Alabama Attorney General Steve Marshall continued to elevate a tough-on-crime message during a speech before a college conservative organization on Monday, despite concerns raised over the prospects of a state prisoner release if federal officials take over Alabama’s prisons.

Marshall downplayed the concern, while highlighting legislation this session aimed at restricting early release for state prisoners, enhancing penalties against gang activity, and legislation restricting parole eligibility for a repeat criminal offender.

He also blasted left-leaning prosecutors for backing policies that he believes have led to a crime uptick in large metropolitan cities nationwide.

“The reality is that prosecutors are those gatekeepers of the criminal justice system,” Marshall said during an event hosted by Turning Point USA at the University of South Alabama. Turning Point USA was founded a decade ago by GOP activist Charlie Kirk and operates a controversial “professor watchlist” to identify college professors viewed as discriminatory toward college conservatives.

“When you have certain prosecutors and say, ‘we will ignore crime’ or they look in a different direction because either it’s quality of life crimes that ‘don’t matter’ or they are non-violent property offense that are ‘not something we value as important,’ well tell that to people of San Francisco … Chicago and New York City. They will tell you a very different story.”

His comments come ahead of legislation surfacing before the full Alabama House today that should slash the amount of “good time” inmates can receive, which critics fear will lead to further overcrowding of the state’s prisons.

But legislation aimed at putting more inmates into the state’s deadly prisons is alarming some folks about whether there could be a widespread release if federal authorities take over Alabama’s prisons.

During a Q&A session portion of the nearly two-hour session, Marshall was asked if a federal takeover of the state’s prisons would nullify the tough-on-crime legislation pitched this year.

Marshall cited the concerns stemming from California in 2011, in which the U.S. Supreme Court ruled 5-4 that the state had to vastly reduce its prison population within two years out of concerns over the prisons.

He said he does not believe Alabama will face a similar scenario.

“We are a long way before of any of that being in place,” Marshall said. “There are multiple stages a federal judge has to go through before releasing inmates.”

He added, “We have a fundamental responsibility to make sure we have safe and appropriate environments for our prisons. It doesn’t mean it’s a Holiday Inn. But at the same time, it should meet constitutional standards for care of our inmates and guards and that remains a priority.”

Good time law

For now, Marshall said his focus is on the legislative session and advancing priorities that could keep state prisoners locked up for longer terms.

One such legislation is named after Brad Johnson, the Bibb County sheriff’s deputy who was shot and killed in 2022. The accused killer had been released early from prison under the state’s good time incentives, despite escaping from a work release center in 2019. He had served less than four years of a nearly 10-year prison sentence for theft.

“It will rectify many of the wholesale problems in our good time law,” Marshall said.

Under the proposal, inmates who commit certain offenses while in prison – including attempting an escape – forfeit all their accrued time and would be prohibited from earning additional credits for early release.

Critics say the legislation, approved already by the Alabama Senate, will exacerbate the overcrowded conditions at Alabama’s prisons. The prison conditions are the subject of an ongoing lawsuit by the federal government, which has long threatened to take partial or full control of the institutions.

“(The legislation) also says we are not going to give you good time credit if, in fact, you assault an inmate or assault a guard or escape from prison,” Marshall said. “I’ve been called ‘radical’ for believing that. Can you imagine? We are not going to give you credit because you are beating on someone else. If that’s ‘radical,’ call me ‘crazy.’ I think if you incentivize good behavior, you ought to hold (inmates) account for that.”

About 13% of state prisons are eligible for good time incentives, which allows certain inmates sentenced to 15-year terms or fewer to earn up to 75 days of credit for every 30 days of good behavior they display while incarcerated.

The legislation’s advancement through the supermajority GOP Legislature comes after Alabama Gov. Kay Ivey, through an executive order in January, set forth parameters for inmates to have good time restored. That move was also criticized for instituting harsh guidelines at a time the state prisons are plagued with overcrowding.

‘Violent’ offenders, gangs, parole

Marshall also shot back at critics for suggesting that certain crimes not be classified as “violent,” which would further restrict whether an inmate would be eligible for early release. A dispute over the classification of a violent offense has surfaced within the past year, with tough-on-crime politicians arguing that nearly all inmates in the state prisons are considered “violent.”

Marshall said drug traffickers commit what he labels as “violent” offenses, pointing to the rash of fentanyl overdoses that continue to plague Alabama and elsewhere. Lawmakers recently approved legislation that creates among the harshest penalties in the country against traffickers of illicit fentanyl.

“Over 80 percent of those in prison are there for violent offenses,” Marshall said. “It’s interesting, we have some on the left who want to criticize us for that stat. (They will say that) ‘drug trafficking, that’s not a violent offense.’ Oh really? Tell that to the cartel. Go have that discussion about the loss of life occurring from fentanyl on our streets and those who are dead as a result of it. Those are violent offenses.”

Marshall, meanwhile, said he anticipates legislation called the “Alabama Gang Prevention Act” rolled out soon that will increase penalties against people who commit crimes to support or promote a criminal gang which constitutes three or more people. The legislation will also set a minimum prison term for carrying or using a gun during a gang-related crime.

He said the only legislation on gang-related law in the state is related to recruitment of people into gangs.

“We don’t have any laws that try to de-incentivize those coming together for bad purposes,” Marshall said. “That needs to change, especially when we are seeking record homicide rates occurring in our cities.”

He also said he anticipates movement on SB97, which disqualifies an inmate from any consideration of early parole if he or she is charged with a criminal offense that is punishable by up to six months in prison.

That legislation is inspired by the fallout of murderer Jimmy O’Neal Spencer, killed two women and 7-year-old boy in 2018, less than one year after being granted early release from prison. The killing is credited to motivating the state to begin denying the number of paroles granted, plummeting to an all-time low of only 10% of inmates granted parole last year.

“He shouldn’t have been eligible for parole,” Marshall said. “There was no reason why he should’ve been out.”

He added, “Interestingly after Spencer was a paroled and committed the three murders, and was charged with capital murder, he became eligible for (parole) on that same offense. Call me crazy, but it’s what the law is allowed. We need to close that loophole.”

Marshall said he would not anticipate the parole board to let Spencer out early again. But he said the mere potential of it happening was concerning.

“Absolutely, he shouldn’t be given that privilege,” Marshall said. “We want to see the legislature close that loophole and we think it will be valuable.”