Alabama prison audit uncovers culture of secrecy and blocked oversight
An independent audit of Alabama's Department of Corrections found systemic secrecy and withheld records, forcing auditors to issue a subpoena. The 367-page report comes ahead of a federal prison conditions trial.
Alabama prison audit finds secrecy, blocked records and calls for culture change
A 367-page independent audit of the Alabama Department of Corrections (ADOC) has found an "underlying sense of secrecy within the agency, whether perceived or actual," newsfromthestates.com reports, with examiners forced to issue a subpoena to obtain basic records from the department.
The audit, released on Friday by the Alabama Department of Examiners of Public Accounts (ADEPA) — a legislative oversight body — was conducted between May and October. It found that all requests from examiners had to be routed through ADOC's Legal Division, a requirement ADEPA described as atypical and obstructive.
"Records that should be readily available at any state agency were not at ADOC. Ultimately, ADEPA had to issue a subpoena to ADOC to obtain certain records," the audit stated. Examiners noted that such a step is "highly unusual" in their oversight work.
The findings arrive as ADOC prepares for a federal trial scheduled for 30 November, in which the U.S. Department of Justice — which filed suit in 2020 — will challenge conditions in Alabama's men's prisons. That lawsuit followed federal reports in 2019 and 2020 documenting the use of excessive force by corrections officers and physical and sexual assault of incarcerated men.
ADOC Commissioner Greg Lovelace acknowledged in the department's formal response that improvements could be made, but cautioned against drawing broad conclusions from the audit's scope. "ADEPA's Report, including conclusions drawn from limited samples and observations made at a particular point in time, should be cautiously considered. A facility condition observed during a visit reflects what was present on that day; it does not, alone, indicate conditions during the remaining days of the year," Lovelace said. An ADOC spokesperson stated Monday the agency had no additional comment beyond Lovelace's letter.
The audit also cited problems at ADOC's central office in Montgomery beyond the access issues. Examiners found that key staff members were frequently unfamiliar with the department's own Administrative Rules and Regulations and Standard Operating Procedures. "Numerous times throughout this review, key central office staff referenced what the ARs stated, and their reference was either inaccurate or was not the actual procedure taking place at the facility," the report noted.
ADEPA called for leadership that would drive "a fundamental change of culture" within the department. "If ADEPA is forced to operate with restricted access, this reflects a significant disregard for the oversight functions that are essential to ensuring transparency, accountability and effective governance within ADOC and the prison system," the audit said.
The audit was carried out as part of a pilot programme stemming from legislation sponsored by Senator Larry Stutts, a Republican from Tuscumbia, which did not pass this spring. Stutts said in a phone interview Monday that he had not yet fully reviewed the document but that what he had read confirmed the need for change. "It starts from the top, and we've got to change the culture of the Department of Corrections," Stutts said. "We can't move into a new facility and take the old culture with us." He indicated plans to file a similar bill that would formally authorise ADEPA to investigate the activities and treatment of people housed in state prisons.
Elaine Burdeshaw, Policy and Advocacy Director at Alabama Appleseed, a nonprofit focused on criminal justice reform, said the findings validated the need for the pilot programme. "The fact that the one entity that most people could agree would be able to create this transparency — even they struggled to get information," Burdeshaw said in a phone interview Monday. "Even their access was restricted in their own words, to the point that they had to issue a subpoena at one point."
The audit's release also adds pressure ahead of a major infrastructure commitment. The state is planning to open a $1.25 billion, 4,000-bed men's prison in Elmore County, a project that has been delayed multiple times. A second facility in Escambia County was intended to be built with the same funds, but combined costs have since risen to nearly $2.25 billion, drawing growing criticism from legislators.
Governor-elect Tommy Tuberville, a Republican, has pledged to overhaul the department upon taking office. His team had not responded to multiple requests for comment by Monday. Stutts said he has spoken with Tuberville about selecting a new commissioner to replace Lovelace, who was appointed by outgoing Governor Kay Ivey in May.
"That's the governor's appointment, and I'm sure that he's going to look for somebody with the mindset that we've got to change the culture and change how we do things," Stutts said.
House Speaker Nathaniel Ledbetter, a Republican from Rainsville, said in a statement Monday that improving the department was a top priority, expressing confidence in Tuberville's forthcoming appointment. "That begins with Coach making a strong appointment to head up that agency, which is something I have full faith in him doing," Ledbetter said. "We will follow his lead and look for opportunities on the legislative side to back him up."
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