Under the impetus of federal litigation in Newman v. Alabama, on March 22, 1983, Alabama Commissioner of Corrections Freddie Smith instituted the Supervised Intensive Restitution (SIR) Program in the Alabama prison system. Under the program, which was created under Code of Ala. (1975) §14-8-61, the Alabama prisons released hundreds of inmates back into the general population, often several years before their sentences were completed. The prisoners were supervised and required to work, but after three months of release, the supervision decreased.

Alabama Attorney General Charles Graddick filed this lawsuit against the Commissioner of Corrections in the Circuit Court for Montgomery Alabama. He asked the court to permanently enjoin the Commissioner from releasing any more prisoners under the SIR program and to declare that the program exceeded the authority of the Department of Corrections to implement.

The case was heard by state Judge Joseph Phelps, who upheld Graddick's claim and enjoined operation of the program. At this point, the Newman plaintiffs sought the federal court's intervention. In that case, on November 4, 1983, Judge Varner held Attorney General Graddick in contempt, ordering the AG to pay $1 per prisoner per day for each prisoner held in crowded conditions. The Court also ordered Commissioner Smith to continue implementation of the SIR program, and the following month found him, too, in contempt, for failing to make adequate progress in solving crowding. But on appeal, both contempt sanctions were later vacated by the 11th Circuit. Newman v. Graddick, 740 F.2d 1513 (11th Cir. 1984). This led quickly to the final settlement and dismissal of the Newman litigation.

Kristen Sagar - 06/19/2007


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