Ex parte Jones
Decision Date | 16 September 2022 |
Docket Number | 1210194 |
Parties | Ex parte Whitney Owens Jones v. State of Alabama In re: Whitney Owens Jones |
Court | Alabama Supreme Court |
Mobile Circuit Court: CC-18-5443; Court of Criminal Appeals CR-18-0997
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
In January 2018, Whitney Owens Jones, an inmate in the Mobile County Metro Jail and a participant in the jail's work-release program, left her work-release job and did not return to the work-release barracks. As a result, Jones was charged with, and convicted of, second-degree escape, a felony. See Ala. Code 1975, § 13A-10-32. The Alabama Court of Criminal Appeals affirmed Jones's conviction. We granted certiorari review to consider whether an inmate, like Jones, who escapes from a county work-release program authorized pursuant to Ala. Code 1975, §§ 14-8-30 through 14-8-44 (), may be convicted of escape pursuant to one of the escape statutes in the Alabama Criminal Code,[1] Ala. Code 1975, §§ 13A-10-30 through 13A-10-33 ("the escape statutes"), which would be punishable as a felony, or whether such an escape is punishable only as a misdemeanor pursuant to Ala. Code 1975 §§ 14-8-42 and 14-8-43. We conclude that escapes from county work-release programs are governed by the escape statutes. Accordingly, we affirm the judgment of the Alabama Court of Criminal Appeals.
The Court of Criminal Appeals summarized the pertinent facts as follows:
Jones v. State, [Ms. CR-18-0997, Apr. 23, 2021] __ So.3d __, (Ala.Crim.App.2021) ( ).
The Court of Criminal Appeals rejected Jones's argument that she could have been convicted only of a misdemeanor pursuant to §§ 14-8-42 and 14-8-43. That court concluded that the record did not establish that Jones was a "county inmate" at the time of her escape.
Jones was charged with and convicted of second-degree escape pursuant to § 13A-10-32, one of the three statutes in the Alabama Criminal Code defining and classifying escape offenses. Escape in the second degree is defined as follows "A person commits the crime of escape in the second degree if he escapes or attempts to escape from a penal facility." § 13A-10-32(a). Furthermore, "[e]scape in the second degree is a Class C felony." § 13A-10-32(b). We note that Jones was initially indicted for third-degree escape, a Class C felony, see § 13A-10-33(b), which is defined as an "escape[] or attempt[ed] … escape from custody." § 13A-10-33(a). Jones, however, argues that, because she was a county inmate in a county work-release program, her conduct falls under § 14-8-42.[2] That section provides:
"The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution in the case of a state inmate and an escape from the custody of the sheriff in the case of a county inmate and shall be punishable accordingly."
Furthermore, § 14-8-43 provides that "[a]nyone violating any of the [county work-release statutes] shall be guilty of a misdemeanor." Section 14-8-43 has been interpreted by the Court of Criminal Appeals as providing the penalty for a violation of § 14-8-42. See, e.g., Cork v. State, 603 So.2d 1127, 1128 (Ala.Crim.App.1992). Jones argues that, because she was purportedly a "county inmate,"[3] her conduct in failing to return from her work-release job was punishable only as a misdemeanor under §§ 14-8-42 and 14-8-43 and that her felony conviction for second-degree escape was, therefore, improper. In support of her argument, Jones relies on Webb v. State, 539 So.2d 343 (Ala.Crim.App.1987), and cases following Webb, for the proposition that "a county inmate … who fails to return from work release is guilty only of a misdemeanor under § 14-8-42." 539 So.2d at 345.
We begin our analysis by noting that county work-release programs like the one in which Jones was participating are authorized pursuant to the county work-release statutes, which were adopted by the legislature in 1976 for the purpose of authorizing counties to establish work-release programs for county inmates and state inmates in county custody. Ala. Acts 1976, Act No. 637. Similar to Ala. Code 1975, §§ 14-8-1 through 14-8-10 (), which were adopted before 1976, the county work-release statutes provide that the failure of an inmate to return from his or her work-release job constitutes "an escape," § 14-8-42, and that such an inmate is "guilty of a misdemeanor." § 14-8-43; see also Miller v. State, 349 So.2d 129, 131 (Ala.Crim.App.1977) ( ).
At the time of its 1976 enactment, § 14-8-42 joined what was then a variety of escape statutes setting forth various species of escape offenses with wide disparities in the severity of punishments. See, e.g., Ala. Code 1975, former §§ 13-5-60 through 13-5-71, and Jacques v. State, 409 So.2d 876, 879 (Ala.Crim.App.1981) ( ). In 1977, however, the legislature adopted the Alabama Criminal Code with the purpose of providing an entirely new criminal code for the State of Alabama effective January 1, 1980. See Ala. Acts 1977, Act No. 607 (Title), and Ala. Code 1975, § 13A-1-11. Among the comprehensive changes it made to the then-existing criminal laws, the Alabama Criminal Code recategorized escape offenses into three distinct classifications -- first degree, second degree, and third degree. Ala. Code 1975, §§ 13A-10-31, 13A-10-32, and 13A-10-33. According to the Commentary to §§ 13A-10-31 through 13A-10-33 (which follows § 13A-10-33), these new escape provisions were intended to replace Alabama's former "helter-skelter treatment of escape" with three classifications of escape offenses that increased in severity of punishment based on "(1) use of force[] and (2) the seriousness of the crime that led to the inmate's detention." Commentary to §§ 13A-10-31 through 13A-10-33 ( ). Furthermore, according to that Commentary, the scheme was intended to cover all escapes, with the statute defining and classifying third-degree escape -- § 13A-10-33 -- as a catch-all provision "applicable to all escapes." Id. (emphasis added).
Escape in the first degree is defined by § 13A-10-31:
Escape in the second degree is defined by § 13A-10-32:
Section 13A-10-30(b)(1) defines "custody" as:
"A restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court, but does not include mere supervision of probation or parole, or constraint incidental to release on bail."
Act No. 607, Ala. Acts 1977, the act initially adopting the Alabama Criminal Code, expressly repealed previous statutes regarding escape, but, for reasons that are not entirely clear, § 14-8-42 was not included among the statutes that were...
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