Second Chances?

“America is the land of second chance and when the gates of the prison open, the path ahead should lead to a better life.” President George W. Bush spoke those words in his 2004 State of the Union address. Ten years later, and America is still trying to come to grips with the shame that is its criminal justice system.

            In a June 4^th editorial; no less than the New York Times called for an overhaul of the “collateral consequences” that affect a released felon’s successful re-entry to society. Sixty-five (65) million Americans – more than one-in-four adults – have a criminal record. And, that record stays with you long after you’ve done your time. I’m not talking about laws that prohibit pedophiles from working in schools; no, these laws, these collateral consequences, ban a convicted felon – regardless of the nature of the crime – from voting, access to public housing, business and professional licensing, gun possession, immigration status, parental rights, credit rating, employability, even eligibility for benefits.

            The list goes on and on but it is clear that a felony conviction changes your status as a citizen. Worse, a felony conviction sets you up for failure. And failure leads back to prison. These aren’t the ramblings of a criminal blogger. As a conservative columnist noted on Martha Stewart’s release from Federal prison: She “paid her dues,” and “there is simply no reason for anyone to attempt to deny her the right to leave her troubles in the past and start anew.”

            This isn’t about excusing crime; rather it is to recognize that in America, where over 14 million people are arrested each year with 2.2 million behind bars at any given time (more people behind bars than any other country in the world) – most (90%) of whom will be released – second chances are “imperative.” As The New York Times wrote:

            “It is in no one’s interest to keep a large segment of the population on the margins of society.”

            In a recent report compiled by the National Association of Criminal Defense Lawyers (NACDL) it was noted that “collateral consequences can be a criminal defendant’s most serious punishment, permanently relegating a person to second-class status … it is time to reverse this course. It is time to recognize that America’s infatuation with collateral consequences has produced unprecedented an unnecessary collateral damage to society and to the justice system.”

            Second chances. Second chances must mean that once you pay your debt your social status is fully restored. Mandatory collateral consequences should be disfavored and never considered appropriate unless substantially justified by the specific conviction (for example, pedophiles working in schools). Blanket denial of rights – such as voting – or restrictions on employment – or licensing – should never be used unless specifically related to the crimes/convictions. More importantly, credit-reporting agencies should be prohibited from disclosing criminal records on closed cases that didn’t result in convictions, and on convictions that are more than seven years old.

            Every day one or two men leave this facility bound for home; every week another ten to twenty arrive. Most of those returning have been here before. The sad fact is 2 of every 3 released inmates returns within three years. As the NACDL points out, in America’s “War on Crime” the zealous efforts to keep communities safe may have actually destabilized and divided them. “Collateral consequences make the already difficult process of re-integration worse.

            Here in Virginia, the Republican-dominated legislature is in a standoff with the newly elected Democratic Governor over the bi-annual budget. At the same time, in excess of $1.1 billion will be spent in Virginia this year to keep approximately 40,000 men and women in state custody. Virginia continues to cling to regressive “good time earning” for its inmates regardless of their behavior; for the approximate 6000 inmates still covered by the parole system (eliminated in 1994) only 2% are approved annually for discretionary parole and release. While the Governor has the exclusive power to commute any inmate’s sentence, this power is rarely exercised due to the potential political ramifications – i.e. looking “soft” on crime.

            Virginia – more so than many other states – has numerous collateral consequences a released felon faces. While voting right restoration has improved, it is still not automatic upon release. Convicted felons in Virginia are denied most state licenses. Worse, a convicted felon can be denied a driver’s license until court fines and fees are paid (Virginia is one of only eight states which assess as court fees the costs of appointed counsel to poor defendants. These costs typically run in the thousands and, without a driver’s license, many people are unable to get employment).

            Second chances? Those two words may mean the difference between a return trip to prison or leading a productive life. It’s in America’s best interests to make those words matter.