s the Bush administration focuses attention on ex-offenders
with its modest program to help them return to the community, an
eye-opening new study shows that the effort will require a lot more
than re-entry programs. Not only do all 50 states continue to punish
and marginalize convicts after they leave jail, but most also have
laws that punish millions of people for crimes for which they were
never convicted.
The new study, from the Legal Action Center, a criminal justice
policy group, identifies laws in all 50 states that hamper former
offenders' ability to re-enter society. These excessively punitive
laws, which must be modified or repealed before ex-convicts have a
real chance at jobs, homes and mainstream lives, bar them from
scores of professions that require state licenses but are unrelated
to their crimes.
The study, which will soon be available on the Web, ranks the
states based on the stringency of laws that bar former offenders
from whole professions, or strip them of driver's licenses, parental
rights and the right to vote.
Colorado, South Carolina, Georgia and Virginia are rated worst,
which means that ex-offenders in those states have the least chance
of becoming productive citizens. In some states, a person who
commits a vehicle-related crime as a teenager can go to college and
grow into adulthood, only to be barred from, say, the real estate
business, which requires a state license.
A similar brand of punishment is being used against people who
have been arrested on suspicion of crimes for which they were never
convicted. Thirty-seven states permit prospective employers and all
state licensing agencies to ask about and weigh arrests that never
led to conviction. In addition, employers in most states can simply
fire anyone who is discovered to have a criminal record, regardless
of the circumstance.
Congress worsened matters during the 1990's with a series of new
laws that use federal aid to punish former offenders and arrestees.
One of the most damaging laws withholds highway funds from states
that do not punish drug offenders by suspending their driver's
licenses — whether or not the original offense had anything to do
with a car.
Many states were smart enough to opt out of this law. But 27
actually revoke or suspend driver's licenses of some or all drug
offenders. Those who leave prison in desperate need of jobs cannot
legally drive to work, to school or to drug treatment programs. In
states where public transportation is nonexistent, ex-convicts have
no choice but to risk returning to prison by driving illegally.
This country only harms itself when it traps ex-offenders at the
margins of society and forces them back into prison.