings earlier and pointed out that bureau staff should have already met the legal requirement to notify victims and other parties for hearings that had been set for last month but were canceled.

State law requires victims and others to be notified 30 days in advance of a parole hearing.  

Bureau spokesman Terry Abbott in a message to APR on Tuesday said doing so would be illegal, however. 

“When hearings are postponed, as they were last month, the notice requirement begins again from the time the hearing is set. We must give crime victims and other interested parties 30 days notice of the hearing date, as required by law,” Abbott said. “That means, of course, that the previous notice of the previous hearing date is no longer valid, under the law, because there is a new hearing date.”

To hold the hearings sooner than mid-May would violate state law and invalidate any parole decision the board made at such a hearing, Abbott said.

England told APR by phone Tuesday morning that the bureau’s statement regarding the requirement to send out notification anew is a continuing sign that the bureau simply doesn’t want to release any inmates.

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“You have to assume motives at this point,” England said, adding that the bureau could reset those hearings that had been set to take place in the coming days and weeks, and for which the notices had already gone out.

Parole hearings that had been scheduled were canceled following Ivey’s March 13 order regarding COVID-19 related closures, and the bureau had said that the state’s open meetings act required hearings to be held in-person, and so couldn’t take place due to Ivey’s order. 

England in numerous tweets last week expressed concern for those serving in prisons who may be released as the Alabama Department of Corrections planned for the possibility of a COVID-19 outbreak in the prisons. 

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England called on the bureau to restart parole hearings and noted that Ivey’s March 18 order allows state government bodies to “establish a quorum, deliberate, and take action- by means of telephone conference, video conference or other similar communications equipment.” 

From that March 18 order on the bureau could have resumed hearings but did not, England told APR.

“Everyone should be doing their part before the inevitable happens. We shouldn’t be waiting on a positive test to start doing things and taking advantage of everything that’s’ already available to us now,” England said.

As of Friday, the last day that the Alabama Department of Corrections had updated inmate testing numbers, no inmate had tested positive but 46 had been tested. ten results were still pending, however, and ADOC is to update testing numbers on Tuesday.

Ivey on Monday issued a proclamation allowing for people who want to express their views about a particular parole hearing, whether a crime victim, an officer or someone else,  to do so through mail or email, which would allow the bureau to resume holding hearings. 

Ivey’s decision brought some praise from criminal justice advocacy groups, but there remained concerned that even when hearings restart, too few inmates will be paroled. 

“…when hearings do resume, it is vitally important that the parole board hold more hearings and grant more paroles than they have been granting: their previous fiscal year average of 22 grants per month is unconscionable during this current public health crisis,” said ACLU of Alabama director Randall Marshall in a statement Monday following Ivey’s announcement. 

The ACLU of Alabama’s April 9 report found that the bureau’s current three-member board, who were appointed in September, has denied release in 85 percent of cases considered. 

“Only 133 people were granted parole out of the 866 cases considered in the last five months, a grant rate of just 15 percent. In FY 2019, parole was granted to 1,337 people at a grant rate of 31 percent. In FY 2018, 3,732 people made parole at a grant rate of 54 percent,” the report states.

England also called on the bureau and ADOC to begin determining which inmates could be released on medical furloughs. Health experts say older inmates and those with medical problems are much more likely to suffer serious complications and death from COVID-19, and that the cramped prisons are incubators for the virus.

“It’s just frustrating to me, and to anyone who’s watching that more isn’t being done,” England said.

 

Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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Governor establishes Prison Repurposing Commission

Gov. Kay Ivey and Alabama Department of Corrections Commissioner Jeff Dunn have said that as many as 11 of the state’s 13 existing men’s prisons could close.

Eddie Burkhalter

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St. Clair Correctional Facility near Springville, Alabama (VIA GOOGLE)

Gov. Kay Ivey on Tuesday signed an executive order establishing the commission that will be tasked with deciding what to do with the state’s existing men’s prisons, once three new prisons are constructed, at a cost that’s been estimated to be more than $2 billion. 

According to the order, the 15-member Alabama Prison Repurposing Commission will have until Sept. 1, 2023, “or 90 days after the Commissioner certifies to the Commission that construction on the final prison is complete” to submit a report detailing their recommendations for the state’s prisons. 

Ivey and Alabama Department of Corrections Commissioner Jeff Dunn have said that as many as 11 of the state’s 13 existing men’s prisons could close. Ivey’s order Tuesday states that the commission is to determine which prisons could be renovated and used as prisons, which could be renovated for other purposes for ADOC and “which should be repurposed to serve a new function, whether by another public entity or the private sector.” 

“The Alabama Prison Repurposing Commission will provide recommendations based on in-depth facility analysis considering both the impact on the state and local community as well the financial ramifications to potentially repurpose or decommission some of our current prison infrastructures,” Ivey said in a statement. 

“As our Alabama Prison Program moves forward in building three new prisons to provide additional safety for correctional staff and inmates, we will simultaneously need to smartly and safely repurpose or decommission these outdated, aging prisons, many of which were never designed or constructed to be correctional facilities for their current use or capacity,” Ivey continued. “I’m confident this commission, which is comprised of a broad, experienced and diverse group of individuals who represent all regions of our state, will accomplish its mission effectively on behalf of the people of Alabama. This process will allow both public officials as well as members of the general public to have a meaningful voice in the future of our existing prison infrastructure.”

Ivey’s order states that the commission should hold at least one public meeting “in a local community near each existing male prison” but that “other meetings of the Commission shall be open to the extent practicable but shall, in all events, be closed to the extent necessary to protect information related to the Department’s ongoing or anticipated security operations and other confidential information.”

Ivey on Sept. 3 announced the two developer teams that are to build the state’s three new mega prisons, and said those prisons are to be located in Bibb, Elmore County and Escambia counties.

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The private prison company CoreCivic is to build and lease back to the state two of the three prisons, according to Ivey’s office; one in Elmore County, where several locations are under review, and the other to be located near Bell Fork Road in Escambia County.

The prison to be located near AL-139 and County Road CR-2 in Bibb County is to be built by a group called Alabama Prison Transformation Partners, made up of Star America, BL Harbert International, Butler-Cohen, Arrington Watkins Architects and Johnson Controls Inc.

ADOC has said the department won’t release financial details of the more than $2 billion prison build-lease plan with the private companies until after the deals are signed. Once those leases have run their course, the state won’t own the three prisons, Dunn told state legislators in June. 

The Alabama Prison Repurposing Commission members include:

  • Neal Wade (Chair) is the former director of the Alabama Development Office, the precursor to the Alabama Department of Commerce, and currently serves as the Managing Partner of Advanced Economic Development Leadership for the National Economic Development Education Program.
  • Sen. Greg Albritton is Chairman of the Senate Finance and Taxation General Fund Committee and was elected to represent District 22 in the Alabama Senate, which includes Baldwin, Clarke, Escambia, Monroe, and Washington counties. Senator Albritton previously served in the House of Representatives and is a retired Commander in the U.S. Navy.  He is an attorney and a graduate of the Thomas B. Goode Jones School of Law.
  • Ben Baxley currently serves as Chief of the Opinions Division in the Alabama Attorney General’s Office. He previously served as the Deputy Chief of the Criminal Division in the office of the United States Attorney for the Middle District of Alabama. After graduating from the University of Alabama School of Law, Baxley began his legal career with the Tuscaloosa County District Attorney’s Office and worked as Chief Deputy District Attorney for Dekalb and Cherokee counties.
  • Ted Clem is the Director of Business Development for the Alabama Department of Commerce.Clem joined Commerce in February 2014 as a senior project manager and played a key role in two projects in Opelika that involved $340 million in capital investment and nearly 400 new jobs. Clem began his career in Evergreen, as the first Executive Director of the Conecuh County Economic Development Authority. He later served with the Covington County Economic Development Commission before moving on to a business development post at the Pensacola Chamber of Commerce, followed by a stint the Bay County Economic Development Alliance in Panama City. Clem holds the Certified Economic Developer certification and earned a Bachelor’s degree in Journalism from Troy University, and received a Master’s degree in Economic Development from the University of Southern Mississippi.
  • Sen. Linda Coleman-Madison was elected to represent District 20 of the Alabama Senate, which includes Jefferson County. She previously served one term in the Alabama House of Representatives and three terms on the Birmingham City Council. She recently retired from the City of Birmingham as the Americans with Disabilities Compliance Administrator. Sen. Coleman-Madison received her Bachelor of Science degree from Alabama A&M University, and her Master of Arts degree from the University of Alabama at Birmingham.  She serves as the Ranking Minority Member of both the Senate Finance and Taxation General Fund and Governmental Affairs Committees.
  • Harold Crouch is currently the mayor of Chatom where he has served for 24 years. He was previously on the City Council for two terms. He has also taught government, history, and economics.
  • Darius Foster is the CEO & Co-Founder of H2T Digital. He received a BS in Business Administration from Miles College and a GC in Business Strategies for Social Impact from The Wharton School. He is a current member of the Board of Directors for the Business Council of Alabama as well as a former Commissioner of the Alabama Commission of Higher Education.
  • Annette Funderburk is the President of Ingram State Technical College which serves a 100 percent incarcerated adult population that delivers career technical, GED and job skills training at six locations across Alabama. She previously served nearly 10 years within the Alabama Community College System where her most recent role was Director of External Affairs. Before working within the two-year college System, Funderburk served in several roles related to local government including a Municipal Consultant, responsible for securing grant funds for infrastructure and development projects, as well as a County Administrator for the Tallapoosa County Commission. Funderburk has a Bachelor of Business Administration from the University of Montevallo and a Master’s in Public Administration from Troy University.
  • Rep. Kelvin Lawrence was elected to represent District 69 of the Alabama House of Representatives which includes Autauga, Lowndes, Montgomery and Wilcox counties. He previously served as the Mayor of Hayneville and worked as a home builder as well as owning several Subway sandwich shop franchises.  He serves on the Ways and Means General Fund and State Government Committees in the House of Representatives.
  • Merceria Ludgood currently serves as a Mobile County Commissioner, District One, attorney and civic leader. She earned her Bachelor of Science degree from the University of Alabama, followed by a Master of Arts degree. She earned her law degree from the Antioch School of Law An avid supporter of higher education, Ludgood also earned a Master of Divinity degree from the Alabama Interdenominational Seminary in 1990.Ludgood is the recipient of numerous honors and awards, including being selected for Leadership Mobile, Leadership Alabama and the prestigious Kellogg National Leadership Fellowship. The commissioner has distinguished herself as a member of the inaugural class of “Herstory of Mobile,” a Museum of Mobile project recognizing the outstanding contributions of women to the social, economic and cultural heritage of the Gulf Coast region.
  • Walter Givhan, Maj. Gen., USAF (Retired) currently serves as Senior Vice Chancellor for Advancement and Economic Development at Troy University. He is also the Commander of the Curtis E. LeMay Center for Doctrine Development and Education and Vice Commander of Air University at Maxwell Air Force Base. The center is responsible for the research, development, and production of Air Force doctrine and input for joint and multinational doctrine development activities. The center is also responsible for advocating the proper doctrinal representation of airpower in exercise scenarios, war games, models and simulations, and providing policy and guidance of Air Force doctrine through education and focused outreach. Air University is responsible for Air Force enlisted and officer professional military education, professional continuing education and graduate education, as well as officer commissioning through Officer Training School and the Reserve Officer Training Corps. General Givhan, a native of Safford, Ala., graduated from Morgan Academy in Selma, Ala., and the University of the South in Sewanee, Tenn., where he was a National Merit Scholar. 
  • Allen G. Peck, Lt. Gen., USAF (Retired) is an Assistant Professor in the Department of Airpower and General George Kenney Chair at the United States Air Force’s Air Command and Staff College (ACSC). In addition to instructing the Airpower Studies courses, Peck has taught the Joint Warfighting and Leadership Development core curriculum courses at ACSC. He also serves as co-facilitator for the joint Air War College/ Air Command and Staff College Airpower Vistas Research Task Force joint elective. Peck served for 36 years on active duty in the USAF, flying the air-to-air and air-to-surface variants of the F-15. He was a key planner for NATO’s Kosovo operation, and later served as Deputy Combined Force Air Component Commander at Al Udeid Airbase, Qatar. Peck holds an MS in Operations Research from the Air Force Institute of Technology, an MA in International Relations from Salve Regina University, and is currently a Ph.D. candidate at Embry-Riddle Aeronautical University.
  • Rep. Connie Rowe is the Vice Chair of the Majority Caucus in the House of Representatives.  She also serves as Vice Chair of both the Rules Committee and Military and Veterans Affairs Committee. Representative Rowe was elected to represent District 13 of the Alabama House of Representatives, which includes Blount and Walker counties. She previously served as Police Chief for the City of Jasper as well as a criminal investigator for the Walker County District Attorney’s Office.
  • Kyes Stevens is the Founder and Director of the Alabama Prison Arts + Education Project at Auburn University.  Starting in 2001, she has worked to design and build an innovative and sustainable outreach program that works with the underserved adult prison population in Alabama. Stevens oversees all aspects of APAEP programming. She has served as a grants reviewer for the National Endowment for the Arts and the Alabama State Council on the Arts, was an inaugural member of an emerging arts administrators organization in Alabama, and works in advisory capacities nationally for individuals and programs seeking to develop arts and education programming within prisons. She is the fourth generation of her family to work in Outreach at Auburn University and was awarded an Auburn University Young Alumni Award for her efforts building APAEP. She was also an inaugural recipient of the Lillian E. Smith Writer in Service Award and continues to publish poems.
  • Willie Williams, Lt. Gen., USMC (Retired) is a senior consultant and Owner/President of Williams Consulting, LLC based in Huntsville assisting the Department of Defense-supporting contractors and industries in strategic business development. Williams previously served as the Chief of the Marine Corps Staff, Headquarters Marine Corps, Washington, DC, where he was responsible for day-to-day operations at headquarters, coordinating decision-making association activities across internal and external staffs of, in addition to the Marin Corps, principal assistant and adviser to the Commandant and the Assistant Commandant of the Marine Corps as they led and managed its 200,000 members, and their military readiness effectiveness. Willie was commissioned into the officer ranks after earning his Bachelor of Arts (Cum Laude) in Business Administration from Stillman College. He also holds a MBA from National University and a MS in Strategic Resources Management from Industrial College of the Armed Forces at National Defense University.
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Thieves targeting food stamp recipients via text messages

Eddie Burkhalter

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(STOCK PHOTO)

The Alabama Department of Human Resources on Wednesday warned the public that thieves are targeting people who receive Supplemental Nutrition Assistance Program benefit cards, commonly known as food stamps, through text messages. 

The text messages typically request personal information, including Social Security numbers, bank account numbers and SNAP electronic benefits transfer card or PIN numbers, the department said in a press release.

Some text messages also falsely claim people have been selected to receive food stamps.

“Identity thieves are using new tricks in hopes of catching SNAP recipients off guard during this time of heightened uncertainty,” said Alabama DHR Commissioner Nancy Buckner in a statement. “It is so important to take the precautions necessary to protect your identity, along with the integrity of this vital program. Following these simple but effective tips can greatly reduce your risk of harm.”

DHR recommends these tips to protect against the scam:

  • Never provide personal information to an unfamiliar person or organization.
  • If a text message seems like a scam, delete it. Do not reply. 
  • Do not click on any links in an unexpected text message.
  • Beware that scammers often pressure victims to “act now!”
  • If an offer or claim sounds too good to be true, it probably is.
  • Do not trust caller ID. Scammers can use “spoofing” technology to disguise their phone numbers.

SNAP recipients who are unsure if a request for information is legitimate should contact their local DHR office at a verified phone number. Contact information is available here.

The Food Assistance Division of DHR administers the SNAP program in Alabama. More information about the program can be found here.

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John Paul Dejnozka, the “Southwest Molester,” dies after testing positive for COVID-19

Eddie Burkhalter

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John Paul Dejnozka, 76, died on Sept. 9. (VIA ALABAMA DEPARTMENT OF CORRECTIONS)

John Paul Dejnozka, 76, died on Sept. 9 after testing positive for COVID-19, becoming the 21st Alabama inmate to have died after being confirmed to have the disease.

Dejnozka, who was dubbed the “Southwest Molester,” was convicted in 1980 in connection with the assault of at least 18 women in their homes, attacking, torturing and raping some of them, according to news accounts. He was sentenced to 830 years on convictions of two counts of rape, two counts of assault with intent to maim, one count of burglary and assault with intent to ravish, 11 counts of first-degree burglary and one count of second-degree burglary.

Dejnozka, who was serving at the Holman Correctional Facility, was tested for COVID-19 after exhibiting symptoms of the disease, according to a press release from the Alabama Department of Corrections. He was taken to a local hospital for treatment, where he remained until his death.

ADOC also announced that six other inmates at Holman prison and one at Ventress Correctional Facility have tested positive for COVID-19. In total, 393 Alabama inmates have tested positive for coronavirus, of which 45 remain active, according to ADOC. As of Sept. 6 the state had tested 1,886 of Alabama’s approximately 22,000 inmates for COVID-19.

There have been 372 confirmed COVID-19 cases among Alabama prison workers, while 340 have since recovered, according to the department. Two workers at the Julia Tutwiler Prison for Women died after testing positive for the disease.

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Governor announces grant to aid domestic violence victims amid COVID-19

Eddie Burkhalter

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(STOCK PHOTO)

Gov. Kay Ivey on Friday announced approval of a $10,000 grant from the U.S. Department of Justice to help domestic violence victims access help during the COVID-19 pandemic.

The Alabama Coalition Against Domestic Violence is using the funds to provide direct services and support during COVID-19 for victims of family, domestic and dating violence, Ivey’s office said in a press release.

“The global pandemic has made many aspects of our lives more challenging, including the ability to seek help due to domestic violence,” Ivey said in a statement. “I commend the work of the staff at the coalition who are working every day to help those in need during the additional challenges posed by COVID-19.”

The coalition supports shelters throughout Alabama and operates regional 24-hour crisis telephone lines for victims needing information or seeking to escape violent situations. It also provides training and technical assistance for police and others who encounter domestic violence situations and helps develop public policy to reduce domestic violence and ensure victims receive proper services.

The Alabama Department of Economic and Community Affairs is administering the grant from funds made available as part of the CARES Act.

“ADECA stands with Gov. Ivey in support of the coalition and other likeminded organizations as they work throughout the state to provide vital help to domestic violence victims,” ADECA Director Kenneth Boswell said in a statement. “The partnership between ADECA and the coalition helps ensure that this level of assistance will continue to be available throughout the state even during a pandemic.”

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