Job Opportunities Task Force
Proposed Criminal Justice Advocacy Issues for the
2005 Maryland Legislative Session
October 2004
Eliminate the subsequent conviction provision in Maryland’s expungement law.
Lead advocate: Job Opportunities Task Force
Currently, individuals are generally permitted to expunge non-convictions off their records after a three-year waiting period. Once an individual is convicted of a crime, s/he is not allowed to expunge any non-convictions that occurred before the conviction. We seek to introduce legislation that will allow people to expunge non-convictions even after a subsequent conviction.
Allow for the expungement of certain nuisance offenses.
Lead advocate: Job Opportunities Task Force
In Maryland, convictions cannot currently be expunged from a criminal history record. We seek to amend Maryland law to permit expungement of convictions certain minor, non-violent nuisance offenses. Nuisance offenses are not felonies, nor crimes related to sex, violence, moral turpitude, or theft. They tend to disproportionately affect poor and homeless people.
Remove state ban on access to food stamps benefits among people with drug-related convictions.
Lead advocate: Job Opportunities Task Force, Healthcare for the Homeless
The federal government imposes a lifetime ban on former drug felons’ ability to receive food stamps. States have the ability to opt out of this restriction. Maryland has enacted a partial opt-out, which allows custodial parents with drug convictions to receive food stamps, but single individuals and non-custodial parents with similar convictions remain barred from receiving this aid. This change would come at no cost to the state, since food stamp benefits are funded entirely by the federal government.
Establish a statewide debt-leveraging program to promote employment among low-income child support obligors .
Lead advocate: Job Opportunities Task Force
Many former prisoners and other non-custodial parents, an increasing number of whom are women, have accumulated un-payable child support arrearages. The debt accumulation functions as a disincentive for these individuals to engage in mainstream work, because the principal method of collecting child support is through wage garnishment. The accumulation of arrearages also negatively impacts the obligor’s relationship with his or her children, and can force him or her into an underground economy. We seek the establishment of a statewide debt-leveraging program for eligible low-income obligors who have accumulated large, un-payable amounts of child support arrearages.
Support the full implementation of Project RESTART.
Lead advocate: Maryland Justice Coalition, Job Opportunities Task Force
Project RESTART (Reentry, Enforcement and Services Targeting Addiction, Rehabilitation and Treatment) is a Department of Public Safety and Correctional Services (DPSCS) initiative that would expand educational, vocational, drug treatment, and counseling services to adults awaiting release from Maryland correctional facilities. RESTART has been approved for implementation in two pilot sites.
Eliminate mandatory minimum sentences.
Lead advocate: Maryland Justice Coalition
While originally intended to deter and incapacitate serious drug traffickers, mandatory sentencing laws are regularly invoked against low-level substance abusers. Research suggests that the existence of these laws skews drug sentencing by pushing low-level offenders into plea bargains that involve long prison terms and do nothing to address the underlying addiction. MJC recommends that the state repeal these laws or narrow their scope to more serious offenders, since the state’s judges and guidelines system are fully capable of meting out appropriate sentences.
Allow inmates with non-violent drug-related convictions to accrue “good behavior” credits at the same rate as other inmates.
Lead advocate: Maryland Justice Coalition
Under current Maryland law, inmates who have been sentenced to incarceration for drug-related offenses accumulate diminution (“good behavior”) credits at a slower rate than inmates who have been sentenced for other types of offenses. MJC proposes amending this law so that non-violent drug offenders have the same opportunity to accrue good behavior credits as other inmates.
Monitor state’s ‘Treatment Not Jail’ law to ensure full funding and implementation.
Lead advocate: Maryland Justice Coalition
In 2004 Governor Robert L. Ehrlich signed into law ‘Treatment Not Jail’ legislation, which channels $3M of Dept. of Health & Mental Hygiene funding toward drug addiction treatment; establishes the MD Substance Abuse Fund; allows judges to grant drug defendants probation in lieu of incarceration, on the condition that the defendant receives drug treatment; and provides for the evaluation and treatment of currently incarcerated non-violent drug offenders, among other provisions. The implementation of this law should be closely monitored to ensure that its goals are realized.
Extend the rights of full citizenship to people with criminal records.
Lead advocate: Maryland Justice Coalition
In 2002, the General Assembly passed legislation that was intended to expand voting rights to a wider class of ex-offenders. Implementing the law has proved difficult because of vague language in the statute and the lack of adequate procedures to notify ex-offenders of their eligibility to vote. Proposals to rectify this situation include expanding the current law so that former inmates are eligible to vote as soon as they are released from incarceration.
Renew state program to promote the long-term employment of ex-offenders.
Lead advocate: Job Opportunities Task Force
In 2002, the General Assembly passed legislation that created a state tax credit for employers who hire ex-offenders; authorized the MD Dept. of Labor, Licensing and Regulation (DLLR) to purchase Federal Fidelity Bonds to act as an additional incentive; and instructed DLLR to work with local Career One-Stop networks in engaging employers and human services providers to promote the employment of ex-offenders. The program was never implemented. This law is due to expire on December 31, 2004.
For more information, contact:
Kevin Griffin Moreno, Communications Director Tara Andrews, Director
Job Opportunities Task Force Maryland Justice Coalition
(410) 234-8046 (410) 366-0600
(410) 234-8929 fax (410) 366-8012 fax
http://www.jotf.org
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