Committee: JudiciarySponsor: Albritton
Analyst: Pete GroganDate: 02/02/2021


Senate Bill 36 as introduced: (1) requires the Alabama Department of Corrections, on or before October 1, 2021, to enter into agreements with at least three counties whose jails will be used for the care and housing of parole and probation violators; (2) requires the Department to pay the counties the agreed upon daily housing rate plus 20%; and (3) clarifies that the Department is responsible for the health care costs of parole and probation violators and inmates awaiting transfer to the Departmentís custody. This will increase the financial obligations of the Department by: (1) an estimated $21.60 to $24 per day for each parolee and probationer in the custody of a consenting county jail; (2) an undetermined amount to reimburse counties for health care costs of parole and probation violators incurred while in the custody of a consenting county jail; and (3) an undetermined amount for increased costs of liability insurance premiums attributed to the increased state inmate population housed in county jails.

Also, this bill will increase the administrative obligations of the Department by requiring the Department, in consultation with the Association of County Commissions and the Alabama Sheriffs Association, to develop no later than October 1, 2021, an application and standard 1-year memorandum of agreement to house and care for parolees and probationers charged with, sanctioned, or that have had their parole or probation revoked, in county jails.

In addition, this bill provides that if the Legislature does not make a specific appropriation to the Department sufficient to reimburse the counties for health care costs, individuals who have violated the conditions of parole or probation may not be delivered to the custody of a county facility until the State Finance Director certifies the availability of sufficient funds for reimbursement.

Tom Whatley, Chairperson