Issue: Criminal Justice

June 2023 newsletter

By Matt Okarmus
Arise members and supporters gather in front of the Alabama State House during our Legislative Day.

At last: Alabama Arise members celebrate grocery tax reduction

By Chris Sanders, communications director | chris@alarise.org

The grocery tax bill passed. After more than three decades of persistent advocacy, Alabama Arise members turned that longstanding vision into reality this year. Every Alabamian will benefit as a result, and the benefits will be greatest for families struggling to make ends meet.

This breakthrough highlighted a 2023 regular session during which Arise members made a difference on numerous priorities at the Legislature. Our advocacy helped an important criminal justice reform become law and helped block efforts to undermine voting rights.

What the grocery tax bill will do

Alabamians will begin paying a lower state grocery tax this Labor Day weekend. HB 479, sponsored by Rep. Danny Garrett, R-Trussville, will cut the state sales tax on groceries from 4% to 2% in two steps. The reduction will apply to all items defined as food under the Supplemental Nutrition Assistance Program (SNAP). When fully implemented, the law will save Alabamians the equivalent of about a week’s worth of groceries every year.

The first step will take effect Sept. 1, when the state grocery tax will drop from 4% to 3%. The next reduction, from 3% to 2%, will come in September 2024, as long as Education Trust Fund (ETF) revenues have grown by at least 3.5% over the previous year. If they haven’t, the reduction will occur in the first year when revenue growth does meet that threshold.

HB 479 also allows (but does not require) cities and counties to reduce their sales taxes on groceries. The law allows localities that reduce their grocery tax to reverse some or all of that reduction later. But localities cannot increase local grocery taxes above their current rate.

Garrett’s bill emerged late in the session but quickly gained overwhelming bipartisan support. The House passed the bill 103-0 on May 25, and the Senate followed with a 31-0 vote June 1. Gov. Kay Ivey signed the bill into law June 15.

Garrett joined with Sen. Andrew Jones, R-Centre, and Lt. Gov. Will Ainsworth to guide HB 479 through the Legislature. But the bill’s passage also rests on the foundation laid by many other legislative champions through the years. They include former Rep. John Knight, D-Montgomery; former Sen. Hank Sanders, D-Selma; Sen. Merika Coleman, D-Pleasant Grove; and Reps. Laura Hall, D-Huntsville, Penni McClammy, D-Montgomery, and Mary Moore, D-Birmingham.

What comes next in our work to untax groceries

HB 479 is a watershed moment in Arise’s work for tax justice. That work will continue. The bill doesn’t eliminate the entire 4% state grocery tax, and it doesn’t replace the revenue. The state grocery tax is an important funding source for public education, bringing in about $600 million annually. That is about 7% of this year’s ETF budget.

“Revenues are strong enough for now to reduce the grocery tax without causing severe harm to education funding,” Arise executive director Robyn Hyden said. “But history tells us that good economic times won’t last forever.”

Legislators this year created a study commission to recommend sustainable ways to eliminate the rest of the state grocery tax. HJR 243, sponsored by McClammy, requires the commission to report its findings and recommendations by November 2026.

Arise will seize that opportunity to push lawmakers to close tax loopholes skewed in favor of wealthy people and highly profitable corporations. One such loophole is the state income tax deduction for federal income taxes (FIT). Alabama is the only state that still allows a full FIT deduction.

The state grocery tax is a cruel tax on survival that drives many Alabamians deeper into poverty. Arise is committed to building on this year’s success and ending this tax forever. With our members’ continued advocacy and support, that is another vision we’ll turn into reality together.

2023 was a momentous session on Alabama Arise priorities

By Mike Nicholson, policy analyst | mike@alarise.org

June 6 ended one of the most significant legislative sessions ever for Alabama Arise and our supporters. Through timely and persistent advocacy, Arise members helped build a better, more equitable Alabama.

While our work continues, we want to highlight the many important strides this year in our movement for a better Alabama for all – and celebrate Arise members’ role in advancing that goal. This article summarizes some of the key bills on Arise priorities during the Legislature’s 2023 regular session. For information on all bills we tracked this year, visit the Bills of Interest page on our website.

Tax reform

Lawmakers proposed many significant tax reform bills this session. But none will have more lasting significance to Alabamians than reducing the state sales tax on groceries, a longstanding Arise priority. Thanks to phenomenal member advocacy, our state is finally removing part of this regressive tax.

HB 479, sponsored by Rep. Danny Garrett, R-Trussville, became law this year. This legislation will cut the state grocery tax by half in the coming years. This huge victory for tax justice resulted from decades of hard work by Arise members.

Adequate state budgets

Alabama’s 2024 General Fund (GF) and Education Trust Fund (ETF) budgets are both significantly larger than 2023. The GF budget is about $3 billion and includes a 2% pay raise for state employees. It also includes significant funding increases for Medicaid, mental health care and other state services. The 2024 ETF budget is nearly $8.8 billion, half a billion dollars more than the previous year’s ETF.

HB 295 and SB 202, known as the PRICE Act, were sponsored by Rep. Ernie Yarbrough, R-Trinity, and Sen. Larry Stutts, R-Tuscumbia. These bills would have allowed parents to take tax dollars that otherwise would support local public schools and use them to pay for private schools or home schooling. Arise and other advocates helped defeat this legislation, protecting nearly $600 million of public education funding.

Voting rights

HB 209, sponsored by Rep. Jamie Kiel, R-Russellville, did not pass this session. This bill would have criminalized many efforts to assist voters with absentee ballot applications or completed ballots. Arise and other groups successfully stopped this bill, which passed the House but never reached the Senate floor.

Criminal justice reform

SB 154, sponsored by Sen. Will Barfoot, R-Pike Road, became law this year. This legislation will make it harder for the state to suspend people’s driver’s licenses for failure to pay traffic tickets. Arise and our partners at Alabama Appleseed strongly supported this bill.

HB 24, sponsored by Rep. Reed Ingram, R-Pike Road, passed despite Arise’s opposition. This bill will criminalize asking for money on the side of roads, punishing many Alabamians facing housing insecurity. Federal courts have found similar laws unconstitutional in recent years.

HB 229, sponsored by Rep. Chris England, D-Tuscaloosa, would have allowed resentencing of certain incarcerated individuals sentenced to life imprisonment without parole under Alabama’s Habitual Felony Offender Act. This bill passed the House and gained Senate committee approval, but it never reached the Senate floor. Arise supported this bill and expects a similar one to be filed next session.

Death penalty reform 

England’s HB 14 would have required a unanimous jury sentence to impose the death penalty. The bill also would have made the state’s judicial override ban retroactive. This bill received a public hearing but did not leave the committee. Arise supported this bill and expects a similar one to be filed next session.

Other issues 

SB 196, sponsored by Sen. Arthur Orr, R-Decatur, would have increased government transparency by improving Alabama’s open records process. This bill passed the Senate and gained House committee approval but did not pass in the House. Arise supported this bill and expects a similar one to be filed next session.

SB 242, sponsored by Sen. Keith Kelley, R-Anniston, would have undermined tenant protections by removing the cap on the amount of the security deposit that landlords can charge to renters. Arise opposed this bill, and it died without reaching the Senate floor.

Building momentum for closing the coverage gap

By Debbie Smith, Cover Alabama campaign director | debbie@alarise.org

Cover Alabama has built powerful momentum to expand Medicaid and close the state’s health coverage gap in recent months. In March, Alabama Arise’s Cover Alabama campaign held its first in-person Medicaid expansion lobby day. With the participation of 80 passionate individuals, this event created a powerful platform for advocating Medicaid expansion.

Alabamians living in the coverage gap – who earn too much to qualify for Medicaid but not enough to qualify for financial help to buy private insurance – shared their personal stories during the rally before engaging in meaningful conversations with their lawmakers. The event garnered great press attention, shining a spotlight on our state’s urgent need to expand health care access.

A man stands at a podium to give a speech on Medicaid expansion.
Arise board member Kenneth Tyrone King speaks to the importance of expanding Medicaid to ensure affordable health coverage for nearly 300,000 Alabama adults with low incomes.

Other recent wins

In an encouraging development, the House Health Committee held a hearing this year specifically focused on the benefits of closing the coverage gap. This hearing came on the heels of Cover Alabama’s rally. And it marked a significant milestone, as the first time legislators formally discussed Medicaid expansion in a committee hearing. The hearing provided an important platform to educate lawmakers and the public about the positive impact Medicaid expansion can have on our communities.

Meanwhile, we also celebrated the recent success of North Carolina, which passed Medicaid expansion in March. That move means Alabama is now one of only 10 states that has not yet expanded its Medicaid program.

We are determined to change that. We will continue advocating for our state to join others in providing vital health care access to those in need.

Looking forward

In April, Arise and Cover Alabama partnered with Doctors for America to conduct a highly engaging half-day advocate training session. Fifty people attended the event in Birmingham or online on a Saturday morning. This event equipped our advocates with the knowledge and tools needed to advocate effectively for Medicaid expansion, empowering them to make a difference.

Thank you to each and every one of you for your unwavering support, dedication and passion for health justice. Together, we are making significant strides toward Medicaid expansion in Alabama.

Let’s continue to raise our voices, engage with lawmakers and advocate for equitable health care access for every Alabamian.

Allen v. Milligan ruling is a shot in the arm for democracy

By Robyn Hyden, executive director | robyn@alarise.org

Alabamians received good news this month with the U.S. Supreme Court’s decision in Allen v. Milligan. This decision upholds key parts of the Voting Rights Act and requires Alabama to draw new congressional districts by July 21. The Legislature likely will hold a special session in July to approve two majority-Black (or close to majority-Black) districts. Alabama has had only one majority-Black district for decades, diluting the voting power of Black residents.

The ruling came a decade after Shelby County v. Holder, a decision that gutted the Voting Rights Act’s preclearance protections. As we commemorate this anniversary, we are reminded of why protecting Black voting power in Alabama is so critical to achieving our vision of a strong, participatory democracy.

Alabama Arise salutes our partners at Alabama Forward, Alabama NAACP, Greater Birmingham Ministries and ACLU of Alabama for their hard work and vision in the Milligan case. Arise will continue working to advance legislation to protect and strengthen voting rights. And we will keep fighting to ensure that every vote counts and elected officials are accountable to their constituents.

Leave a lasting legacy

By Jacob Smith, development director | jacob@alarise.org

Alabama Arise has set long-term goals like a fairer state tax system and state budgets that provide opportunities for all. Together, we have made meaningful steps toward these goals. And our members – with monthly or one-time gifts – help us keep up the momentum every day. We are so grateful.

However, this vision won’t happen overnight. There’s a type of gift that you probably haven’t considered – one that will ensure you continue to join us in Alabama Arise’s work even past your lifetime. That’s leaving us in your will.

Regardless of your income, making a will is an important step to ensure your end-of-life wishes are known. There are online tools that can help. And consulting a financial planner would be a great idea, too. You don’t even have to tell us that you included us. (Though we would be glad if you did!)

We would love to share sample language or chat about the legacy you want to leave Alabama. Reach out to me at jacob@alarise.org.

Thank you for your ongoing work and contributions to building a better Alabama.

Arise Legislative Day: Making the state grocery tax cut a reality!

 

We were excited to see more than 120 people participating in Arise’s 2023 Legislative Day on April 11 in Montgomery. Arise’s longtime push to decrease the state sales tax on groceries took center stage, and our members’ energy was palpable. Our supporters’ passionate advocacy, this year and in so many previous years, got the bill across the finish line! Top: Arise’s McKenzie Burton (left) and Whitney Washington (right) pose for a photo with longtime Arise member Helen Rivas. Next: Arise’s Robyn Hyden (right) and Carol Gundlach (left) and Anna Pritchett of AARP Alabama meet with Sen. Andrew Jones, R-Centre, to thank him for championing the fight to untax groceries. Next: Policy analyst Mike Nicholson speaks about criminal justice reform.

2023 was a momentous session on Alabama Arise policy priorities

By Mike Nicholson

June 6 ended one of the most significant legislative sessions ever for Alabama Arise and our supporters. Through timely and persistent advocacy, Arise members helped build a better, more equitable Alabama.

While our work continues, we want to highlight the many important strides this year in our movement for a better Alabama for all – and celebrate Arise members’ role in advancing that goal. This article summarizes some of the key bills on Arise priorities during the Legislature’s 2023 regular session. For information on all bills we tracked this year, visit the Bills of Interest page on our website.

Tax reform

Lawmakers proposed many significant tax reform bills this session. But none will have more lasting significance to Alabamians than reducing the state sales tax on groceries, a longstanding Arise priority. Thanks to phenomenal member advocacy, our state is finally removing part of this regressive tax.

HB 479, sponsored by Rep. Danny Garrett, R-Trussville, became law this year. This legislation will cut the state grocery tax by half in the coming years. This huge victory for tax justice resulted from decades of hard work by Arise members. (See page 1.)

Adequate state budgets

Alabama’s 2024 General Fund (GF) and Education Trust Fund (ETF) budgets are both significantly larger than 2023. The GF budget is about $3 billion and includes a 2% pay raise for state employees. It also includes significant funding increases for Medicaid, mental health care and other state services. The 2024 ETF budget is nearly $8.8 billion, half a billion dollars more than the previous year’s ETF.

HB 295 and SB 202, known as the PRICE Act, were sponsored by Rep. Ernie Yarbrough, R-Trinity, and Sen. Larry Stutts, R-Tuscumbia. These bills would have allowed parents to take tax dollars that otherwise would support local public schools and use them to pay for private schools or home schooling. Arise and other advocates helped defeat this legislation, protecting nearly $600 million of public education funding.

Voting rights

HB 209, sponsored by Rep. Jamie Kiel, R-Russellville, did not pass this session. This bill would have criminalized many efforts to assist voters with absentee ballot applications or completed ballots. Arise and other groups successfully stopped this bill, which passed the House but never reached the Senate floor.

Criminal justice reform

SB 154, sponsored by Sen. Will Barfoot, R-Pike Road, became law this year. This legislation will make it harder for the state to suspend people’s driver’s licenses for failure to pay traffic tickets. Arise and our partners at Alabama Appleseed strongly supported this bill.

HB 24, sponsored by Rep. Reed Ingram, R-Pike Road, passed despite Arise’s opposition. This bill will criminalize asking for money on the side of roads, punishing many Alabamians facing housing insecurity. Federal courts have found similar laws unconstitutional in recent years.

HB 229, sponsored by Rep. Chris England, D-Tuscaloosa, would have allowed resentencing of certain incarcerated individuals sentenced to life imprisonment without parole under Alabama’s Habitual Felony Offender Act. This bill passed the House and gained Senate committee approval, but it never reached the Senate floor. Arise supported this bill and expects a similar one to be filed next session.

Death penalty reform 

England’s HB 14 would have required a unanimous jury sentence to impose the death penalty. The bill also would have made the state’s judicial override ban retroactive. This bill received a public hearing but did not leave the committee. Arise supported this bill and expects a similar one to be filed next session.

Other issues 

SB 196, sponsored by Sen. Arthur Orr, R-Decatur, would have increased government transparency by improving Alabama’s open records process. This bill passed the Senate and gained House committee approval but did not pass in the House. Arise supported this bill and expects a similar one to be filed next session.

SB 242, sponsored by Sen. Keith Kelley, R-Anniston, would have undermined tenant protections by removing the cap on the amount of the security deposit that landlords can charge to renters. Arise opposed this bill, and it died without reaching the Senate floor.

Arise legislative update: June 7, 2023

By Alabama Arise

The Alabama Legislature’s 2023 regular session has come to a close. Arise’s Akiesha Anderson takes us through some big wins – including reducing the state’s grocery tax! – and other highlights from the session. We want to thank you for speaking out to support good bills and oppose harmful bills. Please visit alarise.org and follow us on social media as we continue to bring you updates throughout the year on our work for a better Alabama.

It’s time to provide older Alabamians with a second chance: Pass Rep. England’s HB 229

By Alabama Arise

Alabama’s prison population has steadily been getting older and more expensive to house. 

  • In 2005, about 36% of people in Alabama Department of Corrections (ADOC) custody were between ages 15 and 30. By 2021, that number had been halved and is now around 18%. 
  • Our state’s crime rate fell dramatically – by nearly 17% – from 2005 to 2019. 
  • This aging trend among incarcerated Alabamians will have an enormous impact on our state’s ability to pay for and house people in prison, now and in the future.

We can’t afford – financially or morally – to keep incarcerating people who were convicted of offenses involving no physical injury and who already have served more than 20 years.

  • The falling crime rate and the severely harsh nature of Alabama’s 1977 three-strikes law mean the share of older people in ADOC custody who were convicted of offenses involving no physical injury but have lengthy sentences has grown dramatically over time.
  • This has resulted in a disproportionately older and more expensive prison population. And it has contributed greatly to severe prison overcrowding, leading to a U.S. Department of Justice lawsuit.
  • These older inmates are the least likely to reoffend but the most costly to incarcerate, most commonly due to health care costs. Between 2000 and 2022, the state’s aging prison population contributed to a dramatic increase in the cost of incarceration. In this period, the average cost of incarceration per inmate rose from about $25 a day to more than $80, a cost increase of 220%.

HB 229 would allow a narrow group of people who were convicted of offenses involving no physical injury and who already have served more than 20 years of a life sentence a chance to petition for resentencing.

  • Only a narrow group of people serving enhanced sentences due to three-strikes guidelines would have the chance to be resentenced. This one-time opportunity would expire within five years.
  • Incarcerated individuals would qualify for resentencing only if all of the following apply:
    1. Their sentence was not the result of an offense causing serious physical injury to another person.
    2. They were sentenced to life without the possibility of parole.
    3. They received a final sentence at a trial court prior to May 26, 2000. 

The bottom line: We need to reform Alabama’s three-strikes law.

  • This bill would offer the possibility of resentencing only to older people who are incarcerated for offenses involving no physical injury and who already have served more than 20 years of a life without the possibility of parole (LWOP) sentence.
  • Alabama’s punitive sentencing practices have caused disproportionate harm to people with low incomes and people of color. This bill would be one important step to begin addressing some of the injustices resulting from those practices.

It’s time to provide older Alabamians with a second chance: Pass Rep. England’s HB 229

  • Alabama’s prison population has steadily been getting older and more expensive to house, adding to the state’s overcrowding problem.
  • We can’t afford – financially or morally – to keep housing people who were convicted of offenses involving no physical injury and who already have served more than 20 years.
  • HB 229 would allow a narrow group of people who were convicted of offenses involving no physical injury and who already have served more than 20 years of a life sentence a chance to petition for resentencing.
  • We need to reform Alabama’s three-strikes law. This bill would help address the injustices of sentencing practices that disproportionately have harmed people with low incomes and people of color.
A line graph showing the number of people aged 15-30 in Alabama prisons was cut in half from 2005 to 2021. ALEA says crime fell by 17%.
Data and graphic shared by Alabama Appleseed in its report “New Prisons for Old Men.”

It’s time for Alabama to end outdated death penalty practices: Pass Rep. England’s HB 14

By Alabama Arise

HB 14 by Rep. Chris England, D-Tuscaloosa, would require unanimous jury sentencing in death penalty cases and make the ban on judicial override retroactive. Here’s why Alabama Arise supports this legislation:

Alabama is one of only two states* that doesn’t require a unanimous jury verdict to sentence someone to death.  

  • In Alabama, only 10 jurors need to agree to sentence someone to death. Every other state with a death penalty requires a unanimous jury sentencing verdict.
  • The Supreme Court recently ruled in Ramos v. Louisiana that criminal convictions for serious offenses must be unanimous, because the Constitution requires a jury to find a person guilty beyond a reasonable doubt.
  • Decisions to impose a death sentence should have to be unanimous, too. There’s a reason nearly every other state with the death penalty requires unanimous jury sentencing in death penalty cases: taking someone’s life isn’t something that can be undone.
  • Alarmingly, one person is exonerated for every eight people executed from Alabama’s death row.

Judicial override ended in 2017, but more than 30 people are still on death row in Alabama because a judge overruled the jury’s sentence. 

  • Until 2017, Alabama was the last state allowing judges to override a jury’s decision to impose a life sentence and instead sentence someone to death. 
  • Judges used this practice, known as judicial override, to undermine the sentencing decisions made by juries. This practice was one of the factors that contributed to Alabama’s consistent top-five ranking in executions per capita. 
  • Judicial override in Alabama ended in 2017, but that legislation didn’t benefit everyone because the ban was not retroactive.
  • More than 30 people now on Alabama’s death row would benefit from this provision as they were put there by a judge who undermined a jury’s decision not to execute someone.

It’s time for Alabama to end outdated death penalty practices: Pass Rep. England’s HB 14

  • Alabama is one of only two states that doesn’t require a unanimous jury verdict to sentence someone to death.
  • Judicial override ended in 2017, but more than 30 people are still on death row in Alabama because a judge overruled the jury’s sentence.

*Florida passed a law in 2023 that allows a non-unanimous jury to impose a death sentence in the state.

Arise legislative update: May 22, 2023

By Alabama Arise

Arise’s Akiesha Anderson shares some good news from last week’s action at the Alabama Legislature. Those breakthroughs include the introduction of a House bill to reduce the state grocery tax, with nearly every representative joining as a co-sponsor. We also saw progress on several criminal justice reform bills, including the passage of SB 154, which will ensure far fewer Alabamians will have their driver’s licenses suspended due to inability to pay fines or fees.

Arise legislative update: May 15, 2023

By Matt Okarmus

Arise’s Akiesha Anderson breaks down recent developments at the Alabama Legislature, including the committee approval of a troubling bill that could redirect a large amount of public school funding to private schools. She also discusses legislation we’re excited about, including the continuing progress of a bill that would greatly reduce the number of driver’s license suspensions due to unpaid fines or fees.

Arise legislative update: May 1, 2023

By Alabama Arise

Arise’s Mike Nicholson provides an update on a few criminal justice bills in the Alabama Legislature’s 2023 regular session, including one to end many debt-based driver’s license suspensions. He also explains ways Arise is providing up-to-date information on bills we’re watching and how you can get involved with our movement for change.

Alabama shouldn’t make housing insecurity a crime: Vote ‘No’ on HB 24

By Alabama Arise

HB 24, sponsored by Rep. Reed Ingram, R-Pike Road, would make it a Class C misdemeanor to loiter on a public roadway or the right-of-way of a public roadway. This effectively would criminalize Alabamians who are experiencing homelessness and asking for help. Here are three reasons why Arise opposes this bill:

Alabama should invest in solutions to housing insecurity, not criminalize poverty.

  • Being housing insecure shouldn’t be a crime. Neither should asking neighbors for help.
  • This bill would create unnecessary hardship for people who lack housing. They also could increase the likelihood of tense encounters between police and marginalized Alabamians.
  • This legislation could have the unintended consequence of exacerbating the overcrowding and funding crisis within our county jails.

Multiple federal courts already have deemed this type of law unconstitutional.

  • Passing this bill would result in expensive litigation that would waste Alabama taxpayers’ money. And the most likely outcome would be for the state to be retold what a federal court already has stated: Laws like this are unconstitutional.
  • A federal judge intervened in March 2023 to block a similar municipal law and to prevent the Montgomery Sheriff’s Office and the Alabama Law Enforcement Agency from arresting people who were soliciting donations. The 11th U.S. Circuit Court of Appeals also has ruled these kinds of laws violate the First Amendment.
  • By criminalizing poverty in this way, our state would be demonizing a marginalized segment of our population. Alabama also would be wasting valuable resources on lawsuits seeking to impose fines (or potentially jail time) on the people who can least afford them.
  • This bill would be a bad and unconstitutional approach to an issue that requires empathy and communal engagement, not callousness and incarceration.

Putting people in jail over housing insecurity would be both cruel and expensive. Investing in housing and other support services is a much more humane and efficient approach.

It’s time for Alabama to stop criminalizing poverty: Oppose HB 24

HB 24, sponsored by Rep. Reed Ingram, R-Pike Road, would make it a Class C misdemeanor to loiter on a public roadway or the right-of-way of a public roadway. This effectively would criminalize Alabamians who are experiencing homelessness and asking for help. Here are three reasons why Arise opposes this bill:

  • Alabama should invest in solutions to housing insecurity, not criminalize poverty. Being housing insecure shouldn’t be a crime. Neither should asking neighbors for help.
  • Multiple federal courts already have deemed this type of law unconstitutional. This bill likely would result in expensive litigation that would waste Alabama taxpayers’ money.
  • Putting people in jail over housing insecurity would be cruel and expensive. Investing in housing and other support services is a much more humane and efficient approach to addressing this issue.

Arise legislative update: April 17, 2023

By Alabama Arise

Arise’s Akiesha Anderson provides an update on two bills we’re watching in the Alabama Legislature this week. We are urging the Senate to support a bill that would end many driver’s license suspensions for debt-based reasons. And we are urging a House committee to oppose a bill that would add harmful and confusing limits to Alabama’s absentee voting process.