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August 2007
Read On About:
HB 71:
SURJ Continues to Fight for the Repeal of Mandatory
Minimum Drug Sentencing Laws
In
April, House Bill 71, the bill which would repeal Delaware’s mandatory
minimum drug sentencing laws, passed the Delaware House of
Representatives by an overwhelming majority. However, in order to
become law, it must still pass the Delaware Senate. SURJ and its
members have been working hard to make sure HB 71 becomes law and we
will continue to advocate for HB 71 when the legislature returns in
January 2008.
SURJ
recognizes the urgent need for reform and we know that the repeal of
mandatory minimum drug sentencing laws is right for Delaware. Not only
do mandatory minimum drug sentencing laws strip judges of their
discretion, but by risking inaccurate, arbitrary sentences and the
excessive incarceration of non-violent offenders, mandatory minimum drug
sentencing laws contribute to Delaware’s soaring incarcerated population
and corrections expenditures.
As always,
we thank each and every one of you for your support. Your help has been
deeply appreciated and in the months to come we will call on you again
as we prepare for the upcoming legislative session. We know that is
only with enough citizen involvement and participation that these laws
will be repealed. We appreciate your continued support and look forward
to future success!
Law’s Success Allows Some Ex-Felons to Obtain
Professional Licenses
In
2004, Delaware re-examined its practice of barring felons from
occupations requiring a license. Now, says Senator Karen Peterson
(D-Stanton), other states are looking to Delaware for advice in
implementing the same change. In 2004, Senator Peterson successfully
championed S.B. 229, which lifted the ban on professional licensing for
individuals with a felony record. In the past, having a felony
conviction meant being barred from more than 35 professions in
Delaware. Now, felons are barred only if they have been convicted of
crimes that are substantially related to a specific occupation. This
change has opened doors for ex-offenders who are seeking meaningful
employment after release from prison.
Ex-offenders with felonies in their histories are now eligible to become
dental hygienists, electricians, physicians’ assistants, barbers,
cosmetologists, plumbers, real estate agents, funeral directors,
geologists, social workers, and masseuses, among many other professions
requiring a license. “At least a dozen [ex-felons] now have
professional licenses. The bill is working,” Senator Peterson said.
Some
licensing boards were uncomfortable barring someone with a particular
criminal conviction indefinitely, Senator Peterson said. As a response,
Senator Peterson and Representative Terry Spence successfully sponsored
follow-up legislation S.B. 403 in 2006. The bill provides the means for
a professional licensing board to grant a license to someone who had
been convicted of a crime deemed substantially related to the occupation
in certain situations. A licensing board, with a majority vote, can now
opt to approve an individual for a license if at least five years have
elapsed since his/her sentence has been completed, the person is capable
of practicing the occupation in a competent and professional manner, and
the waiver will not endanger the public.
Research
shows that obtaining and maintaining employment is a key factor for
ex-offenders in avoiding recidivism. Both of these bills are a positive
step in the right direction. To learn which criminal convictions would
exclude someone from obtaining a particular occupational license, visit
the Division of Professional Regulation’s website at http://dpr.delaware.gov/.
Visions
of Justice Forum Focuses on Prisoner Reentry
The Eighth Annual
Visions of Justice Forum was held on May 22, 2007, at the University
of Delaware’s Clayton Hall. The event, cosponsored by SURJ and Delaware
Center for Justice, presented research on prisoner reentry, updates on
the current state of programs available to the incarcerated community,
and information about the services available to them upon release.
Daniel J.
O’Connell, Ph.D., of the University of Delaware’s Center for Drug and
Alcohol Studies, spoke to a packed audience as he described many of the
trends affecting those who are leaving prison and reentering society.
He pointed to the powerful odds that are stacked against these
individuals, saying that about 35% of this group has job-hampering
disabilities. O’Connell also discussed factors that cause individuals
to stop committing crimes. While more research remains to be done on
what actually causes individuals to stop committing crime, several
prominent predicting factors for success that O’Connell called “hooks
for change” include becoming married or having a family, securing
employment, receiving treatment, and an ex-offender’s desire for
positive change. The goal of those working in prisoner re-entry,
O’Connell said, should be to facilitate ex-offenders’ exiting the
criminal career cycle.The Eighth Annual Visions of Justice Forum
was held on May 22, 2007, at the University of Delaware’s Clayton Hall.
The event, cosponsored by SURJ and Delaware Center for Justice,
presented research on prisoner reentry, updates on the current state of
programs available to the incarcerated community, and information about
the services available to them upon release.
Ron
Beard, also from the Center for Drug and Alcohol Studies and the founder
of RAB Consulting, engaged the audience with a film about factors
contributing to a successful reentry. Beard also referred to the need
for a change in the terminology being used by ex-offenders, pointing out
that prison and street culture embrace a glorification of the criminal
lifestyle, minimizing the dangers involved. Citing Dr. Frank
Scarpitti’s work on therapeutic community terminology, Beard stressed
the need for “goal directed terminology”, which would help instill a
sense of personal responsibility and realism in ex-offenders.
The
forum also featured Department of Correction Commissioner Carl Danberg,
who began by emphasizing that a new state-wide strategy for reentry must
be developed. Commissioner Danberg said that reentry must be a point of
investment. Investment in reentry should be done strategically, Danberg
said, and the state must not be afraid to withdraw funding if a program
doesn’t measure up.
Only about
1,900 of Delaware’s 7,100 inmates are enrolled in programs such as
Lifeskills and GED instruction. “We are not reaching enough inmates,”
Danberg stated. Vocational training was another area that the
Commissioner said he would like to see expanded. The woodworking shop
at one of the prisons has been replaced by an HVAC program, and Danberg
would also like to see electrical, masonry, and plumbing programs
established so that ex-offenders can secure well- paying jobs.
The
forum also featured a panel presentation with representatives from three
local service providers. Cathy McKay, Executive Director of
Connections, CSP; Tony Neal of The Way Home, and Delaware Center for
Justice’s Alfred Onuonga described the services that their respective
agencies provide to those reentering the community.
Former
Representative Joseph DiPinto closed the day by speaking about his
vision for bringing the Delancey Street Foundation to Delaware. Founded
in 1971, Delancey Street is an educational residency program for
ex-offenders that also functions as a training school and business,
earning income for the support of the Foundation while also teaching
Delancey residents the multiple job skills and life disciplines they
need in order to succeed. Operating independently of public funding and
entirely resident-operated, Delancey provides up to four years of
housing, high school equivalency education, job training in at least
three marketable skills, and a supportive environment for its
participants. Representative DiPinto urged any forum attendees who had
an interest in helping to attract Delancey Street to Delaware to contact
him.
The
forum’s focus on reentry programs was a follow up to the Reentry
Roundtable conference held in September of 2006, in which steps for
improving Delaware’s reentry system were formulated. The Roundtable
brought together key players in the community to discuss multiple
challenges faced by ex-offenders, including physical and mental health
care, substance abuse, employment, and housing.
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Other Legislation:
Changes to Conditional Release, Repeal of Mandatory
Drug Fines, and Conditional Drivers Licenses for Probationers
In
June, Senator Adams (D-Bridgeville) introduced three bills that were
recommended by the Sentencing Accountability Commission (SENTAC).
Senate
Bill 125 addresses the incongruity of maintaining two separate agencies
for managing offenders once they are released. Under the present system,
a defendant on conditional release is supervised by Probation Officers,
but if a violation occurs the defendant is brought before the Parole
Board. This bill would streamline the system by eliminating such ‘dual’
supervision. SB 125 was passed by the Senate in June and has been
assigned to the House Corrections Committee.
Senate
Bill 126 eliminates some mandatory minimum drug fines. While the
maximum fines are still in place, judges now have the ability to use
discretion when imposing them by taking into consideration the
particular facts involved in sentencing individual defendants, and
imposing an appropriate fine in each case. SB 126 has been signed into
law.
Senate
Bill 127 allows probationers to get conditional drivers licenses so they
can satisfy probation requirements. Without a driver’s license,
offenders are often unable to satisfy conditions of probation, including
employment and treatment. SB 127 has been signed into law.
Get the Word Out!
SURJ would like to
invite you to take advantage of our Speakers’ Bureau, which gives
presentations about the criminal justice system at places of worship,
civic organizations, and other meetings. If you know of an opportunity,
or would like SURJ to speak at your organization, please contact our
office at 302-426-9252.
Send
Us Your E-Mail Address!
Most of
our communication with our members is through e-mail. We don’t send out
many e-mails, but it’s the best way for us to keep you informed in a
timely manner about legislation and upcoming events. If you have not
received an e-mail from us recently, please take a moment to e-mail
Katie or call her at (302)
426-9252 with your e-mail address or contact information changes.
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