MONTGOMERY — Republican lawmakers are attempting to crack down on the early release of inmates for “good time” behavior incentives in response to the death of a law enforcement officer last year.

Alabama Sen. April Weaver of District 14, which represents portions of Bibb, Shelby and Chilton counties, said she brought forth the proposal, the Deputy Brad Johnson Act, in response to the death of former Bibb County Deputy Brad Johnson.

In June 2022, Johnson was pursuing a stolen vehicle when he was shot and killed by the suspect — a man who was released from prison early for good behavior despite a history violent incidents.

“The person that killed Deputy Johnson had been released on good time. His killer should have been behind bars,” Weaver said. “He had (previously) escaped from DOC custody (while incarcerated) and was still earning good time. This is unacceptable. Since that time, I’ve been working with a lot of law enforcement officials and agencies around the state trying to figure out what we as a state can do better to tighten up our lenient good time laws.”

Under existing law, inmates sentenced to 15 or fewer years in prison can receive “good time” behavior incentives toward reducing their time in prison. An estimated 10 percent of the more than 26,000 inmates in Alabama are eligible for the good time incentive.

SB 1 — which was favorably reported out of the Senate Judiciary Committee March 22 in a 9-4 vote — would drastically increase the amount of time a prisoner must spend in a certain classification before he or she can move up in classification.

Per the proposal, a prisoner who “faithfully observed the rules for a period of time” can earn a deduction from the term of his or her sentence as follows:

• 30 days (currently 75 days) for each 30 days actually served while the prisoner is classified as a Class I prisoner.

• 15 days (currently 40) for each 30 days actually served while the prisoner is a Class II prisoner.

• Five days (currently 20) for each 30 days actually served while the prisoner is a Class III prisoner.

No good correctional incentive time would accrue during the period the prisoner is classified as a Class IV prisoner, which is existing law.

Committee chair Sen. Will Barfoot, a District 25 Republican, said the proposed bill does not keep inmates in longer than they expected to be at their sentencing.

“For example, under current law, in a 10-year sentence, an inmate could lose that good time and could spend up to 10 years on that sentence, so the implementation of the amended bill would not mean that for sure that inmates stay in there longer than they currently could be in custody now for,” Barfoot said.

Those opposed to the bill fear that reducing the number of days earned for good time credit could further incite frustration and inmate violence.

“This is one of the only tools that DOC has at some point in time to deal with these inmates, to get them to go to classes, to get them to go into SAP program, to get them to go into other programs where they know they’re gonna get credit,” Democrat Bobby Singleton said. “But if they’re sitting around doing nothing and feel like ‘I’m not gonna get credit for doing anything, so I might as well do something criminal sitting on my bunk today. I might as well commit me another assault.’”

Under the proposal, inmates would forfeit good incentive time if he or she commits or attempts while incarcerated: homicide, escape, assault that causes serious physical injury, seizing or holding a hostage in any manner, sexual assault, inciting a riot, rioting, fighting with a weapon that results in serious physical injury and arson.

Sen. Lance Bell, a Republican representing Shelby, St. Clair and Talladega counties, voted to support the bill at the committee meeting.

“It’s more of a safety issue from the people that are gonna continue being bad whether they’re locked up or out in the public, and that’s why I support the bill,” Bell said. “They’re gonna continue getting in trouble when they get out, and the longer we can keep them behind bars the safer our families are.”

Republican Sen. Greg Albritton, who also voted in favor of SB 1, expressed concerns about the lack of space and beds available in prisons for the continued housing of inmates under the proposal.

He attempted unsuccessfully to add an amendment to the bill that would have delayed the effective date of SB 1 until the DOC certifies that bed space is available to implement the bill.

“We have closed several (prisons). The number of available space of beds, if you will, is declining. We don’t have room for people,” Albritton said. “Yes, we need to lock them up but when we don’t have locks, we don’t have cells, we don’t have doors, we don’t have guards, where will they wind up being? How do we keep them? How do we protect the public in that way in that fashion?”

Amid a shortage of correctional officers statewide and a federal lawsuit by the Department of Justice against the state for overcrowded and violence in prisons, accompanying documents to SB 1 suggest that, if passed, the bill could have a larger impact on the state’s budget since it results in prisoners serving longer periods of confinement in a local or state correctional facility than otherwise provided by current law.

The Alabama DOC estimates the cost of housing an inmate at approximately $80 per day.

Singleton said the bill could also have a negative impact on court systems in fewer pleas and more trials if good time is changed.

“At the court, at the pretrial sentencing when someone wants to plea, good time is usually offered in those pleas. When good time is not offered, and if I can’t get good time, I might as well take my chance and go to trial. What does that do — back up the trial docket more and more and more.”

The House version of the bill, HB 9, sponsored by Rep. Russell Bedsole (R-Dist. 11), also received a favorable report from the House Public Safety and Homeland Security Committee March 22.