PROSECUTORS LAMENT EARLY RELEASE OF DRUG OFFENDERS

Curtis Lamar Garrett, 33, pleaded guilty to one count of unlawful
distribution of a controlled substance, specifically crack cocaine, in
Talladega County Circuit Court in November 2003. Garrett and his wife,
Valerie, had been selling crack to an undercover informant from their
home. Circuit Judge Julian King accepted the plea, and sentenced
Garrett to 25 years in prison the following February. Unlawful
distribution of a controlled substance is normally a Class B felony,
punishable by two to 20 years in prison. Garrett, however, had two
prior convictions for distribution, and his home was within 3 miles of
a school. As a result, his 25-year sentence was the minimum possible
under Alabama's sentencing guidelines.

Nonetheless, the Talladega County District Attorney's Office was
notified that Garrett would be the subject of a hearing by the state
Board of Pardons and Paroles after he had been in prison for a total
of one month and two days. The hearing is set for April 13.

Although Garrett is in many ways an extreme example, he is by no means
unique. Alabama's prison system is, like many state agencies, under
tremendous financial strain. As a result, the old rules governing
eligibility for parole have been abandoned, and "non-violent" convicts
are being released while serving ever smaller fractions of their sentences.

According to Cynthia Dillard, assistant executive director of the
Board of Pardons and Paroles, the board has been setting special
parole hearing dockets since April 6, 2003. Since that time, 7,760
inmates have had hearings. Some 3,517, or just over 45 percent, have
been granted.

The state's two boards meet four days per week, handling about 30
cases each per day, she added. Hearings are set 30 days out, and
Dillard estimates there are at least 900 currently pending.

Of the pending cases, Dillard said information is not broken down by
county or conviction. But she did have some numbers for those
currently on parole or probation for The Daily Home's coverage area.

As of Wednesday, there were 341 probationers reporting in Talladega,
along with 96 parolees, and three individuals who are on both
probation and parole. Some 314 probationers report in Sylacauga, along
with 92 parolees.

In St. Clair County, 331 probationers and 30 parolees report in Pell
City, with one person on both. Ashville claims 146 probationers, 21
parolees and two on both.

The board's current mandate is essentially to hear cases on every
convict in the state serving time for what the Legislature has deemed
non-violent offenses.

The law lists a total of 45 crimes that are categorized as violent.
Everything else, including all drug offenses and thefts, are fair game.

Prosecutors say they are particularly upset over cases involving drug
dealers. Talladega County Chief Deputy District Attorney Barry Matson,
in a written response to the notice from the board that Garrett would
be considered for parole, wrote, "I am sure there is some memorandum
in your department that says people who sell drugs are not classified
as violent offenders. Whoever wrote that has never seen the
devastation that drugs leave in the lives of their victims. Garrett
was not someone out giving drugs away or sharing drugs to support a
habit. The investigation shows Garrett and his wife selling cocaine
out of their house. A drug dealer who sells drugs to a person and
either begins or perpetuates that cycle of addiction is no different
than the person who puts a gun to someone's head and pulls the trigger."

St. Clair County Assistant District Attorney Richard Minor concurred.
"They say distribution is a nonviolent offense, but so much of the
violent crime we see here revolves around the drug trade. And the
people these dealers are selling to are the same people who are
breaking into your house, stealing your TV set, stereo and PlayStation
so they can pawn them to buy more. I have written letters to the board
explaining that I understand the physical constraints of the
Department of Corrections, but the people of St. Clair County, and the
people of the state of Alabama, deserve better, and demand better."

Talladega County District Attorney Steve Giddens also agreed, saying
he and the state District Attorney's Association had met with Gov. Bob
Riley last week.

"We all expressed our concern about people convicted of distribution
being released so early. I know it's called non-violent, but it leads
to more crime. You may as well hand out loaded guns. I always write
that the people I was elected to represent are constantly saying to me
we want these drug dealers off our streets. And we do that. But how do
I explain to them that you (the board) are just putting them right
back out there? Most of these people have been in the system before.
We work to put them all away, and everybody's happy. Then we turn
around four months later, and they're out after having spent less time
in prison than our law enforcement agencies spent working to put them
there.

"The board's mandate right now allows them to do just about anything
they want to do," Giddens continued. "For a drug dealer, a few months
in prison is no more than the cost of doing business. It's not a
disincentive because there's no fear. We're giving people seven year
sentences, and they are serving less than a month."

Minor also cited examples from a laundry list of St. Clair inmates
coming up for parole after serving only the slightest fraction of the
sentences imposed on them by the court.

Among the most egregious was one subject serving 15 concurrently on 20
burglary and theft convictions in Etowah County and half a dozen more
from St. Clair. He will be considered for parole after two years and
four months.

Another Etowah/St. Clair convict is serving a total of 99 years, but
is being considered for parole after serving just over three. Another
St. Clair resident is serving concurrent 10 year sentences on
distribution of controlled substances, possession of marijuana in the
first degree, theft of property in the first degree and burglary in
the second degree. Notice of his parole hearing arrived after six
months and 29 days in prison.

Giddens had similar figures, including at least four people serving
between 99 and 104 years who will be considered after serving only
four years.

Parole guidelines have been a controversial topic in Alabama in the
past, but never to the extent that they are now. According to Dillard,
the previous guidelines, based on a complex formula devised by the
state Department of Corrections, made sure that a person serving a
sentence of 15 years or less for a Class B or C felony would serve
about one-third of their sentence. Those guidelines are now considered
irrelevant.

Officials say the high turnover under the new system is problematic in
several ways.

Minor pointed out that, in addition to straining prosecutors and law
enforcement, so many early releases stand to put a crippling strain on
local probation officers.

"They were overloaded to begin with, and now they are going to have to
deal with more people with the same number or less of staff to handle
the cases," he said.

Matson pointed out in his Garrett letter, for instance, that "the
state of Alabama, through the Alabama Department of Economic and
Commercial Affairs, has provided Talladega County with a grant to form
a Drug and Violent Crime Task Force. ... The state of Alabama has
recognized and supports our effort to stop people selling drugs in our
community. Every city in our county, as well as our county government,
has contributed funds and manpower to support this effort. These
officers work long hours under dangerous conditions. They are forced
to wear bulletproof vests and enter these drug environments under
dangerous circumstances. They risk their health and safety every day
to fight drugs in our community.

"In one breath," Matson continued, "our state tells us, 'Here is the
money, go fight drugs.' We do that. We catch someone who is a multiple
offender of selling crack, and he is convicted under the laws passed
by the state of Alabama. He is sentenced under the habitual offender
statute set by the state of Alabama. That sentence was 25 years. Yet
now I receive notification from your board that you are considering
him for early release. ... If you release Garrett to prey on our
community once again, then you are no different than (him) and you are
complicitous in his acts. You have a sentencing order from a judge
that sentenced Garrett to 25 years. I expect you to follow that order
and carry it out."