Prisons and Sentencing Reform

The United States incarcerates more of its citizens than any other nation in the world. The increase in the jail and prison population from 200,000 to 2.3 million in the past 30 years has lead to unprecedented prison overcrowding and put tremendous strain on state budgets. “Tough on crime” policy has created a growing underclass of ex-prisoners who are barred from productively re-entering society by increasingly numerous and onerous restrictions on things like applying for a driver's license, adopting a child, voting, and receiving federal aid for education or food in many states.

Alabama’s prisons were built to hold 14,000 prisoners. Today, they hold 28,000. The state faces an overcrowing crisis created by the tremendous increase in the number of people sent to prison in the last 25 years.

Alabama spends only $26 a day per prisoner; the national average is $62. It spends the least of any state in the country on medical care for inmates. Alabama’s prisons have the highest inmate to correctional officer ratio in the county. Many have waiting lists for solitary confinement. Unsafe prison conditions have given rise to lawsuits in which courts have found that crowding in state and local facilities is “barbaric.”

Alabama inmates have been forced to sleep on concrete floors in facilities were the “sardine-can appearance of cell units more nearly resemble the holding units of slave ships during the Middle Passage of the eighteenth century than anything in the twenty-first century.”

Alabama also is home to some of the nation's harshest sex offender registration and residency restrictions. Alabama's Community Notification Act applies to everyone convicted of a sex offense, regardless of the nature of the offense. It bars people from living within 2000 feet of a college, school, or day care center. Many people have been left homeless or deprived of critical medical care because they cannot find homes that comply with the CNA. Indeed, people have been convicted of a felony offense and sentenced to 10 additional years in prison because they were unable to identify a CNA-compliant residential address prior to their release from prison.

News

Capital Murder Charges Dropped in Case of Mother Accused in Death of Newborn


Marsha Colby, pictured with two of her six children in 1997, prior to being falsely accused of killing her seventh child at birth.

Capital murder charges filed against Marsha Colby in the death of her infant son have been dismissed and the case resolved on reduced charges in light of new forensic evidence.

EJI Challenges Homelessness and Permanent Punishment Caused by Alabama's Community Notification Act

EJI is working to assist people who have been forced into homelessness, denied critical medical care, and subjected to permanent imprisonment as a result of Alabama's Community Notification Act.

EJI Wins New Trial for Mother Illegally Sentenced to Life Without Parole

On September 4, 2009, the Alabama Supreme Court reversed the conviction and sentence imposed on Marsha Colby, who was convicted of capital murder after giving birth to what doctors believe was a stillborn baby.

Alabama Leads Nation in Sentencing Black Kids to Life Imprisonment

A national study found that more prisoners today are serving life sentences across the country than ever before. Alabama ranks among the top three states for number of life sentences imposed and is the national leader in racially disproportionate sentencing of children to life in prison.

State of Alabama Pardons Former EJI Client Mack Kirby

On July 8, 2009, the Alabama Board of Pardons and Paroles issued a formal pardon for former prisoner Mack Kirby. The Board’s decision, which was unanimous, restores Mr. Kirby’s voting rights and ends his parole supervision.

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