Tag Archives: The Sentencing Project

Inmates To Work For Nonprofits With Details To Be Worked Out In Assembly

By Kieran K. Meadows

State and local inmates will soon be able to work for nonprofit agencies again—and this time it will be legal.

New York voters approved a ballot proposition in the recent general election that allows prisoners to perform volunteer work for nonprofit organizations. The result now enables the state Assembly to begin drafting a law outlining guidelines on how the work would be done. The prisoner advocacy community is planning to make a concerted effort to influence the bill’s content.

Prisoners in New York have long worked on municipal jobs, such as being part of a crew that cleans up a state-run site like a park. The ballot measure’s passing, by 68 to 32 percent, clears up a legal question that had halted sheriff-sponsored programs that had brought inmates to work at charities, fairgrounds, cemeteries, churches, and other nonprofits.

“This just makes it possible once again,” said John Caher, spokesman for the state Division of Criminal Justice Services.

The practice had been considered illegal due to a provision in the state Constitution that says no prisoner “shall be farmed out, contracted, given or sold to any person, firm, association or corporation.” The Constitution, however, does permit prisoners to work for public purposes on state projects.

According to Caher, the state Commission of Correction four years ago advised sheriffs to discontinue the practice of allowing inmates to work for nonprofits. Since then, the New York State Sheriffs’ Association has lobbied the Legislature to change correction law to allow the practice. However, because it was prohibited by the Constitution, passing a statute is insufficient—an amendment is required to make it legal.

In order to pass an amendment in New York, voters must approve a ballot proposition. To get on the ballot, the question must first pass the Assembly and Senate in two successive sessions—this question has overwhelmingly passed both houses twice.

The ballot measure’s passing now authorizes the state Legislature to write a law to amend the state Constitution.

“Now that this is legal we will defer to the Legislature and governor to determine whether such an initiative advances the public interest,” Caher.

Some in the prisoner advocacy community are looking to find out what the proposition’s approval will actually mean in practice for inmates.

“This thing caught us a little off guard,” said Dr. Divine Pryor, the director of the Center for NuLeadership on Urban Solutions, the first and only policy and academic research center developed and staffed by formerly incarcerated individuals. “There are many incarceration issues and due to our limited capacity here, we were probably focusing on another priority.”

Now, Pryor said, “the Center is committed to providing legislators the most current and precise information on issues that affect urban communities like the proposition does.”

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Felony Disenfranchisement

(This post is similar to the one that I originally wrote for this Web site)

Yesterday my colleague Amy Wysowski began an interesting and relevant conversation about this issue especially as we rapidly approach this year’s Election Day. Also, another colleague, Jackie Linge, drawing on her prior legal experience, added fascinating insight (as well as the human side of the story).

After reading the comments from Amy’s post, I thought maybe this issue needed its own post for ongoing discussion.

First, if you are interested in knowing what New York State felonies are, this site provides a list by offense level. Did you know there are A1 and A2 level felonies, B violent felonies, B non-violent felonies, C violent felonies, C non-violent felonies, D violent felonies, D non-violent felonies, and E felonies? Have a look at the lists. You may be surprised by what you see — and let’s not forget the broad discretion prosecutors have in deciding what charges should be brought in cases.

In New York State if you are convicted of any of the above, you will lose your right to vote (until you are on probation). It is also very hard to get a job (much less a good one) after a felony conviction.

FairVote2020 has some neat interactive charts and maps with loads of good information about felony disenfranchisement across the U.S. by state.

Dan Filler, blogging at the Faculty Lounge, writes:

Felon disenfranchisement has an intuitive appeal – we deny the right to vote to those who breach the fundamental social contract and violate the law.  But these laws have deeply racist roots and a dramatically disparate racial impact today.  There is also a deep democratic problem with the policy; as we criminalize and prosecute more and more conduct, we passively strip more and more citizens of voting rights.

Most states added felon disenfranchisement laws in the aftermath of the Civil War. It is no coincidence that more people gained the right to vote at that exact moment (at least in writing on the Federal level, via the 13th, 14th, 15th, and later the 19th amendments). Only two states allow everyone to vote (including those who are incarcerated): Vermont and Maine. Those two states are each almost 97% white (the highest white populations by state).

For more information and the latest news, see the Right To Vote Campaign, a collaboration between the ACLU, the Brennan Center for Justice, and The Sentencing Project. The Right To Vote Campaign has led on this issue, but its own Web site has been down recently for some reason.

Late Update: See this New York Times article from Sunday’s edition, “States Restore Voting Rights for Ex-Convicts, but Issue Remains Politically Sensitive” and accompanying multimedia map from The Sentencing Project.

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Filed under Activism, Anti-Racist, Politics, Race