Transforming Lives through Pardon Projects: A Path to Rehabilitation
Explore the impact of Pardon Projects in Pennsylvania, aiding individuals with criminal records to reintegrate into society. Discover the significance of pardons in providing a clean slate, exonerating guilt, and removing legal barriers for a second chance at life.
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Brainstorming a Pardon Project for Berks County June 1, 2021
Pardon Projects in PA 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 getting started in: Allegheny Erie Lycoming Beaver Lackawanna McKean Centre Lancaster Washington Luzerne
Pardons: The Purpose A pardon completely frees the offender from the control of the state. It not only exempts him from further punishment but relieves him from all the legal disabilities resulting from his conviction. It blots out the very existence of his guilt, so that, in the eye of the law, he is thereafter as innocent as if he had never committed the offense. Diehl v.Rodgers,169 Pa. 316 (1895)
KEY WORDS & 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)
Who Are The Candidates? Every Pardon Project sets its own criteria, but: 5+ years of no problems since COMPLETION of sentence {10+ if crime involved sex or serious violence} 5+ years of clean and sober if crime involved drugs or alcohol Independent confirmation of rehabilitation Reasons to stay on straight and narrow Evidence of giving back to the community
The Crisis/Opportunity Pennsylvania is one of the most heavily incarcerated states in the country/world In 2016, Pennsylvania had the third-highest per capita rate of people under supervision in the country . In fact, Pennsylvania had more people under correctional control (375,000) than the entire population of Pittsburgh (305,928). Report of the PA Auditor General June 2020
The Issue: History 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)
The Effect of Records: Poverty From our perspective, it is undeniable that criminal records are a major factor in keeping people in poverty. ~ Earl Buford, CEO January 10, 2019
Appreciating the Issue: Funders By age 48, the typical former inmate will have earned $179,000 less than if he had never been incarcerated. Pew Foundation (2010) 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 Grtr Phila (2018)
Appreciating the Issue: Governor Harrisburg, PA (March 1, 2021) Governor Tom Wolf late last week signed 310 pardons, 69 of which were part of the Expedited Review Program for Non-Violent Marijuana- Related Offenses.... These pardons will give these 310 people a chance to put the conviction behind them, offering them more opportunities as they build careers, buy homes, and move on with their lives free of this burden, Gov. Wolf said.... In addition to signing the 310 pardons, the governor denied 13 and held six pardons for further review. Since 2015, Gov. Wolf has signed 1,559 pardons, more than any other governor in more than 20 years....
Appreciating the Issue: Legislature Clean Slate (signed into law on June 28, 2018 seals many criminal records for many people Senate Bill 637 (singed into law on July 1,2020) major reforms to state licensing law, by getting rid of criminal record restrictions for professions and occupations regulated by boards and commissions within the Bureau of Professional and Occupational Affairs
Occupations in PA where the licensing board may or does consider criminal histories 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
Essential Jobs in PA where the licensing board may or 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
Key to PAs Workforce One of our department s key objectives is to make Pennsylvania's workforce globally competitive, and that means preparing job seekers through employment and job training services. It s enormously frustrating that a criminal record from 5, 10, even 15 years ago can stop them from getting good jobs today. [G]etting past those histories is key to Pennsylvania s economic future. ~~W. Gerard Oleksiak, Secretary PA Department of Labor and Industry, April 2020
The Community Impact of Pardons [P]ardons filed by PA residents from 2008-2018 had an estimated impact of $16,494,815. The aggregate impact of all pardon recipients is 50% higher in low-income communities than high- income communities . [Pardons] should be considered as no-cost workforce development and neighborhood investment tools. The Economy League, Pardons as an Economic Investment Strategy: Evaluating a Decade of Data in Pennsylvania (April 2020)
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.
Clearing Criminal Records Convictions for felonies and misdemeanors can be expunged (erased) by a judge only after receiving a pardon from the Governor The Governor can only consider candidates recommended to him by PA Board of Pardons Board of Pardons: 5 members Lt Governor (Chair), Attorney General, plus: victim advocate, medical doctor, corrections expert
The Pardon Process 1) Application 1) Complete the form on website 2) Attach underlying records from the court 2) Input by Court and District Attorney 3) Investigation by Probation & Parole (currently: 24 months post filing) 4) Merit Review by the Board 5) Public Hearing and Vote by the Board 6) Decision by the Governor
Pardons The Good News Application form is free, online, written in Plain English (mostly), and only 4 pages long # applications have more than doubled 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 Consent agenda votes (60 at one time)
Pardons The Amazing News * The Board of Pardons is recommending over 83% of all pardon applications it hears * The Governor is approving 97% of all pardon recommendations * The Courts are expunging 100%
BOP Pardon Hearings Held March 3-5, 2021 Total Pardon Hearings Scheduled: 169 Total Consent Agenda Cases: 59 Total Pardons Recommended: 146 of 169 = 86.4%
# Pardon Hearings Held March 3-5, 2021 Total Pardon Hearings Scheduled: 169 Total Consent Agenda Cases: 59 Total Pardons Recommended: 146 of 169 = 86.4% Total from Berks: 0
County-Based Pardon Projects So Where Do We Fit In? SIMPLY HELPING PEOPLE APPLY!
The Benefits of Just Applying 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
The Benefits of Just Applying 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!
The Most Difficult Part Two Essays 1) Your conviction(s): What were you doing and how did you get caught? 2) Your redemption: Why do you think you should get a pardon?
The Most Difficult Part The Two Essays A Very Easy Solution: Pardon Coaches
The Very Easy Solution: Pardon Coaches Who Make Good Pardon Coaches? Social Workers, Health Care Workers, Addiction Counselors, Reentry Programs, Church-goers, Students, Lawyers and Paralegals... Anyone with empathy and patience
A Community Partnership Community Centers (incl Bar Assn, Rotary/Elks, Colleges, CDCs, CAAs, Churches/Synagogues ...) > Easy (3 hours, and done) and very rewarding Courts (Clerks and Judges) > Provide copies of the underlying records easily and for free to low-income clients of the Project District Attorney Offices > Help shape the Project s eligibility criteria > Give priority to reviewing pardon applications coming from the Pardon Project
The Challenges Getting those with records to believe they really do have a chance to get a pardon (Community Pardon Hubs ) Connecting them with people who have been trained in the application form and process ( Pardon Coaches )
THE RESOURCES PLSE website (designed for clients): www.plsephilly.org (sign up for newsletters) Extensive Video Library: www.plsephilly.org/video-library/ BOP website: www.bop.pa.gov Tobey Oxholm, Director, Pardon Project Oxholm@plsephilly.org 215-783-2329 (c)
