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| Ala. Supreme Court hears arguments in prison overcrowding case |
| By Associated Press |
| Published: 10/08/2003 |
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The Alabama prison system should not be fined for failing to comply with a court order to remove inmates from county jails when the Legislature did not adequately fund the system, a state attorney told the Alabama Supreme Court on Tuesday. But a lawyer for county sheriff's told the justices that such fines give state officials an incentive to comply with court orders. The arguments were made as the Supreme Court considered whether Montgomery County Circuit Court Judge William Shashy could fine state officials $26 a day per inmate for failing to remove state inmates from county jails within 30 days of their sentencing to state prison. The state has run up millions of dollars in unpaid fines since Shashy last year imposed the fine. Deputy Attorney General Scott Rouse told Supreme Court justices that the Legislature has not given the prison system enough money to deal with the issue. Rouse also argued that it is a violation of the doctrine of separation of powers for a state court, a part of the judicial branch, to fine the prison commissioner, a part of the executive branch. Rouse told the justices that the state is now in compliance with Shashy's order because of the recent transfer of nearly 2,000 inmates to private prisons in Mississippi and Louisiana. Last December, about 1,700 inmates were in county jails beyond the 30-day time limit. Prison officials say the number was reduced to zero with the transfers as well as an increase in paroles through special dockets and other initiatives. Kendrick Webb, an attorney for Alabama's sheriffs, told justices the fear of fines gives state officials an incentive to remain in compliance. The justices questioned both attorneys about overcrowded conditions in county jails and state prisons. |
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