The Implementation of Aniah's Law Throughout Alabama's Juvenile Justice System.

By Ameleigh Bippen & Kayla Haller

Background

The 2019 abduction and murder of 19-year-old college student and Homewood, Alabama native, Aniah Blanchard, gained widespread national media attention. At the time of her disappearance, the man accused of Blanchard’s abduction and murder was out on bail for — among other charges — robbery, kidnapping, and attempted murder from an incident in Montgomery earlier that same year.[1] Because these crimes did not carry a potential capital sentence, the accused man was released from custody on a $280,000 bond.[2] Despite these crimes not carrying a capital sentence, Aniah’s Law would have authorized the judge to hold this man indefinitely while he awaited trial so as not to pose a continuous danger to the public.

Aniah’s Law

After its enactment and acceptance by Governor Kay Ivey, Alabama voters overwhelmingly approved Act No. 2021-267 on November 8, 2022, which created “Aniah’s Law” and provides additional offenses for which bail can be denied.[3] Aniah’s Law amends Ala. Code § 15-13-3 (1975) to provide a process for the denial of bail for certain offenses. As amended, Ala. Const. art. I, § 16 (2022) states:

That all persons shall, before conviction, be bailable by sufficient sureties, unless charged with capital murder; murder; kidnapping in the first degree; rape in the first degree; sodomy in the first degree; sexual torture; domestic violence in the first degree; human trafficking in the first degree; burglary in the first degree; arson in the first degree; robbery in the first degree; terrorism; and aggravated child abuse; and that excessive bail shall not, in any case, be required.

Although Aniah’s Law seems to be aimed primarily at adults within the criminal justice system, when it comes to violent crimes, juveniles are impacted by Aniah’s Law as well.

Procedure Prior to Aniah’s Law

            Encompassing founding-era idealism, states model their own constitutions after the Eighth Amendment of the United States Constitution which provides that “excessive bail shall not be required, nor excessive fines imposed.”[4] For example, Alabama’s state constitution ensures an “absolute right to bail in all noncapital cases” because bail is not intended as punishment, but rather an agreement to return to court.[5] Bail is set early on in the criminal procedure process, usually occurring during a defendant’s initial appearance.[6] This is true for both juvenile defendants and adult defendants. In Alabama, a defendant who is under the age of 21 is able to apply for youthful offender status.[7] Youthful offender status is another rehabilitation attempt that allows defendants under 21 to have their criminal record sealed, thereby limiting its future negative effects.[8] A defendant must apply for youthful offender status, and whether or not  it is granted is within the court's discretion.[9] Many factors, including factors similar to deciding bail such as the seriousness of the crime and the defendant’s previous criminal history, are involved in the decision to grant a defendant youthful offender status.[10] However, since Aniah’s law was enacted, there has been an increase in denied bail for offenders twenty-one and younger facing violent charges such as murder, human trafficking, and kidnapping.[11] 

Current Procedure with Aniah’s Law

After the enactment of Aniah’s Law, an Aniah’s Law Hearing was added to the criminal process as a prerequisite to deny a defendant bail.[12] Previously, bail would be denied only in capital crimes.[13] Now, the denial of bail is also eligible for violent crimes as listed by Aniah’s Law.[14] If a defendant’s bail is denied, the defendant will be held until the court conducts an Aniah’s Law hearing.[15] The court still retains some discretion as to whether or not bail should be denied while considering factors normally used in youthful offender status and bail determinations.[16] Aniah’s Law also impacts youthful offender status applications by decreasing the likelihood that an eligible defendant will be granted youthful offender status. Since this law was recently passed, the impact of Aniah’s Law on juveniles who may otherwise be eligible for youthful offender status is yet to be determined.

Recently in Dadeville, Alabama, an Alabama district court applied Aniah’s Law in a case involving juvenile offenders.[17] On April 15, 2023, the defendants shot and killed four young victims at a Sweet 16 birthday party.[18] Among other charges, the state charged six individuals each with four counts of reckless murder.[19] Three of the defendants were under the age of majority and were each charged as adults, presumably due to the violent nature of the charges.[20]

The youngest individual charged in the Dadeville shooting, a 15-year-old boy, was held without bond following an Aniah’s Law hearing on September 19, 2023.[21] The district court found “that the defendant, a minor, possessed a 9mm firearm at the scene and made a subsequent statement to law enforcement confirming that he fired the weapon multiple times inside the building.”[22] The district court considered several factors to determine the denial of bond, including the nature and circumstances of the alleged charges, which weighed heavily against the 15-year-old defendant.[23] Additionally, after alluding to the possibility that the defendant may face multiple life sentences if convicted, the district court acknowledged the risk of non-appearance in court, as well as the importance of protecting the safety of the community to support the denial of bond.[24]

Effect of Aniah’s Law on Youthful and Juvenile Offenders

            While defendants can still apply for youthful offender status regardless of their bond status, there is a significant decrease in the likelihood that it will be granted. Typically, the cases considered under Aniah’s Law will be Class A or other violent felonies, which decrease a defendant’s likelihood of being granted youthful offender since the seriousness of the crime is a factor considered.[25] It is considered that the nature of the crimes offenders subject to Aniah’s Law commit are so egregious that rehabilitation for these offenders is out of the picture. However, rehabilitation is the overall goal of the juvenile justice system.[26] Moreover, rehabilitation is the underlying purpose of programs such as the youthful offender. [27] Because Aniah’s Law is so recent, further research and statistics will have to continue to be collected to determine the effects that Aniah’s Law has on youthful offender status and juvenile offenders in general.

[1] High-Profile Felony Suspect, Ibraheem Yazeed, Charged With Murder in 2018 Montgomery Cold Case, WSFA.com (Jun. 25, 2020, 3:10 PM), https://www.wsfa.com/2020/06/25/high-profile-felony-suspect-ibraheem-yazeed-charged-with-murder-montgomery-cold-case/.

[2] Aniah Blanchard's father talks about efforts to pass Aniah's Law in Alabama, WVTM13.com (Feb 21, 2020, 11:02 PM), https://www.wvtm13.com/article/aniah-blanchard-proposed-bill-to-

deny-bond-for-criminals-convicted-of-violent-crimes/31029766.

[3] See Ex parte Green, No. CR-2023-0325, 2023 WL 6168336, at *1 (Ala. Crim. App. Sep. 22, 2023).

[4] U.S. Const. Amend. VIII, cl. 1.

[5] Ala. Const. Amend. I, § 16

[6] Ala. R. Crim. P. 7 (1995).

[7] Code of Ala. § 15-19-1

[8] Id.

[9] Id.

[10] Ala. R. Crim. P. 7 (1995).

[11] Ala. Const. Amend. I, § 16

[12]  See Ex parte Green, No. CR-2023-0325, 2023 WL 6168336, at *4 (Ala. Crim. App. Sep. 22, 2023).

[13] Id.

[14] Id.

[15] Id.

[16] Code of Ala. § 15-19-1

[17] Carol Robinson, 15-Year-Old Dadeville Mass Shooting Suspect Denied Bond Under Aniah’s Law, AL.com (Sep. 19, 2023, 5:11 PM), https://www.al.com/news/2023/09/15-year-old- dadeville-mass-shooting-suspect-denied-bond-under-aniahs-law.html.

[18] Id.

[19] Id.

[20] Id.

[21] Id.

[22] Id.

[23] Id.

[24] Id.

[25] Ala. R. Crim. P. 7 (1995).

[26] Juvenile Justice, youth.gov, https://youth.gov/youth-topics/juvenile-justice 

[27] Code of Ala. § 15-19-1