Judge rejects Tutwiler plan

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By Bob Johnson
The Associated Press


A federal judge has rejected the state's plan to relieve overcrowding at its prison for women, and has given prison officials and Gov. Bob Riley until Friday to come up with a new plan.

U.S. District Judge Myron Thompson, who made the ruling Monday, had ruled in December that Tutwiler prison for women in Wetumpka was "a ticking time bomb" and said the facility was severely overcrowded and undermanned. The ruling was in response to a lawsuit filed by the Southern Center for Human Rights on behalf of 15 inmates at Tutwiler.

Riley's spokesman, David Azbell, said the governor's attorneys are evaluating Thompson's latest order, including whether they should ask for more time, and would have a response by Friday.

Attorneys for the inmates could not be reached for comment Monday.

State prison officials responded to Thompson's December order by submitting a plan with the court that asked Thompson to block counties from sending additional inmates to Tutwiler and that promised to ask the Legislature for $60 million to build a new women's prison.

Thompson, in the new order filed last week, rejected the state's plan, saying he does not have the authority to stop counties from transferring inmates to a state prison. He pointed out that the state is under an order from a state judge to get its inmates out of county jails.

Thompson also said much of the state's plan is based on the assumption that the state does not have the money to hire additional guards and make other improvements.

"The defendants should submit a new plan which assumes that the funds necessary to address the unconstitutionally unsafe conditions at Tutwiler will be made available," Thompson said in his order.

Thompson also said new Gov. Bob Riley would now have an opportunity to participate in preparing the new plan. The original plan was developed during Gov. Don Siegelman's administration.

Department of Corrections spokesman Brian Corbett said the latest order gives prison officials a chance to address specific issues brought up by Thompson.

During a hearing last month, attorneys for the inmates asked Thompson to order the state to hire 58 more guards for Tutwiler.

The prison near Wetumpka was built in the 1940s to hold a maximum of 364 inmates and now houses 1,017.