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| Ala. Prison Official Tells Judge He Can't Pay Crowding Fines |
| By Birmingham News |
| Published: 12/13/2002 |
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Prison Commissioner Mike Haley told a Montgomery judge Tuesday that he has no authority to pay the millions of dollars in fines imposed on the prison system last week for failing to remove state convicts from Alabama's crowded county jails. Lawyers for Haley told Montgomery County Circuit Judge William Shashy that Haley can't spend money from the prison budget, which is approved by the Legislature, 'except as outlined in the approved budget.' The budget includes no money for fines. 'Therefore defendant Haley would respectfully assert that he is legally unable to comply with that portion of this court's order,' Haley's lawyers told Shashy. Haley imposed $2.16 million in contempt fines on the prison system June 14. Friday, he imposed new fines of $50 per day for each state convict left in county jails more than 30 days, starting Aug. 13. Shashy said he wants $26 of the new daily fines paid directly to Alabama counties and the remaining $24 paid to the clerk of the Montgomery County Circuit Court. The judge said he will use that money to carry out steps Haley and Gov. Don Siegelman promised to take to eliminate the backlog of more than 1,600 state convicts in county jails. Shashy also told Haley to report on what happened to $2.14 million from a prison land sale in Atmore. Haley and Siegelman have said they would spend that money to ease the jail backlog. Haley told Shashy on Tuesday that the money is being held in 'a subaccount of the General Fund of the state of Alabama' for use by the Department of Corrections. Buddy Sharpless, executive director of the Association of County Commissions of Alabama, said counties will ask Shashy or the state comptroller for the money if the state doesn't pay the fines or appeal Shashy's order. Meanwhile, county sheriffs this week have brought several loads of state convicts from their jails to the prison system's intake point at Kilby prison. Haley filed an emergency request last week to block county officials from bringing inmates. Brian Corbett, information officer for the prison system, said officials from five counties brought in 163 convicts in the past two days 73 from Calhoun, 57 from Houston, 30 from Jefferson, two from Morgan and one from Franklin. More are expected today. |
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