MONTGOMERY– Alabama Department of Corrections Commissioner John Hamm informed Governor Ivey the “top-to-bottom” review of the state’s execution process is complete. Upon receiving word from Commissioner Hamm, Governor Kay Ivey asked Attorney General Steve Marshall to ask the Supreme Court to issue an execution warrant for an eligible death row inmate whenever he deems appropriate.
Alabama Department of Corrections Commissioner John Hamm’s letter to Governor Ivey
Dear Governor Ivey:
Last fall, you tasked the Department of Corrections with conducting a “top-to-bottom” review of our execution process. I am writing to report that our review is now complete. The Department conducted an in-depth review of our execution process that included evaluating: the Department’s legal strategy in capital litigation matters, training procedures for Department staff and medical personnel involved in executions, increasing the number of medical personnel utilized by the Department for executions, assisting medical personnel participating in the process, and the equipment on-hand to support the individuals participating in the execution. During our review, Department personnel communicated with corrections personnel responsible for conducting executions in several other states. Our review also included thorough reviews of execution procedures from multiple states to ensure that our process aligns with the best practices in other jurisdictions.
After discussing the matter with my staff, I am confident that the Department is as prepared as possible to resume carrying out executions consistent with the mandates of the Constitution. This is true in spite of the fact that death row inmates will continue seeking to evade their lawfully imposed death sentences.
When undertaking our review, I pledged that “Everything is on the table — from our legal strategy dealing with last minute appeals, to how we train and prepare, to the order and timing of events on execution day, to the personnel and equipment involved.” Each of these areas has been considered.
At your request, the Supreme Court of Alabama changed its rule for scheduling executions. Before the amendment to Rule 8(d)(l) of the Alabama Rules of Appellate Procedure, the Supreme Court of Alabama would issue a single-day execution warrant that would expire at midnight. As you know, this caused unnecessary deadline pressure for Department personnel as courts issued orders late into the night in response to death-row inmates’ last-minute legal challenges. Now, under the new rule, the Court will issue an order permitting you to set a “time frame” for the execution to occur. This change will make it harder for inmates to “run out the clock” with last-minute appeals and requests for stays of execution.
The Department has also decided to add to its pool of available medical personnel for executions. The vetting process for these new outside medical professionals will begin immediately. In addition, the Department has ordered and obtained new equipment that is now available for use in future executions.
Finally, Department personnel have conducted multiple rehearsals of our execution process in recent months to ensure that our staff members are well-trained and prepared to perform their duties during the execution process. We will continue to update our rehearsal and training procedure to ensure that Department personnel are in the best possible position to carry out their responsibilities during the execution process.
As you said on November 21, 2022, “For the sake of the victims and their families, we’ve got to get this right.” After completing this thorough review, I am confident that the Department is as ready as possible to deliver closure for victims’ families and justice for all Alabamians.
Sincerely,
Q. Hamm
Commissioner
Governor Ivey’s letter to Attorney General Steve Marshall
Dear Mr. Attorney General:
Late last year, I asked you to withdraw two requests to set execution dates that were pending with the Alabama Supreme Court. I also asked you to refrain from seeking any further execution dates to allow the Department of Corrections an opportunity to conduct a “top-to-bottom” review of its execution procedures. Thank you for your assistance in this regard.
Far too many Alabama families have waited for far too long—often for decades—to obtain justice for the loss of a loved one and to obtain closure for themselves. This brief pause in executions was necessary to make sure that we can successfully deliver that justice and that closure.
Now it is time to resume our duty of carrying out lawful death sentences. Earlier today, Commissioner Hamm informed me that the Department’s review is complete and that the Department is as prepared as possible to carry out death sentences going forward, consistent with the Constitution and even knowing that death-row inmates will continue doing everything within their power to evade justice.
Whenever you deem appropriate, please ask the Supreme Court to issue an execution warrant for an eligible death row inmate.
Sincerely,
Kay Ivey Governor
Media Release/Office of Alabama Governor Kay Ivey
Alabama Arise executive director Robyn Hyden released the following statement Friday in response to Gov. Kay Ivey’s announcement that an internal review of executions in Alabama has ended:
“All Alabamians deserve equal justice under the law. Unfortunately, the Department of Corrections’ internal review of the state’s execution process did not resolve many of the injustices that remain throughout our capital punishment system.
“The department still needs to pull back the curtains and provide greater public transparency on execution procedures. Legislators must do their part as well to reduce the unfairness of Alabama’s death penalty. An important first step would be retroactively applying the state’s 2017 ban on judicial override, a practice that allowed judges to impose death sentences despite a jury’s recommendation otherwise.
“Lawmakers also should require unanimous agreement from jurors to sentence someone to death. And Alabama should provide state funding for appeals of death sentences, as other states with capital punishment do.
“Our state’s death penalty is broken and should be abolished. Short of that, these policy changes would be important steps to reduce the inequities that pervade capital punishment in Alabama.”
Media Release/Chris Sanders
Communications Director
Alabama Arise/Alabama Arise Action
