Ban The Box: the next step in criminal justice reform

Stacy Swimp B4 Feb 15 webAmerica is a world leader in human rights, which is generally defined as “rights and freedoms that all humans should be guaranteed, such as the right to life and liberty, freedom of thought and expression, and equality before the law.”
But, for a country that embraces a belief in second chances, America doesn’t do a very good job in extending the same fair chances to people with felony records.
There are approximately 1.3 million convicted felons in the state of Michigan. One out of every six adults in Michigan has a felony on their records. They will, of course, carry the stigma and bear the lifelong consequences of being a “convicted felon.”
The vast majority of businesses have the “box” on their application. It is discrimination at the front door. It knows no ethnic or class boundaries and it begs the question: “When is punishment enough punishment?”
Removing a person’s freedom should be enough punishment, but when citizens also pay their debt to society by completing their sentences, they should be allowed to regain their respect and dignity in their communities, not be branded for life.
Why should we care about people with felony convictions?
The short answer is everyone has a stake in prisoner re-entry to society and whether we believe this or not, one thing is for certain: Most inmates in Michigan prisons are going back to Michigan cities.
Do we want people who are angry and unskilled with no employment potential — or people who are rehabilitated and who can engage in “the dignity of work,” which is one of the best ways we can keep people from turning back to a life of crime, help keep our communities safe, keep families together and also make people less dependent on government entitlements.
“Ban-the-box” is a legislative initiative that can help a lot because it seeks to fight for that fundamental right to work, on behalf of convicted felons.
Anyone who’s applied for a job knows that there is a check box on job applications that asks the dreaded question “Have you ever been convicted of a felony?”
Ban-the-box legislation would establish new standards for hiring people with criminal records.
It is not a quota or preference. It establishes that the only required considerations allowed are:
*Passage of time since conviction
*Evidence of rehabilitation (occurrences in life of applicant since crimes)
*Relationship of crime to the purposes of regulating public employment sought
*Relationship of crime to ability, capacity and fitness for job
It does not permit the “Box” to be asked before the interview process, thereby protecting the felon from immediate discrimination.
Michigan should tap into the momentum that’s already been building in Washington, D.C., for similar legislation at the federal level.
On Oct 7, 2015, the Senate Homeland Security and Governmental Affairs Committee voted unanimously to approve the Fair Chance to Compete for Jobs Act of 2015 (S. 2021), which is bipartisan legislation that would ban federal agencies and federal contractors from asking job applicants to disclose criminal histories before making conditional job offers.
Companies such as Bed, Bath & Beyond, Home Depot, Koch Industries, Target and Wal-Mart already have adopted policies similar to the Fair Chance Act.
Nineteen states and more than 100 cities and counties have already enacted “ban-the-box” legislation.
Michigan must also adopt “ban-the-box” legislation, which is real world example of how restorative justice can successfully aim to repair the harm caused by crime rather than continue to punish people, which may end up indirectly punishing us all.

 

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