Morgenthau "rests his case."

Today Robert Morgenthau, Manhattan's District Attorney for the last 35 years, steps out of office, finally "rest[ing] his case." In a CNN article today, former Assistant District Attorney, Beth Karas, chronicles Morgenthau's accomplishments and missteps. What does his departute mean for reentry in Manhattan? Check out Cy Vance's Plan to Reduce Recidivism for former offenders and his interview with the Daily News prior to his election.

"The first time I ever even see the judge smile"

After 35 years of incarceration, DNA proved Mr. Bain innocent of the kidnap and rape he was falsely accused and convicted of. In this bittersweet piece broadcast today by NPR's Tell Me More, Mr. Bain describes his first moments of freedom and what he wants most after three and a half decades of incarceration --a high school diploma.

Artistry in Service of a Gun-Free Brooklyn

Our sister project, the Crown Heights Community Mediation Center, has just posted pictures of a stunning mural that promotes peace in Central Brooklyn. An area ravaged by the gun trade and its resulting violence, Crown Heights has recently been selected for federal funding to initiate a "Ceasefire" program targeting violent offenders, building community collaboration, and bringing guns off the streets. This mural is a powerful representation not only of a deep-seated will to see the violence end, but also the variety of great talents (artistic and otherwise) that this community will marshall to address gun violence.

As their website indicates, the mural is painted on the side of a school across from the Brooklyn Children's Museum, and was and painted by sixteen youth artists and two adult painters over the summer. This piece of public art is a product of collaboration between the Mediation Center, the American Friends Service Committee, New Yorkers Against Gun Violence, Groundswell Community Mural Project, Assemblyman Karim Camara, and the Damon S. Allen Foundation.

Here are some photos of the details, as they are intricate, lovely, and thought-provoking. See all the pictures here.

How the Economic Downturn Creates an Uptick in Court Caseloads

The economy is not just hitting our private sector entities and state budgets -- it has also found its way to the courtroom, according to an interesting article in today's New York Times.

Mirroring national trends, our state courts are seen total caseload increase by 63,000 cases this year, including "hundreds of thousands of new cases across the judicial system, [with] people challenging their real estate taxes, home foreclosures, contract disputes and family offenses."

Read the article for more details and some interesting national comparisons to other states.

Megan's Law 2.0

A new Nebraskan law designed to bring Nebraska’s Sexual Offender Registry Act (Megan’s Law) into the Age of the Internet creates new barriers for former sexual offenders seeking to find and maintain jobs. While Nebraska, like all states in the U.S., has some type of Megan's law that restricts former sex offenders' ability to find employment (such as residency restrictions and community notification requirements), this new Nebraskan legislation makes finding and maintaining a job even more difficult. Among other measures, such as requiring parolees to register all of his/her internet identifiers, Legislative Bill 285

“authorizes the sheriff to conduct a search of any computer or electronic device used by the parolee without notification,

mandates the registrant to notify the sheriff within one day of any changes in or additions to a person’s list of email addresses and day of any content he posts or pictures he uploads,"


and

"forbids any person required to register to use any social networking site, instant or chat room service (including text messaging) that may be used by any individual under eighteen.”

Three ways the law will impact a former offenders job prospects

While the Nebraskan law aims to prevent individuals convicted of sex offenses from using the internet to find victims, its unintended consequences may actually increase recidivism. Researchers agree that employment is a key factor in a former offender’s ability to lead a life free of criminal behavior. Here are three ways the legislation will have an impact on a parolee's employment opportunities:

- Today, everyone’s job search begins on the internet through sites that will now be prohibited to ex-offenders. The prohibition on accessing “social networking sites” includes many job search engines that offer the ability to create a profile and post resumes. (i.e. Idealist.org or Linked In). The law contains no exception for job-related activities, which is the equivalent of taking the Classified section from a parolee released in the 1960's.

-The Sheriff will be authorized to search a former offender's work computer or any electronic device he uses on the job. Such a restriction will serve as an additional deterrent to those already scarce employers willing to hire individuals with criminal records.

-A former offender is unlikely to be able to accept a position that requires him to post content on the internet, communicate via email or chat, or upload photos without violating the one day notification period mandated by the new law. The consequences for violating the one day period is a misdemeanor for the first offense and a felony for the second.

New York law, the internet, and former sex offenders

Last year, New York passed E-Stop, the Electronic Securing and Targeting of Online Predators Act, which makes an effort to address community safety while remaining mindful of the crucial role of employment in recidivism.

The preamble to the law reads: “[P]ersons on parole and probation currently face many barriers to employment and education opportunities as a result of having a criminal record. Studies indicate that access to employment and education greatly reduces the risk of recidivism by ex-offenders . Therefore any measure that restricts an offender’s use of the internet must be tailored to specifically target the types of offenses committed on the internet while not making it impossible for such offenders to successfully reintegrate back into society.”

Additionally, E-Stop

“requires that sex offenders register all of their Internet accounts and Internet identifiers with the State Division of Criminal Justice Services,

authorizes the Division of Criminal Justice Services to release state sex offender Internet identifiers to social networking sites and certain other online services, which may be used to pre-screen or remove sex offenders from using the site’s services and notify law enforcement authorities and other government officials of potential violations of law and threats to public safety,"

and,

"requires, as a condition of probation or parole, mandatory restrictions on a sex offender’s access to the Internet where the offender’s victim was a minor, the Internet was used to commit the offense, or the offender was designated a level 3 (highest level offender.)”

The law also explicitly states that the court “shall not prohibit such sentenced offender from using the internet in connection with education, lawful employment, or search for lawful employment.”

As of last year, 25,000 former sex offenders were subject to E-stop.

Reform Across the Hudson

There's a great op-ed in today's New York Times in support of a set of proposed reforms in New Jersey that would help reentrants more smoothly transition to their neighborhoods while reducing both recidivism and prison costs.

From the article, here's what the reforms would accomplish:

"An ex-offender could not be disqualified for employment unless the offense was directly related to the job. Job seekers would no longer be required to disclose convictions on applications for state, county or municipal jobs. The offenses could still be uncovered in background checks, but they would no longer automatically rule out an applicant from the start.

The bill would lift the state ban on food stamps and welfare benefits for people with felony drug convictions and would expand education and training opportunities for inmates. And it would end an odious practice under which the prison system earns a profit by overcharging poor families for the collect calls they receive from relatives inside a system. The added cost sometimes forces families to choose between putting food on the table or letting a child speak to an incarcerated parent."

Second Chance Act Grant Solicitation Released

The U.S. Department of Justice's Bureau of Justice Assistance (BJA) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) released the solicitation for Second Chance Act grant applications to state and local governments for adult and juvenile reentry demonstration projects (Section 101).

Funding under this section is available to help state and local agencies implement programs and strategies to reduce recidivism and ensure the safe and successful reentry of adults and juveniles released from prisons and jails back to the community.

To download the solicitation or find out more about the grant program, click here.

The deadline for applications is 8:00 p.m. ET on March 4, 2010.

Glenn Martin on Fox News This Morning

Glenn Martin will be on Fox News' The Strategy Room's Crime Hour today (12/21/09) at 11:40 AM. Glenn will be discussing the Fortune Society's effort to fight employment discrimination for job-seekers with a criminal conviction history. Through December, the Fortune Society, a Task Force member agency, placed a billboard in Time Square to highlight the challenges facing job-seekers with a criminal conviction. The billboard is in place through New Years, over 25 million people are expected to see it. To view the show online visit: www.foxnews.com/strategyroom.

Finding a Job: An Interesting Approach

A story in today's New York Times describes Michael Johnson's tactic for finding a job after having spent time in prison.

Although not required, he clips a note to any job application he submits, saying, "'I have been convicted of a nontheft, nonviolent felony over 11 years ago,' it reads. 'I take full responsibility for my actions and have succeeded in turning my life around. I understand the stigma that is attached with a felony and will make it my mission to prove that I am trustworthy, dependable and hard-working.'"

There's also an unexpected -- and charming -- romantic aspect to Mr. Johnson's story.

State Reentry Leaders Gather

"We want to return to a balanced approach," Andrea Evans, Chairperson of the New York State Division of Parole, told an audience of reentry leaders gathered in Saratoga Springs, NY. She was joined by the state's other criminal justice and treatment commissioners: Brain Fischer, Commissioner of the State Division of Correctional Services, Karen Carpenter- Commissioner of the Office of Alcohol and Substance Abuse Services, and Deputy Secretary Denise O'Donnell. The conference was sponsored by the NYS Division of Criminal Justice Services and U.S Bureau of Justice Assistance.

Commissioner Palumbo proclaimed that Rockefeller drug law reform should be renamed "Patterson drug law reform", after Governor David Patterson who signed into law the most sweeping reforms of New York State's drug laws in April.

New York State is in the midst of a ten-year justice reform effort following the National Institute of Corrections' Transition from Prison to Community (TPC) model. The reforms include: the development of local County Reentry Task Force programs, adoption of an actuarial risk and needs assessment tool, cognitive behavioral interventions, and enhanced in-prison substance abuse and mental health.

The rising cost of incarceration is helping to spur the need for reform. In New York, according to Commissioner Palumbo, it cost $40,000 per year on average to house a state inmate, compared to $30,000 for inpatient drug treatment, and $10,000 for outpatient drug treatment.

While the effort to reform the state's criminal justice system is truly historic, much remains to be done. Many, including some in the audience, point to some key challenges. Next year's gubernatorial election will undoubtedly slow progress. Also, long time parole and corrections officers may resist efforts that, while "evidence-based," entail some fundamental changes in the way they work. The state's worsening budget could also stall efforts.