There are over 200 people in Alabama who have been sentenced to die in prison for crimes where no one was physically harmed.
Many of these people are over the age of 60 and were sentenced in the 1980s and 1990s– they’re also the most expensive to incarcerate and the least likely to reoffend. These individuals were thrown away at young ages, have served decades in Alabama’s unconstitutional prisons, and have embraced rehabilitation. Their sentences are no longer fair or necessary.
These Alabamians deserve a second chance and a fresh start. With your help, we can make sure they get one.
Older prisoners are the most expensive to incarcerate and the least likely to reoffend once released.
Incarcerating them until death makes no sense. Yet outdated laws have resulted in nearly 7,000 people over age 50 packed into Alabama’s overcrowded, understaffed prisons. Many are serving life sentences for crimes from decades ago with no physical injury. Alabama’s laws keep people behind bars long after they’ve aged out of criminality. These sentences are no longer necessary or fair. And these antiquated laws are failing to deter violence in our communities.
The Second Chance bill gives judges the opportunity to reduce sentences on a case-by-case basis.
The bill does not guarantee anyone will get out early, but provides a fighting chance if the original sentence is found to no longer be fair or necessary for public safety. If it were to pass:
Judges will be able to review old cases of individuals who were sentenced to life without parole under the Habitual Felony Offender Act for crimes that involved no physical injury (non-homicide, non-sex crimes).
An estimated 200 individuals, most over the age of 60, could potentially be resentenced and spend their remaining years free, with their families and loved ones, and become successful contributing members of their communities.
How the bill would work
To be eligible for judicial review, the individual must have been sentenced prior to May 26, 2000, meaning anyone eligible will have served at least 24 years. As part of the review process, the victim, District Attorney, and local law enforcement must be notified. Additionally, the victim and DA have a right to be heard at a hearing, and the judge must give weighted consideration to that victim’s statement as well as whether or not a firearm was used in the commission of the crime. The judge will also consider all relevant research regarding current age and age at the time of the offense, behavioral record while incarcerated, and relevant material, such as reports from correctional officers and program certificates earned while incarcerated. There would be no mandatory releases as a result of this bill, only an opportunity for older prisoners to demonstrate that they are rehabilitated and that additional punishment is not warranted.
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