politics

Locked Out (creative commons image by Jared Rodriguez)
Locked Out (creative commons image by Jared Rodriguez)

The Minneapolis Star-Tribune reports that a group of “sex offenders” are registering to vote and plan to run for elected office. I put “sex offenders” in quotations because these voters and office-seekers are not currently under supervision for any crime. Instead, they are “civilly committed,” which means that they have either already completed their criminal sentences or, as is the case for over 50 clients, they were never charged as an adult for a sex offense. Although they are euphemistically called “clients” rather than prisoners, most will likely be locked away forever.

How can we continue to lock someone up after they have done their time? The state Department of Corrections generally reviews those convicted of sex crimes at the end of their sentences, referring those deemed dangerous to county attorneys, who may then file a petition for commitment with the district courts. Although civil commitment is rare in many places, Minnesota does this a lot — there are currently about 700 such clients in two secure facilities in the state. How many are released? The program has been in operation for over 20 years, but only 2 people have ever been provisionally discharged from the program.

In a federal class action lawsuit, U.S. District Court Judge Donovan Frank has raised serious questions about the program’s constitutionality. To date, however, the residents/inmates have received little hope or relief and the trial has been pushed back until next year. Given the hyper-stigma surrounding sex offending, few brave souls will act or advocate on behalf of the people in the program. So, they are doing their best to advocate for themselves and to work within what is increasingly acknowledged as a broken system — exercising their rights to vote and seek office.

While the article by Chris Serres and Glenn Howatt contains a wealth of information, they omitted one other factoid that speaks to the program’s sustainability: according to the state Department of Human Services, the per diem cost of the program is $341. This is approximately $125,000 per inmate per year, or roughly four times the cost of the $86 per diem at the state’s correctional facilities. As law professor Eric Janus once put it, “The option of doing nothing would not be responsible from either a legal or fiscal perspective.”

Virginia_new_sign Two quick felon voting updates:

Most importantly, the Richmond Times-Dispatch reports that Virginia Governor Bob McDonnell will begin automatically restoring voting rights for  “nonviolent felons” beginning July 15. Those convicted of violent crimes must still undergo an application process, following a five-year waiting period. “Non-violent” is a problematic definition in practice, but I expect this to be a meaningful change for Virginia. In particular, a switch to an “automatic” or default system tends to be far more effective in restoring civil rights than, say,  “streamlined application processes.”

Also, Marc Mauer and I wrote a new Huffington Post op-ed on race, voter turnout, and felon disenfranchisement.

mnloveYou might have heard that Minnesota Governor Dayton just signed Freedom to Marry legislation, but he also made Ban the Box the law-of-the-land-of-10,000-lakes.  Megan Boldt describes it succinctly at twincities.com:

Gov. Mark Dayton this week signed a bill that would ban employers from considering a job applicant’s criminal history until the applicant has an interview or is offered a job.

Supporters of the bill, dubbed “ban the box,” have argued the change allows people who have made mistakes to be considered for a job on their merits and skills, instead of having their application immediately discarded.

Since 2009, Minnesota has required all public employers to wait until a job candidate has been selected for an interview before inquiring about criminal history.

I can take no credit (or blame, I suppose) for this development, but I can brag a bit about amazing Minnesota graduate students like Sarah Walker and Rob Stewart, community leaders like Mark Haase at the Council on Crime and Justice, and many formerly incarcerated men and women who came forward to tell their stories and build support for this legislation.

Yes, employers can and will still discriminate on the basis of a criminal record, but the research literature suggests that ban the box is a tremendously important step. In my Minnesota audit study on low-level records, for example, 25% of the hiring authorities we interviewed told us they wouldn’t consider any (hypothetical) applicant with a record, but they were much less likely to discriminate on that basis when confronted with a real human being applying for a job. And in Devah Pager’s important audit studies (and my own as well), personal contact with a hiring authority is a powerful, powerful predictor of “callbacks” from employers. So, I’m optimistic that Ban the Box won’t simply waste applicants’ time — or that of employers.

For a national perspective on these laws, check the recent EEOC guidance on the topic and a useful page from the National Employment Law Project. And, yes, I’m already scheming to evaluate implementation and outcomes…

When I discuss voting rights for people convicted of felonies, I’m often asked whether I’d favor restoring gun rights as well. Hostile talk show hosts sometimes take this tack, perhaps anticipating a knee-jerk liberal response that will lay bare the contradictions in my position. But I always respond that I haven’t done enough research on restoration of firearms privileges to offer any sort of expert opinion on the issue.

Fortunately, others are doing such research. For example, Brandon Stahl of the Star-Tribune examined the 114 people whose gun rights were restored by Minnesota judges over the past 8 years. He found only one new gun crime, a 2011 conviction for carrying-under-the-influence and fifth-degree assault. Of the 114, Mr.  Stahl also uncovered 3 new drunk driving cases and a conviction for violating a protective order by sending a hostile text message. I can’t vouch for the rigor or comprehensiveness of the analysis, but it does not appear that judges are routinely giving guns to people at high risk of reoffense. Getting such basic facts is timely and important, as Minnesota State Senator Barb Goodwin of Columbia Heights has introduced a bill that would make it more difficult for former felons  to regain gun rights.

Researching Locked OutI got a glimpse of the issue when I asked Minnesota prisoners about firearms rights. Losing gun rights seemed especially important to the hunters I interviewed, some of whom relied heavily on firearms to put food on the table. Here’s an excerpt from my conversation with Daniel, a young American Indian man from northern Minnesota who was incarcerated for burglary. His story didn’t necessarily change my mind on the issue, but it helped me see the stakes involved.

Daniel: I believe if you’re a violent felon with gun charges or anything else, you should not be allowed to own or use a firearm. But for those of us that aren’t into that kind of thing, I believe you should be allowed to hunt because it is a means to support your family.You know?

CU: Yeah. So loss of that right is especially important to you, the hunt-, or the firearms?

Daniel: Yeah. Because it’s hurting my family. I mean they look at it, “Well, he’s a felon, he doesn’t get to use a gun. The community will be safer.” Yet they don’t look at it like, “Okay. We won’t let him hunt. We’re taking food out of his kids’ mouths.”

CU: Yeah. So when you say that- So you’re someone who would go out and get a deer or get something-

Daniel: I was born and raised like that. And, you know, it’s not the sport of it. I was never raised like that. It’s not a sport to me, it’s a way of life. Means, you know, to feed my kids.

CU: Yeah. Yeah. So you hunt year-round?

Daniel:  I can’t hunt. I can’t hunt ‘til I don’t know when I get my rights back….

CU:  See ‘cause to me, I think of hunting as like something, you know, one week of deer, and you go and do that. And I don’t think of it in terms of the food. But for you, that’s a big part of it.

Daniel: Right.

CU: And that ha- And since a gun- Let me just make sure I’m tracking. So since a gun had nothing to do with your crime,

Daniel: I should be allowed to own one. ‘Cause you know, even, even if it’s I gotta go in and get a permit once a year, say, to use a firearm, a rifle. Fine. You know, I’ll go in, I’ll pay the extra money for a permit. Plus you know, it’s income the state could be collecting, for whatever.

So hunting and guns were a much bigger deal to Daniel than they were to me — for reasons that had nothing to do with criminal activity. But it isn’t just men. Here’s how Mary, a White woman from greater Minnesota who was incarcerated for a drug-related offense, described the importance of hunting in her family:

I can’t hunt. I can’t carry a firearm. And in my family, I have two young boys so, you know, we take [them] out hunting. My husband and I hunt, I hunt with my father, and so on and so forth. We go deer-hunting every year. Well, now all I can do is walk in the bush. I can’t carry a gun. And it makes it difficult. [We’ve been going] ever since I was twelve years old, and I’m forty. That’s an awful long time. 

Diana, another female hunter, offered a similar account.

I love deer hunting. I love goose, I love bear. I’m a country girl- that’s the way I was raised. And I am a member of the NR-, well I was a member of the NRA. My father was, I mean, my brother, the whole bit. 

I haven’t done much research on this issue outside Minnesota, but I found that gun rights were also important to former felons in a random sample of Florida clemency applications I examined a decade ago. There, White ex-felons were especially likely to seek restoration of firearms privileges (while African Americans were especially likely to be seeking restoration of voting rights).

Given the potential risk to public safety, I’d likely oppose any sort of blanket restoration of firearms rights — despite the salience of the issue to those I interviewed and the reassuring absence of gun crimes among those who’ve had their rights restored. That said, I’d likely oppose the bill presented by Senator Goodwin, which create further barriers for people like Daniel, Mary, and Diana to regain these rights.

it was certainly troubling to see all those images of riot police and masked anarchists in my hometown of good ol’ st. paul.

knowing that i had friends and former students on both sides of the lines, i worried that the clash might explode, that blood would be shed, and that careers and lives would be disrupted if not ruined.

and, did anyone else worry — just for a moment — that such a clash might usher in a repressive “law and order” response by the two major parties? don’t tell me that senator mccain isn’t ready to capitalize on such a moment, or that joe biden hasn’t already written the speech.

for better or worse, the conventions have ended, the out-of-towners have left, and the party platforms have been ratified. if you’d like a sneak preview of the role of crime in the coming debates, crimprofs points us to a helpful national criminal justice association guide to each party’s crime platform. a few excerpts and links:

The Democratic platform, adopted during the convention in Denver last week, includes a four-paragraph section on criminal justice focusing principally on support for local law enforcement and ending violence against women. On support for law enforcement, the platform states, “We will reverse the policy of cutting resources for the brave men and women who protect our communities every day. At a time when our nation’s officers are being asked both to provide traditional law enforcement services and to help protect the homeland, taking police off of the street is neither tough nor smart; we reject this disastrous approach. We support and will restore funding to our courageous police officers and will ensure that they are equipped with the best technology, equipment and innovative strategies to prevent and fight crimes.” …

“The Republican platform, adopted last week as delegates prepared to travel to Minnesota for this week’s convention, includes an eight-part criminal justice section on the topics of ending child pornography, gangs, sentencing, reforming prisons, federal law enforcement, fighting illegal drugs and protecting the victims of crime.”