For years, Alabama’s parole system has faced scrutiny, as the rate of prisoners granted parole has plummeted since Alabama Board of Pardons and Paroles Chair Leigh Gwathney came to power in 2019. Despite Alabama’s long-documented prison overcrowding crisisthe parole rate has fallen from just over 50 percent in 2018 to a meager 8 percent in 2023.
This issue has culminated in the U.S. Department of Justice’s ongoing lawsuit against the state, which argues that Alabama’s prisons are so overcrowded, understaffed, and violent that they violate the “cruel and unusual punishment” clause of the Constitution’s Eighth Amendment.
Despite this, parole continues to be a rare privilege granted to exceedingly few inmates. In 2023, all 10 inmates over 80 years old who were up for parole were denied. In Fall of 2023, Gwathney voted to deny medical parole to Thomas Owens, “a nonviolent offender who is a quadriplegic, completely bedridden, and spends most of the day in a catatonic state” — Owens narrowly received parole on a 2-1 vote.
But, according to Attorney General Steve Marshall, “there is simply nobody else to ‘reform’” and “dangerous offenders are largely the only ones left behind bars.” Alabama must have an abnormally large number of dangerous prisoners who simply refuse to be reformed — many of whom just so happen to also be seriously ill.
Indeed, medical parole is so rarely granted that prisoners and the Department of Corrections are now forced to subvert the board in order to get ill inmates the proper medical attention they deserve, and to free up much needed space in the prisons.
Leola Harris, a wheelchair-bound 72-year-old with end-stage renal disease, was denied parole in January of 2023 after serving two decades in prison. However, she became one of four prisoners freed by the DOC through the little-known process of medical furlough this year.
The law, enacted in 2008, allows for the “discretionary release” of some inmates according to Alabama DOC Commissioner John Hamm.
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“The Medical Furlough Act allows the ADOC to release certain geriatric, permanently incapacitated or terminally ill inmates to family members under certain conditions. These inmates are better served in this capacity, and it allows more resources for the disruptive inmates,” he told AL.com.
Harris had expected to die in the infirmary of Julia Tutwiler Prison in Wetumpka, which she described as “a nursing home with no care.”
And many are dying in Alabama prisons, so much so that commissioners like Hamm must now take matters into their own hands. The medical furlough process is being used as a last-ditch effort to effectively work around a parole board that refuses to grant adequate medical parole and seems completely satisfied with maintaining overcrowded, unsafe environments that harm inmates and state employees alike.
Another wrinkle: Alabama relies heavily on the cheap labor supplied by its inmates. Incarcerated Alabamians are farmed out by the DOC to private corporations like McDonald’s and Wendy’s to serve as mandatory workers. These inmates work long shifts while forking over 40 percent of their paycheck to the state before taxation — if they file complaints about their working conditions or find themselves unable to attend their job, they can face solitary confinement and other punishments.
These inmates are deemed reformed enough to work long hours alongside the general public through the work-release program, yet continue to be denied parole as supposed “dangers to society.” Some inmates in the program are even allowed 72-hour periods at home on the weekends. Alabama State Rep. Chris England calls it a “completely broken system” and says that the parole board uses “no guidelines” when making its parole decisions.
Leola Harris agrees. “I don’t think they read nobody’s file,” she said of the board.
Alongside inmates like Harris who are finding freedom through the medical furlough program, the parole board does appear to be slowly increasing its granted parole rate — AL.com reported that January of this year saw a parole rate of 19 percent. However, these developments are not nearly enough. For every Thomas Owens and Leola Harris who gets lucky enough to leave prison with the chance to receive decent, humane medical care, there are countless others who remain in custody, waiting to die.
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Leigh Gwathney effect
Table of Contents
Alabama’s Broken Parole System: A Crisis of Overcrowding, Abuse, and Neglect
For years, Alabama’s parole system has been plagued by controversy and criticism. Since Alabama Board of Pardons and Paroles Chair Leigh Gwathney took office in 2019, the rate of prisoners granted parole has plummeted, contributing to a prison overcrowding crisis that has sparked a lawsuit by the U.S. Department of Justice [[2]]. The parole rate has fallen from a respectable 50% in 2018 to a meager 8% in 2023, despite the state’s well-documented prison overcrowding problem [[1]].
The consequences of this crisis are dire. Inmates are being denied parole, even when they are elderly, ill, or nonviolent. In 2023, all 10 inmates over 80 years old who were up for parole were denied, and Gwathney voted to deny medical parole to Thomas Owens, a quadriplegic who is completely bedridden and spends most of his day in a catatonic state [[1]]. This raises serious questions about the parole board’s priorities and its commitment to rehabilitation and justice.
Meanwhile, prisoners and the Department of Corrections are being forced to find creative ways to work around the parole board’s inaction. The medical furlough process, enacted in 2008, allows for the “discretionary release” of certain inmates who are geriatric, permanently incapacitated, or terminally ill [[3]]. This has become a necessary last resort for prisoners like Leola Harris, a wheelchair-bound 72-year-old with end-stage renal disease, who was denied parole in January 2023 but was eventually freed by the DOC through medical furlough [[1]].
The Alabama prison system’s reliance on cheap labor from inmates is another disturbing aspect of this crisis. Incarcerated Alabamians are being farmed out to private corporations like McDonald’s and Wendy’s, where they work long shifts and fork over 40% of their paycheck to the state before taxation [[1]]. If they file complaints about their working conditions or are unable to attend their job, they can face solitary confinement and other punishments. This raises questions about the ethics of exploiting prisoner labor and the system’s priorities.
Alabama State Rep. Chris England has called the parole system “completely broken” and claims that the parole board uses “no guidelines” when making its decisions [[1]]. Leola Harris agrees, stating that she doesn’t think the board reads inmates’ files [[1]]. This lack of transparency and accountability is unacceptable and demands attention.
The situation in Alabama’s prisons is dire, with overcrowding, understaffing, and violence threatening the well-being of both inmates and state employees. The U.S. Department of Justice’s lawsuit against the state argues that these conditions violate the “cruel and unusual punishment” clause of the Constitution’s Eighth Amendment [[1]]. Meanwhile, prisoners like Leola Harris are being forced to find creative ways to escape the system, and commissioners like Hamm are taking matters into their own hands.
Alabama’s broken parole system is a crisis that demands immediate attention and reform. It is unacceptable that prisoners are being denied parole and forced to languish in overcrowded, unsafe environments. The state must take action to address the root causes of this crisis and ensure that justice is served for all.
References:
[1] Alabama Has Stopped Nearly All Paroles, Explaining the Leigh Gwathney Effect (al.com)
[2] Report: Alabama’s broken parole board violating its own guidelines and state law (alreporter.com)
[3] New Report Exposes Parole Board Behavior and Outcomes (aclualabama.org)
Meta Description: Alabama’s parole system is in crisis, with overcrowding, understaffing, and violence threatening the well-being of inmates and state employees. Learn more about the root causes of this crisis and the need for immediate reform.
Alabama parole Board members
Alabama’s Broken Parole System: A Crisis of Injustice
For years, Alabama’s parole system has been under scrutiny for its dismal performance, with the rate of prisoners granted parole plummeting since Alabama Board of Pardons and Paroles Chair Leigh Gwathney took office in 2019. Despite the state’s long-documented prison overcrowding crisis, the parole rate has fallen from over 50% in 2018 to a meager 8% in 2023 [[1]]. This issue has culminated in the U.S. Department of Justice’s ongoing lawsuit against the state, citing Alabama’s prisons are overcrowded, understaffed, and violent, violating the “cruel and unusual punishment” clause of the Constitution’s Eighth Amendment [[2]].
Despite this, parole continues to be a rare privilege granted to exceedingly few inmates. In 2023, all 10 inmates over 80 years old who were up for parole were denied. In Fall of 2023, Gwathney voted to deny medical parole to Thomas Owens, a nonviolent offender who is a quadriplegic, completely bedridden, and spends most of the day in a catatonic state — Owens narrowly received parole on a 2-1 vote.
According to Attorney General Steve Marshall, “there is simply nobody else to ‘reform'” and “dangerous offenders are largely the only ones left behind bars.” Alabama must have an abnormally large number of dangerous prisoners who simply refuse to be reformed — many of whom just so happen to also be seriously ill.
Medical parole is so rarely granted that prisoners and the Department of Corrections are now forced to subvert the board in order to get ill inmates the proper medical attention they deserve, and to free up much-needed space in the prisons. Leola Harris, a wheelchair-bound 72-year-old with end-stage renal disease, was denied parole in January of 2023 after serving two decades in prison. However, she became one of four prisoners freed by the DOC through the little-known process of medical furlough this year.
The Medical Furlough Act, enacted in 2008, allows for the “discretionary release” of some inmates according to Alabama DOC Commissioner John Hamm [[2]]. However, Harris had expected to die in the infirmary of Julia Tutwiler Prison in Wetumpka, which she described as “a nursing home with no care.”
Many inmates are dying in Alabama prisons, so much so that commissioners like Hamm must now take matters into their own hands. The medical furlough process is being used as a last-ditch effort to effectively work around a parole board that refuses to grant adequate medical parole and seems completely satisfied with maintaining overcrowded, unsafe environments that harm inmates and state employees alike.
Another wrinkle: Alabama relies heavily on the cheap labor supplied by its inmates. Incarcerated Alabamians are farmed out by the DOC to private corporations like McDonald’s and Wendy’s to serve as mandatory workers. These inmates work long shifts while forking over 40% of their paycheck to the state before taxation — if they file complaints about their working conditions or find themselves unable to attend their job, they can face solitary confinement and other punishments.
These inmates are deemed reformed enough to work long hours alongside the general public through the work-release program, yet continue to be denied parole as supposed “dangers to society.” Some inmates in the program are even allowed 72-hour periods at home on the weekends. Alabama State Rep. Chris England calls it a “completely broken system” and says that the parole board uses “no guidelines” when making its parole decisions.
Leola Harris agrees. “I don’t think they read nobody’s file,” she said of the board.
Alongside inmates like Harris who are finding freedom through the medical furlough program, there are many more who remain trapped in Alabama’s broken parole system. It is time for reform and accountability in Alabama’s prison system, starting with a thorough overhaul of the parole board and its policies.
References:
[1]: Alabama Prison Crisis series by Injustice Watch
[2]: Investigative Report Examines Alabama’s Broken Parole System by Equal
