This sentencing reform started with bipartisan support in the Legislature. One version would have allowed judges — for certain crimes, under certain conditions — to review sentences of those who had served 23+ years. Here's how second chances fell apart:
“I think the best way to put it is this was a no-brainer,” said Jerome Dees, Alabama policy director with the Southern Poverty Law Center’s Action Fund. “It should’ve been non-controversial and straight-forward.”
“I wished all people would realize that prisons are the single most costly institutions in our state after public schools,” said Susan Dewey, professor of criminology and criminal justice at the University of Alabama.Retired Republican U.S. Rep. Spencer Bachus of Birmingham speaks out in support of HB229, the "Second Chance" legislation during a hearing before the Alabama House Judiciary Committee on Wednesday, April 19, 2023, at the State House in Montgomery, Ala. .
“The most important priority our lawmakers have is public safety in Alabama,” Demarco, a Birmingham attorney, toldthis week. “It should always be paramount when state representatives and senators consider legislation.” Demarco’s last-minute piece alleged that HB229 did not contain a provision for crime victims to be notified about the potential release. However, according to HB229, a victim “shall have a right to be heard on any motion filed” before a judge considers an early release. A judge, the bill says, “shall give considerable weight to any objection made by the victim.”
“You have several ways to get out of prison,” England said. “Mandatory release or through being paroled, and this would have created a temporary window outside of those and would have created a more strenuous review process than all of them.” Janette Grantham, executive director of VOCAL, said there were no plans for a VOCAL amendment on the bill at any time.
Manley’s attorney, in seeking his client’s release from state prison last year, argued that the offenses would have been downgraded to a third-degree burglary today and would not be punishable under the Habitual Offender Act. In 2006, lawmakers changed the burglary law to exclude offenses that involve the “mere acquisition” of a firearm from the first-degree felony section of Alabama state law.
Manley, by all accounts, has also been a model prisoner. He works in the prison kitchen, is a barber and an accounting clerk. He earned an associate’s degree from Gadsden State Community College, and is deeply involved in prison ministry.
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