During the Alabama Commission on Re-Entry meeting, a Mountain Brook municipal judge emphasized the possibility of individuals being faced with local cases that they may not have anticipated upon their release from prison.
K.C. Hairston, the vice president of the Alabama Municipal Judges Association, emphasized the importance of addressing the issue of re-entry and municipal court cases. He expressed concern that individuals who are re-entering society may face obstacles if they have unresolved cases in municipal courts. Hairston stated, “When they come out, if they have got these cases throughout municipal courts, it can trip them up. They are trying to get a fresh start, but now they are right back into this system.”
Hairston, during his presentation to committee members, made a comparison between individuals who are about to be released and have support in dealing with their pending cases and potential penalties, and those who are unaware of additional cases in municipal court that stem from past behavior. The latter group may have 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 initial incarceration. This lack of responsibility often leads to new failure to appear notices and suspended driver’s licenses. As a result, these individuals find themselves back in jail after being pulled over by law enforcement.
Having a steady job is crucial in reducing recidivism rates, as it has been proven that individuals are less likely to re-offend when they are gainfully employed. However, pending municipal court cases can hinder this process.
“In these municipal courts, the never-ending legal proceedings can pose a problem for individuals seeking employment,” he expressed. “Furthermore, neglecting to address one’s municipal court obligations can have adverse effects on job prospects.”
According to Hairston, he has been receiving letters from individuals who are serving longer sentences in state prison. These individuals are requesting that their punishments for municipal court violations be served at the same time as their current sentences.
He stated, “I grant every one of those requests. I have never turned down one of them. That is what we are witnessing.”
Hairston urged officials to create a system that combines municipal court violations with the existing data in the Alabama Department of Corrections database for incarcerated individuals.
Hairston expressed his idea of formalizing a process that would address the issue of individuals only considering their future after leaving prison. He proposed the concept of implementing a structured system during their time served, where individuals can fill out a form that would be distributed to all municipal courts, ultimately granting them the necessary support and resources.
According to Hairston, not all individuals about to be released will have their requests granted by the municipal courts. While charges related to violent incidents may not be considered, other charges would be taken into account.
During the previous month’s Commission meeting, Hairston discussed the issue of insufficient integration of information regarding criminal offenses at both the municipal and county levels.
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 situation. He stated, “There is no bad guy here; it is simply a reflection of the current government system we operate within.”
According to Ward, data is only being reported by half of the law enforcement agencies, including courts, prosecutors, cities, and counties.
According to Ward, our public policy is based on only 56% of the reported data.
In 2022, Sen. Arthur Orr sponsored SB 203, which mandates that municipal courts must submit their records, including fines and fees, to the state’s Administrative Office of the Courts.
Jerome Dees, policy director with the Southern Poverty Law Center and a member of the Reentry Commission, expressed that the current sessions align perfectly with the original intent of the legislation.
The main objective of this initiative was to assist in resolving pretrial matters more efficiently and to promote transparency throughout all levels of the court system.
The bill marks the starting point, but there is still more work to be done. Agencies and associations need to collaborate to consolidate the information into a unified system. This effort aims to eventually streamline the resolution of criminal charges for all individuals serving time in state prisons.
Hairston explained that often the driver’s license hold-up occurs in municipal courts. By resolving the municipal court cases, individuals receive clearance letters and a fresh driver’s license, all bundled together in a comprehensive packet upon completion.
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