MONTGOMERY, AL - The Alabama Department of Corrections has until June 20 to move hundreds of state prisoners out of county jails or face a contempt of court sanction from Montgomery Circuit Court Judge William Shashy.
Shashy, hearing from attorneys representing both sides Friday, was miffed about what he called “personal attacks” by DOC Commissioner Richard Allen against the judge.
In court documents, Allen characterized Shashy's deadline for removing 585 state prisoners from county jails “draconian.” The judge was also mad at Allen for saying publicly that the order put people at risk.
“You tell Mr. Allen. ... he owes this court an apology,” Shashy told DOC attorneys Friday.
Alabama law allows state inmates to remain in county custody for up to 30 days. Overcrowding at DOC has kept the department from keeping up with its obligation to take inmates out of county hands, prompting Shashy to give DOC a deadline of Sept. 5 to remove 585 inmates from county jails who aren't supposed to be there.
At DOC's request, Shashy removed the deadline pending a June 20 hearing because of reports that the department would have 600 beds at a private prison beginning June 1 and 280 more beds in Montgomery County by turning a work release center into a medium security prison.
“We don't have a problem if you're moving these people like you say you are,” Shashy said.
If the backlog isn't down by June 20, Allen could face jail time for contempt of court.
“That's all this court has left,” said Shashy, noting that he can't fine DOC for failing to comply.
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