PANEL FAVORS RELAXED HABITUAL OFFENDER LAW

MONTGOMERY-After Diana Summerford of Warrior talked about her son's
life-without-parole prison sentence for three drug-related, non-violent
crimes, a legislative panel decided Wednesday he should get another chance.

The House Judiciary Committee approved a bill sponsored by Rep. Demetrius
Newton, D-Birmingham, that would allow judges to reconsider and change
sentences handed out to habitual offenders.

Alabama's habitual offender law specifies mandatory minimum sentences, in
some cases life without parole, for repeat felony convictions.

The committee vote put the bill in line for possible debate by the full House.

Newton told the panel that changing the law is politically unpopular. He
said the state is wasting money "warehousing" non-violent offenders
identified in his bill as those convicted of anything other than murder,
rape, sexual sodomy, sexual torture, sodomy, arson or assault, particularly
those who have no chance of ever being released.

Summerford told the panel that her son, Jimmy, has been in prison three
years serving a life-without parole sentence as a habitual offender. She
said he was a drug addict who "stole to support an insatiable habit, mostly
from his own family, but also others too."

"here was never any violence, any threat, and all thefts from unoccupied
dwellings,"she said.

"ince he had several encounters with our legal system, all drug related,
the only rehabilitation my son was offered was life without the possibility
of parole."

Summerford said Jefferson County Circuit Judge James Hard did not want to
send him to prison with no chance of release, but he had no choice.

"Yes, he deserved some time, but not the rest of his life, especially when
his accomplice in his thefts had a longer rap sheet and with his parents'
money afforded an excellent attorney for his cause," Summerford said. He
was sentenced to three five-year splits, did most of his time in work
release, spent less than two years on his sentence and has been free for
over a year and a half."

Newton said corrections officials have told him there could be more than
2,500 inmates convicted for non-violent crimes serving life-without-parole
sentences.

Rep. Howard Sanderford, R-Huntsville, asked Newton if the reviews might be
too much additional work for trial judges.

Newton said judges have plenty of clerks and aides to help them. He also
said he sponsored the bill last year that gave the jurists pay raises
ranging up to 40 percent.

"Let them earn their pay," Newton said.