The County Line - Legislative Preview 2000

Long-Term Solution Sought for Jail Delima

Years ago the basketball team at the university I was attending staged an impossible come-from-behind victory. Trailing by more than 25 points at halftime, the game was won with a buzzer-beating shot as the final seconds ticked away.

Following the game, a developing young reporter for the student newspaper asked the coach exactly what words he used to encourage his team during halftime. "I told the players, It took us an entire half to get this far behind, let's use the entire half to catch up," the coach said in explaining his approach to such a dire situation.

In the years that have followed, we've remembered that wise advice on a number of occasions, in both personal and professional life. But perhaps never have the words rang any more truly than when evaluating the crisis with prisoner overcrowding that now faces Alabama county and state government.

It has taken us a long time to reach this crisis situation, and chances are that it will take us a long time to reach any resolution. But for county officials who are struggling to pay the bills back home, there is some consolation in the fact that the wheels are finally in motion to get us started on the comeback trail.

Most county officials are aware that the issue of state prisoners languishing in county jails reached such a level that in the early 1990's several counties entered a class-action lawsuit against the Alabama Department of Corrections. The result of the suit was an order requiring the department to remove each state prisoner within 30 days of his or her sentencing order being provided to the department.

Compliance with that order was solid, at first. But conditions warranted a return to court in the mid 1990's. To resolve that crisis, an agreement was signed by the department, the counties and Alabama's attorney general, Bill Pryor. The agreement again called for the prisoners' removal within 30 days and required the department to report weekly its compliance -- or lack there of -- with the agreement.

Again compliance with the order was very commendable, for a time. But them things slipped to a dramatically low point, with more than 2,000 state inmates in violation of the court order in December of 2000. Those of you who attended the ACCA Legislative Conference in Birmingham know that it was difficult to escape talk of jail overcrowding. It was on everyone's mind.

Then late in the 2000-year, four judges in Houston County and one judge in Tallapoosa County issued orders requiring the respective sheriffs to transport the state prisoners from the county jail to the custody of the Alabama Department of Corrections. The orders further directed the sheriffs to "secure" the prisoners to the jail property, if necessary.

A drastic move, but one that was certainly justified under the circumstances. The judges felt they had not choice.

When Gov. Don Siegelman became aware of this situation, he acted quickly, directing his prison commissioner to receive some 1,000 state inmates within a five-week period. This move, which is unprecedented, will provide relief -- but only short-term relief. As we have learned from the past, the problem will return.

But at least the come-from-behind process has finally started. We now have a governor who has expressed his commitment to a long-term solution. And, we have a legislative leadership that we believe will be reception to resolving this crisis. I know the local elected officials are committed to a solution that will work for BOTH the counties and the state.

There are more county jails under construction and in the planning stages today than at any time in the last two decades. Unpopular new taxes are being levied on local citizens in order to pay for jail construction. Jail employees are being pushed to the limit, facing unhappy inmates forced to live in close quarters in overcrowded jails. And the situation appears to only be getting worse.

Every year during the legislative session, dozens of tough crime bills are introduced and moved through the legislative process with little thought about the impact such legislation will have on the corrections system. There is certainly a price for getting tough on crime, and our state and the counties are beginning to pay that price.

The long-term solution will involve changes in the corrections system, alterations to our sentencing laws and new approaches to incarceration. And that is just a list of ideas off the top of one's head. Certainly a workable solution will entail even more changes.

But, just like that old basketball coach realized the uphill battle he faced that cold January night was one requiring a full 20 minutes of basketball wizardry, everyone involved in the jail reform effort needs to realize a permanent solution will be found only if a similar amount of wizardry -- and wisdom -- is displayed by all concerned.