Sentencing Action Network HB 2490

[Kevin Spidel]

Dear Sentencing Action Network members,

Please see the article below from today�fs Arizona Daily Star regarding HB 2490, the bill to restore civil rights to ex prisoners. We are hoping that the editorial will also run in the Arizona Republic. Unfortunately, the Chair of Judiciary in the House, Eddie Farnsworth, refused to assign the bill to his committee�fs agenda, making it effectively dead. However, it ain�ft over til it�fs over, and there is always the possibility that a bill can be revived. We will continue to monitor the situation and keep you posted.

Chin and Lowenthal: Restore full rights to former offenders

By Gabriel "Jack" Chin and Gary Lowenthal

SPECIAL TO THE ARIZONA DAILY STAR



Michelle Convie is a social worker, mother and grandmother. She owns property, pays taxes and works hard at a shelter for homeless women and children. Because of two marijuana-possession convictions, both more than 20 years old, Michelle cannot vote, serve on a jury or hold elected office.



Michelle is not alone. Roughly 5 million Americans are barred from full citizenship even though they fully paid their debt to society.



As President Bush reported in his 2004 State of the Union Address, "America is the land of second chance, and when the gates of the prison open, the path ahead should lead to a better life."



House Bill 2490, introduced by District 28 Democratic Rep. Ted Downing would restore the right of Michelle and countless other Arizonans to be responsible citizens.



All former inmates would automatically regain their voting rights once they complete their punishment and pay all fines and fees. They would still have to petition a judge to regain the rights to carry or possess firearms after a suitable waiting period.



Existing law is confusing. First-time felons in Arizona have their rights automatically restored when they complete their sentences.



People with two or more convictions must wait two years and then must ask a judge to reinstate full citizenship. That judge may choose to deny reinstatement.



The application process is poorly understood, even by court personnel and prison officials. The law does not give judges a standard to apply. No office helps people navigate a complex legal process. This puts basic civil rights out of reach for many ex-offenders who paid their debt to society.



HB2490 would eliminate these obstacles. It would bring Arizona law into line with 38 states that have a similar or less restrictive policy, including California, Utah, Colorado, New Mexico and Texas.



This is the right thing to do, and it promises to reduce crime. A study sponsored by the National Science Foundation, among other research, found people who have their rights restored are less likely to reoffend than people who are isolated from the mainstream, law-abiding community.



If the goal of our laws is to hold people accountable, then restoring a person's civil rights makes good sense. It once again lets them fully participate in the affairs of their community.



Arizonans pride themselves on self-sufficiency. We support the rights of people to make decisions and to have a say in their own lives.



Denying them such a right conflicts with our American values of compassion and equality.



It undermines the basic democratic principles of our nation and our state. We call on Arizona's legislators to stand up for true democracy and give the bill a fair hearing.



�œ Gabriel "Jack" Chin is the Chester H. Smith professor of law and co-director of the Law, Criminal Justice and Security Program at the University of Arizona's James E. Rogers College of Law. Gary Lowenthal has been a professor at the Arizona State University College of Law since 1976.



Caroline Isaacs

Program Coordinator

AFSC Arizona Area Program

931 N. 5th Ave. Tucson AZ 85705

520-623-9141

www.afsc.org/az