by RICH CASSIDY on JUNE 5, 2011
In my May 19 post, “The Bad News: No Enactments of the Uniform Collateral Consequences Act this Year,” I promised to explain why there is real reason to feel optimistic about the prospects for reform of the law of collateral consequences.
At least three circumstances suggest that we are on the path to a more rational national policy.
First, as described in my May 5, post, “U.S. Attorney General Holder Urges Collateral Consequences Reform,” the Attorney General has promised federal action and urged his state colleagues to take action in each of our states and territories.
Second, the American Bar Association Adult Collateral Consequences Study has made real progress. As the Attorney General noted in his letter, a stunning 38,000 statutes and regulations imposing collateral consequences have been identified. You can see the preliminary results here. Work is underway to categorize these laws in preparation for the development of a state by state web site that will make this information readily available for the first time.
Third, we are seeing a national trend to develop a criminal justice system that is as smart as it is tough. The ABA Criminal Justice Section’s May 6, 2011 “Dialogue on Strategies to Save States Money, Reform Criminal Justice & Keep the Public Safe,” is recent example of a changing public discourse on this subject. The ABA is working in 10 states to encourage increased pretrial release of arrested defendants, decriminalization of minor offenses, effective reentry programs, increased use of probation and parole, and community corrections programs. Speakers at the Section’s May 5 event in Washington included Kentucky Chief Justice John D. Minton Jr., Kansas State Representative Pat Colloton, Former Virginia Attorney General & President and CEO of Prison Ministries Mark Earley, Pew Charitable Trusts Project Manager for the Public Safety Performance Project Richard Jerome, American Civil Liberties Union Advocacy & Policy Counsel Inimai M. Chettiar, and Texas Public Policy Foundation Director for the Center for Effective Justice Marc Levin. The development of effective re-entry strategies requires reexamination and rationalization of the barriers to re-entry imposed by collateral consequences.
You can check out The ABA’s State Policy Implementation Online Resource Page here.
Stay “tuned” for more information.
Rich