During a session with the Alabama Commission on Re-Entry, a Mountain Brook municipal judge highlighted the possibility of individuals being confronted with local cases they hadn’t anticipated upon their release from prison.
K.C. Hairston, the vice president of the Alabama Municipal Judges Association, emphasized the importance of addressing the legal issues individuals face upon re-entry. He highlighted that municipal court cases can hinder individuals from successfully reintegrating into society after their release. Hairston noted that individuals who are seeking a fresh start may find themselves caught up in the legal system once again if these cases are not properly addressed.
Hairston presented a comparison to the committee members between individuals who are about to be released and have support in handling their pending cases and any potential penalties, and those who are unaware of additional cases in municipal court stemming from past actions. These individuals may have either forgotten about these cases or failed to resolve them.
According to Hairston, many individuals who are released from prison fail to take care of their responsibilities, which may have been the reason for their incarceration in the first place. These individuals neglect important matters, resulting in new failure to appear notices and suspended driver’s licenses. Consequently, when they are pulled over by law enforcement, they end up back in jail due to the outstanding warrants.
Having a stable job is a crucial factor in reducing recidivism rates, as research suggests that individuals are less likely to reoffend when they have consistent employment. However, pending cases in municipal court can hinder this process.
According to him, the never-ending process in these municipal courts can pose a problem for individuals seeking employment. Neglecting one’s municipal court responsibilities can also have negative consequences for job prospects.
According to Hairston, he has been receiving letters from individuals who are currently serving longer sentences in state prison. These individuals are requesting that their punishments for municipal court violations be served concurrently.
He expressed his approach to such requests, saying, “I grant every single one of them. I have never turned down a single request. That’s how we operate.”
Hairston urged officials to create a system that combines municipal court infractions with the existing data in the Alabama Department of Corrections’ incarcerated individual database.
Hairston pondered on the possibility of implementing a formal process where individuals don’t start contemplating their future only when they are about to be released from prison. He proposed the idea of establishing a system during their time of incarceration, where a structured form is completed and distributed to all municipal courts, allowing for the granting of necessary privileges.
According to Hairston, the municipal courts have the authority to deny the request for release to certain individuals, particularly those involved in violent incidents. However, they may still consider granting the request for release for individuals facing other charges.
During the previous month’s Commission meeting, Hairston expressed concerns about the lack of integration when it comes to information about criminal offenses at the municipal and county level.
Cam Ward, the director of the Alabama Bureau of Pardons and Paroles and chair of the Reentry Commission, emphasized that there is no one to blame for the current situation. He stated, “There is no bad guy here; it is simply a reflection of the government system we are in.”
According to Ward, data is only being reported by half of the law enforcement agencies, which includes courts, prosecutors, cities, and counties.
Ward stated that public policy is being made based on only around 56% of the reported data.
In 2022, Sen. Arthur Orr, a representative from Decatur, sponsored SB 203, a bill that mandates municipal courts to submit their records, including fines and fees, to the state’s Administrative Office of the Courts.
According to Jerome Dees, policy director with the Southern Poverty Law Center and a member of the Reentry Commission, these sessions align perfectly with the intended purpose of the legislation.
The intention behind it was to assist in resolving pretrial matters and enhancing transparency in court cases across all levels of the judicial system.
The bill marks the starting point, but there is still more work to be done. Agencies and associations need to collaborate and merge the data into a unified system, aiming to ultimately streamline the process of resolving criminal charges for all individuals incarcerated in state prisons.
According to Hairston, the driver’s license hold-up often occurs in municipal courts. He suggests that resolving the municipal court cases would result in the issuance of clearance letters and a new driver’s license for individuals.
