UPDATE: Second Chance Reauthorization Act of 2011

7-28-2011 National:

S 1231 "Second Chance Reauthorization Act of 2011" was introduced by Sen Leahy, Patrick J. [VT] on 6/20/2011 Read twice and referred to the Committee on the Judiciary.

Stated Intent: To reauthorize the Second Chance Act of 2007.

It appears this bill does MORE THAN just reauthorize the Second Chance Act of 2007 as it was written back in 2007. This bill enhances the Second Chance Act (SCA) significantly.

With that said:

UPDATE: The Senate Judiciary Committee (on 7-21-2011) AMENDED the bill from its introduced version, and now it prevents CERTAIN sex offenders from receiving the benefits of the Second Chance Act. The bill has been placed on Senate Legislative Calendar under General Orders. Calendar No. 108.

The bill now says:

(1) ELIGIBLE OFFENDER- The term `eligible offender' means an individual who--

(A) has been charged, sentenced, or convicted of a crime for which a sentence of imprisonment of more than 1 year is authorized; and

(B) does not have 1 or more prior convictions for--

(i) a felony crime of violence with the intent to cause death or serious bodily harm;
(ii) an offense involving rape;
(iii) a sex offense against a minor; or

.

I have a few reasons why this bill is upsetting, first and most important, why include folks who "have been charged" at some point in their past, but do have some other history mentioned? This makes no sense to me, not everyone charged is convicted, in divorce cases there are many false charges levied, and that alone would EXCLUDE someone from ever reaping the benefits of the Second Chance Act.

Now, here is my main reason why these EXCLUSIONS should not be allowed: All criminal law has a punishment attached to it, and inherent in that punishment is, that when the punishment ends is a unspoken mandate to, go and become a productive member of society. The majority of criminal law sends the person back into society.

It is discriminatory, hateful and plain stupid for lawmakers to say (which this bill does) the government will help this person, but not this person, to get restablished as a taxpayer contributing to society. There is nothing behind this bill but HATRED for the chosen crimes excluded!

The natural result to not helping some, is that, they are setup for failure, they must rely on the Welfare systems of society, if they ever actually become a productive member of society again. How does adding a financial burden on society in general, make society safer? It does not, it is plain STUPID, its another example of, the law is an ASS!

I CANNOT in good conscience recommend this bill, and would suggest everyone to contact their folks in Washington DC and tell them to "VOTE NO" on this bill, even knowing it will help some.

The U.S. has far too many folks with criminal records in their past, and should they ever enter the criminal justice system again, or were even charged with a crime in the past, they would be denied the benefits of the Second Chance Act. It makes no sense.

For now have a great day and a better tomorrow.
eAdvocate

PS: FAMM (Families Against Mandatory Minimums) has an excellent FAQ on this Second Chance Reauthorization Act.