Pardons, posthumous pardons persons convicted of a Class A or B felony, to further provide for pardons after death, to delete requirement of granting based on racial discrimination, Sec. 15-22-113 am'd.
Impact
The passage of HB 104 would signify a significant step in the realm of criminal justice reform within Alabama. It would not only allow for the consideration of pardons for those who have passed away but also address historical wrongs associated with racial injustices in the penal system. By enabling family members to petition for a pardon posthumously, the state acknowledges the ongoing impact of historical felonies on families and communities. The bill mandates a formal review process, including a hearing to discuss the merits of each petition, thus allowing for public discourse around these sensitive issues.
Summary
House Bill 104 aims to amend Section 15-22-113 of the Code of Alabama 1975 to establish conditions under which a deceased person convicted of a Class A or Class B felony can qualify for a posthumous pardon. The bill specifies that such a pardon may be granted if the circumstances surrounding the felony conviction reflect a compelling reason related to remedies for social injustice, particularly those tied to racial discrimination. Additionally, it eliminates previous requirements for the pardon based solely on racial discrimination, creating a broader framework for eligibility based on documented compelling reasons.
Sentiment
The sentiment surrounding HB 104 appears largely supportive among legislators, with unanimous votes confirming its passage in relevant committees. Proponents argue that it represents a much-needed shift towards redeeming the reputations of individuals who were wronged by systemic injustices, while critics, though less vocal in this instance, might express concerns regarding the potential for misuse or the subjective nature of determining what constitutes a 'compelling reason' for a pardon. Generally, there seems to be a consensus on the importance of addressing racial injustices in the justice system.
Contention
While the bill has garnered support, notable points of contention may arise around the interpretation of what constitutes 'social injustice' and who qualifies for a posthumous pardon. Critics may question the effectiveness of the proposed measures in genuinely addressing the historical context of racial discrimination or whether the board has the appropriate discretion and transparency in its decision-making processes. Stakeholders may also engage in debates over the potential implications for descendants of those pardoned and the perceived message it sends regarding accountability within the justice system.
Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided
Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided
Pardons and Paroles Board; increase members on board; further provide for selection of chair; parole consideration guidelines after denial of parole established
Pardons and Paroles, requirements for release on parole further provided for, apply for appellate relief when parole denied in certain circumstances, require medical parole hearing held within a certain time frame, allow an inmate released on medical furlough place of residence