Our criminal justice system is intended to ensure an appropriate penalty associate with crime. We refer to this as paying one’s debt to society. However, under some of Idaho’s current laws, the payment never seems to stop.
Courts assign formal penalties including prison time, probation and fines, but these can often be the least of a former offender’s difficulties.
The bigger problem is collateral consequences, which follow individuals far beyond the end of any time served.
It isn’t hard to link these collateral consequences with the high rate of return to the correctional system.
People affected by collateral consequences are friends or family members of those who committed relatively minor offenses. Unfortunately, these records follow them forever and can severely affect their ability to find housing or a job.
Their criminal record will follow them to every job and housing application. It can be the first and last question companies ask before turning them away.
The resulting higher rates of unemployment, underemployment and homelessness for these individuals increases the risk they will reoffend. Without money or a roof over their head, it’s no surprise Idaho’s recidivism rate is 35% for felony offenders.
In Idaho, if you are over 18 at the time of the offense, everything stays on your record however, most states don’t operate this way. In fact, 41 states and the District of Columbia offer some mechanism for record-sealing for adults.
The most comprehensive study showed for those with relatively minor offenses, that are 22% more likely to be employed. If previously employed, their wages are 25% higher after sealing. Most importantly, this was accomplished with no threat to public safety.
The recidivism rates for these former offenders are extremely low
and arrest rates with sealed records are 29% lower than the public at large. This study showed a 1% felony recidivism rate for those who successfully had their records sealed.
When given a chance to get their lives back on track, they did not want to blow their opportunity by reoffending. Only infractions, misdemeanors andnonviolent felonies below a defined threshold would be sealed. This means law enforcement and judges would still have access to ensure repeat offenders are accounted for.
It’s time for Idaho to seriously start addressing reform of our criminal justice system.
Many of these folks deserve a second chance, but we continue to hand out collateral life sentences.
We are proposing legislation referred to as “Clean Slate” bill. This bill would allow those who have committed non- violent, non-sexual offenses to petition to have their public record sealed. Former offenders whould have to have completed their sentence and have at least three years without reoffending to petition a court to have their public record sealed.
If they can make a case they are no longer a threat to society, they can earn a real shot to get their lives back on track.
We need those with criminal records to succeed, not reoffend.
Taxpayers are footing the bill every time a person is reincarcerated, it’s better for all of us when more of our citizens are employed.
Let’s work to remove barriers to employment and empower them to learn from their mistakes instead of setting former offenders for a life of frustration and desperation.