By Mike Cason
A large majority of respondents to an Alabama survey last month said they would support legislation to give people sentenced to life in prison for crimes that did not cause serious physical injury a chance for a new sentence, according to an organization that advocates for criminal justice reforms.
The Alabama Appleseed Center for Law and Justice reported the results of the survey of 600 Alabamians on Jan. 29-30 by the polling firm Cygnal.
A bill that would provide people who have been in prison at least 23 years and who meet other eligibility requirements a chance for a new sentence, HB 29 by Rep. Chris England, D-Tuscaloosa, is scheduled for consideration in the Alabama House Judiciary Committee on Wednesday. Alabama Appleseed supports the bill, which passed the House last year but not the Senate.
Under HB29, a person who received an enhanced sentence under Alabama’s Habitual Felony Offender Act before May 26, 2000, could file a petition for a new sentence to the court where they were convicted. Those convicted of homicide, a sex offense, or a crime that caused a serious physical injury would not be eligible.
The district attorney and the victim would be notified of the request for a new sentence and would have an opportunity to be heard in court.
The judge, in deciding whether to change the sentence, would consider the underlying offense, whether a firearm was used, the person’s age, conduct in prison, and the likelihood of success after leaving prison based on a re-entry plan.
Alabama Appleseed said the Cygnal poll showed that 88% of Alabama voters favor second chance legislation, with 86% of Alabama Republicans and 92% of Democrats in support of the idea.
“Data shows that older prisoners are the most expensive to incarcerate and the least likely to reoffend once released,” Alabama Appleseed Executive Director Carla Crowder said in a news release. “The Cygnal polling data validates that Alabamians want common sense and data driven solutions to the prison crisis and that keeping older prisoners behind bars does not improve public safety, draining our state of needed resources.”
In the news release, Alabama Appleseed included a statement from former U.S. Rep. Spencer Bachus, a Republican from Birmingham who represented Alabama’s 6th Congressional District from 1993 to 2015.
“When Alabamians understand exactly what the bill does and who it helps, they overwhelmingly support it,” Bachus said in response to the poll findings. “They believe in punishment and consequences but not outrageously unfair or unreasonable punishment.”
