Second Chance Act
Encyclopedia
Update: H.R. 2065, The Second Chance for Ex-Offenders Act of 2011
Update: H.R. 1529, The Second Chance for Ex-Offenders Act of 2009
On March 16, 2009, Congressman Charles B. Rangel
[D-NY] sponsored and introduced The Second Chance for Ex-Offenders Act of 2009 [HR 1529] which would permit expungement of records of certain nonviolent criminal offenses. Second Chance for Ex-Offenders Act of 2009 - It amends the federal criminal code to allow an individual to file a petition for expungement
of a record of conviction for a nonviolent criminal offense if such individual has:
(1) never been convicted of a violent offense and has never been convicted of a nonviolent offense other than the one for which expungement is sought;
(2) fulfilled all requirements of the sentence of the court in which conviction was obtained;
(3) remained free from dependency on or abuse of alcohol or a controlled substance for a minimum of one year and has been rehabilitated, to the court's satisfaction, if so required by the terms of supervised release;
(4) obtained a high school diploma
or completed a high school equivalency program ; and
(5) completed at least one year of community service
.
Status of the Legislation.
Latest Major Action: : Status: Referred to the House Committee on the Judiciary.'
The Second Chance for Ex-Offenders Act of 2007 , titled "To permit expungement of records of certain nonviolent criminal offenses" is a bill submitted to the United States House of Representatives
by Representative Charles Rangel (D-NY) to amend the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for certain nonviolent criminal offenses. The resolution was introduced on January 22, 2007.
Confusingly, a similarly named bill, the Second Chance Act of 2007 , titled "To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes" was submitted to the House by Representative Danny Davis
(D-IL) to amend the Omnibus Crime Control and Safe Streets Act of 1968
to reauthorize, rewrite, and expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society. H.R. 1593 was signed into law April 9, 2008.
Nonviolent offenses are defined by the Act as "a misdemeanor or felony offense... [that does not involve] the use of a weapon or violence and which did not actually involve violence in its commission."
for use in any subsequent legal action.
would maintain nonpublic manual or computerized index of expunged records containing former offenders names and contact information for the agency, office, or department with custody of the expunged records for contact purposes. The former offender would be required to make their records available in the following scenarios:
Anyone other than the offender disclosing information about their expunged criminal offense would be subject to fine or imprisonment for up to a year.
and/or the Congressional Black Caucus
or Congressional Hispanic Caucus
. They are:
, chaired by Congressman Robert C. Scott
, in March 2007.
By August 2007, neither the subcommittee nor the full Judiciary Committee, chaired by Congressman John Conyers
, had scheduled a hearing on the resolution.
and other forms of disenfranchisement, becoming a major contributor to recidivism, which in turn increases demands on the resources of the federal prison system
and drives up prison costs. The goal of the legislation would be to reward non-violent felons for good behavior and a demonstrated desire and commitment to rehabilitating themselves by assisting them in re-establishing themselves as full members of their communities. Expunging criminal records would carry other benefits as well, removing or dramatically minimizing obstacles towards obtaining housing, education, and the restoration of voting rights.
Another point raised by Rangel has been that serious problems with the federal justice system, such as mandatory minimum sentencing laws, which he alleges are responsible for sending a disproportionate number of women and minorities to prison, could be combated through his bill by making it easier for offenders to move on after their release, rather than being continually reminded of, and being forced to pay, for their past crimes.
-affiliated-Justice Fellowship, the Chabad
-affiliated-Aleph Institute, Families Against Mandatory Minimums, FedCure.org, Crimnion International, the Colorado Criminal Justice Reform Coalition, and Offender Aid & Restoration.
has no such system. Therefore, I introduced H.R. 623 , the Second Chance Act of 2007, which provides that federal ex-offenders have the same second chance as many state offenders."- Rep. Charles Rangel, Jun 5, 2007.
"Individuals released from prison have no chance of becoming productive members of society because their criminal records prevent employers from considering them for jobs. This leads many of them to return to lives of crime. In an effort to change the dynamic of recidivism, we must remove barriers to employment—particularly criminal records—which hang over the heads of ex-offenders, even those who have been rehabilitated. The Second Chance Act allocates $360 million towards programs that would help the ex-offenders adjust to their new environment after their release from prison. Focusing on four different areas: employment, housing, access to health services and families, it would provide a secure setting for the individual and make the transition easier, which would reduce the rate of recidivism."- Rep. Charles Rangel, Jul 27, 2007.
"The reality is that there are limited prospects for persons with criminal records. Each time they acknowledge their criminal pasts on job applications, they are likely to be turned away. H.R. 623 would remove this barrier of the past and lower the rates of recidivism by offering these individuals real opportunities for gaining legitimate employment..."- Rep. Charles Rangel, Mar 12, 2007.
Update: H.R. 1529, The Second Chance for Ex-Offenders Act of 2009
On March 16, 2009, Congressman Charles B. Rangel
Charles B. Rangel
Charles Bernard "Charlie" Rangel is the U.S. Representative for , serving since 1971. A member of the Democratic Party, he is the third-longest currently serving member of the House of Representatives. As its most senior member, he is also the Dean of New York's congressional delegation...
[D-NY] sponsored and introduced The Second Chance for Ex-Offenders Act of 2009 [HR 1529] which would permit expungement of records of certain nonviolent criminal offenses. Second Chance for Ex-Offenders Act of 2009 - It amends the federal criminal code to allow an individual to file a petition for expungement
Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the...
of a record of conviction for a nonviolent criminal offense if such individual has:
(1) never been convicted of a violent offense and has never been convicted of a nonviolent offense other than the one for which expungement is sought;
(2) fulfilled all requirements of the sentence of the court in which conviction was obtained;
(3) remained free from dependency on or abuse of alcohol or a controlled substance for a minimum of one year and has been rehabilitated, to the court's satisfaction, if so required by the terms of supervised release;
(4) obtained a high school diploma
High school diploma
A high school diploma is a diploma awarded for the completion of high school. In the United States and Canada, it is considered the minimum education required for government jobs and higher education. An equivalent is the GED.-Past diploma styles:...
or completed a high school equivalency program ; and
(5) completed at least one year of community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
.
Status of the Legislation.
Latest Major Action: : Status: Referred to the House Committee on the Judiciary.'
- Update:
- Due to a lack of organization of supporters at a grassroots level, the SCA by Congressman Rangel failed to gather sufficient Members to get out of committee. Congressman Rangel office staffers have indicated intent to re-introduce the bill in the 111th Congress.
The Second Chance for Ex-Offenders Act of 2007 , titled "To permit expungement of records of certain nonviolent criminal offenses" is a bill submitted to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
by Representative Charles Rangel (D-NY) to amend the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for certain nonviolent criminal offenses. The resolution was introduced on January 22, 2007.
Confusingly, a similarly named bill, the Second Chance Act of 2007 , titled "To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes" was submitted to the House by Representative Danny Davis
Danny K. Davis
For other persons named Danny Davis, please see Daniel Davis .Daniel K. Davis is the U.S. Representative for , serving since 1997. He is a member of the Democratic Party.-Early life, education and career:...
(D-IL) to amend the Omnibus Crime Control and Safe Streets Act of 1968
Omnibus Crime Control and Safe Streets Act of 1968
The Omnibus Crime Control and Safe Streets Act of 1968 was legislation passed by the Congress of the United States that established the Law Enforcement Assistance Administration . Title III of the Act set rules for obtaining wiretap orders in the United States. It has been started shortly after...
to reauthorize, rewrite, and expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society. H.R. 1593 was signed into law April 9, 2008.
Qualifications
The bill specifies five criteria that individuals must meet in order to qualify for the Second Chance Act. They are:- No convictions for a violent offense and no conviction for a nonviolent offense other than the one they are trying to expunge.
- Must have fulfilled all requirements of their sentence.
- Must have remained free from drug or alcohol dependency for at least one year and have been rehabilitated to the court's satisfaction, if that is part of their sentence.
- Must have obtained a high school diploma or GED.
- Must have completed at least one year of community service, as determined by the court.
Nonviolent offenses are defined by the Act as "a misdemeanor or felony offense... [that does not involve] the use of a weapon or violence and which did not actually involve violence in its commission."
Procedure
The bill divides the procedure into two components. First, the offender may file a petition for expungement in the court where the record was obtained, with a copy sent to the United States District Attorney of that district. Within sixty days, the District Attorney may make a recommendation to the court and notify the offender of the recommendation. Next, the court delivers a ruling after considering evidence submitted by both the offender and District Attorney or other government agencies. The court will take into consideration the offender's eligibility as per the bill's qualifications, and also whether expunging their record will have an adverse effect on the public good or safety.Effects
Upon expungement, all records pertaining to the criminal offense, except publicly available court opinions and appeal documents, would be sealed. Ex-offenders would no longer be required to divulge information related to the expunged conviction. Their status as ex-offenders would not be grounds to disqualify them from any profession. However, a nonpublic record of a disposition or conviction would still be retained by the Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
for use in any subsequent legal action.
Disclosure
The Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
would maintain nonpublic manual or computerized index of expunged records containing former offenders names and contact information for the agency, office, or department with custody of the expunged records for contact purposes. The former offender would be required to make their records available in the following scenarios:
- To the licensing agency or office when attempting to obtain a license to carry a firearm;
- To law enforcement when involved in a criminal investigation;
- To any city, state, or federal employers when applying for a job in those fields related to investigation or prosecution of people under civil or criminal statues, such as a police officerPolice officerA police officer is a warranted employee of a police force...
.
Anyone other than the offender disclosing information about their expunged criminal offense would be subject to fine or imprisonment for up to a year.
Reversal
Any subsequent conviction, at either Federal or State level, would result in a restoration of the expunged record.Current co-sponsors
Including Rep. Rangel, the resolution has, as of June 2008, eighteen co-sponsors, most of whom are members of the Congressional Progressive CaucusCongressional Progressive Caucus
The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions....
and/or the Congressional Black Caucus
Congressional Black Caucus
The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:...
or Congressional Hispanic Caucus
Congressional Hispanic Caucus
The Congressional Hispanic Caucus comprises 21 Democratic members of the United States Congress most of whom are of Hispanic origin. The Caucus is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics and Latinos in the United States and Puerto Rico...
. They are:
| Representative | District | Date signed | Notes |
|---|---|---|---|
| Neil Abercrombie Neil Abercrombie Neil Abercrombie is the 7th and current Governor of Hawaii. He was the Democratic U.S. Representative of the First Congressional District of Hawaii which comprises urban Honolulu. He served in Congress from 1986 to 1987 and from 1991 to 2010 when he resigned to successfully run for governor... |
Hawaii/1 Hawaii's 1st congressional district Hawaii's 1st congressional district is a congressional district in the U.S. state of Hawaii. The district encompasses the urban areas of the City and County of Honolulu, a consolidated city-county that is coextensive with the island of Oahu. The district includes Oahu's central plains and southern... |
06/26/2007 | member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Yvette Clarke | New York/11 New York's 11th congressional district New York's 11th Congressional District is a congressional district for the United States House of Representatives located in Brooklyn. It includes the neighborhoods of Brownsville, Crown Heights, East Flatbush, Flatbush, Kensington, Park Slope, Prospect Heights, and Prospect-Lefferts Gardens... |
03/20/2007 | member of the Committee on Education and Labor, the Small Business Committee, the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... and the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| Steve Cohen Steve Cohen Stephen Ira Cohen is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party. Tennessee's 9th district includes almost three-fourths of Memphis. Cohen is Tennessee's first Jewish congressman.... |
Tennessee/9 Tennessee's 9th congressional district The 9th Congressional District of Tennessee is a Congressional district in southwestern Tennessee. The district is located entirely within Shelby County, and includes most of the city of Memphis... |
02/13/2007 | member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Keith Ellison Keith Ellison (politician) Keith Maurice Ellison is the U.S. Representative for , serving since 2007. He is a member of the Democratic-Farmer-Labor Party. The district centers on Minneapolis. He was re-elected in 2010. Ellison is a co-chair of the Congressional Progressive Caucus.He is the first Muslim to be elected to the... |
Minnesota/5 Minnesota's 5th congressional district Minnesota's 5th congressional district is a geographically small urban and suburban congressional district in Minnesota. It covers eastern Hennepin County, including the entire city of Minneapolis, along with parts of Anoka and Ramsey counties. It was created in 1883 and was named the "Bloody... |
04/22/2008 | member of the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| Bob Filner Bob Filner Robert Earl Filner is the U.S. Representative for , and previously the 50th, serving since 1993, and Chairman of the House Committee on Veterans' Affairs since 2007. He is a member of the Democratic Party... |
California/51 California's 51st congressional district California's 51st congressional district is a congressional district in the U.S. state of California. The district includes all of Imperial County and the extreme southern portions of San Diego County that run across the U.S.-Mexico border... |
08/03/2007 | chairman of House Veterans' Affairs Committee; member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Charlie Gonzalez Charlie Gonzalez Charles A. "Charlie" Gonzalez , is a Democratic politician from Texas. He has represented Texas's 20th congressional district in the U.S. House of Representatives since 1999. The district includes more than half of San Antonio.... |
Texas/20 Texas's 20th congressional district -References:*... |
02/13/2007 | member of the Small Business Committee and the Congressional Hispanic Caucus Congressional Hispanic Caucus The Congressional Hispanic Caucus comprises 21 Democratic members of the United States Congress most of whom are of Hispanic origin. The Caucus is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics and Latinos in the United States and Puerto Rico... |
| Raúl Grijalva Raul Grijalva Raúl M. Grijalva is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party.The district includes half of metro Tucson, all of Yuma and Nogales, and some peripheral parts of metro Phoenix.-Early life, education and career:... |
Arizona/7 Arizona's 7th congressional district Arizona's 7th congressional district is a congressional district located in the U.S. state of Arizona. Situated in the southwestern part of the state, it includes all of Yuma County and parts of La Paz, Maricopa, Pima, Pinal, and Santa Cruz counties.... |
02/06/2007 | member of the Committee on Education and Labor and the Small Business Committee; second vice-chair of the Congressional Hispanic Caucus Congressional Hispanic Caucus The Congressional Hispanic Caucus comprises 21 Democratic members of the United States Congress most of whom are of Hispanic origin. The Caucus is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics and Latinos in the United States and Puerto Rico... and member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Barbara Lee Barbara Lee Barbara Jean Lee is the U.S. Representative for , serving since 1998. She is a member of the Democratic Party. She is the first woman to represent that district. Lee was the Chair of the Congressional Black Caucus and was the Co-Chair of the Congressional Progressive Caucus... |
California/9 California's 9th congressional district California's 9th congressional district is a congressional district in the U.S. state of California that covers a significant portion of the East Bay portion of the San Francisco Bay Area... |
02/13/2007 | co-chair of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... ; first vice-chair of the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| Michael McNulty | New York/21 New York's 21st congressional district The 21st Congressional District of New York is a congressional district for the United States House of Representatives that contains most of the Capital District of New York. It includes all or parts of Albany, Fulton, Montgomery, Rensselaer, Saratoga, Schenectady, and Schoharie counties... |
06/26/2007 | |
| Gwen Moore Gwen Moore Gwendolynne Sophia Moore is the U.S. Representative for , serving since 2005. She is a member of the Democratic Party.The district is based in Milwaukee and also includes South Milwaukee, Cudahy and St. Francis, and part of West Allis. She is the first woman to represent the district... |
Wisonsin/4 Wisconsin's 4th congressional district Wisconsin's 4th congressional district is a congressional district of the United States House of Representatives in Wisconsin, encompassing a part of Milwaukee County and including all of the city of Milwaukee and its working-class suburbs of Cudahy, St. Francis, South Milwaukee, West Milwaukee,... |
02/13/2007 | member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... and the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| Eleanor Norton | Washington, D.C. Washington, D.C. Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution.... |
06/15/2007 | member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... and the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| Collin Peterson Collin Peterson Collin Clark Peterson , is the U.S. Representative for , serving since 1991, and the ranking member of the House Agriculture Committee. He is a member of the Democratic-Farmer-Labor Party and is the dean of the Minnesota congressional delegation.The district, Minnesota's largest and most rural... |
Minnesota/7 Minnesota's 7th congressional district Minnesota's 7th congressional district covers almost all of the western side of Minnesota except for the far south, which is located in the 1st district. It is by far the state's largest district, and has a very rural character. Cities in the district include Moorhead, Fergus Falls, Alexandria and... |
07/19/2007 | chairman of the House Agriculture Committee |
| Nick Rahall Nick Rahall Nick Joe Rahall II is the U.S. Representative for West Virginia's 3rd congressional district, serving since 1977. Rahall is currently Ranking Member of the House Resources Committee. He is a member of the Democratic Party. The district includes much of the southern portion of the state, including... |
West Virginia/3 West Virginia's 3rd congressional district West Virginia's 3rd congressional district is located in the southern part of the state, it is based in the state's second largest city, Huntington and includes Bluefield, Princeton, and Beckley.The district is currently represented by Democrat Nick Rahall.... |
05/16/2007 | chairman of the House Resources Committee |
| Charles Rangel | New York/15 New York's 15th congressional district New York's 15th Congressional District is a congressional district for the United States House of Representatives located in New York City. It is composed of Upper Manhattan, Rikers Island and a largely non-residential section of northwestern Queens on the shore of the East River mostly occupied... |
01/22/2007 | author of resolution; chairman of the House Ways and Means Committee; member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... and the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| José Serrano José Serrano José Enrique Serrano is the U.S. Representative for , serving since 1990. He is a member of the Democratic Party.... |
New York/16 New York's 16th congressional district New York's 16th Congressional District is a congressional district for the United States House of Representatives located in the Bronx. The district includes the neighborhoods of Bedford Park, East Tremont, Fordham, Hunts Point, Melrose, Highbridge, Morrisania, Mott Haven and University Heights. ... |
02/06/2007 | member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Pete Stark Pete Stark Fortney Hillman "Pete" Stark, Jr. is the U.S. Representative for , serving since 1973. He is a member of the Democratic Party. Currently he is the 5th most senior Representative, as well as 6th most senior member of Congress overall... |
California/13 California's 13th congressional district California's 13th congressional district is a congressional district in the U.S. state of California that includes portions of Alameda and Santa Clara counties.The district is currently represented by Democrat Fortney "Pete" Stark.-Voting:... |
03/10/2008 | member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Maxine Waters Maxine Waters Maxine Waters is the U.S. Representative for , and previously the 29th district, serving since 1991. She is a member of the Democratic Party.... |
New York/16 New York's 16th congressional district New York's 16th Congressional District is a congressional district for the United States House of Representatives located in the Bronx. The district includes the neighborhoods of Bedford Park, East Tremont, Fordham, Hunts Point, Melrose, Highbridge, Morrisania, Mott Haven and University Heights. ... |
02/06/2007 | member of the House Appropriations Committee, member of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... and the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
| Lynn Woolsey Lynn Woolsey Lynn C. Woolsey is the U.S. Representative for , serving since 1993. She is a member of the Democratic Party. The district includes all of Marin County and most of Sonoma County. She is a member of the Congressional Progressive Caucus, and its co-chair... |
California/6 California's 6th congressional district California's 6th congressional district is a congressional district in the U.S. state of California that stretches up the Pacific coast north of the San Francisco Bay... |
07/19/2007 | co-chair of the Congressional Progressive Caucus Congressional Progressive Caucus The Congressional Progressive Caucus is the largest caucus within the Democratic caucus in the United States Congress with 83 declared members, and works to advance progressive issues and positions.... |
| Albert Wynn Albert Wynn Albert Russell "Al" Wynn is a former Democratic member of the United States House of Representatives. He represented the 4th district of Maryland from 1993 to 2008... |
Maryland/4 Maryland's 4th congressional district Maryland's 4th congressional district comprises portions of Prince George's and Montgomery County. The seat is currently represented by Donna Edwards, a Democrat, who has represented the district since 2008.... |
02/06/2007 | member of the Congressional Black Caucus Congressional Black Caucus The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:... |
110th Congress actions
The resolution was referred to the Subcommittee on Crime, Terrorism, and Homeland SecurityUnited States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is a subcommittee within the House Judiciary Committee.-Jurisdiction:From the House Rules:...
, chaired by Congressman Robert C. Scott
Robert C. Scott
Robert Cortez "Bobby" Scott is the U.S. Representative for , serving since 1993. He is a member of the Democratic Party....
, in March 2007.
By August 2007, neither the subcommittee nor the full Judiciary Committee, chaired by Congressman John Conyers
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
, had scheduled a hearing on the resolution.
Arguments
The primary arguments made by Rep. Rangel and supporters of the bill have been economic: by forcing all federal ex-offenders, including those who only offended once, those convicted of non-violent crimes, and those whose offense may have occurred years or even decades ago) to reveal their status to prospective employers severely limits their job opportunities after release. In many cases, this lack of job stability perpetuates a cycle of povertyPoverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
and other forms of disenfranchisement, becoming a major contributor to recidivism, which in turn increases demands on the resources of the federal prison system
Federal Bureau of Prisons
The Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
and drives up prison costs. The goal of the legislation would be to reward non-violent felons for good behavior and a demonstrated desire and commitment to rehabilitating themselves by assisting them in re-establishing themselves as full members of their communities. Expunging criminal records would carry other benefits as well, removing or dramatically minimizing obstacles towards obtaining housing, education, and the restoration of voting rights.
Another point raised by Rangel has been that serious problems with the federal justice system, such as mandatory minimum sentencing laws, which he alleges are responsible for sending a disproportionate number of women and minorities to prison, could be combated through his bill by making it easier for offenders to move on after their release, rather than being continually reminded of, and being forced to pay, for their past crimes.
Support
HR 623 has received strong support from various grassroots organizations working with prisoners, former prisoners and ex-offenders, including the Prison Fellowship InternationalPrison Fellowship International
Prison Fellowship International is an international non-governmental organisation of national Prison Fellowship organisations from 117 countries.-Primary Mission:...
-affiliated-Justice Fellowship, the Chabad
Chabad
Chabad or Chabad-Lubavitch is a major branch of Hasidic Judaism.Chabad may also refer to:*Chabad-Strashelye, a defunct branch of the Chabad school of Hasidic Judaism*Chabad-Kapust or Kapust, a defunct branch of the Chabad school of Hasidic Judaism...
-affiliated-Aleph Institute, Families Against Mandatory Minimums, FedCure.org, Crimnion International, the Colorado Criminal Justice Reform Coalition, and Offender Aid & Restoration.
Quotes
"Almost all states have in place a system of expunging records or providing a meaningful chance for ex-offenders to rebuild their life. The federal governmentFederal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
has no such system. Therefore, I introduced H.R. 623 , the Second Chance Act of 2007, which provides that federal ex-offenders have the same second chance as many state offenders."- Rep. Charles Rangel, Jun 5, 2007.
"Individuals released from prison have no chance of becoming productive members of society because their criminal records prevent employers from considering them for jobs. This leads many of them to return to lives of crime. In an effort to change the dynamic of recidivism, we must remove barriers to employment—particularly criminal records—which hang over the heads of ex-offenders, even those who have been rehabilitated. The Second Chance Act allocates $360 million towards programs that would help the ex-offenders adjust to their new environment after their release from prison. Focusing on four different areas: employment, housing, access to health services and families, it would provide a secure setting for the individual and make the transition easier, which would reduce the rate of recidivism."- Rep. Charles Rangel, Jul 27, 2007.
"The reality is that there are limited prospects for persons with criminal records. Each time they acknowledge their criminal pasts on job applications, they are likely to be turned away. H.R. 623 would remove this barrier of the past and lower the rates of recidivism by offering these individuals real opportunities for gaining legitimate employment..."- Rep. Charles Rangel, Mar 12, 2007.