Reentry Advocacy Day 2009 Agenda

COMMUNITY SERVICE SOCIETY NEW YORK REENTRY ROUNDTABLE ADDRESSING THE ISSUES FACED BY THE FORMERLY INCARCERATED AS THEY RE-ENDTER THE COMMUNITY

Advocacy Day 2009 Legislative Proposals INTRODUCTION ....................................................................................................................... 1 EMPLOYMENT & RESTORATION OF RIGHTS ............................................................................. 2 VOTING RIGHTS ...................................................................................................................... 2 SENTENCING ........................................................................................................................... 2 FAMILY CONNECTIONS............................................................................................................ 2 HIGHER EDUCATION ............................................................................................................... 2 INTRODUCTION The New York Reentry Roundtable was convened in 2006 by the Community Service Society of New York (CSS), and now represents dozens of participating organizations. The Roundtable grew out of recognition of the challenges facing residents of New York State who return to their families and communities after incarceration, be it a few months in county jail or decades in an upstate prison. Most striking is the concentration of this population in a handful of neighborhoods in each city statewide. Led by CSS, The Fortune Society’s David Rothenberg Center for Public Policy, and The Bronx Defenders, the Roundtable has organized two successful Reentry Advocacy Days in 2007 and 2008. Advocacy Day provides an opportunity for formerly incarcerated people, family members, service providers and allies to challenge systemic barriers to civic participation and economic opportunity faced by people with conviction histories. This is an exciting moment for criminal justice advocacy and reform. We congratulate the Legislature and the Governor on passing landmark reforms of the Rockefeller-era drug sentencing laws earlier this session. Championed by tens of thousands of New Yorkers, including hundreds of Roundtable participants, the reforms are a crucial step towards overhauling the failed systems of the last three decades and implementing more sensible, effective and just drug policies. They also carry the potential to save taxpayers millions in costs of incarceration and recidivism. In trying economic times, the Legislature has also taken steps towards “right-sizing” the state’s swollen prison system. The following proposals address other costly and ineffective sentencing policies and counterproductive obstacles faced by individuals who have had criminal justice involvement. Adopting them would not only save money, but would bring policies into line with the goal of sentencing added to the State’s Penal Law in 2006: “Promotion of successful and production reentry and reintegration into society.” They are endorsed by all the participating organizations and are consistent with recommendations of the New York State Bar Association, the Independent Committee on Reentry & Employment, and the Coalition for Criminal Justice Reform’s Blueprint for Criminal Justice Reform.

1 231705.1

EMPLOYMENT & RESTORATION OF RIGHTS

We Support Removing the blanket prohibition on individuals with criminal records working in establishments with liquor licenses. A.3770-A (Aubry)/S4686 (Hassell-Thompson)

We Support creation of a Certificate of Restoration with all the same effects and functions of the existing certificates: the Certificate of Restoration overcomes automatic bars to voting, employment, licensing, public housing, and any other civil disabilities imposed as a result of a criminal conviction. A.4923-A (Aubry)

We Support the Conditional Job Offer Bill, which prohibits prospective employer from making

any inquiry about an applicant’s criminal record until a conditional offer of employment has been made contingent upon a satisfactory criminal background check. A.5330(Aubry)

We Support a path to sealing criminal convictions after a certain number of years in the community without subsequent convictions. A.6065 (Lentol)/S.1708 (Sampson) VOTING RIGHTS

We Support increasing the political participation and power of racial and language minorities in New York State, as well as expanded avenues to civic participation for all New Yorkers, including: 

Extending the right to vote to individuals on parole, and ensuring that every person who is eligible has the opportunity to register and vote. A.1414 (Wright)



Enactment of legislation which aims to remedy the U.S. Census’ policy of counting individuals where they are incarcerated instead of in their home communities by adjusting, for redistricting purposes, home districts of New York prisoners. A.5946 (Espaillat)/S.1633 (Schneiderman)

SENTENCING

We Support extension of merit time release eligibility to domestic violence survivors incarcerated for committing violent crimes. A.4516-C (Weinstein) FAMILY CONNECTIONS

We Support an amendment to the Family Court Act and the Domestic Relations Law in relation to setting or modifying child support obligations of incarcerated non-custodial parents so that incarceration is no longer defined as “willful unemployment.” S.4684 (Hassell-Thompson) HIGHER EDUCATION

We Support policies that expand access to higher education for individuals in prison and those who have returned home including restoration of eligibility for the New York State Tuition Assistance Program (TAP) to people in prison. 1

1

Developed and recommended by the Correctional Association, the National H.I.R.E. Network, the David Rothenberg Center for Public Policy of the Fortune Society, the Bard Prison Initiative, and College & Community Fellowship.

2 231705.1