9-15-2011 Washington DC:
From the CrimeReport:
The Senate subcommittee overseeing the U.S. Justice Department's budget yesterday voted to eliminate funding for the federal Second Chance Act, which helps inmate re-entry programs nationwide. The program got $100 million in fiscal year 2010, but that was reduced to $83 million this year. The House appropriations committee recently approved $70 million for Second Chance. The Senate panel, chaired by Barbara Mikulski (D-Md.) did not explain the reasons for its action, but insiders said it was likely tied to the ongoing struggle between Senate and House leaders over what federal programs to cut in lean budget times.
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt)., who is also a member of the funding subcommittee, complained that the appropriations bill "eliminates funding for the Second Chance Act programs' as it it "bill throws money at our prison overpopulation problem by increasing the Bureau of Prisons' budget while eliminating funding for a proven solution to keep people out of prison." Leahy said he would work to restore Second Chance funding.
We are looking into this further.
eAdvocate
Showing posts with label Second Chance Act - No RSO. Show all posts
Showing posts with label Second Chance Act - No RSO. Show all posts
September 15, 2011
Senate Panel Votes to Cut Funds For Second Chance Inmate Re-Entry
July 29, 2011
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--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.
(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
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.
July 9, 2011
Washington Hearing: Second Chance Reauthorization Act of 2011
7-9-2011 Washington DC:
Senate Judiciary
Thu, Jul 14, 2011 10:00 AM. Business meeting to consider S.1231, to reauthorize the Second Chance Act of 2007
Folks may remember that, the Second Chance Act of 2007, EXCLUDES sex offenders, HOWEVER this new bill S 1231 REMOVES that exclusion. If this bill passes -as currently written- then thousands of sex offenders all across the nation will reap the benefits of the Second Chance Act.
This MAY BE a Historic moment, but we still need to watch S 1231 to see IF IF IF IF it is changed on its trip through Congress, so we hope Congress will recognize the needs of thousands of sex offenders nationally when they are released, as they already recognize the needs of other offenders.
For now have a great day and a better tomorrow.
eAdvocate
PS: Within the Second Chance Act there is still a sticky part dealing with Federal offenders, and we are hoping this gets resolved as well. Right now there is nothing to help this group of former offenders in S 1231.
July 5, 2011
UPDATE: Second Chance Reauthorization Act of 2011
Finally we have the text of this bill: 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.
Please read carefully as there is a bit of confusion, first here is what the 2007 SCA says today, as to eligible offenders:
Original Second Chance Act (this was Sec. 212):
42 § 17532. Responsible reintegration of offenders
(a) Eligible offenders
(1) In general -- In this section, the term “eligible offender” means an individual who—
(A) is 18 years of age or older;
(B) has been convicted as an adult and imprisoned under Federal or State law;
(C) has never been convicted of a violent or sex-related offense; and ...
Notice, the original SCA excluded juveniles (folks under 18) and, persons convicted of violent and sex offenses. However, under S 1231, only certain violent offenders would be excluded.
NEW S 1231 Bill Language:Why am I hesitant to conclude this is a change in policy about sex offenders: A few reasons, Congress has excluded certain sex offenders in a few other federal programs, and even in a new bill about burials in National cemeteries. Secondly, elsewhere in S 1231 an eligible offender may have the charge dropped, I have never seen a charged sex offense, legislatively dropped. Finally, this is the "Introduced Version" and we have seen U.S. House gremlins in past Congresses magically change the language of bills (i.e., the Small Business Loans bill, for one, in the last Congress).
Eligible offenders
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 a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
I do note that, via e-mail a Reader did mention he had asked Sen. Portman (a co-sponsor) at a meeting whether or not the bill included sex offenders and was told, it did. My stance on that is reserved, not because I disbelieve my Reader, no, instead because I know Congress has gremlins who may have their way before this version is passed into law.
Finally, given the significant help this bill provides folks -in general- I would never suggest fighting its passage. My eyes will be glued to this bill from now on.
Have a great day and a better tomorrow.
eAdvocate
June 30, 2011
ACTION ALERT: Second Chance Reauthorization Act of 2011
6-30-2011 Washington DC:
ON 6-20 Sen Leahy, VT introduced the Second Chance Reauthorization Act of 2011 (his introductory speech is below). While it is true that the Second Chance Act EXCLUDES persons convicted of sex offenses, maybe its time to push for a change in that policy:
Second Chance Act:
42 § 17532. Responsible reintegration of offenders
(a) Eligible offenders
(1) In general -- In this section, the term “eligible offender” means an individual who— (A) is 18 years of age or older; (B) has been convicted as an adult and imprisoned under Federal or State law; (C) has never been convicted of a violent or sex-related offense; and ...
Sen. Leahy commented "Preliminary studies show that these programs are already working well," so the principle of the SCA appears to be working and reducing recidivism, for non sex crimes. Why shouldn't the same be applied for sex crimes? Apparently recidivism studies have been done (flows from his comment) and I cannot see why those studies would have excluded sex offenders, so it is likely they already have some statistics to work with.
It would seem most logical to use, a known working program (SCA), with sex crimes as well, to reduce what little recidivism there is today. Sex offenders are just as human as any other offender, what works for one must work for the other.
I think its time to push Congress for a CHANGE in the Second Chance Act so that it does not exclude sex offenders. Folks need to develop "Talking Points" from Sen. Leahy's comments below, and contact him and individual representatives as well.
For now, have a great day and a better tomorrow.
eAdvocate
S. 1231. A bill to reauthorize the Second Chance Act of 2007; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased today to join with Senator PORTMAN to introduce the bipartisan Second Reauthorization Act. This bill builds on recent successes and takes important new steps to ensure that people coming out of prison have the opportunity to turn their lives around, rather than returning to a life of crime. That saves taxpayer money and makes us all safer.
This important legislation improves Federal reentry policy and authorizes assistance to collaborations between state and local corrections agencies, nonprofits, educational institutions, service providers, and families to ensure that offenders released into society have the resources and support they need to become contributing members of the community. The reauthorization bill builds on the success of the Second Chance Act by continuing, improving, and consolidating its programs.
Four years ago, I joined with then-Senators Biden, Specter, and Brownback as an original cosponsor of the Second Chance Act, and I was pleased to help move that legislation through the Senate. The Senate recognized the value of the Second Chance Act when, after a great deal of work and compromise, the bill passed unanimously. I hope this reauthorization bill receives the same bipartisan support.
In the past few decades, Congress and the states have passed new criminal laws creating more and longer sentences for more crimes. As a result, this country sends even more people to prison every year, costing millions and millions of dollars. There are currently over 2 million people in jail or prison, and more than 13 million people spend some time in jail or prison each year. Most of these people will at some point return to our communities.
Last July, I chaired a hearing on the Second Chance Act (and Press Release), and the Committee heard about the great strides many states are making with innovative prisoner reentry programs. Commissioner Andrew Pallito from the Vermont Department of Corrections testified and shared with us his experience with reentry programs in Vermont. The Vermont Department of Corrections and many others in Vermont have strongly supported the Second Chance Act, which gives me confidence that it represents an important step in making our country safer.
The Second Chance Act authorized grants for key reentry programs and required that these programs demonstrate measurable positive results, including a reduction in recidivism. Preliminary studies show that these programs are already working well.
The reauthorization bill that we propose today improves, consolidates and reauthorizes the state and local government grant programs created by the Second Chance Act. It is intended to ensure that funding is available for planning and implementation of key reentry projects so that evidence-based methodology is employed to ensure meaningful reductions in recidivism rates. It is designed to ensure that all states have the opportunity to develop and benefit from these important programs.
The bill also consolidates several programs that were underutilized into one grant program with multiple purposes. This will ensure that Federal dollars are effectively spent on programs that link probation with swift and certain enforcement, like the very successful HOPE program in Hawaii.
The Second Chance Act authorized research into educational methods used in prisons and jails. This reauthorization bill asks the Attorney General to review that research and establish best practices for prison education. It then reallocates the authorized funds previously used for research into a grant program to implement these best practices in prisons and jails. The bill also adds nonprofit organizations as eligible grant recipients for programs promoting family-based substance abuse treatment.
This legislation makes modest improvements to Federal reentry policy that have the added benefit of reducing Bureau of Prison costs. It continues the successful Elderly and Family Reunification for Certain Non Violent Offenders Pilot Program and modestly expands the pool of inmates eligible to apply for the program. More than 60 inmates have now participated in this program, and not a single one has reoffended.
The bill also creates an incentive for inmates to participate in rigorous recidivism reduction programming by awarding a credit of up 60 days per year toward completion of their sentence for participation in such programs. The incentive is modeled on that currently awarded for successful participation in residential drug abuse treatment programs.
Finally, the Second Chance Reauthorization Act promotes accountability by requiring periodic audits of grantees to ensure that Federal dollars are responsibly spent. Grantees with problematic audits will not be eligible for funding in future years.
As a former prosecutor, I believe strongly in securing tough and appropriate prison sentences for people who break our laws. But it is also important that we do everything we can to ensure that when these people get out of prison, they enter our communities as productive members of society, so we can start to reverse the dangerous cycle of recidivism and violence. The Second Chance Reauthorization Act will help break this cycle.
Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.
September 27, 2010
Hearing on: Reauthorization of the Second Chance Act this Wednesday 9-29
9-27-2010 Washington DC:
On Wednesday (9-29-2010) of this week the Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, will hold a hearing on "Reauthorizing the Second Chance Act (SCA)." While the SCA is a fine law for most released former offenders, it does EXCLUDE from its benefits, any sex offender, and for the rest of their lives. See:
42 USC 17532 (a) eligible offenders:
(a) Eligible offenders
(1) In general
In this section, the term “eligible offender” means an individual who—
(A) is 18 years of age or older;
(B) has been convicted as an adult and imprisoned under Federal or State law;
(C) has never been convicted of a violent or sex-related offense; and
(D) except as provided in paragraph (2), has been released from a prison or jail for not more than 180 days before the date on which the individual begins participating in a grant program carried out under this section.
The more I think of this Act the more I find it disturbing because it is clearly discriminatory. While it is true that convicted sex or violent offenders cannot claim a right under this Act, they can show how Congress discriminates in lawmaking.
Consider this, both under federal and state laws when a person is convicted of a crime, except for one that requires life in prison, the sentence ends at some point and the person is released back into the community. Those laws place offenders on a equal footing when released.
Public safety is only achieved when all released offenders are allowed to reintegrate back into society and again become law abiding taxpayers. There isn't a lick of logic why lawmakers would not want ALL RELEASED offenders, whatever their earlier crime, to again become law abiding taxpayers. The Second Chance Act excludes certain former offenders. WHY?
It is not logical, except to say that lawmakers HATE these offenders. When lawmakers should be saying, we hate the offenses, but ALL the offenders -since the courts have placed them on equal footing by releasing them- need the same opportunities.
Does our Constitution really permit discriminatory lawmaking? It is discrimination when the law excludes some, when all are on equal footing with others; here that is happening.
Here is a list of everyone on that committee and their contact information, from Bobby Scott (VA)(Chairman) down to the last member.
Here is the task: Start contacting ALL Committee Members and tell them the law MUST change, it must include sex offenders, who are on EQUAL footing in the community with every other released offender.
Please make contact BEFORE the Hearing on 9-29 at 4:00 PM, light up the phones in Washington DC, all the phone numbers are in that link.
For now, have a great day & a better tomorrow.
eAdvocate
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