SB322ENROLLED
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SB322
7F97EEV-2
By Senator Chambliss
RFD: County and Municipal Government
First Read: 11-Apr-24
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First Read: 11-Apr-24
Enrolled, An Act,
Relating to the Department of Corrections; to amend
Sections 14-1-1.5 and 14-1-4, Code of Alabama 1975, to rename
the position of Deputy Commissioner for Prisoner
Rehabilitation; to increase the number of deputy commissioners
that may be appointed; to add Section 14-1-1.7 to the Code of
Alabama 1975, to provide that the Commissioner of the
Department of Corrections may appoint exempt employees
necessary to carry out the operations of the department and
for constituent services; and to amend Section 29-2-20, Code
of Alabama 1975, to further provide for the responsibilities
of the Joint Prison Oversight Committee; and to require the
Department of Examiners of Public Accounts, in consultation
with the Joint Prison Oversight Committee, to employ an
individual to assist the committee in its operations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 14-1-1.5 and 14-1-4, Code of
Alabama 1975, are amended to read as follows:
"§14-1-1.5
(a) The commissioner may appoint no more than three
five deputy commissioners, who shall serve at his or her
pleasure, and the commissioner shall define their duties. The
deputy commissioners shall be individuals of good character,
with good business, educational, or administrative experience,
shall have no financial interest in any partnership,
corporation, or association with which the department has any
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corporation, or association with which the department has any
financial dealings, shall devote their full time to their
official position, and shall have no other lucrative position
while employed. Their salaries shall be set by the
commissioner, but shall not exceed the salary paid the
commissioner.
(b) One deputy commissioner shall be known as the
Deputy Commissioner for Prisoner Inmate Rehabilitation. The
Deputy Commissioner for Prisoner Inmate Rehabilitation shall
be responsible for the development, implementation, and
improvement of programs designed to reduce recidivism."
"§14-1-4
(a) The department may appoint officers and employees
as it may require for the performance of its duties and shall
fix and determine their qualifications, duties, and authority.
The employees of the department, except the Commissioner of
Corrections and commissioner, the deputy commissioners of
corrections, not to exceed three , appointed administrators,
and other exempt positions allowed by law shall be subject to
the law with respect to the method, selection, classification,
and compensation of state employees on a basis of merit.
(b) The Department of Corrections department shall not
rescind any employee position with the classification of
"correctional officer" and replace them with an employee of a
lower classification or pay.
(c) The rules and regulations of the State Personnel
Department shall not be applicable to the appointment, tenure,
or compensation of physicians, surgeons, psychiatrists,
psychologists, dentists, or allied professional supportive
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psychologists, dentists, or allied professional supportive
personnel employed by the department.
(d) The deputy commissioners and all other appointed
personnel shall serve at the pleasure of the Commissioner of
the Department of Corrections commissioner."
Section 2. Section 14-1-1.7 is added to the Code of
Alabama 1975, to read as follows:
(a)(1) The Commissioner of the Department of
Corrections may appoint administrators to carry out the
operations and management of correctional facilities,
including facilities defined in Section 14-2-1, who: (i) shall
serve at his or her pleasure; (ii) shall be deemed exempt
employees under Section 36-26-10; and (iii) shall not be
required to be certified as either a corrections officer or a
law enforcement officer by the Alabama Peace Officers'
Standards and Training Commission.
(2) The commissioner, as the appointing authority,
shall establish the positions, set the qualification
requirements, define duties and personnel policies, and set
salaries not to exceed the salary of the commissioner.
(b)(1) By March 1, 2025, the commissioner may appoint
15 employees for constituent services, who: (i) shall serve at
his or her pleasure; (ii) shall be deemed exempt employees
under Section 36-26-10; and (iii) shall not be required to be
certified as either a corrections officer or a law enforcement
officer by the Alabama Peace Officers' Standards and Training
Commission.
(2) One employee shall oversee departmental constituent
services and shall serve as a liaison to the Joint Prison
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services and shall serve as a liaison to the Joint Prison
Oversight Committee, created by Section 29-2-20, for the
purposes of studying and addressing services provided by the
department to constituents and the families of inmates and
victims.
(3) The other 14 employees shall oversee constituent
services for all department facilities.
(4) The commissioner, as the appointing authority,
shall consider information from the Joint Prison Oversight
Committee, created pursuant to Section 29-2-20, in
establishing qualification requirements and duties of the
employees. The commissioner shall also set salaries not to
exceed the salary of the commissioner.
(5) At a minimum, employees appointed in constituent
services shall:
a. Create a standardized form to be used by the
department for inquiries and complaints received by
constituents and families of incarcerated individuals and
victims. The form shall contain a central physical address and
email address to be used for submittal of the form;
b. Provide the electronic form on the department's
website;
c. Review inquiries and complaints received by the
department via the electronic form. Every inquiry and
complaint form shall be assigned to a constituent services
employee and shall be provided to the Joint Prison Oversight
Committee's liaison; and
d. Respond to every inquiry and complaint form,
following the department's procedures, and provide the
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following the department's procedures, and provide the
responses to the Joint Prison Oversight Committee's liaison.
Section 3. Section 29-2-20, Code of Alabama 1975, is
amended to read as follows:
"§29-2-20
(a) A permanent legislative committee, to be known as
the Joint Legislative Prison Oversight Committee, which shall
be composed of eight members, two of whom shall be ex officio
members and six of whom shall be appointed members, three each
to be appointed by the President of the Senate and Speaker of
the House, who shall both serve as the ex officio members,
shall be formed to examine all aspects of the operations of
the Department of Corrections. The chair of the committee
shall be selected by and from among the membership.
(b) The committee shall examine Alabama's present and
long term prison long-term correctional needs and they . Upon
request of the chair, or by a majority vote of the members,
the committee shall file reports of their report its findings
and recommendations to the Legislature not later than the
fifteenth legislative day of each regular session .
(c) The committee shall study and address mental health
issues for prisoners inmates reentering the community after a
term of imprisonment in order to streamline the sharing of
critical mental health information and in order to address
barriers to accessing mental health treatment for
prisonersinmates. The Upon request of the chair, or by a
majority vote of the members, the committee shall report the
its findings to the Legislature not later than the fifteenth
legislative day of each regular session, and shall work in
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legislative day of each regular session, and shall work in
conjunction with all of the following in studying and
addressing the issues:
(1) Department of Corrections.
(2) Board of Pardons and Paroles.
(3) Department of Mental Health.
(4) Administrative Office of Courts.
(5) Office of Prosecution Services.
(6) Office of the Attorney General.
(7) Alabama State Law Enforcement Agency.
(8) Association of County Commissions of Alabama.
(9) Alabama Probate Judges Association.
(10) Alabama Sheriffs ' Association.
(11) Alabama Criminal Defense Lawyers Association.
(12) Alabama Circuit Judges' Association.
(13) Department of Public Health.
(14) Office of the Governor.
(15) Alabama District Attorneys Association.
(16) Alabama Drug Abuse Task Force.
(17) Alabama Department of Senior Services.
(17)(18) Any other advocacy groups as determined by the
committee.
(d) The committee shall study and address issues
related to felony restitution collection in order to improve
rates of collection for restitution obligations in felony
cases and establish best practices relating to a defendant's
ability to pay obligations owed. The Upon request of the
chair, or by a majority vote of the members, the committee
shall report the its findings to the Legislature not later
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shall report the its findings to the Legislature not later
than the fifteenth legislative day of each regular session,
and shall work in conjunction with all of the following in
studying and addressing the issues:
(1) Department of Corrections.
(2) Board of Pardons and Paroles.
(3) Administrative Office of Courts.
(4) Office of Prosecution Services.
(5) Office of the Attorney General.
(6) Alabama State Law Enforcement Agency.
(7) Alabama Criminal Defense Lawyers Association.
(8) Alabama Circuit Judges' Association.
(9) Association of County Commissions of Alabama.
(10) Alabama Sheriffs ' Association.
(11) Alabama Crime Victims Compensation Commission.
(12) The Alabama Circuit Clerk's Association.
(13) Two crime victims' rights advocates designated by
the Attorney General.
(14) Two members from the Alabama District Attorneys
Association, of which one shall be from a largely populated
metropolitan judicial circuit and the other shall be from a
small, rurally populated judicial circuit.
(15) Any other advocacy groups as determined by the
committee.
(e) The committee shall study and address capacity
issues within the Department of Corrections to include, but
not be limited to, the issue of design capacity and
operational or functional capacity, as well as the
construction of new prison correctional facilities and the
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construction of new prison correctional facilities and the
renovation of current correctional facilities as they relate
to prison overcrowding and public safety. The Upon request of
the chair, or by a majority vote of the members, the committee
shall report the its findings to the Legislature not later
than the fifteenth legislative day of each regular session,
and shall work in conjunction with the following in studying
and addressing the issues:
(1) Department of Corrections.
(2) Board of Pardons and Paroles.
(3) Department of Mental Health.
(4) Department of Public Health.
(5) Administrative Office of Courts.
(6) Office of Prosecution Services.
(7) Office of the Attorney General.
(8) Alabama State Law Enforcement Agency.
(9) Alabama Drug Abuse Task Force.
(10) Alabama Criminal Defense Lawyers Association.
(11) Alabama Circuit Judges' Association.
(12) Association of County Commissions of Alabama.
(13) Two members from the Alabama Sheriffs '
Association, of which one shall be from a largely populated
metropolitan judicial circuit and the other shall be from a
small, rurally populated judicial circuit.
(14) Two members from the Alabama District Attorneys
Association, of which one shall be from a largely populated
metropolitan judicial circuit and the other shall be from a
small, rurally populated judicial circuit.
(f) The committee shall study and address issues
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(f) The committee shall study and address issues
related to services provided by the Department of Corrections
to constituents and the families of inmates. Upon request of
the chair, or by a majority vote of the members, the committee
may report its findings to the Legislature and may work in
conjunction with all of the following in studying and
addressing the issues:
(1) Department of Corrections.
(2) Board of Pardons and Paroles.
(3) Department of Mental Health.
(4) Alabama Criminal Defense Lawyers Association.
(g) By September 1, 2024, the Department of Examiners
of Public Accounts, in consultation with the committee, shall
employ an individual, who shall be an exempt employee under
Section 36-26-10, to assist in the operations of the
committee.
(f)(h) The studies and collaborating partners provided
for in this section shall reflect the racial, gender,
geographic, urban/ruralurban, rural, and economic diversity of
the state."
Section 4. This act shall become effective on June 1,
2024.
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2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB322
Senate 23-Apr-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 02-May-24
Senate concurred in House amendment 02-May-24
By: Senator Chambliss
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