Transcript Slide 1

RACIAL JUSTICE PROJECT
4500 BISCAYNE BLVD. SUITE 340, MIAMI FL 33137
RESTORATION OF CIVIL RIGHTS
TRAIN THE TRAINERS
PRESENTER:
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
OUTLINE
•OVERVIEW OF FELON DISENFRANCHISMENT HISTORY
•FELON DISENFRANCHISMENT IN FLORIDA
•FLORIDA EXECUTIVE CLEMENCY PROCESS
•FLORIDA CLEMENCY RULES
•FLORIDA RIGHTS RESTORATION COALITION
•THE RCR APPLICATION PROCESS
•INTAKE AND RCR ASSISTANCE
•ORGANIZING A WORKSHOP
•AT THE WORKSHOP
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877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Felon Disfranchisement History
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Europe
 In Athens and other Greek city-states, the status of atmia
[loss of civil rights] was imposed upon criminal offenders
(Harvard Note 1989)
 English law developed the related punishment which resulted
in forfeiture of all property, inability to inherit or devise
property, and loss of all civil rights. These principles were
transplanted to the British colonies which later became
Canada and the United States (Bodie 1991)
United States
 “By making the franchise in national elections dependent on
state suffrage laws, the authors of the Constitution
compromised their substantive disagreements to solve a
potentially explosive political problem. [...] “citizenship in the
new nation -- controlled by the federal government -- was
divorced from the right to vote.(Kayssar 2000)
 When the Fourteenth Amendment was ratified (1868), it
opened the door for Jim Crow legislatures to deny blacks
the right to vote through disfranchisement laws. These laws
were narrower in scope than literacy and poll taxes and
were easier to justify provided Southern states “insurance
if courts struck down more blatantly unconstitutional
clauses’. ( (Shapiro, 1993; Schall 2006)
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Felon Disfranchisement in Florida
Constitution of the State of Florida
As revised in 1968
ARTICLE VI, SECTION 4.
Disqualifications.-(a) No person convicted of a felony, or
adjudicated in this or any other state to
be mentally incompetent, shall be
qualified to vote or hold office until
restoration of civil rights or removal of
disability.
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ARTICLE IV, SECTION 8A.
Except in cases of treason and in cases where
impeachment results in conviction, the
governor may, by executive order filed with the
secretary of state, suspend collection of fines and
forfeitures, grant reprieves not exceeding sixty
days and, with the approval of two members
of the cabinet, grant full or conditional
pardons, restore civil rights, commute
punishment, and remit fines and forfeitures for
offenses.
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Florida’s Executive Clemency Process
Rules of Executive Clemency
Rules are discretionary
Board of Executive Clemency (Governor & Cabinet)
Example: Rule 9 of 1975 Rules of Executive Clemency
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When a person receives final release from the
Florida Parole and Probation Commission,
Department of offender Rehabilitation or county
jail, his civil rights shall be automatically reinstated,
except the right to possess or own a firearm shall
be specifically withheld.
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Florida Rights
Restoration Coalition
• A broad, non-partisan coalition organized in March 2003
•Over 60 local, state and national member organizations
• Dedicated to achieving permanent constitutional reform to
end the disenfranchisement of close to one million Floridians
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877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Florida Clemency Rules
New rules April 5, 2007
• Process involving levels
• Conditions to meet
• Etc.
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877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
The RCR Application Process
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STEPS IN THE RCR
APPLICATION PROCESS
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Intake and RCR Assistance
Confidential Intake Form
Preliminary procedures
“Red Flag” Applications
RCR Paperwork
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
The RCR Application Process
Organizations with Access to the Online Database
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Search for Applicants name & date of birth
during intake
If Applicant does not appear, proceed with
intake process
If Applicant appears, print certificate
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Make sure there are no other felony
convictions since the date of the RCR grant.
Online Database: https://fpcweb.fpc.state.fl.us/
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877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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If a large group of applicants is expected
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Intake volunteers should greet Applicants and ask them to complete
the Intake Form, before seeing a RCR volunteer
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Host should set up a separate intake process
Inform the Applicant that completing the Intake Form is optional
If the person declines completing Intake Form, assistance is still provided
Intake/RCR Volunteers can assist Applicant in completing Intake Form
Intake Form is given to RCR Volunteer
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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RCR Volunteer
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Introduce him/herself to the Applicant
Inform the Applicant that he/she is not an attorney & cannot offer
legal advice
Advise the Applicant that all information discussed is confidential
Explain to Applicant that he/she will ask a few questions to determine
if the Applicant is eligible for RCR
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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Preliminary Inquiries for Assisting with RCR Applications
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US Citizen
Has a felony conviction
No longer under supervision, probation or parole
Does not owe court-ordered restitution
Has no outstanding detainers/criminal charges
Was a Florida resident upon conviction & served all time, including
probation/parole, in Florida & remained a Florida resident upon release
from supervision.
Currently a Florida Resident
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
“RED FLAG” Applications
(contact workshop leader):
• Voting since felony conviction
•Adjudication Withheld
•Still under supervision (probation or parole)
•Owes court order restitution
•Non-citizen
•Out of state conviction
•Location?
•Residency at the time of conviction?
•Where was time served?
•Residency at the time of release from
supervision?
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877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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RCR Paperwork
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Data Worksheet
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Assist Applicant
Do not complete for Applicant
Check appropriate box
Complete all sections
Provide comprehensive list of
crimes, if possible & indicate
out of state convictions, if
possible
Authorized Representative
Sign & Date
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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RCR Paperwork
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Level 2 & Level 3
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Letters of recommendation
Provide “Restoration of Civil
Rights Self-Preparation Guide”
Review portfolio & hearing
requirements.
Level 2 offense may not
require a hearing
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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Remember:
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Ask the Applicant if he/she would like the Host
Organization to submit the Data Worksheet to the OEC
If Applicant declines, remind him/her to mail the original
and retain a copy in a safe place.
If possible, make 2 copies of Data Worksheet:
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Return a copy to Applicant
Keep a copy for Host Organization files
Send Original to OEC
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Intake and RCR Assistance
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RCR Paperwork
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The Applicant leaves with
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“After the Application”
Florida Clemency Rules Summary
Level 2 & 3 Only: “Restoration of
Civil Rights Self –Preparation
Guide”
Remember to Congratulate the Applicant!
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877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Organizing the Workshop
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Hosting a Rights Restoration
Workshop – Things to Remember:
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Community Event
Assistance is Individualized
Volunteers do not give legal advice
Volunteer training 1 hour before
Can have speakers
No longer than 4 hours
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VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Organizing the Workshop
Interested people/groups/activists
Non-partisan
Planning Committee meetings
Designate Workshop Leader
Type of Workshop
Rights Restoration
Job Fairs
Seal & Expunge Events, etc
Set a Date
Find a Venue
Recruit Volunteers
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Publicize Your Workshop
Flyers, 3-4 weeks before
Press Advisory
Immediately contact papers
Radio PSA’s
Interviews
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Organizing the Workshop
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Duties of Workshop Leader
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Confirm attendance of volunteers
Train volunteers
Collect signed Volunteer Confidentiality Agreements
Help RCR volunteers
Collect Applicant documents
Send the ACLU of Florida Confidential Intake Forms,
Data Worksheets, & Volunteer Sign-In Sheets
Available during workshop for questions
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
At the Workshop
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Arrive Early
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Set up & train volunteers
Post signs
Check-in table
RCR volunteer table
RCR Volunteer Sign In
Refreshments
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
After the Workshop
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Handling Original Documents
(Strictly Follow)
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Sending Documents to ACLU
Sending Documents to OEC
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Submission of Data Worksheets
Copy every document
Keep Intake Form
877-U-COUNT-2/ www.aclufl.org /[email protected]
VOTING RIGHTS PROJECT
RESTORATION OF CIVIL RIGHTS TRAINING
Conclusion
Thank You.
Questions, Comments?
www. RestoreRights.org
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877-U-COUNT-2/ www.aclufl.org /[email protected]