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Alternatives to Incarceration: Alabama needs a reformed justice system, not new prison construction

Alabama Gov. Kay Ivey has called for a special legislative session this week regarding the state鈥檚 prison infrastructure. It鈥檚 true that聽Alabama鈥檚 prisons are in crisis due to violence and overcrowding. In fact, they鈥檝e been in crisis for quite some time. In 1973, a聽four-volume聽study of聽the prisons聽鈥 聽鈥 was released.聽

In the study sponsored by the Alabama Law Enforcement Planning Agency and developed by the Center for Correctional Psychology at the University of Alabama (now the Psychology & Law Concentration), the authors outlined聽the state of Alabama鈥檚 prison system, specific recommendations for each component of the corrections system聽and聽a list of agencies and organizations that could be considered potential referral sources.聽

Potential solutions proposed for the state鈥檚 corrections system included creating special contingency plans or community placements for aged or chronically infirm incarcerated individuals;聽increasing emphasis on rehabilitation and job skills;聽and聽provision of adequate medical, social and mental health services.聽

Why then, are we still grappling with these same issues almost a half century after this report was released?聽

Today, Alabama鈥檚 prison system is one of the most overcrowded and聽violent carceral聽systems in the country. People living in Alabama Department of Corrections (ADOC) facilities are increasingly older and sicker. The聽inadequacies of ADOC鈥檚 provision of medical and mental health services are the subject of聽an 人兽性交聽federal lawsuit.聽All 13 of the male-designated facilities are the subject of聽聽by the U.S. Department of Justice (DOJ), the result of聽an investigation launched under the Trump administration 鈥 a remarkable occurrence for an administration that was averse to any action that might make it appear 鈥渟oft on crime.鈥

鈥淸W]e have reasonable cause to believe that Alabama routinely violates the constitutional rights of prisoners housed in 鈥 Alabama鈥檚 prisons by failing to protect them from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, and by failing to provide safe conditions,鈥 according to a聽聽sent to the governor in April 2019. 鈥淭he violations are exacerbated by serious deficiencies in staffing and supervision and overcrowding.鈥

It鈥檚 not like we don鈥檛 know what needs to be done. Time and again, it鈥檚 been made clear that the path forward must include substantial聽decarceration聽by way of sentencing reforms, fixes to Alabama鈥檚 broken pardons and parole process,聽or opportunities for resentencing for people whose sentences should be reviewed. The objectives of the 1973 study, for example, included deinstitutionalization for the maximum feasible number of people, the utmost development of community resources for the treatment of incarcerated and formerly incarcerated people and the development of alternatives of incarceration.

Yet Alabama is on the precipice of spending at least $1.2 billion聽constructing聽new facilities without a robust conversation聽about why there are still so many people who live in our prisons.聽

It鈥檚 important to understand the聽true cost聽of this $1.2 billion project. Of those funds, at least $400 million is slated to come out of federal COVID relief dollars聽provided under the American Rescue Plan Act. That means money that was intended to improve your access to health care, provide personal protective equipment to the teachers in your local school system,聽create a lifeline for struggling small businesses and give families the relief they desperately need after 18 months of struggle simply won鈥檛 be there.

Instead, it will go to building new cages for our neighbors.聽

Currently and formerly incarcerated people, their family members, advocates, the Department of Justice, the federal court system, a special study commission from nearly 50 years ago 鈥 all of these groups have laid out clear alternatives to incarceration or to construction that would actually impact the violence, death and corruption we see in ADOC.

The question now is whether or not the state will choose to listen or continue to make the same mistakes that have been made for decades.聽

We cannot afford to look back on this moment five decades from now and regret another missed opportunity to reform our justice system.

Katie Glenn is policy associate for the 人兽性交 in Alabama.

Photo at top: AP/Kim Chandler