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Ala. Supreme Court Throws Out Prison Overcrowding Fines
By Associated Press
Published: 02/09/2004

State prisons chief Donal Campbell cannot be fined millions of dollars for his agency's practice of keeping state inmates in county jails too long, the Alabama Supreme Court ruled Jan. 30.
But the justices upheld a lower court's requirement that the state move inmates from county jails to state prisons within 30 days of their sentencing.
Department of Corrections spokesman Brian Corbett said the removal of the fines is important "because it saves the taxpayers money, and it allows this department to use what scant resources we have to address our ongoing issues, as opposed to paying fines."
Numerous counties filed suit against the Corrections Department in 1991, claiming their jails were woefully overcrowded because of inmates who should have been moved to state prisons. The parties agreed in 1998 to the 30-day time limit for removing these inmates after they were sentenced to state prison.
Three years later another backlog developed, and county government and then-Commissioner Mike Haley returned to court. Montgomery Circuit Judge William Shashy ruled the state wasn't holding up its end of the agreement, and he began fining Haley $26 per day for each inmate held in county jails longer than 30 days.
The total eventually surpassed $2 million. Campbell replaced Haley as the defendant in the lawsuit when Gov. Bob Riley named him prisons commissioner about a year ago.
In a 6-0 decision, the Supreme Court upheld the 30-day time limit but threw out the fines.
The court found that legal actions against state officers, like the fines against Haley, amount to an action against the state itself. Lawsuits against the state, as well as against state officers acting in their official duties, are prohibited by the Alabama Constitution.


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