OFFICE OF THE GOVERNOR Stare Carrroy Monroomery, ALABAMA 36130 Kay Ivey (334) 242-7100 GOVERNOR Fax: (334) 242-3282 STATE OF ALABAMA January 31, 2019 Via e-mail ‘The Honorable Lyn Head, Chair ‘The Honorable Clifford Walker, Associate Member ‘The Honorable Dwayne Spurlock, Associate Member Alabama Board of Pardons and Paroles P.O. Box 302405 Montgomery, AL 36130 Dear Board Members: We write in further response to the Board’s amended corrective action plan and certificate of substantial compliance which you submitted on December 28, 2018, in accordance with Executive Order 716. As you know, Governor Ivey previously wrote you on her own to express her immediate concerns about the Board’s new procedures for granting early parole consideration, At that time, she mentioned her expectation of additional follow-up once she had a chance to confer with Attorney General Marshall. This letter is that additional follow-up. As an initial matter, we appreciate Chairperson Head's phone call in response to Governor Ivey's concerns about early-parole consideration. Both of us—the Governor and the Attorney General alike—reject any loophole that would allow circumvention of the Board’s objective new criteria in this area, So we were relieved to hear from Chairperson Head that inclusion of the suspicious language was an oversight and that the Board has no intention of allowing such a loophole to persist. We look forward to seeing this issue more fully addressed when the Board adds the new criteria to its operating procedures, and we ask that you please let us know when that codification occurs. Beyond the early-parole-consideration issue, we write to register our concern with the Board’s plans to employ “independent consultants” to study officer caseloads and the agency’s employee morale, executive leadership, and organizational structure. In our letter to you last November, we repeatedly asked you to consult with the State Personnel Department about these matters. But according to our research, the Board has not done that, choosing instead to issue RFPs for a “workload analysis” and a “performance audit” to be performed by outside consultants at additional expense to the Board. Given the resources already available to the Board through the State Personnel Department, the Governor does not intend to approve any outside contract in these areas without the State Personnel Department's endorsement. That department tells us that it standsParole Board Members January 31, 2019 Page 2 ready and willing to assist the Board in addressing many, if not all, of these issues. Embarking on the Board’s intended RFP process, therefore, would likely squander more time and money before needed reforms can be implemented. In addition, we write to expand on Governor Ivey’s request, in her most recent letter, 10 provide monthly progress reports on the Board's implementation of its amended corrective action plan. At your earliest opportunity, we ask you to provide a timeline consisting of dates by which the public may evaluate the Board's implementation of each proposal in its corrective action plan. ‘As Governor Ivey noted in her latest letter to you, several aspects of the Board’s plan strike us as serious proposals to improve the Board’s operations. But without meaningful deadlines, these proposals may never get off the ground. Establishing timelines now, at the outset, should permit you to more effectively pursue the reforms that we all agree are necessary Thank you, again, for your cooperation throughout this process, We will continue to reflect on the events surrounding Executive Order 716 with an eye toward identifying any legislative changes that may need to be made. In the meantime, however, we look forward to receiving your monthly reports and witnessing your continued diligence in making needed operational reforms. Sincerely, Ka 2 fey Me Madly Kay Ivey Steve Marshall Governor Attorney General