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New York State Bar Association Calls for Sweeping Reform to Help Integrate Former Offenders Back into Society
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Proposals Will Increase Public Safety by Reducing Recidivism
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For more information contact:
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Andrew Rush
Director, Media Services Department
(518) 487-5530
arush@nysba.org
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Hundreds of thousands of former offenders in New York State, upon their release from prison face significant obstacles that make reintegration into society more difficult and contribute to recidivism rates, according to a report adopted by the New York State Bar Association (NYSBA).
These obstacles include being blocked from certain occupations, including jobs they were trained to do while incarcerated; difficulties in continuing their education; being barred or rejected from housing opportunities; and glaring inconsistencies in the civic practices, such as voting and jury duty, in which they are allowed to participate.
The report, prepared by the Bar Association’s Special Committee on Collateral Consequences of Criminal Proceedings Chaired by Peter J.W. Sherwin (Proskauer Rose LLP) was adopted at the association’s House of Delegates meeting on November 4, 2006 and proposes a sweeping package of reforms designed to alleviate some of the obstacles confronting former offenders. Removing these obstacles will give these individuals a greater opportunity to once again become productive members of society, and thereby increase public safety. The House of Delegates is the official policy making body of the New York State Bar Association.
The New York State Bar Association President Mark H. Alcott (Paul, Weiss, Rifkind, Wharton & Garrison LLP) has made the issue of collateral consequences of criminal proceedings a cornerstone of his presidency. In response to adoption of the report and the ground breaking recommendations it contains, Mr. Alcott said, “This issue is too important to be overlooked any longer. While we absolutely must punish those who have committed crimes, we must also raise awareness of the fact that the collateral consequences of their sentences many times lead to a pattern of repeat offenses. If an ex-offender isn’t allowed housing, or can’t get a job even though he or she may have been trained for one, the person may again return to a life of crime. The recommendations contained in this report are meaningful and detailed, and if they are adopted, will lead to safer neighborhoods all across the state.”
To further his understanding of the issue, shortly before taking office in June 2006, Mr. Alcott visited inmates in a maximum security state prison and noted that, “While many inmates do receive education and training as part of their rehabilitation, these efforts are often stymied by a myriad of factors, both societal and legal, that often preclude them from using the skills and training they have received. We know that former offenders who are able to re-enter society in a meaningful and productive manner are much less likely to end up back in prison. For that reason these reforms will increase public safety and allow people who have had problems in the past to turn their lives around.”
Among the list of reforms recommended by The New York State Bar Association are:
Require judges to inform criminal defendants of all civil consequences prior to accepting a guilty plea and incorporate the collateral consequences of criminal conviction into the sentence or judgment imposed by the court;
Close current loopholes to ensure that all sealed records remain sealed;
Reduce returns to prison for “technical” parole violations and expand the use of alternatives to incarceration and outpatient drug treatment;
Create an affirmative defense to negligent hiring claims;
Make educational programming available to all inmates in jail and prison until they have obtained a GED, regardless of age;
Increase access to college programming during and after incarceration;
Permit those on parole to vote (people in county jail and those on probation are allowed to vote in New York State);
Ensure availability of public assistance for the recently released; and
Protect people with criminal records from unjust discrimination in housing.
A full copy of the report is available at the bar association’s web site – www.nysba.org
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