Roosevelt 2009

ideas
10 for

Equal
Justice
 10 Ideas for Equal Justice
Summer 2009

National Director
Hilary Doe

Chair of the Editorial Board

Gracye Cheng

Director of Center for Equal Justice

Daniel Pino

National Editorial Board

Clayton Ferrara
Frank Lin
Fay Pappas
Melanie Wright
Yunwen Zhang

The Roosevelt Institute Campus Network

A division of the Roosevelt Institute
2100 M St NW
Suite 610
Washington, DC 20037

Copyright 2009 by the Franklin and Eleanor Roosevelt Institute.

All rights reserved.
The opinions and statements expressed herein are the sole view of the authors and do
not reflect the views of the national organization, its chapters, or affiliates.
 ideas
10
for

equal justice
This series was made possible
by the generosity of
Mr. Stephan Loewentheil.
 P
Table of Contents
Implementation of GPS Monitoring on Repeat 8
Domestic Violence Offenders
Alissa Rauch, Katie Roy, and Michelle Tafur

Prosecutorial Discretion 10
Guy Eddon

Support Centers for Young Black MSM in Detroit 12

Gabriel Tourek

Filling Senate Vacancies the Democratic Way 14

Sarah Scheinman and Nancy Huemer

Building a Base: Electoral Fusion 16

Katharine O’Gorman

Parole System Reform 18

Zoe Wick

Proscription of Tobacco Possession and Consumption for Minors 20

Jeff Nadel

Strengthening the Foundation of Vermont’s Dairy Industry 22

Sarah Ashby, Tarsi Dunlop, Hillary Aidun, and Mackenzie Beer

Efficient and Equitable Registration Verification 24

William Slack and Collete Salemi

Collateral Consequences 26
Matthew Fischler
p Letter from the Editor
E arlier this year, the Roosevelt Institute Campus Network adopted Think Impact, a
model that re-emphasized our organization’s founding goals of looking to young people
for ideas and action, twin forces necessary in the pursuit of change.

The ideas you will read about in this year’s first 10 Ideas series are the result of the ad-
mirable creativity, hard work, and scholarship of Roosevelters. These publications—on
Defense and Diplomacy, Economic Development, Education, Energy & the Environment,
Equal Justice, and Health—are also a testament to these authors’ engagement with the
world. In environments that can be insular, Roosevelters show a willingness to look out-
wards, to think critically about problems on a local, state, and national level.

But, to this end, these publications should only serve as a starting point of a greater
process. Roosevelters must be willing to act in the communities where these ideas can
most effect positive change. For concepts that you find inspiring, we hope that you are
motivated to leverage them for the benefit of your own campus, city or state, and that
you seek out channels and movements through which to bring these ideas to fruition.
And, in instances where you disagree, we hope that you are challenged to see how you
might improve on or adapt an idea.

Gracye Cheng
Chair of the National Editorial Board
 Strategist’s Note P
W ith the cold history of slavery and the memory of the civil rights movement ingrained
within the minds Americans everywhere, President Obama’s swearing in proved to indi-
viduals everywhere that progress could be made in the equal treatment of American
minorities.

Despite the historical significance of President Obama’s election, the Roosevelt Institute
does not ascribe to the belief that the issues of racism, xenophobia, sexism, classism and
homophobia have been erased by the events of this past January. Progress, while punc-
tuated by the importance of specific moments and events, does not cease – progress is
evolutionary. Inside this publication are 10 Ideas that embody that principle.

Of the hundreds of students who answered the call for submissions in the 2008-2009
school year, we believe that these ten briefs, generated by some of the best young minds
in the country, offer unique and tactile ways to continue the move towards a more pro-
gressive and inclusive America. They embody the unique experiences of student authors
in their own communities, as well as collaborative brainstorming and contentious de-
bate with their peers, policy makers and progressives found throughout over seventy-
five Roosevelt chapters across the country. But most importantly they personify Eleanor
Roosevelt’s belief that “justice…cannot be for one side only.”

Sarah Scheinman and Nancy Huemer provide constitutionally sound alternatives to the
current policies of Senate elections, while Kate O’Gorman emphasizes the need for a
system of electoral fusion. At their core, these briefs emphasize the need for a more rep-
resentative democracy that sustains the tenants of our Founding Fathers. Other pieces
focus on the duality of issues and maintain the belief that the concerns of Equal Justice
advocates are conterminous with other policy arenas such as education, healthcare and
economics. Gabriel Tourek’s piece seeks to suppress the growing HIV/AIDS rate in Afri-
can American and gay male populations, while Tarsi Dunlop and the Middlebury College
team argue that the Vermont State Legislature should encourage the direct effect of
Mexican immigrants to engage in the American economy.

Most striking, however, is the profound way these policy recommendations harness the
personal experiences and devastating emotions of young people into exceptional pro-
gressive policies. After the tragic, senseless loss of their chapter founder, Tiana Notice,
the University of Hartford team developed a revolutionary approach to the protection
of victims of domestic violence. Their ability to never wane from both their progressive
sensibility and their commitment to this work, commitment that Tiana lived and inspired,
demonstrates the best of what Roosevelt has to offer.

Daniel Pino
Lead Strategist for Equal Justice
Implementation of GPS Monitoring
on Repeat Domestic Violence Offenders
Alissa Rauch, Katie Roy, Michelle Tafur, Hartford University

Global Positioning Systems (GPS) tracking should be utilized in the state of Con-
necticut for protecting domestic violence victims against recidivistic offenders.

This policy is dedicated to Tiana Angelique Notice, founder of

the University of Hartford chapter of the Roosevelt Institute.

In 1977, Connecticut enacted laws designed to prevent domestic abuse by authorizing

courts to grant protective orders. In 1986, the comprehensive family violence act was
enacted.1

Currently, the law in Connecticut for

violation of Restraining Orders, Pro- Key Facts
tection Orders, and Standing Crimi- • A recent study conducted by the Con-
nal Restraining Orders is a class D necticut Coalition Against Domestic Vio-
felony, punishable by up to 5 years lence (CCADV) found that in a span of a
in prison, a $5,000 fine, or both. Spe- year their organization alone, sheltered
cifically for protection orders, a viola- a total of 53,006 reported domestic vio-
tion of the order also violates bail or lence victims.3
release conditions and may result in • 1 in every 4 women will experience do-
the court raising the amount of bail.2 mestic violence in her lifetime.
• The cost of using a GPS tracking device
The current Connecticut state laws is estimated to be $10 a day per offend-
are insufficient in protecting victims er, or some $300 a month. In addition to
of domestic violence. Connecticut the bracelets, this estimate includes the
needs to enact legislation that will costs of the GPS servers and software as
allow for the tracking of violent and well as the salaries of those operating the
repeat domestic offenders. Thirteen monitoring systems.
states, including Massachusetts and
Illinois have enacted such legislation.
On August 4th, 2008 Illinois created a law allowing courts to order a repeat abuser to
carry or wear a GPS device for a violation of a protection order. Violations include “…
stalking the victim, violating the victim’s personal space as defined in the order of protec-
tion, or failing to comply with the respondent abuser’s mandated abuser partner inter-
vention program.”

Additionally, the law states that courts must order the offender to be evaluated by a part-
ner abuse intervention program, and mandates that the abuser must follow all recom-
mendations put forth. Failure to abide by the recommendations constitutes a violation of
the protective order, which will result in a monetary fine that increases by $200 for every
violation of a restraining order conviction. The monetary fines for violations are then put
into the Domestic Violence Surveillance Fund.
GPS tracking systems run off of a global satellite system that consists of two dozen satel-
lites that are orbiting the earth. These satellites transmit radio signals that can be read by
GPS receivers. In the case that an offender has a permanent restraining order, commit-
ted a misdemeanor or felony, they will be fitted with an unobtrusive GPS tracking unit.1
This device would send signals to law enforcement as well as the victim, notifying them
that the offender has entered a restricted zone. This gives the victim time to vacate the
premises and find a safe location, while allowing officers to locate the offender in order
to protect the victim.

GPS tracking systems are also a deterrent. When an offender knows that they are being
tracked, they are less likely to violate their court orders. In a study conducted by the
Ministry of Justice of England (specifically the areas of greater Manchester, Hampshire
and West Midlands) found that among the offenders who were issued GPS tracking
devices 46% of the offenders said that the satellite tracking had helped them “…to stay
out of trouble.” Building off of this idea, the more offenders that are deterred from com-
mitting additional crimes through the use of GPS tracking systems can account for a
lower incarceration rate of recidivist
domestic violence offenders in turn
Talking Points reducing the cost to the state.
• An estimated 1.3 million women are vic-
tims of physical assault each year. Next Steps
• There are 13 states currently using GPS It would be beneficial to the state of
tracking: Colorado, Florida, Hawaii, Illi- Connecticut if the legislature created
nois, Louisiana, Massachusetts, Michigan, a pilot program that would test using
Minnesota, New Hampshire, North Caro- the GPS system as a way to track re-
lina, Oklahoma, Utah, Washington. cidvist offenders. Again, this includes
people that have protections orders
against them or have served jail time
for a domestic violence offense; they would be monitored upon release during their pa-
role or probation period. We suggest Connecticut follow in the footsteps of its neighbor,
Massachusetts, and test the system in major cities. The pilot program will be tracked and
tested for two years. Upon completion a report should be created detailing its findings
from the beginning of the pilot program and up until 6 months after the pilot program
has been completed. During the pilot program, police will be able to monitor an allotted
amount of these offenders described above and monitor their activity as it pertains to
the safety of the victim. If this is successful, then we will suggest a continuation of the
program and increase the amount of funding for GPS systems.

Sources
http://www.wpri.com/dpp/news/local_wpri_gps_tracking_domestic_abusers_20081111
http://www.senatedem.ilga.gov/GH_ShowArticle.asp?HID=823&CATID=11
http://www.clienttrack.com/Specific-Solutions/domestic-violence.html
http://www.clienttrack.com/Specific-Solutions/domestic-violence.html
http://www.wpri.com/dpp/news/local_wpri_gps_tracking_domestic_abusers_20081111
http://www.slate.com/id/2165568/
Through this British pilot program researchers tracked prolific and priority offenders, sex offenders, violent
offenders and domestic violence offenders.
http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/docs/satellite-tracking-of-offenders.pdf
http://www.dpscs.state.md.us/publicinfo/publications/pdfs/GPS_Task_Force_Final_Report.pdf PAGE 22

9
Prosecutorial Discretion
Guy Eddon, Fordham University School of Law

Section 851 of Title 21 of the United States Code sits at the fulcrum of congressio-
nally mandated minimum sentences for specific narcotics and firearms offenses,
the Federal Sentencing Guidelines, and the sentencing discretion afforded dis-
trict court judges under Booker. Within this context, the legislature must modify
21 U.S.C. § 851 in order to address the problem of unfettered prosecutorial discre-
tion.

The Anti-Drug Abuse Act of 1986 established the now-infamous 100:1 powder to crack
cocaine disparity, providing equivalent mandatory minimum sentences for small quanti-
ties of crack and one hundred times that quantity of powder cocaine. For example,
possession with intent to distribute five grams of crack carries a mandatory minimum five-
year sentence, whereas it takes one hundred times that amount (one-half of a kilogram)
of cocaine to reach the same mandatory minimum sentence. The anomalous result of
this ratio is that street-level crack us-
ers and pushers may receive a longer Key Facts
sentence in the federal system than • Section 851 enables U.S. Attorneys to ac-
higher-level dealers caught with less cess the enhanced penalty provisions of
than half of a kilogram of cocaine. At 21 U.S.C. § 841(b)(1)(A) when the defendant
the state level, fourteen states differ- has one or more prior felony drug convic-
entiate between crack and powder tions.
cocaine, although none have a quan- • Once filed with the court, defendants
tity ratio as large as the 100:1 disparity may only challenge the use of prior con-
found in federal law. Harsh manda- victions occurring within the previous five
tory minimum sentences for crack years on the basis of invalidity.
can be further extended by § 851 en- • Thereafter, the sentencing judge is re-
hancements, making cases involving quired to impose the enhanced manda-
even quite small quantities of crack tory sentence. This enhancement can in-
attractive to federal prosecutors. crease a defendant’s mandatory minimum
sentence to life
Analysis • “[i]f any person commits a violation of this
First, a requirement should be insti- subparagraph . . . after two or more prior
tuted that when federal prosecutors convictions for a felony drug offense have
intend to seek an enhanced sen- become final, such person shall be sen-
tence, they do so prior to any pretrial tenced to a mandatory term of life impris-
filings and prior to engaging in any onment without release[.]”
plea negotiations with the defendant.
By mandating this process, the legis-
lature will ensure that § 851 does not act like a sword hanging over the defendant’s head
during plea negotiations or a strong disincentive to pursue pretrial motions (e.g., to chal-
lenge the legality of a search).

This first move will be reinforced by the second proposed legislative change which pro-
vides a judicial check at the sentencing stage that is compatible with the overarching
reasoning in Booker , Kimbrough , and Gall. The creation of a judicial check on the use of
§ 851 by the judge to ensure the sentence comports with the overall goals of punishment
outlined by 18 U.S.C. § 3553(a).

Next Steps
Talking Points A congressionally
• Section 851 filings take all meaningful discretion away from sanctioned judi-
the sentencing judge, which is inconsistent with the constitu- cial check on the
tional remedy set forth in Booker and Kimbrough. use of § 851 would
• Because the threat of a § 851 enhancement has the effect give federal judges
of doubling a defendant’s mandatory minimum sentence or veto power over
increasing it to life, is simply bad policy: “double or nothing” the application of
is a gambler’s colloquialism, not a carefully designed criminal § 851 at sentencing
justice tool. when the offense
• A defendant’s prior criminal record is only one of the factors did not result in
set forth by 21 U.S.C. 3553(a) to be considered at sentenc- serious bodily in-
ing, but when § 851 has been used, the remaining factors are jury and the dou-
moot. bled mandatory
minimum is clearly
unreasonable in
light of the factors outlined by § 3553(a) and the computed range under the Guidelines.
When a sentencing judge considers rejecting the § 851 filing, the judge should provide
notice to both sides and an opportunity to be heard in the matter. Appellate courts
would review judicial vetoes of § 851 filings for abuse of discretion, applying the standard
required under Gall.

Sources
The Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570 § 1002, 100 Stat. 3207 (Oct. 27, 1986).
In the statute, crack is referred to as cocaine base, which can be “cooked” into crack with water and an
alkaloid such as baking soda. Each gram of cocaine base produces approximately .89 grams of crack. See U.S.
Department of Justice, Federal Cocaine Offenses: An Analysis of Crack and Powder Penalties at 3 (2002),
available at http://www.usdoj.gov/olp/pdf/crack_powder2002.pdf.
21 U.S.C. § 841(b)(1)(B)(iii).
21 U.S.C. § 841(b)(1)(B)(ii)(II).
The Sentencing Project, “Crack Cocaine Sentencing Policy: Unjustified and Unreasonable,” available at
http://www.sentencingproject.org/pdfs/1003.pdf.
21 U.S.C. § 841(b)(1)(A)(viii).
United States v. Booker, 543 U.S. 220 (2005).
Kimbrough v. United States, 552 U.S. __ (2007).
Gall v. United States, 552 U.S. __ (2007).
In this sense, my proposal is somewhat similar to the binding judicial recommendation against deportation
that was created in immigration law by 8 U.S.C. § 1251(b) (1982), a provision subsequently repealed by the Im-
migration Act of 1990, Pub. L. No. 101-649, § 505, 104 Stat. 4978, 5050.

11
Support Centers
for Young Black MSM in Detroit
Gabriel Tourek, University of Michigan at Ann Arbor

To control the rising epidemic of HIV infection among young black men who
have sex with men (YBMSM) in Detroit, Michigan, the state Department of Com-
munity Health should establish community centers for YBMSM to meet, discuss
HIV transmission risks, be tested for the virus, and to receive instruction for pre-
vention and treatment.

State health care providers have avoided confronting the rates of HIV in Detroit’s MSM
community because of stigma, lack of information regarding MSM sexual behavior, and
the absence of meaningful organization among black MSM. Past interventions focused
on condom distribution or abstinence, with little attention to MSM culture. Private foun-
dations conduct most of the outreach, but young black MSM empirically avoid clinics
and health professionals for fear of ho-
mophobic reactions. It often takes up Key Facts
to sixty person-to-person contacts for a
• HIV is heavily racialized in Detroit:
caseworker to even persuade a YBMSM
84% of people infected between the
to be tested.
ages of 13 and 24 are black.
• Prevalence rates for MSM hover
Critical evaluations of HIV/AIDS pre-
around 14%, and MSM account for
vention centers in South Africa in 2008
42% of all HIV infections.
paradoxically revealed the structural
• The Michigan Department of Commu-
methodology of their programs to be sci-
nity Health has established no public
entifically up-to-date and well-informed
support centers for black MSM.
while at the same time grossly ineffective.
The ineffective distribution of condoms
and antiretroviral drugs (ARVs) within an
epidemic of growing proportions requires deeper investigations into the disconnect be-
tween policy and reality. Tragically, black MSM communities within the United States
are confronting the same “third world” crisis with prevalence rates as high as fourteen
percent . Youth aged 13-19 in Chicago and Detroit have seen their incidence double since
2004. It seems that “behaviors are just not lining up with knowledge about the disease” .
High infection rates among male partners, sex for survival, and more fluid sexual networks
raise infection risks for both MSM and women of color. The epidemic impacts the urban,
low-income African American community disproportionately. Intervention experts cite
lack of community awareness and positive support systems as the primary cause of this
HIV epidemic. Support centers where YBMSM can meet each other and learn about
condom use, testing, risky behavior, and treatment options, could be the tipping point.

Stakeholders
Black MSM: HIV/AIDS inflicts untold suffering through hospitalization, costly investment
in treatment, and the incalculable effects of stigma. Black MSM need support and pro-
tection. Leaders could build awareness networks and centers of support, and black
MSM must, as a community, embrace prevention initiatives.
City Council, Mayor, State and National Congressional Representatives (Detroit/
Wayne County): The silencing power of homophobia often blocks MSM-conscious poli-
cy from the local agenda as well as the issues Detroit’s representatives bring to the state
legislature and Congress. MSM issues are often politically-charged and controversial,
and the essential support of wary elected officials will depend on generating bipartisan
support. MSM support centers for HIV/AIDS should be highlighted as public health in-
terventions that benefit the entire community, including the children or dependents of
MSM.

Michigan Department of Community Health: Legislation funding support systems

and centers for YBMSM in Detroit will be a pilot test for interventions elsewhere. The
MDCH must recognize the need for investment of this kind and work actively to inform
support interventions with epidemiological analysis and results-vetting.

Talking Points
• HIV/AIDS overwhelmingly affects black MSM in Detroit.
• The State of Michigan fails to target these populations with tailored interven-
tions.
• The black MSM community in Detroit lacks available support systems, including
places to meet, access to sympathetic allies, and information about testing.
• Interventions that promote community awareness and provide means of support
and communication could provide a framework for change.

Next Steps
Support systems must be broached as a vital intervention to black MSM leaders in De-
troit, and the Department of Community Health should begin planning locations, public-
ity, and basic services to be included in support centers. Advertisement of openings,
HIV testing infrastructure, and training of moderators for HIV education and discussion-
facilitation are priorities.

Sources
Millbourne, Hank, Director of AIDS Partnership of Detroit. Personal Interview. February 2009.
Medical News Today. “Blacks, MSM Remain Most Affected by HIV/AIDS”. 2 December 2008. Online: < http://
www.medicalnewstoday.com/articles/ 131450.php>.
Michigan Department of Community Health. “2008 Profile of HIV/AIDS in The Detroit Metro Area”. Online: <
http://www.michigan.gov/mdch/0,1607,7-132-2940_2955_2982_46000_46003-36307--,00.html>.
Gavin, George and Tim Quinlan. “’Health Management’ in the Private Sector in the Context of HIV/AIDS:
Problems and Challenges Faced by Company Programs in South Africa”. Sustainable Development, 2009:
pp. 17, 19-29.
Prachand, Nikhil. Department of Health, City of Chicago: HIV/AIDS Surveillance Unit. Personal Interview,
2/25/09.

13
Filling Senate Vacancies
the Democratic Way
Sarah Scheinman and Nancy Huemer, Barnard College

Senate special elections should be made more democratic by instituting a pro-

cess of electing one of two of the state’s representatives to the United States
Senate.

The Seventeenth Amendment to the Constitution of the United States was created to
revise the process by which United States Senators are chosen. Originally powers desig-
nated to the state legislator, have evolved over time, and were reconstituted under the ju-
risdiction of the citizens of individual states. When crafting the Constitution, the New Jer-
sey Plan maintained one vote for each state in Congress, a measure of fairness from the
Articles of Confederation, and it remained in the structure of our government in the form
of the United States Senate. The revision under the Seventeenth Amendment expanded
the process for electing
members of the House
of Representatives to the
Key Facts
• Several states have their own policies: Texas and
United States Senate.
Louisiana hold all-parties special elections separately
The revisions to the 17th
from general elections, in which any qualified candi-
Amendment were made
date may run; these states do not have party-based
in the interest of democ-
nomination procedures in special elections.
racy, and democracy does
• Massachusetts, Oregon, and Wisconsin require spe-
not merely apply in the
cial elections, and Oklahoma allows interim appoint-
general election.
ments under limited circumstances, but otherwise
requires special election.
Special elections occur
when a vacancy is left for
a position in the United
States Senate, and they seek to rectify the situation by instituting an election almost
immediately after the vacancy occurs. Power is given to governors to choose an interim
Senator. There is a provision within the Seventeenth Amendment that grants the power
to appoint an interim/full term Senator to the governor of the individual states, if there is
a vacancy. The decision to include this provision is a break from the original democratic
intent of the amendment.

Currently, legislation has been proposed by Freshman Representative Aaron Schock in

the House of Representatives as well as Senator Feingold in the United States Senate,
attempting to revise election policy to make it more democratic. Neither piece of legisla-
tion is being looked at seriously, but there is a possibility for bipartisan support as dem-
onstrated by the Republican Representative and Democratic Senator both proposing
legislation to handle this topic.

We propose to begin with federal legislation that standardizes the process for filling
senate vacancies. When a vacancy occurs in the United State Senate, a Writ of Elec-
tions must be issued, and an election must commence between forty-five to sixty days
of the declared vacancy. On the forty-fifth day of the vacancy, a ballot will be sent to all
the state’s citizens that are currently eligible to vote. The voters will have fifteen days to
return the ballot, and the votes will be counted by the seventieth day when a winner will
be announced. We chose to have ballots (pre-stamped) administered by mail because it
is impractical to think that voter turnout for a special election would be truly representa-
tive of the constituency. While turnout is never 100%, with mail-in ballots, a higher rate
could be expected. A candidate in a United States Senate can only get on the ballot
officially if they have filled out their FEC Forms 1 and 2 for the office they are seeking. By
allowing for direct election by mail-in vote, this process of filling Senate vacancies puts
the power of electing Senators back in the hands of the people. The costs would be the
paper for the ballot, and the machines to count the votes. There would also be some
human supervisors to ensure the process is running smoothly. In total, the entire process
would cost fewer than five million dollars for the state, fluctuating based on the state’s
population and the consolidation of resources.

Stakeholders
United States voters will be better represented with a change to the current policy of
filling United States Senate vacancies. In total, the individual state election commissions
would expand their authority in order to handle special elections in their individual
states.

Next Steps
We believe, because of the nature of the policy and how it requires a vote from two
thirds of the federal legislature, and three fourths of the state legislature, that this policy
could be implemented by the 2016 elections, if not prior to. There is little sacrifice being
made, and only a few provisions would create to ensure that all state elections, general,
or special, serve to promote democratic, American ideals.

Sources
“The Constitution of the United States,” Amendment Seventeen
“The Constitution of the United States,” Article 1, Section 2, Clause 4
The United States of America. The Library of Congress. Congressional Research Service. By Sula P. Ricardson
and Thomas H. Neale. House and Senate Vacancies: How are they filled? Congressional Research Service.
<senate.gov/artandhistory/history/resources/pdf/Vacancies.pdf>.
The United States of America. The Library of Congress. Congressional Research Service. Filling U.S. Senate
Vacancies: Perspectives and Contemporary Developments. By Thomas H. Neale. 10 Mar. 2009. Congres
sional Research Service. <opencrs.com/getfile.php?rid=80860>
The United States of America. Federal Election Commission. Information Division of the Office of Communi
cations. Campaign Guide for Congressional Candidates and Committees. By Dorothy Yeager.

15
Building a Base: Electoral Fusion
Katharine O’Gorman, Barnard College, Columbia University
Electoral fusion, the practice of allowing a single candidate to appear on mul-
tiple ballot lines, should be adopted across the U.S. in order to encourage wider
political discourse and lower barriers to minor party participation.

Minor parties and their supporters currently face prohibitive constraints regarding their
participation in U.S. political discourse. However, minor parties provide a critical service
of giving more choice to voters. Electoral fusion provides new opportunities for minor
parties to overcome barriers to inclusion and reinvigorates democracy.

Electoral Fusion is the practice of

allowing multiple political parties
to support the same candidate Key Facts
for a single office. Currently, two • Seven states - SC, CT, DE, ID, MS, VT, and
forms exist: one allows candidates NY – currently use electoral fusion.
to appear on multiple ballot lines • Minor parties approximately received be-
of different parties, and a second tween 2.5 and 4% of the vote nationally in
where multiple parties are listed Congressional races between 2000-2006. In
next to a candidate on a single New York, a strong fusion state, minor par-
ballot line. ties receive much higher proportions. Single
minor parties in New York top national aver-
During the 19th and early 20th ages in some cases.
centuries, electoral fusion was a
vital part of the American political
system, allowing strong minor parties to exert their influence in this period. But because
this practice was associated with boss-driven political machine corruption in some states,
measures were taken to eliminate fusion. Today, it remains in seven states: South Carolina,
Connecticut, Delaware, Idaho, Mississippi, Vermont, and most prominently, New York.

Analysis
Through electoral fusion, minor parties develop a wider base of political and fiscal sup-
port otherwise unavailable to them. Fusion allows voters to express support for the val-
ues of the political party of their choice, without the cost of “wasting” their vote on a can-
didate with little prospect at electoral success. In addition, fusion can raise minor parties
above the threshold percentage of votes required to guarantee a ballot line or public
finance. Minor parties can build their infrastructure with these resources, and eventually
run their own candidates. Thus far, the majority of minor parties have continued to cross-
endorse candidates rather than offer their own. However, the proportion of the vote for
minor parties is clearly higher in fusion states, an important first step towards increased
minor party participation. Essentially, fusion invigorates political debate by eliminating
costs of supporting new voices in the electorate.

Electoral fusion also provides minor parties with the means to influence the two major
political parties. Fusion votes cast for major party candidates can provide critical votes.
Thus, major party candidates in fusion states solicit the support of minor parties, making
them more susceptible to minor party influence. Minor parties can exert this power by
threatening to withhold their support unless the major parties adopt elements of the
minor party’s platform. As a result, minor parties in fusion states are better able to repre-
sent the views of their supporters.

Fusion can also strengthen American democracy. By allowing voters to choose both a
candidate and a party, fusion indicates not just who voters support, but why they support
them. Similarly, fusion endorsements can also provide vital information to voters on Elec-
tion Day by providing indicators of the candidate’s stances on a wider variety of issues.

Stakeholders
State leaders and constituencies
Talking Points have power to amend electoral
• The barriers of the two-party system re- law. Therefore, minor party leaders
strict minor parties from fulfilling their roles should target these audiences, like
of providing an outlet for discontented citi- the Working Families Party has, to
zens and representing traditionally neglect- adopt fusion in more states.
ed issues and constituencies.
• Fusion invigorates American political dis- Next Steps
course by adding new and stronger voices, Legislatures should immediately
providing more information about can- consider bills instituting the more
didates on Election Day, and creating a vigorous form of fusion. The Nation-
means for voters to send a message with al Open Ballot Project, which pro-
their vote. vides support and bills for adopting
fusion, is a critical resource for pro-
ponents. Some opponents argue
that election costs could increase, but studies demonstrate that these costs are minimal
in comparison to the cost of election, ranging from a couple hundred dollars in small
districts to a couple thousand in large districts.

Sources
Albies, Ashlee. “To Restore Fusion Voting.” Testimony, Senate Elections and Ethics Committee, Oregon State Senate, March 28, 2007. National
Open Ballot Voting Project. http://www.openballotvoting.org/resources.php (accessed December 6, 2008).
Aldrich, John H. Why Parties? The Origin an Transformation of Political Parties in America. Chicago: The University of Chicago Press, 1995.
Argersinger, Peter H. “’A Place on the Ballot’: Fusion Politics and Antifusion Laws.” The American Historical Review 85, no. 2 (April 1980): 287-306.
Ballot Access News. http://www.ballot-access.org
Disch, Lisa Jane. The Tyranny of the Two-Party System. New York: Columbia University Press, 2002.
Dudley, Barbara. Testimony, Senate Elections and Ethics Committee, Oregon State Senate, February 5, 2008. National Open Ballot Voting Project.
http://www.openballotvoting.org/resources.php (accessed December 6, 2008).
Flanigan, William H., and Nancy H. Zingdale. Political Behavior of the American Electorate. Washington D.C.: CQ Press, 2006.
Katz, Alyssa. “The Power of Fusion Politics.” The Nation, September 12, 2005.
Kirschner, William R. “Fusion and the Associational Rights of Minor Political Parties.” Columbia Law Review 95, no. 3 (April 1995): 683-723.
Lowi, Theodore J., and Joseph Romance. A Republic of Parties? Debating the Two-Party System. Lanham: Rowman and Littlefield Publishers, Inc.,
1998.
Maisel, L. Sandy, and Kara Z. Buckley. Parties and Elections in America. 4th ed. Lanham: Rowman & Littlefield Publishers, Inc, 2005.
Mazmanian, Daniel. Third Parties in Presidential Elections. Studies in Presidential Selection. Washington, D.C.: The Brookings Institution, 1974.
Michelson, Melissa R., and Scott J. Susin. “What’s in a Name: the Power of Fusion Politics in a Local Election.” Polity 36 (2004).
Morse, Adam, and J.J. Gass, eds. “More Choices, More Voices: A Primer on Fusion.” Special issue, Brennan Center for Justice: Voting Rights and
Elections Series (October 2006).
New York Working Families Party. http://www.workingfamiliesparty.org/elections/election-results-and-victories/ (accessed October 19, 2008).
Rosenstone, Steven J., Roy L. Behr, and Edward H. Lazarus. Third Parties in America: Citizen Response to Major Party Failure. Princeton: Princeton
University Press, 1984.
Scarrow, Howard A. “Duverger’s Law, Fusion, and the Decline of American ‘Third’ Parties.” Western Political Quarterly 39, no. 4 (December 1986):
634-647.
Schattschneider, E. E. Party Government. American Government in Action. New York: Holt, Rinehart and Winston, 1942.

17
Parole System Reform
Zoe Wick, Colorado College

Colorado should repeal mandatory parole laws and reform the ways in which
technical parole violations are handled.

Colorado’s prison overcrowding may be unconstitutional--overcrowding has been

deemed cruel and unusual punishment in other states--and limits the amount of energy
prison employees may devote to the rehabilitation of each prisoner. With a recidivism
rate of 42% within one year, Colorado should devote more attention to the rehabilitation
of individuals who need help most, rather than aggravate crowding in its prisons.
Facing the pressures of budget cuts, many states are investigating ways to make their
prison systems more efficient and are finding that reforming their parole program is the
best way to cut costs.

Analysis
To slow the expansion of the prison Key Facts
population, Colorado’s parole sys- • Colorado’s prisoner population increased
tem must be reformed. Currently, 525% between 1985 and 2008.
Colorado enforces mandatory pa- • The system as a whole is operating at 110%
role, which, according to an Urban of capacity, with some prisons operating
Institute study, is ineffective: prison- at as much as 185% of capacity.
ers released under mandatory parole • The annual cost of housing a Colorado
fare no better than similar prisoners prisoner is reaching $28,759.
released with no supervision, and are
just as likely to be rearrested.

Furthermore, mandatory parole hinders the efficiency of the prison system in two ways.
First, it forces parole officers to handle heavy caseloads, leaving them with little time—
often less than two 15-minute sessions per month—for each former inmate. Requiring
parole for prisoners regardless of whether or not a board deems it necessary limits the
amount of attention that may be devoted to the individuals who need the most guidance.
Second, mandatory parole places many nonviolent individuals who do not necessarily
benefit from parole under heightened scrutiny, often resulting in their re-imprisonment
for technical violations, such as changing their address without permission. These reim-
prisonments are not necessary to protect the public and come at a high cost to society.

In 2007, approximately 40% of Colorado prison admissions, or 4,000 offenders, were

people who had violated their parole; of these inmates, only 1,000 had committed new
crimes, while 3,000 were jailed for technical violations. Many technical parole violators
do not threaten public safety and should not be returned to prison. Not only will parole
reform save Colorado millions, but by reducing the number of former inmates assigned
to parole and the number of parole violators returned to jail, the Colorado Department
of Corrections will be better able to attend to the rehabilitation of its inmates, further
lowering the recidivism rate and reducing spending.
Next Steps
Research should be done to make a more specific estimate of the amount of money the
state of Colorado would save by repealing mandatory parole and reforming the treat-
ment of technical parole violations. In addition, it may be helpful throughout the com-
ing year to investigate the strengths and weaknesses of programs implemented in New
Jersey and California.

In order to increase the usefulness of parole for those who need it and prevent re-
incarceration for technical parole violations, Colorado should repeal mandatory parole.
However, discretionary parole, through which prisoners may be released early on condi-
tions of parole if a board finds them to be suitable candidates, should be maintained.
Furthermore, in cases of technical parole violations, former inmates should be sent to
a center that assesses their risks and needs rather than returned to prison. This would
prevent prisons from being further crowded with individuals who do not pose a threat to
the public and would likely save the state millions of dollars.

These changes will cut costs,

helping Colorado to fare bet-
Talking Points ter in the face of economic
• In California, where a judge recently found the challenges. Furthermore,
degree of prison overcrowding to be unconstitu- money saved through parole
tional, more parole violators than new offenders reform should be put towards
are imprisoned each year. more effective programs that
• New Jersey recently reformed the way in which address the root causes of
technical parole violations are treated, sending crime, such as programs that
offenders to risk and need assessment facilities work to broaden the range
rather than jail. Analysts predict that this change of opportunities available to
will save the state $16.2 million this fiscal year. disadvantaged youth.

Sources
Oh-Willeke, Andrew. “Recidivism Rising in Colorado.” Wash Park Prophet. August 5, 2008. http://washpark
prophet.blogspot.com/2008/08/recidivism-rising-in-colorado.html
Steinhauer, Jennifer. “To Cut Costs, States Relax Prison Policies.” The New York Times. March 24, 2009.
http://www.nytimes.com/2009/03/25/us/25prisons.html?_r=1&scp=2&sq=Colorado%20prison&st=cse
Villa, Judi. “State May Close Two Prisons Because of Budget Shortfall.” Rocky Mountain News. January 27,
2009. http://www.rockymountainnews.com/news/2009/jan/27/prisons-plan-inmate-moves-double-bunking/

19
Proscription of Tobacco Possession
and Consumption for Minors
Jeff Nadel, Colorado College

Colorado Springs, Colorado should implement an ordinance that would legally

prohibit a minor from possessing and/or consuming any class of tobacco prod-
uct.

Legislators have often attempted to narrow the incidence of nicotine addiction in juvenile
constituents via restrictive measures in acquiring tobacco products. Yet their efforts are
routinely subverted by ignorance to the fact that some youth regularly obtain tobacco
from older members of the community. Such activity is only perpetuated by a lack of legal
regulation of the possession and consumption of tobacco and its derivatives. Current
statutes in the state of Colorado prohibit only the purchase of tobacco by minors and the
law gives local government the ability to more stringently regulate tobacco use.

In the interest of public welfare, Key Facts

health, and safety, it is to the advan-
• Approximately 75% of daily smokers be-
tage of the city of Colorado Springs,
gin smoking before the age of 20.
Colorado to implement a municipal
• One in three teens who are already daily
ordinance prohibiting the possession
smokers will die because of their nicotine
and consumption of tobacco prod-
addiction.
ucts by minors.
• In 2001, a sample of teenagers who con-
sidered themselves daily smokers were
“Tobacco or tobacco product” is
surveyed and 67.2% of them reported hav-
deemed any form of tobacco suitable
ing purchased tobacco products without
for consumption by any method, in-
being asked for identification in the last
cluding but not limited to cigarettes,
30 days.
cigars, cheroots, stogies, periques,
granulated, plug cut, crimp cut, ready
rubbed, other smoking tobacco, snuff,
snuff flour, Cavendish, plug and twist tobacco, fine cut, other chewing tobacco, shorts, re-
fuse scraps, clippings, cuttings, and sweepings of tobacco. “Minor” is defined as a person
under eighteen years of age and “possess” means that a person has or holds any amount
of a tobacco product anywhere on his or her person, owns or has custody of a tobacco
product, or has a tobacco product within his or her immediate presence and control.

Municipalities across the country have enacted similar ordinances with tremendous suc-
cess. Two prime examples exist within 70 miles of Colorado Springs and have passed
similar legislation within the past seven years. Annually, each of these cities has reported
increases in attendance of the tobacco secession course as well as decreases in the
number of recurrent violations. In the United States, 42 states have imposed some type
of youth tobacco sanction at the local, county, or state level.

In the interest of reducing the rate of nicotine addiction in minors, the focus of the ordi-
nance is preventative rather than punitive. This being said, for the sake of enforcement,
punitive measures are in place. Considerable but reasonable penalties will discourage
future violations. Furthermore, tobacco secession classes can either be ordered or of-
fered by the municipal judge in exchange for or in addition to a fine. This policy will
reduce the incidence of municipal tobacco consumption and possession as well as the
incidence of nicotine addiction.

In the city of Centennial, Colorado, a municipality slightly smaller than the city of Colo-
rado Springs, the cost-benefit analysis has proven to be beneficial over time. The returns
from monetary fines for violations have offset the cost of enforcement. Minimal profit
gains have been seen. Moreover, there has been a reduced rate of youth tobacco con-
sumption.

Stakeholders
The enactment of an ordinance prohibiting the possession and consumption of tobacco
for minors would be most successful with a local scope due to the greater probability for
enforcement and ultimate success. The youth constituency would be most prominently
impacted through implementation although tobacco retailers and law enforcement agen-
cies will also be more minimally af-
fected.
Talking Points
• In Colorado Springs, Colorado, municipal Next Steps
leaders have implemented a ban on the
The subcommittee on judicial ac-
sale of tobacco to minors but have over-
tion for the city of Colorado Springs,
looked other means by which minors ob-
Colorado should begin by conferring
tain tobacco products for consumption.
with officials in the law enforcement
• Forty-two states have implemented re-
and judicial systems about logistics
strictions on tobacco possession and con-
for implementation. Once finalized
sumption for minors, including successful
and adopted, law enforcement of-
cases in the State of Colorado.
ficials are responsible for enforce-
• Tobacco secession classes, as a proposed
ment of the ordinance.
punitive measure for this ordinance, have
been shown to reduce the incidence of
recurrent tobacco use in youth attendees.

Sources
Arias, Alejandro. “Effective Youth Tobacco Access Laws: A Comprehensive Approach.” National Conference
on Tobacco or Health. December 10-12, 2003.
Ordinance No. 2006-O-18. “An Ordinance of the City of Centennial, Colorado, Prohibiting the Possession of
Tobacco Products by Minors.” Archives of the City of Centennial, Colorado. August 21, 2006.
Ordinance No. 2008-O-10. “An Ordinance of the City of Centennial, Colorado Amending Section 10-11-30 of
the Centennial Municipal Code by Amending the Penalties for Conviction of Tobacco by Minors.” Archives of
the City of Centennial, Colorado. April 17, 2008.
Staff Report: City of Centennial, Colorado. “Ordinance No. 2008-O-10 Tobacco Possession by Minors.”
Archives of the City of Centennial, Colorado. April 29, 2008.
“Youth Tobacco Possession Laws: Policy Analysis.” Canadian Cancer Society. September 2001.

21
Strengthening the Foundation
of Vermont’s Dairy Industry
Sarah Ashby, Tarsi Dunlop, Hillary Aidun and Mackenzie Beer, Middlebury College

The Vermont State Legislature should to allow private banks to recognize ma-
tricula cards issued by the Mexican Consulate as valid forms of identification in
opening a bank account.

Through conversations with several Vermonters close to immigrant issues, three con-
cerns were identified for Vermont migrant dairy workers: access to good health care, the
ability to speak up about crime or injustice, and access to bank accounts. State Senator
Claire Ayer has twice introduced S.90, a bill that would create a public health program
for farm and food service workers. The program would include preventive and prenatal
health services and education, but the bill has not made any progress in the state legisla-
ture. As Senator Ayer stated, dairy workers are important members of the food produc-
tion process, and the state has a stake in
their health. Migrant workers in Addison Key Facts
County can currently receive health as-
• There are 2500 migrant workers in
sistance at the Addison County Open
Vermont.
Door Clinic, and maybe other counties
• Migrant workers make up half of the
should be encouraged to open similar fa-
state’s milk production labor force.
cilities. Middlebury Police Chief Officer
Tom Hanley explained that the greater
community is at risk because migrants
do not approach the police about crimes and injustices that they witness, for fear of
deportation. Further health care and the impunity from deportation would require legal
status, which can only be achieved on a federal level. We therefore determined that of
the three critical issues, access to bank accounts would be most effectively addressed
through state legislation.

Cheryl Connor, who leads the Addison County Migrant Workers Coalition (ACMWC),
explained that most migrant workers are paid about $400 for a week’s work on a dairy
farm. Because housing and utilities are provided by the farmer, the workers use some of
their salary for their own groceries and send the rest home to their families: what Cheryl
refers to as “federal aid with no strings attached.” The current string, however, is that
workers mail money home through private transfer services that skim off a large portion
of the sum. If workers were able to open bank accounts they could wire money home
without losing so much of it, and patronize Vermont banks.

According to Cheryl Mitchell, a member of ACMWC, the Mexican consulate currently is-
sues matricula identification cards to Mexican migrant workers in Vermont, but the state
does not legally recognize them. If banks were legally allowed to recognize these cards
the migrant workers would be able to open accounts. New Haven is the first city in the
country to adopt a similar policy, which issues identification cards to residents regardless
of their origin or legal status; the cards have increased migrants’ contact with the local
police, though it has thus far had limited success in encouraging them to open bank ac-
counts. The proposed policy for Vermont would allow banks to recognize matricula cards
without the threat of deportation.

Analysis
Vermont’s dairy industry is the largest in New England, and our dairy farms rely on the
labor of approximately 2500 migrant workers. An estimated one-third of full-time farm
workers in Vermont are Hispanic immigrants, while migrant workers make up half of the
state’s milk production (as opposed to non-dairy products). As Senator Ayer pointed
out, the state’s food production competes with those such as Florida’s and California’s
that employ many more migrant workers; it is in the state’s best interest to provide for
this population where possible. Further-
more, Vermont banks would benefit
Talking Points from holding additional bank accounts
• Encourage the Vermont State Legisla- and facilitating wire transactions. The
ture to allow private banks to recognize infrastructure for the change is already
matricula cards issued by the Mexican in place, so the only change to be made
Consulate as valid forms of identifica- is the recognition of matricula ID cards.
tion in opening a bank account. Officer Hanley explained that the isola-
• Vermont banks, and through them the tion of the migrant worker population
state economy, would benefit mon- poses a risk to the greater community
etarily from holding these accounts. because they feel unsafe speaking up
• Integrate population whose isolation about crime or injustice. Access to bank
currently poses threats to the greater accounts would begin to incorporate
community. migrants into the community in a way
that could provide more opportunities
to avoid unseen dangerous situations.

Next Steps
• Clarify policies of different banks in Vermont
• Advertise these policies through ESL tutors, the Mexican Consulate and
church services using fliers and encouraging banks to post them on their
websites.
• Recommend possible legislative changes if necessary.

Sources
Ayer, Claire. “Migrant Workers in Vermont.” Personal interview. 12 Mar. 2009.
Connor, Cheryl. “Migrant Workers in Vermont.” Personal interview. 16 Mar. 2009.
Hanley, Tom. “Migrant Workers in Vermont.” Personal interview. 3 Mar. 2009.
Mitchell, Cheryl. “Migrant Workers in Vermont.” Personal interview. 10 Mar. 2009.
Sesno, Christopher, Jack Masur, and Chritopher Mejia. Reinforcing Vermont’s Dairy Industry. Working paper.
UnderstandingVT.org

23
Efficient & Equitable
Registration Verification
William Slack and Collete Salemi, Williams College
States should allow voters to verify their registration and absentee ballot sub-
missions online and vote without personally appearing for either registration or
the casting of a ballot.

Many states allow citizens to verify registration and absentee ballot submissions online,
but this policy is not universal. Without electronic verification, citizens have to call their
local election commission to verify state records. This call takes a state employee’s time
and risks communication errors between the computer, employee, and citizen. States
already track such information electronically; there is no substantial justification to with-
holding it from secure distribution via the Internet.

Additionally, no citizen should be required to either register or vote in person, as is cur-

rently the case in two states. This proves especially discouraging for students study-
ing out-of-state, who are disenfranchised if they cannot travel home to register or vote.
Families on limited budgets may
find such travel impossible. Ad- Key Facts
ditionally, un-registered people • Currently, 29 states provide website services
temporarily employed away that allow residents to check the status of
from their home state may also their voter registration and absentee voter re-
be barred from voting. Employ- quest forms online.
ment, academic dedication, and • 25% of votes cast in the 2008 election were
limited budgets should not pre- via absentee voting.
vent anyone from expressing • Two states currently require registering/voting
their franchise. in person: Illinois and Tennessee.
• In the most recent data (from 2004) 19,000
Analysis four-year college students from Illinois studied
Implementation will not require out of state; representing 75% of Illinois’s grad-
significant new infrastructure, as uating high school seniors. (National Center
all local election offices should for Education Statistics, 2007)
already have this information • Also in 2004, 5,277 four-year college stu-
stored electronically in order to dents from Tennessee studied out of state;
prevent data loss through fire. representing 22% of Tennessee’s graduating
This reform requires them to seniors. (National Center for Education Statis-
store that data with the state in a tics, 2007)
common format, which the state
can then make available to citi-
zens along with logged receipt of absentee ballot requests and completed ballots.

Regarding absentee balloting, the new policy has no cost because the states in question
already have procedures for absentee voting and registration by mail. The policy actually
saves money by eliminating the need for states to track if voters have appeared in person
for registration or voting. If states are worried about voter fraud, they could require the
signature of a Notary Public, or a copy of some valid form of verification, requirements
that some others states have used with success.

Stakeholders
All absentee voters are affected. Because military groups, Americans abroad, and col-
lege students are two large groups that often vote out of state, these groups would be
especially affected. Laws requiring personal appearances affect students from Illinois
and Tennessee. They could be engaged through outreach to campus political and voting
groups, as well as through student-government associations.

Next Steps
Talking Points These reforms should be enacted
• These policies have been adopted with suc- through individual state laws and
cess by a number of states. nationally through an amendment
• Online voter and absentee ballot verification to the Help America Vote Act of
makes the registration process much more 2002. As with other elections
efficient, reducing voter confusion regarding laws, it will be enforced by the
registration status and reducing error. Federal Election Commission.
• Absentee ballot policy reform would enable Some states may initially oppose
state citizens to cast ballots in their “home” online verification because of
state, instead of being forced to cast a ballot start-up costs. However, the ex-
in a state of temporary residence. perience of states that have en-
• Current policies make voting more prohibi- acted these reforms as well as the
tive for lower income citizens since they are effectiveness of the service once
more likely to lack the funds for travel. the website is developed and run-
ning should eliminate opposition.
Approaching congressional del-
egations from the affected states may be a necessary step in gaining national support to
change the requirements that require voters to appear in person.

Sources
McDonald, Michael. “2008 Early Voting.” United States Election Project. 2008. www.elections.gmu.eduearly_
vote_2008.html)
Check Your Registration and Polling Place. International Humanities Center. http://www.votersunite.org/info/
RegInfo.asp
National Center for Education Statistics, Digest of Education Statistics: 2007. U.S. Department of Education.
http://nces.ed.gov/programs/digest/d07/tables/dt07_214.asp?referrer=list
The Nonprofit Voter Engagement Network. “America Goes to the Polls: A Report on Voter Turnout in the
2008 Election. http://www.nonprofitvote.org/. 2008.

25
Collateral Consequences
Matthew Fischler, Northwestern University

Eliminate the collateral consequences of felony conviction for non-violent drug

offenders.

Male defendants from low-income communities of color face disproportionately larger

sentences than their white and higher income counterparts because of a combination of
racial profiling, inadequate indigent defense council, and inequitable sentencing guide-
lines. Overloaded municipal courts employ aggressive plea bargaining practices to un-
clog case dockets, coercing low-income defendants to plea guilty in return for reduced
sentences. In 2007, 95.7% of all felony convictions were the result of guilty pleas.2

But many defendants do not realize that entering a guilty plea results in a felony convic-
tion that has life-long “collateral consequences” that bar them and their family members
from access to the social safety net. Nearly 7.3 million children currently have parents
who are in jail, on probation, or on parole. The majority of these children are vulnerable
to the invisible penalties associated
with their parent’s felony convic- Key Facts
tion.3 Federal statutes bar con- • 1 in 9 African American Men aged 20-34 are
victed felons from receiving social in prison.
services such as housing subsidies • 7.3 million children are subject to the col-
(Public Housing/Housing Choice lateral consequences of parents’ felony
Vouchers), Temporary Assistance convictions.
for Needy Families (TANF), and the • When compared to imprisonment, commu-
Supplemental Nutrition Assistance nity corrections save tax payers on average
Program (SNAP).4 By removing pen- $74.95/day per offender.
alties, states can prevent vulnerable • Economists project that state budgets face
families and individuals from losing a combined deficit of nearly 312 billion dol-
access to essential social services lars, with states spending nearly 52 billion
while reducing drug crimes and dollars a year on corrections.1
save taxpayers millions of dollars.

First, Congress should adopt a federal “deferred adjudication” statute which supports lo-
cal, state, and US district court efforts to provide non-violent drug offenders the option of
entering into probationary substance abuse programs, a practice already implemented
in Texas. Upon completion of a program, all drug related charges against the defendant
are dropped, avoiding the long-term collateral consequences. By placing more low-risk
non-violent offenders into community corrections as opposed to prison, states can save
tax payers millions of dollars while offering while rehabilitating low risk ex-offenders. On
average, it costs a state $78.95/day to house an offender in prison, where community
supervision costs taxpayers $4/day on average.5

Second, Congress should repeal the lifetime ban on individuals convicted of non-violent
drug felonies from receiving TANF (welfare) and SNAP (food stamp) benefits. Repealing
the ban would have a positive effect on over 135,000 children at risk of going into foster
care due to reduced family incomes.6
Third, Congress should adopt legislation protecting public housing leaseholders, and
Housing Choice voucher holders from eviction or denial of tenancy based on familial
relations to non-violent drug offenders. This legislation should also protect ex-offenders
against automatic exclusion from housing subsidies.

By eliminating the barriers to emergency social services, Congress can provide low-
income offenders with opportunities to support themselves and their families and to
become responsible citizens.

Next Steps
Talking Points With the introduction
• Sentencing guidelines for drug offenders and policing of the National Crimi-
practices have disproportionately impacted low-income nal Justice Com-
African American and Latino inner city communities. mission Act of 2009
• Deferred adjudication is a more effective means of reha- by Senator Webb,
bilitating non-violent drug offenders. eliminating collat-
• Restoring access to the social safety net is essential for eral consequences
successful community re-entry for indigent ex-felons. is politically feasible.
Politicians from both
parties agree that the
criminal justice system isn’t effectively punishing and rehabilitating ex-offenders. Com-
munity surveillance programs such as deferred adjudication have been proven to be
more effective at reducing drug related crime than prison sentences.6 In the context of an
economic downturn, state can shift low-risk offenders into more effective community cor-
rection and rehabilitation programs saving taxpayers millions of dollars. With the growing
political will to reform the criminal justice system, it is time to take bold steps to eliminate
the debilitating effects invisible penalties have on our most vulnerable populations.

Sources
[1] Fears, Darryl. “Sentencing Panel Mulls Alternatives to Prison.” Washington Post 12 Oct. 2008. <http://www.washingtonpost.com/wpdyn/content/
article/2008/10/11/AR2008101102051.html>.
[2] U.S. Sentencing Comm’n, Sourcebook of Federal Sentencing Statistics, fig.C (2006). http://www.ussc.gov/ANNRPT/2006/SBTOC06.htm
[3] Travis, Jeremy, Elizabeth C. McBride, and Amy L. Solomon. Families Left Behind: The Hidden Costs of Incarceration and Reentry. Rep. 09 Feb.
2006. Urban Institute Justice Policy Center. <http://www.urban.org/UploadedPDF/310882_families_left_behind.pdf>. 2.
[4] Travis, Jeremy. Invisible Punishment: An Instrument of Social Exclusion. Publication. 1 July 2002. Urban Institute. <http://www.urban.org/
urlcfm?ID=1000557>.18
[5] Pew Center on the States, One in 31: The Long Reach of American Corrections (Washington, DC: The Pew Charitable Trusts, March 2009).
[6] Life Sentences: Denying Welfare to Women Convicted of Drug Offenses. Issue brief. Washington, DC: The Sentencing Project, 2006.
[7] Solomon, Amy L., Jenny W. L. Osborne, Stefan F. LoBuglio, Jeff Mellow, and Debbie A. Mukamal. Life After Lockup: Improving Reentry from Jail
to the Community. Rep. 01 May 2008. Urban Institute Justice Policy Center. <http://www.urban.org/UploadedPDF/411660_life_after_lockup.pdf>.

Other Sources Consulted:

Kelling, George L., and James Q. Wilson. “Broken Windows: The Police and Neighborhood Safety.” The Atlantic Monthly Mar. 1982.
One in 100: Behind Bars in America 2008. Rep. Washington, DC: Pew Center on the States, 2008.
Report of the Re-Entry Policy Council: Charting the Safe and Successful Return of Prisoners to the Community. Council of State Governments.
Reentry Policy Council. New York: Council of State Governments. January 2005
Smart on Crime: Recommendations for the Next Administration and Congress. Rep. 5 Nov. 2008. The 2009 Criminal Justice Transition Coalition.
<http://2009transition.org/criminaljustice/>.

27
your ideas.
your leadership.
your issues.

it’s the new

student activism.

rooseveltcampusnetwork.org
Rooseveltcampusnetwork.org