As a long-time advocate for criminal justice reform, I found both the movie 13th and the book, The New Jim Crow by Dr. Michelle Alexander, to be incredibly helpful in solidifying the problems we have in our criminal justice system.
Serious reform is needed to make a just system that will dismantle the racial caste system and classist system.
So, here's my dream legislation, as legislation is one component to making this change. Obviously, I am not a legal scholar, so, please feel free to chime in with critiques or suggestions. It won't solve all the problems but it's a start.
PROHIBITION OF FOR PROFIT CORRECTIONS
All aspects of correction, from the Department of Justice, policing at all levels of government, jails, prisons, probation, parole, diversion programs and drug courts shall be considered aspects of the public sector, funded by government funds, and shall have no stakeholders in the private sector. Private, for-profit industry in any area of these agencies shall be outlawed at the local, state and federal level.
AMEND THE Controlled Substance Act of 1970
Strikethrough Section 812. Schedule of controlled substances, Schedule I, (c10 Marihuana), (c17 Tetrahydrocannabinols)
Strikethrough Section 841. Prohibited Acts, (b) Penalties and (d) Offenses involving chemicals
Strikethrough Section 844. Penalties for Simple Possession (a) through (c)
Strikethrough Section 844a. Civil penalties for small amounts of certain controlled substances (a) through (j)
Strikethrough Section 848. Continuing criminal enterprise (e) death penalty
Strikethrough Section 849. Transportation and safety offenses (a) through (c)
Strikethrough Section 853. Criminal forfeitures (a) through (p)
Strikethrough Section 862. Denial of federal benefits to drug traffickers and possessors section (a) through (h).
Strikethrough Section 863. Drug Paraphernalia sections (a) through (e).
Strikethrough Section 880. Administrative inspections and warrants, (c1)
Strikethrough Section 886. Payments and advances section (a) payments to informers
Strikethrough Section 886a. Diversion Control Fee Account (entirety)
ELIMINATE THE DRUG ENFORCEMENT AGENCY
Shall terminate the entirety of the Drug Enforcement Agency.
VOTING RIGHTS
Shall hereby deem that the voting rights of all United States citizen of or exceeding eighteen years of age shall have the right to vote in local, state and federal elections irrespective of previous or current state of incarceration, felony or misdemeanor status. Such right cannot be infringed upon at any time.
REMOVAL OF MANDATORY MINIMUM SENTENCING
Shall hereby deem all mandatory minimum sentencing guidelines at a local, state and federal level shall be unlawful and returns the right to discretion of judges and/or juries as defined by state law.
PROHIBITS DISCRIMINATION IN PRIVATE SECTOR EMPLOYMENT
Shall hereby consider discrimination on the basis of felony conviction of which is five years or older at the time of application a violation of employment law at the local, state and federal level for all private sector employment. Authorizes the Equal Employment Opportunity Commission to monitor and provide guidance, as well as respond to grievances in relation to matters related to discrimination on the basis.
Prohibits the usage of any type of question, whether in writing, electronic or verbal, on any job application in which an applicant must clarify whether or not they have been arrested and/or convicted of any crime.
Prohibits the usage of background screening upon any applicant in which, at the date of the background screening being ran, would review criminal convictions that exceed five years.
Exception: Financial institutions may review any criminal convictions of any crime that involves larceny, theft, embezzlement or any other so-called "white collar crime" without limitation but must apply such employment exclusions, in writing, to all applicants and must apply such exclusions equally and without exception to all applicants of whom have a relevant record.
Exception: Nothing in this section shall be construed as overriding guidelines by state or federal law that place restrictions on the obtainment of certain licenses in which a person's crime would be in strict violation of such licensures ethical codes.
Exception: All crimes of a sexual nature, including but not limited to sexual battery and crimes related to children or human trafficking, shall be subject to limitless review and such individuals classified as sexual offenders may be disbarred from employment in which these individuals reasonably would expose the public to potential harm (for example, working with children or vulnerable persons.)
Exception: Nothing in this section overrides or limits the ability to exclude employment to individuals convicted of crimes in the nature of abuse to vulnerable populations from working in a sector with such vulnerable persons, for example, medical professionals who perform home health care.
AMEND THE US. CODE 1437--LOW INCOME HOUSING ASSISTANCE
Strikethrough Section C--Subsection 2b, "Where the Secretary determines that a project assisted under this section is located in a community where drug-related criminal activity is generally prevalent and the project’s operating, maintenance, and capital repair expenses have been substantially increased primarily as a result of the prevalence of such drug-related activity, the Secretary may (at the discretion of the Secretary and subject to the availability of appropriations for contract amendments for this purpose), on a project by project basis, provide adjustments to the maximum monthly rents, to a level no greater than 120 percent of the project rents, to cover the costs of maintenance, security, capital repairs, and reserves required for the owner to carry out a strategy acceptable to the Secretary for addressing the problem of drug-related criminal activity."
Strikethrough Section D-Subsection 1b iii, "or any drug-related criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the tenant’s household, or any guest or other person under the tenant’s control,"
Strikethrough Section O-Subsection 6c iii, "drug-related"
Strikethrough Section O-Subsection 7D, "drug-related"
AMENDMENT OF EDWARD BYRNES GRANT
Amends eligibility of the Edward Byrnes Grant by removing "Drug enforcement" from the grant requirements.
JUVENILE OFFENDER POLICY
Prohibits any persons under the age of 21 from being considered an "adult offender" for all crimes, with the exception of murder, sexual battery or an act of terrorism. Requires local, state and federal agencies to treat all offenders, excluding the above offenses, who are less than 21 years of age at the time of the charging of the crime from entrance into punitive programs or institutions as designated for adult offenders.
Prohibits juveniles or persons under the age of 21 from obtaining the felony designation for any crime, including continual or repeat offenses, with the exception of murder, sexual battery or an act of terrorism. Prohibits the usage of a background screening to prohibit protected juveniles from exclusion in schooling or employment on the basis of a conviction that occurred before the age of 21.
IMPRISONMENT AND COMPENSATORY PRACTICES
Such persons who become imprisoned by a local, state or federal agency but of whom have not been duly convicted of a crime shall not be incarcerated or detained for any period greater than 48 hours, unless properly indicated by a grand jury. Such persons who are incarcerated after a period of 48 hours shall be compensated, in the amount of not less than the locality's minimum wage per hour, for every quarter hour after the 48th hour of detainment, if:
(1) the individual is not eventually convicted of a crime related to detainment.
Any such person who is eventually convicted of a crime shall not be entitled to remuneration. Persons whom are not convicted, whether by acquittal of a jury or by the discretion of a judge and/or agency, shall be duly paid for all time lost exceeding 48 hours in the amount of minimum wage per quarter hour after the 48th hour.
Detainee shall be entitled to remuneration, without penalty of taxation, within 7 calendar days from the date in which detainee is duly acquitted from their crime. The Department of Justice shall be tasked with enforcing and handling all grievances of non-payment or violation of this provision.
EMPLOYMENT PROTECTION DURING CRIMINAL PROCEEDINGS
Any such person whom is detained by a local, state or federal agency, but not duly convicted, shall be protected from job termination or discipline as a result of criminal proceedings. Such employers must retain the individual and re-instate the individual, without prejudice, upon an acquittal or dismissal of charges against any arrestee. However, should such arrestee become duly convicted, the employer shall have the right to terminate such employment indefinitely.
Exception: Arrestees who are charged for criminal behavior by their employer, or by an employee of the company, shall not be entitled to job security during the criminal proceedings.
Furthermore, employers shall not discriminate against persons who are required to report to court proceedings, whether as the charged individual or serving as a witness in criminal or civil proceedings. As such, employers may not discipline, demote or terminate any such employee who is not duly convicted but required to tend to court proceedings.
The Equal Employment Opportunity Commission shall be tasked with enforcement and handling of grievances related to this nature.
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