STATE: FEW PRISONERS ELIGIBLE FOR PAROLE

Sentencing Commission Cites 19 Inmates As Eligible, A Far Cry From The
Thousands That An Independent Consultant Had Said Could Be Freed At Low Risk

Months after an independent consultant suggested Alabama's prisons have
thousands of low-risk inmates who are eligible for parole, the state's
Sentencing Commission has released a study concluding the actual number is
close to zero.

James Austin, of the Washington-based JFA Institute, presented his findings
to Gov. Bob Riley's Cabinet in January. Looking at data from the Department
of Corrections in October, he found 11,785 prisoners had passed their
initial parole eligibility dates.

Austin used a risk-assessment system taking into account several factors
that increase the likelihood of an inmate committing a new crime, including
education level, offense, age and other factors. Using that model, Austin
determined that 2,843 had a low risk of returning to prison. He classified
another 3,738 as "moderate risk."

Representatives of the Alabama Sentencing Commission and the Board of
Pardons and Paroles challenged those figures.

The Sentencing Commission attempted to replicate Austin's figures and
concluded that all but a handful of the inmates Austin studied either
already have been released, were denied parole or were ineligible for one
reason or another.

"The point is, they've already been reviewed by the board," said Lynda
Flynt, the executive director of the Sentencing Commission. "The pool is
dwindling."

The number of parole-worthy prisoners in Alabama is more than an academic
issue for a corrections system that is one of the most overcrowded in the
country. To deal with that overcrowding, Gov. Bob Riley two years ago set
up a special docket of nonviolent inmates to be considered for special parole.

The parole board released more than 4,100 of those prisoners before
exhausting the special docket. The governor ordered that inmates whose
paroles were rejected would not get hearings until their next regularly
scheduled consideration date.

As a result, Alabama's prison population has begun to climb after dipping
for several months. Brian Corbett, a spokesman for the Department of
Corrections, said the total prison population -- including prisoners
awaiting transfer from county jails and those being held in private prisons
out of state -- stood at 27,384 on Friday. In March 2004, it was 26,465.

After eliminating prisoners serving time for violent offenses or who have
convictions for violent crimes on their records, the Sentencing Commission
found in its examination of the prison system's October data that a maximum
of 2,967 inmates could be eligible for parole. Commission staff further
broke down that number as follows:

839 have been released.

909 were considered for parole but denied.

294 were being considered.

155 are sentenced to community corrections programs and are ineligible for
parole.

613 are serving split sentences, in which they served a specific prison
term followed by probation, and also are not eligible.

16 waived parole because they were close to ending their sentences, which
would allow them to go free without the restrictions parole imposes.

122 had parole or probation revoked or reinstated, escaped, were ordered to
complete a drug treatment program before they could be considered for early
release or otherwise were ineligible.

That leaves 19 prisoners from the October data who were eligible for parole.

Cynthia Dillard, assistant executive director of the parole board, said the
board failed to schedule hearings for those 19 due to misfilings or other
clerical errors. She said the board has begun screening those inmates.

Dillard said Austin's estimation that the state has 11,785 inmates whose
initial parole eligibility dates have passed is misleading. She said it
suggests the parole board has refused to hold hearings for inmates who
qualify for early release. In fact, she added, that includes many prisoners
whose parole bids were considered but rejected.

"That figure was the most bogus one that we heard," she said.

Austin said he asked the Department of Corrections for the number of
prisoners whose parole-eligibility dates had passed. He said that should
have excluded inmates who were not eligible for parole.

Corbett said he was unfamiliar with Austin's study or what information the
department provided him.

"I would have to side with the parole board and the Sentencing Commission,"
he said, noting they have more day-to-day experience with Alabama.

Austin said the Sentencing Commission's figures prove his point. The fact
that the parole board ultimately granted early release to 839 inmates shows
the board agreed they were low-risk prisoners. He said some of 909
prisoners whose paroles were rejected also might be low risks. The same
goes for some of the inmates who have been given parole hearing dates or
who are being screened for such consideration, he said.

Alabama could cut its prison population simply by giving more timely
hearings to inmates, Austin said. He said Maryland recently began giving
parole hearings to inmates before they were eligible so that those deemed
worthy can leave the day they become eligible.

"Each month, (Alabama prisons have) got this population of low-risk inmates
who should have been released," he said. "I think the numbers still stand
up pretty good, even by their figures."

Austin said it also is foolish not to parole some violent inmates, who
actually have a smaller chance of returning to prison than other prisoners.

Dillard said the board has a backlog of about a year -- affecting anywhere
from 2,600 to 3,600 inmates -- because of a law that requires the parole
board to notify victims of violent crime of hearings. It is difficult and
time-consuming to track victims down, she said.

"There's some murderers who would be a good risk, but that still doesn't
change the fact that we have to notify the victims," she said.