Recommit to Criminal Justice Reform Study and Advocacy Executive Council Criminal Justice

Transcription

1 RESOLUTION NO.: 2015-A011 GENERAL CONVENTION OF THE EPISCOPAL CHURCH 2015 ARCHIVES RESEARCH REPORT TITLE: PROPOSER: TOPIC: Recommit to Criminal Justice Reform Study and Advocacy Executive Council Criminal Justice Directly Related: (Attached) 2012-A077 Develop a Model Prisoner Ministry 2012-D026 Urge Support for Bipartisan U.S. Commission on Criminal Justice 2012-D059 Halt Unjust Immigration Enforcement 2006-A111 Investigate Criminal Justice Issues 2003-A008 Urge Congress to Repeal Mandatory Federal Sentencing Guidelines 2003-A126 Promote Juvenile Justice Reform 2003-B026 Establish the Joint Committee on Criminal Justice 2000-B001 Implement and Allocate Funds for the Committee on Criminal Justice Issues 2000-B055 Reaffirm Criminal Justice System Reform 1994-D010 Request Moratorium on Construction of Maximum Control Prisons 1988-D062 Urge Government to Abolish the Lexington Women's Control Unit 1985-C043 Create a Task Force on Reform of the Criminal Justice System Indirectly Related: (Available in the Acts of Convention database, searchable by resolution number) 2000-C010 Expand the Ministry of the OBAF Office to Address Juvenile Justice Issues 2000-D070 Support Legislation to Make DNA Testing Available to Accused Persons and Prisoners 1997-D018 Call for Information and a Rehearing of the Case of Mumia Abu-Jamal In preparing this report, the Archives researched the resolutions in the Acts of Convention database for the period 1976 through 2012, selecting direct resolutions that have a substantive bearing on the proposed legislation. The direct resolutions are attached and indirect resolutions are available in the Acts of Convention database. Committee members who require other research assistance should contact the Archives at before Convention or at Convention in the General Convention Secretariat. The Acts of General Convention Research report provided by The Archives of the Episcopal Church

2 Resolution Number: 2012-A077 Develop a Model Prisoner Ministry Concurred as Amended Resolved, That the 77th General Convention commit to the Baptismal vow to strive for justice and peace among all people and respect the dignity of every human being; and be it further Resolved, That justice must be done for victims and offenders alike; and be it further Resolved, That The Episcopal Church is firmly committed to a system of justice that seeks to provide prisoners with assistance both before and after their release, including alternatives to prison where appropriate, and programs in prison offering offenders the chance to learn job skills and complete education; and be it further Resolved, That The Episcopal Church seek to address the concern of prison culture in our society today; and be it further Resolved, That The Episcopal Church develops a social statement on prison reform; and be it further Resolved, That The Episcopal Church commits funds to develop and implement a model program in partnership with the Office of Black Ministries and the program officer of Social and Economic Justice; and be it further Resolved, That The Episcopal Church recognize and express its gratitude to the many ministries of the church, including those of prison chaplains, volunteers, parishes and dioceses that work to support prisoners and their families. General Convention, Journal of the General Convention of...the Episcopal Church, Indianapolis, 2012 (New York: General Convention, 2012), pp Archives Research Report, 2012-A077 Page 1 of 1

3 Resolution Number: 2012-D026 Urge Support for Bipartisan U.S. Commission on Criminal Justice Concurred as Substituted Resolved, That the 77th General Convention of The Episcopal Church instruct the Office of Government Relations to urge the United States Congress to support a bipartisan United States Commission on Criminal Justice to inquire into our present flawed system of incarceration and seek alternatives that would be effective, humane, and financially prudent; and be it further Resolved, That this Convention encourage Bishops and Deputies to transmit this resolution to their Senators and Representatives from their own states and districts, and urge their support for a bipartisan United States Commission on Criminal Justice. General Convention, Journal of the General Convention of...the Episcopal Church, Indianapolis, 2012 (New York: General Convention, 2012), p Archives Research Report, 2012-D026 Page 1 of 1

4 Resolution Number: 2012-D059 Halt Unjust Immigration Enforcement Concurred as Substituted Resolved, That the 77th General Convention call for a halt to the U.S. Immigration and Custom Enforcement s Secure Communities program (in which local jurisdictions send fingerprints of detainees suspected of immigration violations to federal authorities), which in practice leads to lengthy detention at the public expense of unrepresented immigrants who have no serious charges pending against them, and effectively discourages victims of various crimes, such as domestic violence, from reporting those crimes; and be it further Resolved, That The Episcopal Church decry the use of racial profiling or the use of race as a reason to question one s immigration status; and be it further Resolved, That The Episcopal Church oppose the use of identity checks for the purpose of determining immigration status. General Convention, Journal of the General Convention of...the Episcopal Church, Indianapolis, 2012 (New York: General Convention, 2012), p Archives Research Report, 2012-D059 Page 1 of 1

5 Resolution Number: 2006-A111 Investigate Criminal Justice Issues Concurred Resolved, That the 75th General Convention direct the Standing Commission on National Concerns to investigate issues relating to criminal justice in the United States and The Episcopal Church s ministry within the criminal justice system. General Convention, Journal of the General Convention of...the Episcopal Church, Columbus, 2006 (New York: General Convention, 2007), p Archives Research Report, 2006-A111 Page 1 of 1

6 Resolution Number: 2003-A008 Urge Congress to Repeal Mandatory Federal Sentencing Guidelines Concurred as Amended Resolved, That the 74th General Convention urge the Congress of the United States to repeal the mandatory Federal sentencing guidelines used in federal criminal matters, and direct the Office of Government Relations to work for such repeal in order to give federal judges more discretion in sentencing offenders, and to overcome the current racially discriminatory impact of these guidelines. General Convention, Journal of the General Convention of...the Episcopal Church, Minneapolis, 2003 (New York: General Convention, 2004), p. 126f. Archives Research Report, 2003-A008 Page 1 of 1

7 Resolution Number: 2003-A126 Promote Juvenile Justice Reform Concurred as Amended Resolved, That the 74th General Convention of The Episcopal Church direct the Office of Government Relations to work for legislation that provides alternatives to sentencing for juveniles, offers creative programs for rehabilitation, and establishes separate intermediary facilities for incarceration for juveniles convicted of serious crimes; and be it further Resolved, That the 74th General Convention call upon dioceses, congregations, and individual Episcopalians to promote reforms in state juvenile justice systems that focus on justice, human dignity, and rehabilitation; and be it further Resolved, That the 74th General Convention encourage defense attorneys to offer pro bono services to alleviate the growing epidemic of inadequate counsel and express gratitude for those who provide these services. General Convention, Journal of the General Convention of...the Episcopal Church, Minneapolis, 2003 (New York: General Convention, 2004), p Archives Research Report, 2003-A126 Page 1 of 1

8 Resolution Number: 2003-B026 Establish the Joint Committee on Criminal Justice Concurred as Amended Resolved, That the 74th General Convention recommend that, commencing with the triennium beginning in 2004, the Joint Committee on Criminal Justice be established as a Committee of the Executive Council called for the purpose of fulfilling a revised mandate, convening two meetings of the Committee per year to implement the policy of the Committee, and accomplishing the work defined in the revised mandate. This work consists of the following tasks: Task 1 The establishing of a network of individuals and organizations involved in criminal justice that can assist the committee in accomplishing its purpose of achieving just reform; the work to be accomplished by committee members and the Church Center Officer for Criminal Justice Reform; $5,000 to be allocated for this work. Task 2 The preparing of an educational and consciousness-raising program to be presented to the Church; the work to be accomplished by a sub-committee convened by the Church Center Officer for Criminal Justice Reform; $15,000 to be allocated for this work. Task 3 The gathering and availability of a resource inventory of successful criminal justice programs dealing with advocacy, leadership, and program delivery; the work to be accomplished by committee members and the Church Center Officer for Criminal Justice Reform, and to be published as a web resource by the Communication department of the Church Center; $3,000 to be allocated for this work. Task 4 CCJI recognizes the need for development of worship materials specific to this ministry, and will undertake this work, which will be developed by committee members, the Church Center Officer for Criminal Justice Reform, and the Church Center Liturgical Officer as liaison to the Standing Commission on Liturgy and Music; and will be published in the forthcoming Book of Occasional Services, as well as being made widely available to both Episcopal and Ecumenical users via the web; $15,000 to be allocated for this work. A further $24,000 to be allocated for meetings, making a total of $62,000 that the General Convention request the Joint Standing Committee on Program, Budget and Finance to consider for the full implementation of this resolution [sic]. General Convention, Journal of the General Convention of...the Episcopal Church, Minneapolis, 2003 (New York: General Convention, 2004), p. 338f. Archives Research Report, 2003-B026 Page 1 of 1

9 Resolution Number: 2000-B001 Implement and Allocate Funds for the Committee on Criminal Justice Issues Concurred as Submitted Resolved, That the 73rd General Convention activate the Task Force on Reform of the Criminal Justice System mandated by the 1985 General Convention (C043) as a joint committee of the House of Bishops and House of Deputies staff support under the direction of the Bishop for the Armed Services, Health and Prison Ministries [sic], and the Director of Prison Ministries, recognizing the unique character of the pastoral and program needs of this mission area with an expanded mandate, and that any residual, appropriate and unresolved issues resulting from the actions of subsequent Conventions, viz. D062 (1988), D056 (1991), D087 (1994) and D035 (1994) be handled by this Committee. The expanded mandate of the Committee will include implementation and oversight of the following: Development and provision of information, networking resources, funding, recruitment, training, support, and encouragement by parishes and diocesan means for prison ministers at the Federal, State, County, and local levels. Liaison and interaction with government agencies, organizations involved with the Justice system, Federal and State representatives on the one hand, and Bishops, appropriate diocesan sources and organized prison ministries already in place, on the other. Provision of proclamation, advocacy, leadership, and materials for the advancement, awareness, and implementation of effective prison ministry throughout the Episcopal Church; and be it further Resolved, That the 73rd General Convention request and require that each diocese of the Episcopal Church include in Diocesan Cycles of Prayer intercession for prison ministries, and for all incarcerated persons and their families; and be it further Resolved, That the new committee shall be named the Committee on Criminal Justice Issues, and be allocated funding to enable the deliberations of the Committee in the amount of $90,000 for the triennium. General Convention, Journal of the General Convention of...the Episcopal Church, Denver, 2000 (New York: General Convention, 2001), p. 564f. Archives Research Report, 2000-B001 Page 1 of 1

10 Resolution Number: 2000-B055 Reaffirm Criminal Justice System Reform Concurred as Amended Resolved, That the 73rd General Convention of the Episcopal Church reaffirm that the Episcopal Church at all levels become active at local, state and federal levels on public policy decisions affecting the growing prison industrial complex; and be it further Resolved, That the Episcopal Church call for a moratorium to the posting of prisoners outside their home states and territories; and be it further Resolved, That the Episcopal Church call for a moratorium on further prison construction and the use of private prisons, except where a local diocese discerns the need to do otherwise for pastoral reasons, and call for appropriate changes in the laws requiring mandatory sentencing for nonviolent and property crimes. General Convention, Journal of the General Convention of...the Episcopal Church, Denver, 2000 (New York: General Convention, 2001), p Archives Research Report, 2000-B055 Page 1 of 1

11 Resolution Number: 1994-D010 Request Moratorium on Construction of Maximum Control Prisons Concurred As Amended Resolved, the House of Bishops concurring, That the 71st General Convention of the Episcopal Church join other religious bodies and human rights groups in urging the U.S. governmental agencies, such as the federal and state agencies on prisons to stop further construction and completion of what is commonly known as Maximum Control Unit prisons and begin to eliminate such prisons already existing or under construction, such as at Marion, Illinois, and Florence, Colorado; and be it further Resolved, That U.S. governmental agencies be urged to observe the United Nations Standard Minimum Rules for the Treatment of Prisoners out of respect for international concern for human rights; and be it further Resolved, That resources be allocated for rehabilitation, education, housing, health care, productive employment and other basic human needs, for those imprisoned by such agencies; and be it further Resolved, That the Secretary of the General Convention be requested to communicate the Church's hope for a moratorium on maximum control prison construction and other related issues as outlined above to the President of the United States and the Congress. General Convention, Journal of the General Convention of...the Episcopal Church, Indianapolis, 1994 (New York: General Convention, 1995), p Archives Research Report, 1994-D010 Page 1 of 1

12 Resolution Number: 1988-D062 Urge Government to Abolish the Lexington Women's Control Unit Concurred As Submitted Resolved, the House of Bishops concurring, That this 69th General Convention urge the U.S. Government to abolish the Lexington Women's Control Unit at Lexington, Kentucky, and all other similar institutions; and be it further Resolved, That the Episcopal Church express deep concern about this deplorable and cruel treatment, the only purpose of which is to modify the behavior of the confined women and to inflict extreme physical and mental incapacitation; and be it further Resolved, That the Episcopal Church repudiate vigorously the establishment of such women's control units and the use of psychological and physical tortures; and be it further Resolved, That copies of this Resolution be sent to Michael Quinland, Federal Bureau of Prisons, 320 First Street, Northwest, Washington, D.C ; to the National Campaign to Abolish the Lexington Women's Control Unit, 294 Atlantic Avenue, Brooklyn, NY 11201; to the Warden, Lexington Women's Prison, P.O. Box 2000, Lexington, KY General Convention, Journal of the General Convention of...the Episcopal Church, Detroit, 1988 (New York: General Convention, 1989), p Archives Research Report, 1988-D062 Page 1 of 1

13 Resolution Number: 1985-C043 Create a Task Force on Reform of the Criminal Justice System Concurred As Substituted Resolved, the House of Deputies concurring, That the General Convention create a task force on the Church's role in the reform of our nation's criminal justice system, in order to study the problems inherent in it. General Convention, Journal of the General Convention of...the Episcopal Church, Anaheim, 1985 (New York: General Convention, 1986), p Archives Research Report, 1985-C043 Page 1 of 1

14 A011 PROPOSER Executive Council ENDORSED BY TOPIC: CRIMINAL JUSTICE Recommit to Criminal Justice Reform Study and Advocacy SPONSORED BY PAGE NUMBER(S) FOR REFERENCE Blue Book: p. N/A; Constitution & Canons: p. N/A CURRENT STATUS Awaiting Committee Action HOUSE OF INITIAL ACTION / LEGISLATIVE COMMITTEE HD / 08 - Social Justice and United States Policy REVIEW STATUS (PB&F, CONSTITUTION, CANONS) not yet reviewed; not yet reviewed; not yet reviewed RESOLUTION TEXT 1 Resolved, the House of concurring, That the 78th General Convention reaffirm and renew the Church s longstanding commitment to the evaluation and reform of the federal, state, and local criminal and juvenile justice systems in the United States, as previously called for by General Convention resolutions C043 (Create a Task Force on Reform of the Criminal Justice System), B055 (Reaffirm Criminal Justice System Reform), 2003-B026 (Establish the Joint Committee on Criminal Justice), 2006-A111 (Investigate Criminal Justice Issues), and 2012-D026 (Urge Support for Bipartisan U.S. Commission on Criminal Justice); and be it further 2 Resolved, That the 78th General Convention declare support and advocate for the expansion of funding for treatment, alternatives to incarceration, and reintegration services to people leaving prison; and call on Episcopalians to support and participate in mentoring and accompaniment programs for those leaving prison; and be it further 3 Resolved, That the 78th General Convention declare opposition to mass incarceration, which perpetuates a cycle of systemic poverty in the United States through its impact on defendants, inmates, parolees, and their families; and be it further 4 Resolved, That the 78th General Convention reaffirm and renew the call of The Episcopal Church for a moratorium on the use of for-profit private prisons, including immigration detention centers, which often set occupancy or bed quotas, capitalizing on the criminal, civil, and immigration incarceration of individuals; are a leading factor in the New Jim Crow, the disproportionate mass incarceration of youth and men and women who are black and brown; and feed the School to Prison Pipeline, which depends on the use of school policing and mandatory sentencing for non-violent crimes; and be it further 5 Resolved, That the 78th General Convention reaffirm and renew support for the repeal of mandatory-minimum sentences for nonviolent offenses; and be it further 6 Resolved, That the 78th General Convention call for the abolition of the sentencing disparity between crack-cocaine and powder-cocaine offenses; and, as an intermediate step, urge the U.S. Congress, in accordance with the Printed: Monday, May 04, 2015 at 09:51 AM. Page 1 of 3

15 recommendation of the U.S. Sentencing Commission, to make retroactive the 2010 Fair Sentencing Act, which reduces the disparity in sentencing from previous levels; and be it further 7 Resolved, That the 78th General Convention urge states with monetary bail bond systems to reform those systems, which rely upon often-unlicensed and unregulated bail bond agents and on conditioning release from pre-trial incarceration solely on the ability to pay, discriminating against defendants who are poor; and be it further 8 Resolved, That the 78th General Convention, acknowledging the importance of employment for reintegration into society by formerly incarcerated persons, urge policymakers to pursue legal reforms to enhance the employability of people leaving prisons; and be it further 9 Resolved, That the 78th General Convention condemn offender-funded law enforcement practices, such as requiring newly released inmates to pay for their own court-required drug testing when they often are unemployed or underemployed, and urge policymakers to create equitable post-sentencing parole systems that remove undue financial burden on the parolee as a condition for maintaining parole; and be it further 10 Resolved, That the 78th General Convention condemn the practice by many states of felon disenfranchisement, which removes the right of formerly incarcerated (or "returning citizens") to regain the right to vote once they complete their sentence and leave prison; and be it further 11 Resolved, That the 78th General Convention call for exploration and creation of restorative justice programs to transform juvenile justice systems; and be it further 12 Resolved, That the 78th General Convention direct the Executive Council to convene a Criminal Justice Reform Coordinating Committee, comprised of church members, ecumenical partners, and outside experts, for the purpose of developing educational information, advocacy tools, and church policy to assist the dioceses and church members in their ministry to prisoners, people returning home from prisons, and their families; and in their advocacy for comprehensive criminal justice reform at all levels of government; and to direct the Coordinating Committee to report to the 79th General Convention; and be it further 13 Resolved, That the 78th General Convention request the Joint Standing Committee on Program, Budget and Finance to consider a budget to support the work of such Criminal Justice Reform Coordinating Committee. EXPLANATION This resolution calls the Church to renew its commitment to Criminal Justice Reform and to form a Criminal Justice Reform Coordinating Committee, organized by and reporting to the Executive Council, to develop an educational toolkit and advocacy measures for church members and church policy. Comprehensive criminal justice reform is a complex subject with many components at the federal, state, and local levels of government that intersect with the ministry and advocacy of The Episcopal Church in its focus on the Marks of Mission, especially Marks 3 and 4 (To respond to human need by loving service; and To seek to transform unjust structures of society, to challenge violence of every kind, and to pursue peace and reconciliation). The General Convention has long committed the Church to work on criminal justice reform, Printed: Monday, May 04, 2015 at 09:51 AM. Page 2 of 3

16 and it is timely to do this work in concert with our partners. Many of the reforms specified in this resolution have been addressed in prior General Convention and Executive Council resolutions. A few of the items bear more explication below. Legal scholar Michelle Alexander s book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness, published in 2010, presents the disturbing realities of mass incarceration in the United States and its damaging effects on both the families of the incarcerated and on society as a whole. The United States currently has approximately 2.3 million individuals in prison, up from fewer than 350,000 in 1972, more than half of whom are in jail for non-violent crimes. Proportionately, the United States has the most jailed individuals in the world. With less than 5 percent of the global population, the United States holds almost 25 percent of the world s prisoners. [Religion & Politics article, "The New Jim Crow: Churches Respond to Mass Incarceration," by Alfredo Garcia, August 13, 2013] Congress passed the Fair Sentencing Act (FSA) in 2010, reducing the sentencing inequality for crack, used mostly by poor defendents, and for powder cocaine, used mostly by affluent defendents, from 100:1 to 18:1. Because the majority arrested for crack offenses are African American, the 100:1 ratio resulted in vast racial inequality in sentences for comparable offenses. The FSA represents a decade-long, bipartisan effort to reduce the racial disparities caused by crack cocaine sentencing laws. In 2011, the U.S. Sentencing Commission voted to apply the new sentencing guidelines to individuals sentenced before the law s enactment, and the U.S. Supreme Court will decide whether or not to accept the retroactive application, which could mean that more than 12,000 people, 85 percent of them African-Americans, have their sentences for crack cocaine offenses possibly reduced by a federal judge. The New Jersey State Commission on Investigation in a May 2014 report found that many bail bond agencies are operated without licenses by individuals with extensive criminal records. Because vast sums of money are involved, the Commission also discovered frequent cases of illegal and unethical practices leading to the release of dangerous individuals for fractions of their court-mandated bail amounts, unbeknownst to the courts. The imposition of bail also discriminates against those who are poor and without resources, such as equity in real estate, with which to post bail leaving the poor, largely defendants of color to languish in pre-trial incarceration disproportionately. Parolees frequently encounter barriers to finding employment and housing upon release from incarceration and are often required by court order to obtain drug testing at specified facilities for which they must pay out of their own funds. Many parole revocations that land formerly incarcerated persons back in incarceration are due to their inability to meet the financial terms of their parole, such as paying for drug testing, when they have also been unable to find employment. Some recidivism is due to being poor, rather than to repeating the offenses that caused the parolee s original incarceration. Two sociology professors Christopher Uggen of the University of Minnesota and Jeff Manza of New York University published the book, Locked Out: Felon Disenfranchisement and American Democracy in 2006, in which the authors found that approximately 1 of 40 voting-age Americans can t vote due to a felony conviction. The numbers in states vary, because each state has different voting prohibition rules. For example, their most recent updated figures, as of December 2010, show 5.85 million disenfranchised nationally. Printed: Monday, May 04, 2015 at 09:51 AM. Page 3 of 3