On June 15, 2011, the General Assembly passed Senate Bill 12, which lifts the food stamps eligibility ban for individuals with a drug felony conviction.  Individuals who were convicted of a drug felony after August 1996 were previously banned for life from receiving food stamps. This represents a major victory for advocates who have been working to reduce the barriers to successful prisoner reentry in our state.

There are 128,770 individuals in Delaware, 14% of our population, who receive federally funded food stamps.  To date, 674 individuals with a felony drug conviction in their past have applied, but were denied, food stamps due to their drug conviction.  The number of children living in those homes is 1,381.

Representative Terry Schooley, the bill’s prime sponsor in the House of Representatives, testified during the House session yesterday that it is unjust to make policies to punish and/or deny benefits to an entire class of people (ex-offenders with a drug felony).  When representatives raised concerns about food stamps fraud which might be committed by former drug offenders, the Division of Health and Social Services testified that of the 1,200 complaints the department has received regarding food stamps, only 15% related to food stamps fraud.

Delaware has now joined the 40 other states that have modified or opted out of the Supplemental Nutrition Assistance Program (SNAP), previously known as Food Stamps.

FACT:  SB 12 allows ex-offenders with a drug felony to access food stamps, promoting their stability and promoting rehabilitation.

Individuals who are currently banned from participating in the Supplemental Nutritional Asssistance Program (SNAP, also known as food stamps) due to a felony drug conviction often rely on their family and friends who use food assistance programs, defeating the purpose of the ban.  Individuals who cannot access the food stamps program may resort to eating food that was allocated to their children through child nutrition assistance programs. Forcing struggling families to stretch their already meager food budgets is not a healthy scenario for children.  Additionally, drug felons who cannot access food stamps may resort to community food closets or may turn to non-profit organizations for help.  This puts a significant strain on these organizations’ budgets and resources when federal dollars are readily available as an alternative. Since most ex-offenders emerge from prison without being “job ready,” food stamps provide an important stabilizing support while the individual seeks to secure housing and find employment.

FACT:  SB 12 aids the state’s economy by infusing federal dollars.

This measure does not cost the State of Delaware additional money, since the SNAP program utilizes federal funds.  The Division of Health and Social Services has stated that lifting the ban would not result in any additional administrative costs to the State of Delaware.  The SNAP program provides an average of $150/month to recipients, which can be spent at local food retailers, stimulating Delaware’s economy.

FACT:  SB 12 does not increase the risk for food stamps fraud.

Because SNAP operates through a debit card system rather than through the issuance of coupons or stamps, it has become more difficult for recipients to participate in fraud or to trade food stamps for drugs.  Strict federal laws against food stamp fraud are already on the books at both the state and federal levels.  These laws prosecute fraudulent use, and prevent individuals convicted of food stamps fraud from receiving future assistance.  Additionally, individuals who are incarcerated do not receive food stamps during their time in prison, since the Department of Correction and the Division of Health and Social Services vigilantly monitor this avenue for potential abuse.

FACT:  SB 12 levels the playing field for drug offenders, making them eligible to receive the same benefits as other ex-offenders.

The state’s current food stamps ban for drug felons is bizarre, since federal law allows violent offenders or individuals with a predatory sex offense to utilize food stamps, but excludes individuals with felony drug convictions (even for marijuana).  Ex-offenders face a myriad of significant barriers to community reintegration already, including difficulty in securing a job due to their criminal history and difficulty in securing government-subsidized housing, if they have a drug conviction.  Singling out drug felons for food stamps ineligibility places an unfair disadvantage on one category of ex-offenders.

We are thrilled to report that Governor Markell’s ceremonial signing of the Drug Law Reform Bill, also known as the Ned Carpenter Act, took place on June 9, 2011.  Click here to view photos from this momentous event.  Thank you all for your commitment to making Delaware’s drug laws more just, more affordable, and more effective.  This cooperative effort between the Attorney General’s Office, Law Enforcement Agencies, Legislators, the Department of Correction, and SURJ marks a huge achievement not only for SURJ and the other groups involved, but for all Delawareans.

The new drug sentencing laws resulting from the passage of the bill (also known as the Ned Carpenter Act) will go into effect on September 1, 2011.  The law brings the drug sentencing structure into line with the rest of the Delaware code and allows for better consideration of the unique circumstances of each drug offense.  Consistent with the rest of the criminal code, only drug offenses which are Class B Felonies will carry a mandatory minimum sentence.  Some drug crimes which are currently felonies are reduced to misdemeanors.

The new sentencing scheme also simplifies and reduces the number of charges in each drug case.  Drug cases will no longer carry multiple charges that involve separate mandatory minimum sentences; rather, the new scheme includes a base charge according to a “Tier” system, and aggravating factors (such as dealing drugs in a school zone or resisting arrest) could increase the offense level. The amounts of a drug that trigger a mandatory minimum drug sentence have been increased substantially.  For example, 10 grams of cocaine previously triggered a 2 year mandatory minimum sentence; the new scheme would require 25 grams of cocaine to trigger the same sentence.  Cases with less than 25 grams could trigger the minimum 2 year sentence only if certain aggravating circumstances exist. Changes to school zone penalties and driver’s license suspensions are also included.

In his remarks at the signing, Governor Markell cited the cooperative effort between the parties that participated in drafting the bill and he acknowledged the role of advocacy groups that kept momentum for the reform going in Legislative Hall.  Representative Melanie George thanked the many individuals who participated on the Drug Law Revision Committee and pointed to the influence and legacy of one of her mentors, Edmund “Ned” Carpenter, II, Esq., for whom the bill is named.  Mr. Carpenter passed away in December 2008. Mr. Carpenter was a renowned attorney, an advocate for the rights of the poor, a war hero, and a passionate and articulate advocate for repealing mandatory minimum drug sentences.  Recruited to the SURJ board by the late Governor Russell Peterson, Mr. Carpenter was incredibly active in promoting sentencing reform with Delaware’s legislators.

Thank you to the hundreds of people who, in partnership with SURJ, have contacted their local State Senators and State Representatives over the last decade to promote smarter drug sentencing policies.  The momentum for this important legislative change would not have been possible without your time, energy, and commitment to fostering dialogue around the issues of drug sentencing inequity!

SURJ and DCJ are Proud to Announce a Free Public Education Event

VISIONS OF JUSTICE XI: The Roles of Data and Advocacy in Justice Reinvestment

A free public education forum focusing on justice reinvestment, a data-driven approach for reducing crime, increasing public safety, and scaling back corrections spending.

REGISTER NOW

Monday, May 2, 2011

8:30 am - 9 am Registration & Refreshments

9 am - 12 noon Morning Program

Noon - 1 pm Optional Luncheon

1 pm - 3 pm Afternoon Workshops Led by Keynote Speakers

World Cafe Live at the Queen

500 N. Market Street, Wilmington DE

This event is free and open to the public, but pre-registration is required due to limited space.

An optional deli buffet lunch may be reserved in advance for the discounted price of $20

Keynote Speakers:

Rebecca Neusteter, The Urban Institute

Topic: The Importance of Data Reporting for Criminal Justice Reform

David Rogers, Executive Director, Partnership for Safety and Justice

Topic:  How Advocates Can Effectively Move Justice Reform Forward:  The Oregon Safety and Savings Act Case Study)

Delaware is moving forward with Justice Reinvestment, a data-driven approach for reducing crime, increasing public safety, and scaling back corrections spending. According to the Urban Institute, “A data-driven approach requires examining all the policies, practices, and decision makers that can influence the local criminal justice population… The data to be analyzed should come from all agencies that influence the criminal justice system, including arresting agencies, the jail, pretrial services, the court system, and community supervision agencies. It is important to examine what data these agencies already collect, and how that data can be compiled into a comprehensive assessment of the local criminal justice system (Bennett and Lattin 2009). It is also crucial for jurisdictions to assess the degree to which problems exist with the data collection systems. In most jurisdictions, data management systems are not integrated, precluding agencies from accessing each other’s data.”

The conference will explore the importance of and the role of proper criminal justice data reporting in the Justice Reinvestment process.  The conference will also feature a profile in justice reform success.  David Rogers of Oregon’s Partnership for Safety and Justice will describe how a coalition of advocates, organizations, agencies, and legislators passed The Safety and Savings Act of 2009.  This landmark omnibus corrections savings bill included a range of sentencing reforms that saved roughly $50 million by reducing the need for prison beds and by reinvesting those savings into smarter approaches to public safety.  PSJ’s approach to reform offers valuable lessons for other constituencies seeking to improve public safety and garner fiscal savings.

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The event is co-sponsored by SURJ and the Delaware Center for Justice, with support from the Criminal Justice Council.  This training is supported by Grant No. 2009-DJ-BX-0171, awarded to the Criminal Justice Council by the Bureau of Justice Assistance, Office of Justice Programs, United States Department of Justice.

House Bill 19, the Drug Law Revision Bill (also known as “The Ned Carpenter Act”) will be considered by the full House of Representatives on Tuesday, March 15 at approximately 2 pm in the House Chamber at Legislative Hall in Dover. The bill is the result of a cooperative effort led by the Attorney General’s Office involving each of the Delaware police agencies, the Department of Correction, the judiciary, the Public Defender, and SURJ.

This bill makes important, critically needed changes to Title 16 of the Delaware Code, which contains the state’s laws against drug offenses. The bill creates a more just and fair sentencing structure for drug offenses in Delaware. These changes are needed because Delaware’s current drug sentencing structure is ineffective, expensive, and unjust. Because it was recognized that Delaware’s drug laws were harsher than those of most other states, the sentences in the Title 16 revision reflect more moderate regional norms.

Delaware’s current drug sentencing scheme bases an offender’s punishment primarily on the amount, or weight, of drugs in the case. Judges are not currently able to consider the many aggravating and mitigating factors in each case. Additionally, our current sentencing system treats drug offenders at the “bottom” of the drug trade the same as the kingpins at the “top.” The Attorney General’s committee agreed that, because substance abuse is a public health concern, drug users should not be penalized in the same manner as drug dealers. The new sentencing structure proposed in this bill relies less on the weight of the drugs as the determining sentencing factor, and places more emphasis on the facts in a case that help to distinguish between drug users and drug dealers.

Another important change proposed in this bill is the drug sentencing structure as a whole. Currently, drug offenders may be charged simultaneously with several related offenses, but the new sentencing structure makes only one “base” charge, with aggravating factors (such as selling drugs to a minor, selling drugs within 300 feet of a park, resisting arrest, or a criminal history) increasing the severity of the sentence using a tier system. The law enforcement leadership who participated in the drafting of these revisions have stated that this will greatly reduce their officers’ paperwork and will increase their efficiency.

With 1 in 88 adult Delawareans now behind bars, SURJ believes that this more straightforward, individualized approach to drug sentencing will help our judicial system to best prioritize our limited penal resources. Additionally, the drug law revision would end the practice of charging individuals with a separate offense for committing a drug crime within 1,000 feet of a school. Individuals who are familiar with the City of Wilmington know that virtually every corner in the city is within 1,000 feet of a school. Since this additional school zone penalty has not been found to act as a deterrent, and because it carries a bias toward disproportionately penalizing urban drug offenders, the protective school zone bubble would be reduced to 300 feet, similar to that around parks and churches, and would be an aggravating factor, not a separate offense.

Another critical element in the bill is the reduction of drug offenders’ loss of driving privileges. Drug felons currently face a suspended license for 3 years, and drug misdemeanants for 2 years. Because we know that a revoked driver’s license is a tremendous barrier to anyone attempting to reintegrate into society, find employment, and care for their family, the driver’s license revocation would be reduced to six months for both drug felonies and misdemeanors.

House Bill 19 is an effective step toward promoting public safety, prioritizing Delaware’s prison resources, and making smart distinctions between drug users and drug dealers. SURJ was pleased to work with the Attorney General’s Drug Law Revision Committee toward the creation of this comprehensive reform bill.

Stand Up for What’s Right and Just (SURJ) is celebrating its 10th Anniversary!  Will you join us as we celebrate our achievements in criminal justice reform?

WHEN: Monday, January 24, 2011 at 5:30 pm

WHERE: Firestone Roasting House on the Riverfront (formerly Conley Ward Steakhouse), 100 South West Street, Wilmington DE

WHAT: Appetizers and cocktails

COST: Tickets are $50 and includes admission, appetizers, and two drink tickets

Awards will be presented to:

Governor Russell W. Peterson (Governors’ Award for Social Justice)

Governor Dale E. Wolf (Governors’ Award for Social Justice)

Governor Peterson and Governor Wolf are being honored jointly by the establishment of this 1st Annual Governors’ Award for Social Justice.  The recipients are honored for their leadership of SURJ and for their tireless devotion to criminal justice reform in Delaware.

State Representative Melanie George (Change Agent Award)

Rep. George is being honored for her vision and leadership in rectifying inequities in drug sentencing in Delaware.  Rep. George championed the formation of the Drug Law Revision Committee and the introduction and passage of HB 443 in the House of Representatives in 2010.  She plans to reintroduce the bill early in 2011 and has been instrumental in building bi-partisan support for these critical reforms.

We hope to see you there!

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SURJ Honored by Wilmington City Council

On October 22, 2010, the Wilmington City Council honored SURJ with a resolution celebrating the organization’s 10 years of criminal justice reform advocacy. On hand to accept the resolution, presented to us by Councilwoman and SURJ Board Member Hanifa Shabazz, were Executive Director Joanna Champney, Board President Charlie Copeland, and VISTA volunteer Julie Miller. In addition, the City Council also honored Julie Miller for her year of service dedicated to developing the Project for Older Prisoners (POPS Program). We share these resolutions with our members and friends who have helped us to advance the cause of justice in Delaware for nearly a decade.

Julie Miller Receives Governor’s Volunteer Award

SURJ AmeriCorps VISTA volunteer Julie Miller was awarded the Governor’s Outstanding Volunteer Award in the category of National Service at Dover Downs on October 28, 2010. Along with 13 other dedicated volunteers from around the state, Julie received accolades for her work on the POPS Program. Joanna Champney nominated Julie for this prestigious award. Throughout this past year, Julie has spent over 2,000 hours volunteering to make POPS, a geriatric reentry program, a success for years to come. In response to receiving the award, Julie stated, “I am so honored and humbled to have been recognized for my work with SURJ. This is a wonderful organization doing much good for Delaware and I plan to continue volunteering for them even after my year as a VISTA is finished.”

The effort to improve Delaware’s overly harsh drug laws has culminated in a comprehensive revision of Title 16, which contains the drug code.  HB 443 is a collaborative effort toward drug law reform which began in April 2009 and involved the Attorney General’s Office, Public Defender, Law Enforcement, Department of Correction, and SURJ.  The new proposed drug laws mirror the more sensible sentencing schemes used in other states and bring the drug laws into line with the rest of the Delaware code.  The new scheme is smarter, simpler, and allows for better consideration of the unique circumstances of each drug offense.

Consistent with the rest of the Delaware code, only drug offenses which are Class B Felonies will carry a mandatory minimum sentence.  Some drug crimes which are currently felonies will be reduced to misdemeanors.  The new sentencing structure will simplify and reduce the number of charges in a single drug case.  Prosecutors will no longer be able to heap on multiple charges that carry separate mandatory minimum sentences.  Rather, the new structure includes a base charge according to a “Tier” system, and aggravating factors such as dealing drugs in a school zone or resisting arrest could increase the offense level.

The amounts of drugs that trigger mandatory minimum sentences would also be significantly increased.  For example, 10 grams of cocaine previously triggered a 2 year mandatory minimum sentence; however, the new scheme would require 25 grams of cocaine to trigger the same sentence.  Cases involving lower quantities would trigger the mandatory minimum only if certain aggravating circumstances exist.

Important changes to school zone protections and driver’s license suspensions for drug offenders would also be made.  Currently, drug offenders can rack up penalties if the crime occurred within 1,000 feet of a school.  This is problematic in urban areas such as the city of Wilmington, where the number of schools is more highly concentrated than in rural or suburban areas.  The new law redefines protected school zones to an area within 300 feet of a school.  Currently, those who commit drug offenses face a driver’s license suspension of 1 year.  Drug felons lose their license for 3 years.  This exceeds the length of the federally mandated revocation period.  The new proposed law reduces driver’s license revocations to 6 months for drug misdemeanors and 1 year for drug felonies.

Click here to view our YouTube video recognizing the work of our Americorps VISTA volunteers who are working to expand prisoner reentry programs in Delaware.

SURJ is proud to celebrate Americorps week (May 8 - May 15th, 2010) by recognizing the ongoing prisoner reentry work of its seven VISTA volunteers. These volunteers are working with six local organizations to expand and improve prisoner reentry services.

The organizations hosting a volunteer are SURJ, Delaware Reentry Consortium, Delaware Center for Justice, A Center for Relational Living, the Office of the Public Defender, and The Elizabeth House Family Life Center. VISTAs are tasked with expanding the capacity of the organizations where they are placed. Some of the VISTAs’ activities include recruiting volunteers, creating or improving programs, and investigating grants. Specific areas of service include creating mentoring projects for individuals leaving prison, expanding mental health support for ex-offenders, creating programs for older prisoners, and honing in on the specific needs of female prisoners.

VISTA volunteers sign on for a one year term of service, which includes a modest living allowance from the federal government of between $800 and $900 per month. The meager stipend helps VISTAs experience—some, for the first time—living at or below the poverty level. This is an important “immersion experience,” since most of the programs where VISTAs are placed serve clients who are struggling to make ends meet due to their recent incarceration.

Specific activities of the VISTAs include:

• Tiffany Reed (Office of the Public Defender) is focusing specifically on female prisoners at Baylor Women’s Correctional Institution. She has interviewed 27 female inmates over the last three months in order to assess the unmet needs that the women encounter when they are released from prison before their trial. Based on the interviews, Brooks has created a Gender-Specific Pretrial Reentry Needs Assessment Tool. The needs assessment includes the five commonly identified reentry pillars (housing, employment, human services, education, and community reintegration) but includes other needs as well. The tool will help the Public Defender staff to better understand the needs of their female clients and will enable the staff to develop protocol and best practices for new client intake. Brooks is also laying the groundwork for a “Pathways Through Probation” support group for the women. This pilot project would provide female offenders with the tools necessary to navigate the terms of their probation and would help them avoid technical violations while providing a safe place to get moral support. The pilot program design and launch plan should be in place by next February.
• Nicole Jones (A Center for Relational Living) is expanding a mentor program for former prisoners. Jones is currently assisting ACRL with recruiting mentors. Jones, who recently left her corporate job in New York to pursue public interest work, has been interviewing current and previous mentors at ACRL to determine how the organization can improve its program. She is also creating a mentor application process and is assembling training materials for mentors who are selected. ACRL will launch a mentor recruitment initiative in June to attempt to attract more male mentors to the program. Jones is also ramping up the organization’s donation system in order to ensure that the program is sustainable.
• Tiffany Brooks is assisting the Delaware Reentry Consortium in its mission of providing resources and support to agencies that engage in prisoner reentry work. Brooks has recruited three new board members to the organization and is assisting DRC with planning public events. She has also updated DRC’s Prisoner Reentry Resources Online Directory, which helps ex-offenders, their families, and service providers find appropriate services and resources by geographic area or by service category.
• Charles Goldberg (Delaware Center for Justice) is assisting DCJ with implementing a program aimed at ex-offenders who struggle with Attention Deficit Hyperactivity Disorder (ADHD). Although approximately 25% of incarcerated individuals suffer from ADHD, little to no resources exist to provide them with behavioral coaching to control their symptoms as they reenter the community. Goldberg has been successful in implementing an ADHD screening tool for inmates that will be used by some probation officers going forward. He is also working with local mental health experts to design and implement a research project designed to study whether ADHD treatment and behavioral coaching contributes to reducing recidivism.
• Tinisha Brown and Talita Virgil (Elizabeth House Family Life Center, Inc.) are assisting EHFLC with developing and formalizing the organization’s ex-offender mentoring project. Virgil and Brown are developing the operations manual for the program, focusing on research pointing toward best practices in mentoring. In the coming months, Virgil and Brown will be recruiting mentors for the program.
• Julie Miller (Stand Up for What’s Right and Just), an attorney who graduated from Widener Law School in 2009, is assisting SURJ in its pilot year of the Project for Older Prisoners, or POPS Program. Under the supervision of SURJ, Widener Law students staff the program. POPS identifies eligible geriatric prisoners who pose a low risk for reoffending and for whom sentence modification may be an appropriate option. If sentence modification petitions are successful and the older inmate is released from prison based on the law students’ advocacy, prisoner reentry services are provided by the Delaware Center for Justice. Miller has assisted SURJ in coordinating the many legal and systemic details associated with submitting sentence modification petitions. She has also focused on recruiting law students to participate in the program and on securing grant funding to ensure that the program is sustainable.

You’re Invited!

SURJ Wine Tasting Event Celebrating the Kickoff of the Project for Older Prisoners (POPS Program)

Saturday, May 1, 2010

4 - 8 pm

Deerfield Fine Wines, 205 Louviers Drive, Shoppes at Louviers (Off Paper Mill Road)

Newark, DE

RSVP’s Appreciated to (302) 426-9252

FREE Valet, Live Music, and Silent Auction and $2 Raffle Tickets

Click here to visit our Facebook Event Page!  Hope to see you there!