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The Sentencing Project: Disenfranchisement News & Updates - 1/25/08

Florida: "Slow Going" Registration Efforts May Keep Hundreds of Thousands of Eligible Voters from Polls As the election year heats up, so do the emotions of hundreds of thousands of Florida citizens who expected to register to vote after the state's clemency board last year moved to make voting easier for non-violent offenders. "It's a slow process. It's slow going," said Muslima Lewis, an attorney with the ACLU and director of the Florida Rights Restoration Coalition. "Individuals who were initially very encouraged in April of last year are now seeing that it's taking them a bit longer and with this being an election year people are getting more and more impatient." As a result of the efforts of Gov. Charlie Crist - whose election platform included rights restoration of formerly incarcerated individuals - about 45,000 individuals' rights have been restored since April. There remain, however, approximately 900,000 individuals who continue to wait to find out if their rights have been restored. In fact, 130,000 of those citizens are still waiting for their cases to be reviewed and have been told the process will take several months to a year, according to NPR's "All Things Considered." "That's very problematic," Lewis continued. "We are concerned about whether folks will actually be getting on the rolls in time to vote in November." The ACLU and other organizations continue to sponsor seminars to educate and register formerly incarcerated individuals. Alabama: "Let My People Vote" The Rev. Kenneth Glasgow this week visited several jails in Alabama to register inmates by today's voter registration deadline. During his "Let my people vote" registration campaign, which began on the Martin Luther King, Jr. holiday, Glasgow brought voter re-instatement and registration forms for inmates to fill out, the Dothan Eagle reported. "Today, there are four times the amount of our people behind bars than the time Martin Luther King led the civil rights movement here in Alabama, but voter registration goes beyond just that. There's no better day to address this struggle than on his birthday," Rev. Glasgow, coordinator for the Alabama Alliance to Restore the Vote said. The state's primary is Feb. 5. Last year, Glasgow's registration efforts collected more than 10,000 applications. Prior to 2006, formerly incarcerated individuals who committed crimes of 'moral turpitude' were banned from voting. In 2006 Jefferson County Circuit Court Judge Robert Vance Jr. ordered voter registrars in Alabama counties to register former offenders unless legislation was signed stating otherwise and until 'moral turpitude' was defined. Additional coverage by the Montgomery Advertiser reported that county jail inmates are allowed to vote absentee, but it's up to the inmates to fill out the application. For more coverage, see the Enterprise Ledger. National: Presidential Candidates Should be Pressed by Reporters on Voting Rights In the Columbia Journalism Review's new series "Eight Questions Reporters Should Ask," Todd Gitlin explains the need for his column by saying: "My goal with this series is to highlight questions that, to my mind and to the best of my research, the press has not asked (or at least not asked often or insistently enough)." As a result Gitlin feels journalists should ask of presidential candidate Sen. Barack Obama the following question: Nearly five million Americans-some 2% of the American electorate-cannot vote today because they have been convicted of felonies. In this regard the US is unusual among the world's democracies, which think that the rights of citizenship should be restored once a felon has served his or her sentence. Do you agree that former felons should regain the right to vote? - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information - Email: [email protected], Web: http://www.sentencingproject.org

Florida Rights Restoration Coalition Day of Action at the Florida Capital

[Courtesy ACLU of Florida] The Florida Rights Restoration Coalition (FRRC) is organizing a two-part mobilization in Tallahassee in support of restoring the right to vote to hundreds of thousands of people with past felony convictions in Florida who have completed their sentences. Your presence in Tallahassee is critical to furthering our continuing progress toward comprehensive clemency reform and our goal of removing the voting ban from Florida’s Constitution. On February 28, we seek to mobilize 40-75 citizens to Tallahassee for the February 28th Board of Executive Clemency meeting. On April 1, FRRC plans to mobilize 500-1000 individuals for a rally and related events. We Need a Commitment from You & Your Organization! The success of this effort depends on commitments from you and your organization. We ask that you and your organization let us know how many people you or your organization can mobilize for either or both of the events on February 28 and April 1. We especially need your help mobilizing individuals for the April 1 rally. Everyone who supports ending Florida’s civil rights ban is welcome and encouraged to attend. We extend a special invitation to those who are directly impacted by Florida’s civil rights ban. If you, or someone you know, have been affected by Florida’s voting ban, come to Tallahassee and make your voices heard! Make the decision today to support this historic event and let us know how many people you can bring to the event. For additional information please call La Rhonda Odom at 786-363-2718. The time is always right to do what is right. ~Rev. Dr. Martin Luther King, Jr. La Rhonda Odom Racial Justice Project Associate ACLU of Florida 4500 Biscayne Blvd. Suite 340 Miami, FL 33137 (786) 363-2718 (phone) (786) 363-1020 (fax)

Prison Art Gallery: New Prison Art Arrivals! Feb edition of Art for Justice is here!

[Courtesy Prison Art Gallery] You can read the latest issue of Art for Justice now! View and purchase new art arrivals created by imprisoned artists from across America, shipped anywhere in the world. You can also purchase any of our beautiful extra large 48 PRISON ART PRINTS, now on SALE for ONLY $10 each Check out the new edition of Art for Justice (Feb. 2008), the official prison art catalog of the Prison Art Gallery in downtown Washington, DC (three blocks from the White House) at http://prisonsfoundation.org/febafj.pdf. Also in this issue you can find out how you can become an official art mentor to struggling prison artists by enrolling in our FREE workshop taught by prison officials and ex-prisoner artists. Visit http://prisonsfoundation.org/febafj.pdf for more details. If you have any questions, please call 202-393-1511. When in Washington, DC, please visit the Prison Art Gallery. Located downtown at 1600 K Street (three blocks from the White House), the Prison Art Gallery is served by two Metro stations (Farragut North on the Red Line, and Farragut West on the Orange and Blue Lines). Note that the entrance is on 16th Street, at the corner of K Street. Open Mon to Fri, 9:00 AM to 5:00 PM, and Saturday and Sunday, 1:00 to 5:00 PM (also open evenings by appointment - groups welcome - admission is always free) To shop online, please visit http://prisonsfoundation.org/catalog.html or click the image to the left. Thank you.

ASA's Medical Marijuana in the News: 1/18/08

NEW MEXICO: Patient Suing Sheriff, County over Federal Raid

Within weeks of New Mexico implementing its medical cannabis law, federal agents, with the help of local sheriff’s deputies, raided the home of a paraplegic and seized his medicine. The raid outraged the state’s governor Bill Richardson, who sent an angry letter to Washington demanding that the federal government stop interfering in New Mexico’s efforts to care for its citizens. Now the man who was victimized is suing the county and local officers for their part in subverting the state law.

Lawsuit says deputies targeted man for medical marijuana
Associated Press
A paraplegic man from Malaga has sued Eddy County sheriff's deputies. Leonard French alleges they seized marijuana plants and equipment to grow them last summer despite the fact he has a license under New Mexico's medical marijuana law.

N.M. man sues deputies over pot seizure
KOB TV 4 (NM)
A wheelchair-bound man is suing Eddy County deputies for seizing marijuana that he says he was using for medical purposes.

ACLU files suit over raid
by Tom Moody, Current-Argus (NM)
A paraplegic Malaga man who holds a medical marijuana permit from the state of New Mexico filed a lawsuit Thursday against Eddy County and several county law officers for their part in a drug raid that seized his marijuana plants and growing equipment, attorneys announced.

COLORADO: Police Pursued for Damaged Cannabis

The landmark court order for the return of medical marijuana to a Colorado couple got them their plants back, but in unusable condition. With the help of attorney Brian Vicente, director of the Colorado Campaign for Safe Access, the couple is now pursuing damages based on federal estimates of the plants’ value. State law has a provision that requires law enforcement to return wrongfully seized medical marijuana in good condition.

Couple seeks compensation for pot
by Trevor Hughes, The Coloradoan
In what is believed to be a first-of-its-kind request for Colorado, a Fort Collins couple is demanding police pay them more than $200,000 for improperly confiscating and destroying 39 marijuana plants.

Couple to ask police to pay for dead marijuana
by Jeffrey Wolf, KUSA 9News TV (CO)
A couple plans to file for compensation after they say police destroyed their medical marijuana.

Fort Collins couple to ask city for reimbursement for dead marijuana plants
The Coloradoan
The attorney for James and Lisa Masters, whose 39 medical marijuana plants were seized by Fort Collins police and later destroyed, plans to file a motion this afternoon asking the city pay the couple for the destroyed plants.

Couple Wants Police To Pay For Damaged Marijuana Plants
by Lance Hernandez, KMGH TV News7 - Denver
James and Lisa Masters said they want to send a message to police departments all across Colorado. The couple and one of their attorneys filed a motion late Thursday seeking compensation for 39 damaged medical marijuana plants.

Medical Marijuana Users Seek $200K For Lost Stash
by Emil Steiner, Columnist, Washington Post
Today in Fort Collins, Colo., a lawyer will walk into a court house and ask the city to pay his clients for destroying their marijuana. The motion for compensation asks Fort Collins to fork over $202,800, the most money ever sought for the destruction of a drug.

Justice Policy Institute Press Release: Data Shows Substance Abuse Treatment Reduces Crime

FOR IMMEDIATE RELEASE: Monday, January 22, 2008 Contact: LaWanda Johnson (202) 558-7974 x308 WASHINGTON - Community-based substance abuse treatment reduces crime rates and helps states reduce corrections costs, according to a new policy brief released today by the Justice Policy Institute (JPI). The Substance Abuse Treatment and Public Safety brief found that the sooner substance abuse is treated, the bigger the long-term cost savings and increases in public safety. At a time when some have raised concerns about the release of people convicted of drug offenses from federal prison due to U.S. Sentencing Commission reforms, the research shows that substance abuse treatment helps individuals transition successfully from the criminal justice system to the community. "This new report confirms that investing in drug and alcohol treatment is both socially responsible and fiscally prudent and should be a top public policy priority," said Maryland Delegate Bill Bronrott, chair of the House Committee on Drug and Alcohol Abuse. "The report documents the tangible results of treatment, such as cutting crime, reclaiming lives, and making healthier families and safer communities. More investments in these lifesaving and cost-effective services are needed now to expand the benefits of treatment that this report so clearly demonstrates." The policy brief--the last in a series that examines the impact of positive social investments on public safety--found that: Increases in admissions to substance abuse treatment are associated with reductions in crime rates. Admissions to drug treatment increased 37.4 percent and federal spending on drug treatment increased 14.6 percent from 1995 to 2005. During the same period, violent crime fell 31.5 percent. In California, where Proposition 36 diverted thousands of people from prison and jail to treatment, violent crime fell at a rate that exceeded the national average. In Maryland, where policymakers have been working to implement various approaches to diverting prison-bound people to treatment, the counties that relied on drug treatment were more likely to achieve significant crime rate reductions than those that relied on drug imprisonment. Increased admissions to drug treatment are associated with reduced incarceration rates. States with a higher drug treatment admission rate than the national average send, on average, 100 fewer people to prison per 100,000 in the population than states that have lower than average drug treatment admissions. California, in particular, experienced decreases in incarceration rates when jurisdictions increased the number of people sent to drug treatment. Substance abuse treatment prior to contact with the justice system yields public safety benefits early on. Research has shown that drug treatment programs improve life outcomes for individuals and decreases the likelihood that a drug-involved person will be involved in the criminal justice system. Substance abuse treatment helps individuals transition successfully from the criminal justice system to the community. Community-based drug treatment programs reduce the chance that a person will become involved in the criminal justice system after release from prison. Substance abuse treatment is more cost-effective than prison or other punitive measures. The Washington State Institute for Public Policy (WSIPP) found that community-based drug treatment is extremely beneficial in terms of cost, especially compared to prison. Every dollar spent on drug treatment in the community is estimated to return $18.52 in benefits to society in terms of reduced incarceration rates and associated crime costs to taxpayers. "If lawmakers invest in community-based substance abuse treatment--instead of prison beds--for people living with addiction, our communities will reap tremendous benefits," says JPI Executive Director Sheila Bedi. "Crime rates will decrease, families will remain intact and since treatment is less expensive than incarceration, state budget dollars can be redeployed to meet education, housing, infrastructure and other pressing needs. " For more information on this or other research, contact LaWanda Johnson at 202-558-7974 ext. 308.

Job Opportunity: Executive Director, Blue Mountain Heart to Heart

Blue Mountain Heart to Heart is a private nonprofit organization providing positive, non-judgmental support and assistance to persons living with HIV/AIDS, their partners, families, and friends in Walla Walla and Columbia Counties of Washington State. Heart to Heart offers case management and support services, training for volunteers, free and anonymous HIV counseling and testing, alternative treatment resources, and community prevention including syringe exchange and Latino outreach for the rural area. Desirable qualifications for the Executive Director include strong management, fundraising, and grant writing skills; experience in a nonprofit agency managing contracts and budgets; Spanish abilities; and the ability to represent the agency in community, regional and state groups. This is a full-time exempt position, and the salary is based on qualifications and experience. For more on the agency, visit http://www.bluemountainheart.org. To apply, please submit a resume and cover letter describing your education, qualifications and experience by February 1, 2008. Electronic submissions are preferred: [email protected]. Submissions by mail should be directed to: Search Committee, Blue Mountain Heart to Heart, 2330 Eastage Street North, Suite 105 Walla Walla, WA 99362.

Job Opportunity: Deputy Director, International Harm Reduction Development Program, Open Society Institute

The Open Society Institute works to build vibrant and tolerant democracies whose governments are accountable to their citizens. To achieve its mission, OSI seeks to shape public policies that assure greater fairness in political, legal, and economic systems and safeguard fundamental rights. On a local level, OSI implements a range of initiatives to advance justice, education, public health, and independent media. At the same time, OSI builds alliances across borders and continents on issues such as corruption and freedom of information. OSI places a high priority on protecting and improving the lives of marginalized people and communities. Investor and philanthropist George Soros in 1993 created OSI as a private operating and grantmaking foundation to support his foundations in Central and Eastern Europe and the former Soviet Union. Those foundations were established, starting in 1984, to help countries make the transition from communism. OSI has expanded the activities of the Soros foundations network to encompass the United States and more than 60 countries in Europe, Asia, Africa, and Latin America. Each Soros foundation relies on the expertise of boards composed of eminent citizens who determine individual agendas based on local priorities. Founded in 1995, the International Harm Reduction Development Program (IHRD) of the Open Society Institute (OSI) works to reduce HIV and other harms related to injecting drug use, and to press for policies that reduce stigmatization of illicit drug users and protect their human rights. IHRD, which has supported more than 200 harm reduction programs in 26 countries of Central and Eastern Europe, the former Soviet Union, and Asia, bases its activities on the understanding that people unable or unwilling to abstain from drug use can make positive changes to protect their health and the health of others. Since 2001, IHRD has prioritized advocacy to expand availability and quality of needle exchange, drug treatment, and treatment for HIV; to reform discriminatory policies and practices; and to increase the opportunities for political engagement by people who use drugs and who are living with HIV. The IHRD Deputy Director is supervised by the program director, and carries substantial responsibility for coordination of four areas: program management, policy and advocacy, grantmaking, and finance and budgets. Responsibilities in the area of program management include directly supervising the work of three program officers and two administrative staff in areas including community organizing, technical assistance to harm reduction services, NGO strengthening, and policy/advocacy efforts; directing IHRD's approaches to external funders, and overseeing the reporting for and compliance with grants from international donors; establishing and maintaining linkages with IHRD partners including government representatives, health and social care providers, community groups, and international organizations; participating in the management team of the Open Society Institute Network Public Health Program, and representing IHRD as required at meetings of OSI, the Soros network, and at international, regional and national conferences; coordinateing conferences and expert consultations related to drug use and HIV; overseeing development of strategic planning, and reporting on work achieved and planned; and supervising research and technical assistance projects. Responsibilities in the area of policy and advocacy include helping guide implementation of policy and advocacy initiatives and related strategies at the international, regional and national level throughout the Eastern Europe and Asia; assisting national foundations in the Soros Network with development, implementation and evaluation of strategies on harm reduction; and identifying and managing a team of international consultants working with IHRD to advance policy objectives. Responsibilities in the area of grantmaking include developing and overseeing calls for proposals or grant competitions to support policy initiatives; and managing the review process, of proposals, grant reports, and identification of expert committees. Responsibilities in the area of finance and budgets include producing IHRD's annual budget, reports for on spending and priorities, and working with program staff on individual program budgets; monitoring financial allocations & general program expenditures; and tracking and ensuring staff compliance with OSI financial guidelines, accounting procedures and reporting requirements. Qualifications include a minimum of 5 years relevant work experience in issues related to public policy, human rights, drug use and/or HIV; a commitment to harm reduction principles, advocacy and civil society engagement; a Doctorate or Masters degree (or equivalent) in law, health, medicine, sociology, or relevant field; solid experience in staff, program and grant management, preferably in international public health; excellent spoken and written English, and presentation skills (Russian language fluency preferred, though not required); and the willingness to travel internationally as required. The salary is commensurate with experience, qualifications. Excellent benefits are offered. The start date in January/February 2008. To apply, please e-mail resume, cover letter, and references before 2/1/08 to [email protected] and include job code "DEPDIR/IHRD" in the subject line. These items can also be mailed to: Open Society Institute, Human Resources -- Code DEPDIR/IHRD, 400 West 59th Street, New York, New York 10019 USA. No phone calls, please. The Open Society Institute is an Equal Opportunity Employer.

The Sentencing Project's New Publication: Racial Impact Statements

[Courtesy of The Sentencing Project]

I'm pleased to let you know of an article I have recently had published in the Ohio State Journal of Criminal Law that proposes the development of "Racial Impact Statements" as a means of assessing the impact of proposed sentencing policies.  I believe that such a policy would be of great benefit to policymakers and practitioners by establishing a proactive means of addressing a key dynamic in the criminal justice system.

In Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities, I suggest that these statements have much in common with fiscal and environmental impact statements that have become commonplace at many levels of government.  The goal of a racial impact statement would be to assess the projected impact of new sentencing legislation on racial and ethnic minorities prior to enactment of the policy.  If the statement indicates that unwarranted sentencing disparities might be produced, legislators would have the opportunity of considering alternative means of achieving public safety goals that would not exacerbate existing disparities.

I hope that this proposal will be of use to legislators, sentencing commissions, practitioners, and advocacy organizations alike.  Far too often in public policy discussions issues of racial disparity are examined after the fact.  By enacting this policy, we would have the opportunity to engage in a more constructive approach to assessing issues of race and the criminal justice system. 

I hope you find this article helpful in your work and would welcome hearing any reactions you may have.

Regards,



Marc Mauer

Executive Director

Government kills medical marijuana cancer patient

[Courtesy of Marijuana Policy Project]

The story I’m about to share with you sickens me. It’s a story of how our government turns the prohibition of medical marijuana into an excuse for murdering a cancer patient.

Dallas resident Stephen Thorton was a thyroid cancer survivor who used marijuana to control chronic pain, eliminate nausea, and gain weight. In 2005, a federal court in Texas convicted Thorton of “possession of a firearm by an unlawful user of a controlled substance and for distributing marijuana and marijuana plants.”

In other words, this cancer patient faced a federal prison sentence for having a gun that would have been legal except for the presence of marijuana, which he was using to treat a life-threatening illness.

Thorton fled Texas in late 2005, fearing that his prison term would undermine his battle against cancer — and in the process became a fugitive who was wanted by the U.S. Marshals Service. He took up residence in Raleigh, North Carolina, where he continued to grow his medical marijuana. Last week, he was shot and killed by law enforcement officers in a drug raid at his home.

Investigators said they thought Thorton was the “kingpin” of a marijuana manufacturing ring.

You can read more about this latest victim of our government’s war on marijuana users here.

While this story is outrageous, it isn't unique. On MPP’s Web site, you can read a whole series of stories about other drug war victims.

Please help end marijuana prohibition — and the frightening police actions that accompany it — by making a financial contribution today. We cannot keep fighting the federal government — including lobbying Congress to pass legislation to end the federal government’s raids on medical marijuana patients — without the generosity of people like you.

Thank you. I’m grateful for anything you can do to help end the government’s cruel war on the sick.

Sincerely,
Kampia signature (e-mail sized)
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

ASA's Medical Marijuana in the News: 1/11/08

COLORADO: Another Return of Medical Marijuana

Another case of wrongfully seized medical cannabis has come to a happy close in Colorado, as a former Marine had his medicine returned by police. The return is thanks largely to landmark litigation brought in part by Brian Vicente, director of the Colorado Campaign for Safe Access, a joint project of Sensible Colorado and ASA. Even the Washington Post is taking note.

Aurora Police Return Marijuana To Former Marine
by Rick Sallinger, CBS 4 Denver
Police in Aurora have given back dozens of marijuana plants they seized. The owner claimed the pot was being used for medicinal purposes and he had a state issued card to back it up.

Medical Marijuana Payback Burns Colorado Police
by Emil Steiner, Washington Post
Policing pot in Colorado is about to get a lot more complicated. The kick-in-the-door raids SWAT teams have long employed could now cost cities hundreds of thousands of dollars following two landmark court decisions upholding the state's constitutional protection of medical marijuana. Under the rulings, police departments are required to return any marijuana and paraphernalia taken from state-sanctioned growers, and can be sued by those growers if the crops aren't preserved.

CANADA: Caregiver Limits Found Unconstitutional

A federal court in Canada has again found that country's policies on restricting access to medical cannabis to be unconstitutional, saying the current approach has "caused individuals a major difficulty with access." In this case, the issue is the number of patients for which a person may provide cannabis, which had been limited to a single patient per grower, and the government's requirement that those who cannot grow their own use the cannabis provided by the government's contractor. The court's decision opens up the possibility of a more efficient dispensary model, such as California's.

Federal Court strikes down regulation limiting growers of medical marijuana
Canadian Press
Canadians who are prescribed marijuana to treat their illnesses will no longer be forced to rely on the federal government as a supplier following a Federal Court ruling that struck down a key restriction in Ottawa's controversial medical marijuana program.

Canada court rejects supply limit on medical pot
Canadian Press
A Federal Court judge has struck down a government regulation that prevents medical marijuana growers from producing the drug for more than one patient.

IMPLEMENTATION: Cultivation Quantities Disputed

The number of plants patients are legally entitled to grow has been a source of contention in California since medical use was approved by the voters. Californians had the wisdom to recognize that the amounts patients would require could vary considerably, so they did not try to mandate medication amounts. Since then, law enforcement, courts, local officials and even municipal referenda have tried to establish limits, but the law is clear in its silence on the subject, and cannot be changed except by another statewide initiative. What the legislature and local entities can do, is provide guidance on the levels at which law enforcement can decline to investigate further or refer matters to the courts for decision.

Medical pot users arrested
by Stacia Glenn, San Bernardino Sun (CA)
JoAnn Cates, who has 16 great-grandchildren, seems an unlikely candidate to be handcuffed and hauled off to jail for growing a marijuana crop in her backyard.

Pro-pot measure returns to ballot
Press-Democrat (CA)
A landmark 2000 Mendocino County marijuana measure will be back before voters in the June primary, a move taken Tuesday by the Board of Supervisors after a contentious three-hour public hearing.

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