Pubdate: Mon, 15 Jul 2002
Source: Birmingham News, The (AL)
Copyright: 2002 The Birmingham News
Contact:  http://www.al.com/birminghamnews/today/
Details: http://www.mapinc.org/media/45
Author: Stan Bailey, News staff writer
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

PLAN TO EASE JAIL CROWDING STALLED

MONTGOMERY -- The definition of a "violent" criminal has stalled a plan 
designed to ease crowding in Alabama prisons.

State Prison Commissioner Mike Haley's plan to identify non-violent 
habitual offenders for possible early release from prison doesn't define 
the term "violent" and requires more work, the head of a sentencing panel said.

Joseph H. Colquitt, chairman of the Alabama Sentencing Commission, a panel 
studying the state's sentencing practices, wrote Haley on July 1 that the 
panel needs more facts, including Haley's definition of violent, to 
properly evaluate a proposal Haley presented to the panel a month earlier.

Ted Hosp, Gov. Don Siegelman's legal adviser, said there is no definition 
of violent in state law or court cases. What is considered violent depends 
on circumstances, he said.

Haley said he decided not to make public a list of the crimes he considers 
violent because the list was incomplete.

"The proposed procedure and screening instrument were presented as a 
beginning point for discussion to make any necessary refinements, not as a 
final recommendation," Haley said.

Siegelman told Haley in an executive order last September to come up with a 
procedure for selecting non-violent habitual offenders to be considered by 
trial courts for shorter sentences under recent amendments to the state's 
habitual offender law.

Those granted shorter sentences would qualify under the Parole Board's 
rules for earlier parole consideration, which would free up prison beds. 
Haley's plan called for the convicted habitual offender seeking a review of 
his sentence to file a request with the court, which in turn would ask 
prison officials to say whether the offender was violent or eligible for 
review.

Under the provisions of state law, inmates convicted of certain violent 
crimes would be declared ineligible for the review. But others would be 
considered for release by prison officials on a risk-assessment form, using 
a point system and factors such as the inmate's juvenile or prior parole 
record.

The fewer points, the better the chance an inmate would have of being 
released. Colquitt said members of the Sentencing Commission considered 
Haley's plan at a June 28 meeting and expressed several concerns about it.

"It was the commission's opinion that no recommendations could be made 
regarding the proposed procedure until the members have been provided the 
proposed definition of 'violent offender/offense,'" Colquitt wrote Haley on 
July 1.

Other members, Colquitt said, expressed concern that victim advocates and 
prosecutors hadn't been given enough input into developing the plan. "The 
commission requests your further assistance in providing a definition of 
'violent offense/offender' and responding to the concerns that are 
mentioned above," Colquitt wrote.

Haley said last week he disagrees with Colquitt's letter and believes he 
had ample input from Victims of Crime and Leniency and from the state 
Office of Prosecution Services.

Haley, also a member of the Sentencing Commission, was absent during the 
discussion, but said he expects to defend his plan at a subsequent meeting 
of the commission.
- ---
MAP posted-by: Jackl