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SB316 INTRODUCED
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SB316
NRVQ1T8-1
By Senators Stutts, Figures, Beasley, Smitherman, Singleton,
Woods, Kitchens, Coleman-Madison
RFD: Judiciary
First Read: 19-Feb-26
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NRVQ1T8-1 02/18/2026 CMH (L)CMH 2026-823
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First Read: 19-Feb-26
SYNOPSIS:
This bill would establish the position of Prison
Oversight Coordinator in the Alabama Department of
Examiners of Public Accounts to monitor and inspect the
activities and treatment of inmates in correctional
facilities of the Department of Corrections.
This bill would prohibit discrimination or
retaliation against any person for cooperating with the
prison oversight coordinator.
This bill would provide for the investigation
and special prosecution of criminal activity in
correctional facilities.
This bill would also establish the Corrections
Oversight Board and would provide for its appointment,
powers, and duties.
A BILL
TO BE ENTITLED
AN ACT
Relating to prisons; to establish the position of
Prison Oversight Coordinator in the Alabama Department of
Examiners of Public Accounts; to establish the powers and
duties of the prison oversight coordinator; to require the
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duties of the prison oversight coordinator; to require the
prison oversight coordinator to inspect correctional
facilities of the Department of Corrections; to prohibit
discrimination or retaliation; to establish the Corrections
Oversight Board and provide for its powers and duties; and to
provide for the criminal investigation and prosecution of
criminal cases arising in correctional facilities.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For purposes of this act, the following
terms have the following meanings:
(1) FACILITY. A criminal correctional and detention
facility.
(2) INMATE. An individual convicted of a crime and
sentenced to a term of confinement of more than a one-year
duration.
(3) OVERSIGHT BOARD. The Corrections Oversight Board
created by the Legislature to oversee the prison oversight
coordinator.
(4) PERMANENTLY INCAPACITATED INMATE. A state inmate
who possesses a permanent, irreversible physical or mental
health condition that prevents him or her from being able to
perpetrate a violent physical action upon another person or
self or initiate or participate in a criminal act. The medical
or mental health treatment or need for assistance of such
individual requires daily assistance from a caretaker or a
long-term skilled medical or rehabilitation center to perform
or assist with activities of daily living, such as ambulation,
dressing, and bathing, or requires medications or treatments,
such as hemodialysis, to sustain life which require regular
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such as hemodialysis, to sustain life which require regular
diagnostic tests to monitor therapeutic effectiveness.
(5) PRISON OVERSIGHT COORDINATOR. The individual
employed within the Department of Examiners of Public Accounts
to assist in the coordination of the operations of the Joint
Prison Oversight Committee and its staff.
Section 2. (a) The Office of Prison Oversight
Coordinator is created within the Alabama Department of
Examiners of Public Accounts to assist the Joint Prison
Oversight Committee. The office shall be under the supervision
of the Prison Oversight Coordinator who shall be appointed by
the Chief Examiner of the Department of Public Accounts. The
chief examiner may employ up to two additional employees to
assist performing the duties of the office.
(b) The Office of Prison Oversight Coordinator shall do
all of the following:
(1) Monitor the occurrence of systemic issues within
the Department of Corrections which negatively impact the
health, safety, welfare, and rehabilitation of individuals in
the custody of the department.
(2) Monitor the safety and retention of correctional
officers and staff.
(3) Provide recommendations to effectively reduce the
department's risk of exposure to litigation.
(4) Report all findings to the Corrections Oversight
Board and the Joint Legislative Prison Oversight Committee
along with recommendations for improved outcomes.
(c) The Alabama Department of Examiners of Public
Accounts shall designate permanent office space for the use of
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Accounts shall designate permanent office space for the use of
the office of prison oversight coordinator. The permanent
office space shall not be located within the Department of
Corrections.
(d) The warden or other administrator of each
correctional facility of the Department of Corrections shall
designate suitable temporary workspace within the facility for
the prison oversight coordinator to freely conduct work or
meet with staff and inmates.
Section 3. (a) The prison oversight coordinator shall
conduct an initial inspection of all close and medium
correctional facilities of the department within 18 months of
the effective date of this act and all other correctional
facilities of the department within 24 months of the effective
date of this act. The prison oversight coordinator shall
conduct subsequent inspections of each such correctional
facility on a staggered basis as determined by the
correctional facility's safety and compliance classification
to assess all of the following:
(1) A summary of and compliance indicators for all
current facility policies and procedures governing inmate
care.
(2) Conditions of confinement.
(3) Availability of educational, rehabilitative and
reentry programming, drug and mental health treatment, and
inmate job and vocational training.
(4) All inmate visitation policies and procedures.
(5) All facilities designated to provide medical care
and the medical procedures and policies.
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and the medical procedures and policies.
(6) All current facility lockdown procedures and data,
and during initial assessment, the lockdown procedures and
data covering the previous three years.
(7) All the facility staffing plans, including, but not
limited to, the total number of jobs assigned to each
correctional staff, the ratio of staff to inmates at the
facility, the post charts for each facility, and the total
number of staff vacancies.
(8) All data for physical assaults, sexual assaults,
and use of force by correctional officers.
(9) All data for criminal charges or civil lawsuits
against correctional officers and staff, disciplinary action,
and any subsequent actions taken by the department, local
district attorney, and any other relevant party.
(10) During initial assessment, inmate and staff deaths
which occurred during the previous three years.
(11) The number of inmates who qualify as permanently
incapacitated.
(12) The number of submissions received by the
department's Constituent Services Unit from the facility and
how many were resolved.
(13) Any other facility operations the prison oversight
coordinator deems necessary.
(b) Within 90 days of completion of an inspection, the
prison oversight coordinator shall assign the facility a
safety and compliance classification. This classification
shall be divided into three tiers as follows:
(1) Tier 1 requires a subsequent inspection within 12
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(1) Tier 1 requires a subsequent inspection within 12
months and is used to classify maximum security facilities and
facilities that present clear violations of rights, risks to
the safety of inmates or staff, or severe lack of quality
programming for the successful rehabilitation of inmates.
(2) Tier 2 requires a subsequent inspection within 18
to 24 months and is used to classify facilities that may have
violations of rights, substandard conditions of confinement,
or substandard programming options.
(3) Tier 3 requires a subsequent inspection within 18
to 36 months and is used to classify facilities that have
adequate confinement conditions and appropriate programming
options.
(c) Within 90 days after the completion of an
inspection and designation of a safety and compliance
classification for a correctional facility, the prison
oversight coordinator shall produce a report to the Governor,
Corrections Oversight Board, and Joint Prison Oversight
Committee accurately describing inspection findings, the
safety and compliance classification designation, and
recommendations for remedial actions. The prison oversight
coordinator shall also provide a copy of the report to the
Commissioner of the Department of Corrections, Attorney
General, Senate Judiciary Committee, and House Judiciary
Committee. The prison oversight coordinator shall make the
report public by posting it on the publicly accessible website
of the Department of Examiners of Public Accounts after
redacting all personally identifiable information.
(d) The prison oversight coordinator's report shall
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(d) The prison oversight coordinator's report shall
include all of the following with respect to the correctional
facility:
(1) A summary of and a compliance indicator for each
facility's inmate care policies and procedures.
(2) A description of conditions of confinement.
(3) A catalog of available education and rehabilitative
programming, drug and mental health treatment, and inmate jobs
and vocational training.
(4) A summary of lockdown data.
(5) A summary of visitation policies and procedures.
(6) A list of available medical facilities and a
summary of the policies and procedures for each.
(7) The number of available staff for each facility and
a summary of existing policies regarding staff recruitment,
training, supervision, and discipline.
(8) A summary of physical assaults, sexual assaults,
and use of force incidents reviewed by the office.
(9) A summary of inmate and staff deaths that occurred
at the facility.
(10) The number of the population of permanently
incapacitated inmates pursuant to the Alabama Medical Furlough
Act, Section 14-14-2.
(11) A summary of any State Bureau of Investigations
(SBI) investigations of the facility.
(12) Recommendations for the improvement of safety and
facility conditions, rehabilitative and educational programs
and services, or ability of inmates to communicate with their
families.
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families.
(13) The recommended safety and compliance
classification for the facility and a timeline for the next
inspection.
(e) The Department of Corrections shall respond in
writing to each report issued by the prison oversight
coordinator within 30 days of issuance of the report, and the
response shall include a corrective action plan. The prison
oversight coordinator may conduct subsequent monitoring visits
as necessary.
(f) The Commissioner of the Department of Corrections
shall take any necessary actions to ensure the prison
oversight coordinator has access to enter any correctional
facility at any reasonable time to perform official duties
pursuant to this act. For purposes of this subsection, the
commissioner shall ensure the prison oversight coordinator may
do all of the following:
(1) Enter any correctional facility and confidentially
interview any inmate, department employee, department
contractor, or employees of other organizations or groups who
visit the facilities or conduct business at the facilities.
(2)a. Have the opportunity to regularly meet and
communicate privately and confidentially with inmates and
staff, including by private and confidential calls and mail.
b. The prison oversight coordinator shall have the sole
discretion to determine the appropriate method of
communication with inmates.
(3) Have reasonable access to all correctional
facilities of the department, including, but not limited to,
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facilities of the department, including, but not limited to,
all areas used by inmates, all areas accessible to inmates,
and inmate program areas at reasonable times, which at a
minimum must include normal business hours and visiting hours.
(4) Inform inmates of their rights and provide them
with information available through the office of prison
oversight coordinator.
(5) Monitor compliance with state and federal laws
governing the rights and safety of inmates.
(6)a. Inspect, view, photograph, and video record all
areas of the facility which are used by inmates or are
accessible to inmates.
b. All photographs taken and video recordings made by
the prison oversight coordinator which contain information
that identifies an incarcerated individual shall be treated as
confidential and exempt from public disclosure.
(7)a. Access, inspect, and copy all relevant
information, records, and documents in the possession and
control of the department.
b. The department shall assist in obtaining the
necessary releases for restricted confidential or privileged
documents. Upon receipt of a written request for access or
copies of department records, the department must provide the
access to or copies of the requested documentation by no later
than 10 business days from receipt of the request. For any
requested record regarding an inmate's death, threats of
bodily harm, including, but not limited to, sexual or physical
assaults or the denial of necessary medical treatment, the
department shall produce the records within three days unless
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department shall produce the records within three days unless
the position consents to an extension of time.
(g) When taking any action authorized pursuant to
subsection (f), the prison oversight coordinator shall
collaborate with the department to minimize disruptions to the
operations of the department and shall comply with the
department's security clearance protocols to the extent those
protocols do not unreasonably impede the activities outlined
in this section.
(h) The prison oversight coordinator shall consult with
the Alabama Department of Examiners of Public Accounts to
assist in the interpretation of the financial records of the
Department of Corrections. The prison oversight coordinator
may also request the Alabama Department of Examiners of Public
Accounts to perform an audit of the Department of Corrections
upon a reasonable belief that financial waste, fraud, or
impropriety has occurred.
(i) All correspondence and communication to or from the
prison oversight coordinator shall be deemed confidential and
shall be provided the same protection as privileged and legal
correspondence or communication.
(j) Members of the Legislature may consult with the
office of prison oversight coordinator regarding
communications received from constituents about conditions
within correctional facilities.
(1) The office of prison oversight coordinator shall
establish confidentiality rules and procedures for all
information received and maintained.
(2) The office of prison oversight coordinator shall
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(2) The office of prison oversight coordinator shall
treat all matters under review, including identities of
recipients of monitor services, complaints, and identities of
individuals from whom information is acquired, as
confidential, except to the extent disclosure may be necessary
to facilitate the performance of the prison oversight
coordinator's duties.
(3) Upon receipt of confidential or privileged
information protected from disclosure by state or federal law,
the office of prison oversight coordinator shall maintain the
confidentiality of the information and shall not further
disclose or disseminate the information except as authorized
by law. All records exchanged and communications between the
office of prison oversight coordinator and the Department of
Corrections are confidential and exempt from public
disclosure.
(4) Notwithstanding any provision of law to the
contrary, the prison oversight coordinator reasonably may
disclose to the appropriate department official confidential
information if necessary, and only to the extent required, to
reduce, stop, or prevent imminent danger or harm to an inmate,
staff member, or third party.
Section 4. (a) The prison oversight coordinator may
initiate and attempt to resolve an investigation upon its own
initiative, or upon receipt of a complaint from an
incarcerated person, a family member, a representative of an
incarcerated person, a Department of Corrections employee or
contractor, or others, regarding any of the following that may
adversely affect the health, safety, welfare, and rights of
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adversely affect the health, safety, welfare, and rights of
incarcerated people or correctional staff:
(1) Abuse or neglect.
(2) Conditions of confinement.
(3) Department of Corrections decisions or
administrative actions.
(4) Department of Corrections inactions or omissions.
(5) Department of Corrections policies, rules, or
procedures.
(6) Alleged violations of law by Department of
Corrections employees or contractors that may adversely affect
the health, safety, welfare, and rights of incarcerated
people.
(b) The prison oversight coordinator shall have
discretion whether to investigate or decline to investigate
any complaint. If the prison oversight coordinator does not
investigate a complaint, the prison oversight coordinator
shall notify the complainant in writing of the decision not to
investigate the reasons for the decision.
(c) The prison oversight coordinator may not
investigate any complaints relating to an inmate's underlying
criminal conviction.
(d) The prison oversight coordinator may not
investigate a complaint from a Department of Corrections
employee or contractor that relates to the employee or
contractor's employment relationship with the department
unless the complaint is related to the health, safety,
welfare, and rehabilitation of inmates or correctional staff.
(e) The prison oversight coordinator may refer a
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(e) The prison oversight coordinator may refer a
complaint to the appropriate resources or state agencies.
(f) The prison oversight coordinator may not levy any
fees for the submission or investigation of complaints.
(g) At the conclusion of an investigation of a
complaint, the prison oversight coordinator shall render a
public decision on the merits of the complaint, except that
the documents supporting the decision are subject to the
confidentiality provision of this section. The prison
oversight coordinator must communicate the decision to the
complainant, if any, and to the Department of Corrections. The
prison oversight coordinator must state its recommendations
and provide reasoning if, in the prison oversight
coordinator's opinion, the department or any employee or
contractor thereof should do any of the following:
(1) Consider the matter further.
(2) Modify or cancel any action.
(3) Alter a rule, practice, or ruling.
(4) Explain in detail the administrative action in
question.
(5) Rectify an omission.
(h) If the prison oversight coordinator so requests,
the department must, within the time specified, inform the
prison oversight coordinator in writing about any action taken
on the recommendations or the reasons for not complying with
the recommendations.
(i) If the prison oversight coordinator believes, based
on the investigation, that there has been or continues to be a
significant health, safety, welfare, or rehabilitative issue,
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significant health, safety, welfare, or rehabilitative issue,
the prison oversight coordinator must report the finding to
the Governor, the Attorney General, the Joint Prison Oversight
Committee, and the Commissioner of the Department of
Corrections.
(j) In the event that the department conducts an
internal disciplinary investigation and review of one or more
of its staff members as a result of an office investigation,
the department's disciplinary review may be subject to
additional review and investigation by the prison oversight
coordinator to ensure a fair and objective process.
(k) Before announcing a conclusion or recommendation
that directly or indirectly criticizes an individual or the
department, the prison oversight coordinator shall consult
with that individual or the department. The prison oversight
coordinator may request to be notified by the department,
within a specified time, of any action taken on any
recommendation presented.
(l) The department and its employees and contractors
shall not discharge, retaliate against, or in any manner
discriminate against any individual because the individual has
filed any complaint or instituted or caused to be instituted
any proceeding under or related to this subsection.
(1) Any alleged discharge, retaliation against, or
discrimination against a complainant may be considered by the
prison oversight coordinator as an appropriate subject of an
investigation.
(2) Any department employee or contractor who believes
that he or she has been discharged or otherwise discriminated
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that he or she has been discharged or otherwise discriminated
against by any individual in violation of this subsection,
within 30 days after the violation occurs, shall be eligible
to file a wrongful termination action in the circuit court.
Section 5. (a) An employee or contractor of the
department shall not discriminate or retaliate in any manner
against any agency, institution, employee, subcontractor,
inmate or inmate's family member, volunteer, or other
individual who provides information in good faith to the
prison oversight coordinator or willfully interfere with the
prison oversight coordinator in the performance of its
official duties.
(b) The department, an agency, or an individual may not
bring a civil action against the prison oversight coordinator
or any employee of the office of prison oversight coordinator
for the good faith performance of responsibilities under this
section.
(c) This section shall not affect the rights of the
department to supervise, discipline, or terminate an employee
for other justifiable reasons.
Section 6. (a) Not later than 180 days from the
effective date of this act, the Corrections Oversight Board
shall be established, consisting of the following members:
(1) Two members of the Senate, one of whom shall be
appointed by the President Pro Tempore of the Senate, and one
of whom shall be appointed by the Minority Leader of the
Senate. The President Pro Tempore shall select one of these
members to serve as co-chair.
(2) Two members of the House of Representatives one of
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(2) Two members of the House of Representatives one of
whom shall be appointed by the Speaker of the House of
Representatives, and one of whom shall be appointed by the
Minority Leader of the House of Representatives. The Speaker
of the House of Representatives shall select one of these
members to serve as co-chair.
(3) The following members appointed by the Legislative
Prison Oversight Committee:
a. One representative of an inmate advocacy
organization.
b. One representative of an organization that provides
training or rehabilitation programs for incarcerated inmates.
c. One representative of a victim advocacy
organization.
d. One male who was formerly incarcerated in the
Department of Corrections.
e. One female who was formerly incarcerated in the
Department of Corrections.
f. One physician currently or previously holding a
license to practice medicine in the state.
g. One mental health or behavioral health professional
currently or previously holding a license in mental health
counseling, and has a background of providing mental health
services or counseling to incarcerated adults.
h. One individual who is a parent, grandparent, child,
sibling, or spouse of a currently incarcerated inmate of the
department.
(b) Members appointed pursuant to this section shall
serve three-year terms.
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serve three-year terms.
(c) The appointing authorities shall coordinate their
appointments to assure the oversight board's membership is
inclusive and reflects the racial, gender, geographic, urban,
rural, and economic diversity of the state.
(d) Members appointed pursuant to this subsection shall
not be current employees or contractors of the department;
shall not have parents, children, spouses, or domestic
partners who are current employees or contractors of the
department; and shall not have been an employee or contractor
of the department at any time during the 10 years prior to
their appointment to the board.
(e) The board shall convene upon any of the following
occurring:
(1) A majority of the members call for a meeting.
(2) One of the co-chairs call for a meeting.
(3) The board has an annual public hearing.
(f) Board members shall not be entitled to compensation
but shall be entitled to reimbursement of actual expenses
incurred that are directly related to the duties of serving as
a member of the board.
(g) The board shall hold at least one annual public
hearing each year to present, review, and discuss the office
of prison oversight coordinator's inspections, findings,
reports, and recommendations set forth in reports and shall
hold quarterly public hearings to present, review, and discuss
any other data, reports, or findings of the position the
oversight board deems relevant. There shall be made available
to the public an online comment submission form and
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to the public an online comment submission form and
opportunity to testify at any quarterly public hearings held
by the board.
Section 7. Employees of the Department of Corrections
shall report all violations of the law relating to prisons,
correctional facilities, and employees and inmates of the
Department of Corrections to the State Bureau of
Investigations. The bureau shall investigate all reported and
discovered violations and, where applicable, refer the
violations to the appropriate district attorney. All
indictments for violations shall be tried in the circuit court
of the county where the offense was committed.
Section 8. Each district attorney's office with a close
or medium security correctional facility in its circuit shall
be provided one special prosecutor to investigate and
prosecute criminal cases directed to the office.
Section 9. This act shall become effective on October
1, 2026.
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