State asks for more time on Tutwiler plan

Officials want until Feb. 21 to draft proposal to alleviate crowding

STAN BAILEY
News staff writer
February 5, 2003

MONTGOMERY State officials asked for more time Tuesday to draft a plan to defuse what a federal judge in December called the "ticking time bomb" of Tutwiler Prison for Women.

Lawyers for Gov. Bob Riley, Attorney General Bill Pryor and the state Department of Corrections asked U.S. District Judge Myron Thompson to give the state until Feb. 21 instead of a previously set Friday deadline to file a plan to eliminate unconstitutional conditions at Tutwiler.

"The governor has already designated a task force to investigate such remedies and alternatives, and to recommend how such alternatives could be utilized most effectively to ameliorate the concerns identified by the court," state lawyers told Thompson.

Thompson ruled on Dec. 2 that Tutwiler, built in 1942 to house 365 inmates but now containing more than 1,000, is dangerously crowded and understaffed. He first gave the state until Dec. 30, then until Friday to file a plan to solve Tutwiler's problems.

Nabers heads group:

David Azbell, Riley's press secretary, said the governor's prison task force, headed by state Finance Director Drayton Nabers, includes Finance Department staffers Bill Newton, Carolyn Middleton and Laurie Avant; the Legislative Fiscal Office's Joyce Bigbee and Sharon Bivens; and Rosa Davis of the attorney general's office.

Azbell said the panel will look at potential sources of funding as well as management steps to operate state prisons more effectively and efficiently. "They are looking at corrections from top to bottom," said Azbell.

Thompson last week rejected a plan drawn up during the administration of former Gov. Don Siegelman that lawyers for inmates said "effectively does nothing" to solve problems at Tutwiler.

The plan called on Thompson to order Alabama counties not to bring more inmates to Tutwiler for five months to give prison officials time to ask the Legislature for emergency money to make improvements.

Thompson said last week he lacks the authority to order any inmates released or refused admission to prison and that lack of money doesn't give the state any excuse to violate the constitution.

At a Jan. 21 hearing, lawyers for the state told Thompson that money is not available to make immediate changes at Tutwiler, but Thompson said from the bench, "If you have to get more money, you just have to get more money ... Lack of funds is not a defense." Lisa Kung of the Atlanta-based Southern Center for Human Rights, representing state convicts, said Tuesday that she won't object to the state's request for more time, but she underscored Thompson's finding that Tutwiler is in "an emergency situation" and "a ticking time bomb."

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