Criminal Justice System in Pennsylvania: Challenges and Implications
Pennsylvania faces high incarceration rates and a significant number of criminal cases annually, impacting individuals' lives and the economy. The state's stringent licensing board considerations for various professions further compound the issue. Addressing these challenges is crucial for reform and ensuring a fair justice system.
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Centre County Centre County Pardon Project Pardon Project https://pardonmecentre.wixsite.com/website PardonMeCentreCounty@gmail.com Gopal Balachandran, Sharon Barney, and Krista Henry CJAB Meeting, March 24, 2022
Criminal Records in Pennsylvania PA has a higher rate of incarceration (pro rata) than any country in the world,including the US Pennsylvania has the 5th largest prison population in the country On average, over 225,000 criminal cases are initiated in Pennsylvania every year. Approx. 80% of women incarcerated in US jails are mothers, often single parents Almost 1 in 2 children has a parent with a criminal record
Occupations in PA where the licensing board may or Occupations in PA where the licensing board may or does consider criminal convictions does consider criminal convictions Accountant, Architect, Athletic trainer, Auctioneer, Barber, Bondsman, Casino employee, Chiropractor, Cosmetologist, Dental hygienist, Dentist, Employment agent, Engineer, Funeral director, Geologist, Home health care, Horse racing, Hunting/trip permit, Insurance adjuster, Land surveyor, Medical technician- emergency (EMT), Midwife, Mortgage broker, Motor vehicle dealer, Nurse (registered nurse and licensed practical nurse), Occupational therapist, Optometrist, Osteopath, Pawnbroker, Pharmacist, Physical therapist, Physician, Physician s assistant, Podiatrist, Private detective, Psychologist, Radioactive waste disposal, Real estate appraiser, Real estate broker, Salesperson of game of chance, Speech pathologist, Social worker, Tax assessor, Taxi driver, Teacher of the impaired, Truck drivers of hazardous materials, Vehicle damage appraiser, Veterinarian, ANY job involving routine interaction with children
Why Pardons? [P]ardons filed by PA residents from 2008-2018 had an estimated impact of $16,494,815 impact of $16,494,815. The aggregate impact of all pardon recipients is 50% higher in low 50% higher in low- -income communities than high income communities than high- - income communities . income communities . [Pardons] should be considered as no workforce development and neighborhood investment workforce development and neighborhood investment tools tools. The Economy League, Pardons as an Economic Investment Strategy Pardons as an Economic Investment Strategy: Evaluating a Decade of Data in Pennsylvania (April 2020) estimated no- -cost cost
Not Just Jobs Research confirms that, nationwide, a past conviction history raises well over 40,000 barriers to employment, education, housing, loan borrowing, professional licensing, voting among numerous other post-punishment punishments. ~National Inventory of Collateral Consequences of Conviction - American Bar Association (2016)
Extremely Low Rates of Recidivism Of the 3,037 people who applied for a pardon, only 2 (0.066%) were later convicted of a crime of violence. Of the 1,082 pardon- winners, only 1 went on to commit a crime of violence (0.092%). The rate was even lower among those denied pardons: only 1 of 1,955 (0.051%). Judges subsequently ordered incarceration for only 53 of the 3,037 pardon applicants (1.75%): only 4 of the 1,082 applicants who had received pardons, and 49 of the 1,955 who had been denied a pardon, for crimes that almost uniformly did not involve threats to public safety.
Key Words and Concepts Criminal record (arrests & convictions) Expungement (erasing the record) Clean Slate (hiding/sealing the record) Commutation (shortening the sentence) Pardon (forgiving the crime) Exoneration (proving innocence)
IMPORTANT! Pardons do NOT BLAME! No fingers are pointed! To obtain a pardon, applicants must accept responsibility for the past and demonstrate that they have changed and have earned a second chance.
PA Board of Pardons 5 members, specified by the PA Constitution: the Lieutenant Governor (chairman), the Attorney General, and three members appointed by the Governor with the consent of a majority of the Senate, for terms of six years: a crime victim, a corrections expert, and a doctor of medicine, psychiatrist or psychologist
The Pardon Process 1) 2) Application to Board of Pardons (BOP) Interviews/Investigation by the Dept of Probation & Parole: applicant, victim, DA, judge, employer, (2+ years later...) Merit Review by the BOP to decide who gets a hearing (2 votes required) If 4 or 5 votes received and the crime does not involve sex or violence, the applicant is excused from the hearing! Public Hearing before, and Vote by, the BOP (3 votes required) Decision by the Governor 3) 4) 5)
The Pardon Process Application form is free, online, written in Plain English (mostly), and only 4 pages long Lawyers are NOT necessary Process taking 2+ years (down from 5+), Expedited programs (1 year) for: convictions for possession of marijuana/paraphernalia, convictions > 15 years old not involving sex/violence, applicants who have the DA s support, ... Hearings held via Zoom, 160+/session Next hearing: April 26, 9am: https://pacast.com/live/bophearing 133 pardon candidates: 3 from Centre County all excused from attending
The Pardon Process * The Board of Pardons is recommending over 87% of all pardon applications it hears * The Governor is approving over 97% of all pardon recommendations * The Courts are expunging 100%
The Pardon Process County # Pardon Applications RECEIVED 1/1/2019 3/30/2021 AND RECOMMENDED as of 2/16/2022 17 # Still Pending Before Governor Wolf as of 2/16/2022 3 # of BOP Recommendations GRANTED as of 2/16/2022 14 Centre County Total 504 410 94
Benefits of Applying for a Pardon Reclaiming your definition Focusing on the future Creating a portfolio that can be used in applying for jobs, credit, education, Incentives for good conduct/good job performance/volunteering / community engagement HOPE!
Statewide Pardon Projects Pardon Project began in 2018 in Philadelphia with efforts to reform the PA pardon process Gained enormous traction in 2019, thanks to statewide reforms by PA Board of Pardons Pardon Projects now forming/working in: Allegheny Chester Beaver Delaware Berks Erie Bucks Lackawanna Centre Lancaster Luzerne Lycoming McKean Montgomery Washington York
The Centre County Pardon Project Who we are: neighbors, lawyers, government officials, and community agency members What we do: trained pardon coaches help applicants submit the best possible pardon applications Who we serve: free services for those who: live, work, or have a criminal history in Centre County are low income or have an extenuating financial circumstance have completed their sentence at least 3 years ago*
Our Beginnings, Our Future Began as a part of a law student clinic for those seeking commutation (shortening) of prison sentences Started to change when we won an $8000 grant from the American Bar Endowment to appoint a part-time Pardon Fellow (a person with lived experience in the PA criminal justice system) to do outreach to impacted families and communities Gained momentum with the support of the Clerk of the Court, the Judiciary, the District Attorney s Office, and the Bar Association Looking ahead to outreach and pardon applications
The Centre County Pardon Project Coming up: Pardon Coach Training on April 14 at 12pm at Centre County Bar Association, Match Factory Place Available for attorneys and non-attorneys Free malpractice insurance offered by the Pennsylvania Association of Pardon Projects Presentation to the statewide Association on April 14 Additional community outreach opportunities Submitting applications
The Need for Support Our society can invest every dollar we have in job training and workforce development, but we have no chance to succeed if these individuals are still prevented by the bad choices they made decades ago from getting the jobs or housing for which they are qualified today. ~~ United Way Greater Phila (2018)
Thank you! Krista Henry, Pardon Fellow Krista Henry, Pardon Fellow Centre County Pardon Project Centre County Pardon Project University Park, PA 16802 University Park, PA 16802 https://pardonmecentre.wixsite.com/website https://pardonmecentre.wixsite.com/website pardonmecentrecounty@gmail.com pardonmecentrecounty@gmail.com 814 814- -429 429- -9041 9041
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