Around the country
Here's the Alabama situation
To determine the conditions that need to be met regarding felony convictions of moral turpitude in Alabama, let's break this down step by step:
- Felony conviction of moral turpitude:
First, the person must have been convicted of one of the 46 specific felonies listed as crimes of moral turpitude in Alabama law. These include:
- Murder
- Manslaughter
- Certain assault and kidnapping offenses
- Rape and other sexual offenses
- Human trafficking
- Terrorism-related crimes
- Certain drug trafficking offenses
- Burglary
- Robbery
- Forgery
- Loss of voting rights:
If convicted of one of these felonies, the person automatically loses their right to vote.
- Conditions for restoration of voting rights:
For most of these convictions, voting rights can be restored if the following conditions are met:
- The person has completed their full sentence, including probation or parole
- All fines, restitution, and court costs have been paid in full
- There are no pending criminal charges against the person
- Process for restoration:
- The person must apply for a Certificate of Eligibility to Register to Vote (CERV) from the Board of Pardons and Paroles
- This process is automatic upon determination of eligibility, but an application is required.
- Exceptions:
Some convictions result in permanent loss of voting rights, including:
- Treason
- Impeachment
- Convictions resulting in the death penalty
- Special cases:
- Those convicted of murder and sex offenses must apply for a pardon to restore their voting rights, rather than using the CERV process
- People with federal and out-of-state offenses are eligible to apply for a CERV or pardon
In summary, for most felony convictions of moral turpitude in Alabama, voting rights can be restored if the sentence is completed, all financial obligations are met, and there are no pending charges. However, the specific process and eligibility may vary depending on the nature of the crime.
Citations:
[1]
Alabama<BR />Restoration of Rights & Record Relief
[2]
HB282 (2017) - Definition of Moral Turpitude Act
[3]
Section 17-3-30.1 - [Effective 10/1/2024] Disqualification of electors for felonies involving moral turpitude, Ala. Code § 17-3-30.1 | Casetext Search + Citator
[4]
2023 Code of Alabama :: Title 17 - Elections. :: Chapter 3 - Voter Registration. :: Article 2 - Qualifications of Electors. :: Section 17-3-30.1 - Disqualification of Electors for Felonies Involving Moral Turpitude.
[5]
https://www.sos.alabama.gov/sites/default/files/voter-pdfs/Updated Version of Moral Turpitude Crimes.pdf
[6]
Alabama’s New, Backward Law Would Silence Voters with Felony Convictions
[7]
https://www.aclualabama.org/sites/default/files/handout-votingrightsrestoration.pdf
Alabama's system of fines, fees, and court costs for those convicted of crimes or incarcerated has faced significant criticism due to the financial burden it places on individuals, often leading to cycles of debt and poverty. Here's an overview of how these costs accrue and their impact:
Types of Costs
Individuals convicted of crimes in Alabama can accrue various financial obligations, including:
- Court costs and fees
- Fines associated with convictions
- Probation or parole supervision fees
- Fees for drug testing
- Jail housing and maintenance costs
- Fees for public defenders
- Costs for entering diversion or community corrections programs
- Driver's license reinstatement fees
Typical Amounts
The total costs can be substantial:
- A 2014 survey found that 90% of community corrections program participants owed an average of $7,885 in court debt
- Court costs, fines, and fees for a simple marijuana possession conviction in Shelby County could total at least $2,611, with additional probation fees of $960 and $300 for driver's license restoration
Payment Challenges
Many individuals struggle to pay off these debts:
- Four out of five people charged with crimes are considered indigent
- A survey of community corrections participants found a median annual income of only $8,000, with nearly 30% having no income at all
- 60% of surveyed individuals reported having to choose between paying fees/fines and necessities like utilities, groceries, and housing
Criticisms
The system has faced several criticisms:
- Disproportionate impact: The costs disproportionately affect low-income individuals and people of color
- Cycle of poverty: Inability to pay can lead to additional penalties, license suspensions, and even incarceration, trapping people in cycles of poverty and debt
- Barrier to reintegration: Criminal justice debt can make it harder for individuals to reintegrate into society after serving their sentences
- Voting rights: In Alabama, individuals with past felony convictions must pay all court-ordered fees and fines to have their voting rights restored
- Questionable constitutionality: Despite Supreme Court rulings against debtors' prisons, people are still sometimes jailed for inability to pay, raising constitutional concerns
- .
Reform Efforts
Some organizations are working to address these issues:
- The Equal Justice Initiative is modeling a project to provide assistance in relieving unjust court fees and fines
- Alabama's Rules of Criminal Procedure provide some protections, such as requiring courts to consider a defendant's ability to pay when imposing fines
While these efforts represent steps in the right direction, the system of fines, fees, and court costs in Alabama continues to be a significant challenge for many individuals involved in the criminal justice system.
Citations:
[1]
https://eforms.alacourt.gov/media/e...-costs-fees-and-fines-in-municipal-courts.pdf
[2]
https://www.alarise.org/resources/criminal-justice-debt-a-modern-day-debtors-prison/
[3]
https://eji.org/projects/fees-and-fines/
[4]
https://judicial.alabama.gov/docs/library/rules/cr26_11.pdf
[5]
https://finesandfeesjusticecenter.org/articles/alabama-rules-criminal-procedure-fines-restitution/
[6]
https://alabamaappleseed.org/fines-and-fees/
[7]
https://casetext.com/statute/code-o...-upon-release-of-inmate-from-physical-custody