By Senator, Lena C. Taylor
State Senator Lena C. Taylor
It is generally believed that after an individual commits a crime and, in turn, completes an appointed sentence, whether jail time, community service or a fine, he has effectively paid his debt to society. In doing so, individuals are free to rejoin the community and move on with their lives. Unfortunately, many former offenders learn that after serving their sentence, they continue to face punitive consequences that often obstruct their goals of returning to society as a working and taxpaying citizen—the inevitable result of Alberta Darling’s (R-River Hills) Senate Bill 207.
In order to cultivate successful reentry environments for rehabilitated offenders, it’s crucial we provide an economic climate that doesn’t immediately turn a cold shoulder on someone based solely on his or her conviction record. Simply put, employment is vital to successful reentry. Under Darling’s SB-207, employers would have the right to terminate employees or refuse to hire applicants due to their criminal history. They are never even given a chance to justify the circumstances. In essence, a large group of individuals working to rejoin society is confronted with a massive hurdle. The likelihood of reincarceration increases immediately.
We need to reach out to our fellow citizens and support their attempts to gain meaningful employment and happy, industrious lives rather than enforce discrimination based on past mistakes. That’s why I am reintroducing two bills engineered to combat the exact intolerance leaking through Darling’s narrow-minded legislation.
Firstly, to give past offenders a greater opportunity and a larger voice in the job application process, I drafted “Ban the Box” which prohibits employment discrimination based on conviction prior to selection for an interview. Banning the check box confirming conviction status eliminates inferred prejudices that often result from a lack of explanation by the offender. Still, it is important to note that while I strongly support reintegration efforts, I continue to stay conscious of safe working environments. Which is why my bill DOES NOT deny an employer from inquiring about conviction records once an interview is scheduled. Keeping these communication channels open gives individuals an increased chance for employment, while ensuring a comfortable and reliable fit into a new position.
Guaranteeing this constant flow of information is important and needs to be a two-way street. Unfortunately, many recently released convicts aren’t aware they remain subject to collateral consequences long after their sentences are completed. These additional sanctions include a bar from licenses, permits and jobs, an inability to get or keep benefits such as public housing or education, a restriction on owning a firearm and so on and so forth. Since these consequences are tucked away and scattered throughout different statutes, rules and the State Constitution, individuals are kept in the dark about their status in society.
That said, my second piece of legislation, the Uniform Collateral Consequences of Conviction Act, requires the Legislative Council and the Legislative Reference Bureau to brief convicts about these new restricted rights when he or she is charged and to compile a cohesive list of collateral consequences that is available online. It goes without saying how unfair it is to limit individuals from certain privileges without their knowledge. By providing this information from the get go, a person may seek relief from these consequences from the sentencing judge or they may draft a petition to restore their rights after their release. This certificate gives rehabilitated persons a better chance at successfully reentering society and removes the discriminating handcuffs forever binding them to their record.
Working together is the only way societies can collectively make the triumphant climb out of America ’s crushing recession. We need to learn to forgive our fellow friends and neighbors for past mistakes and open our arms to opportunity in a smart, pragmatic manner. We should also actively reject anything that promotes discrimination. If we don’t, we steal away the American dream from a large community of individuals just in the humble pursuit of happiness.