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November 21, 2019

Senators Cornyn and Whitehouse introduce RE-ENTER Act to enable federal judges to issue "Certificate of Rehabilitation" to former offenders

As detailed in this press release, "U.S. Senators Sheldon Whitehouse (D-RI) and John Cornyn (R-TX) today introduced the Recognizing Education, Employment, New Skills, and Treatment to Enable Reintegration (RE-ENTER) Act, which would allow federal judges to issue a Certificate of Rehabilitation to acknowledge an eligible offender who has successfully reintegrated into society." Here is more about this interesting legislative news via the release:

These certificates can help formerly incarcerated individuals find jobs and housing and help prospective employers or landlords determine whether an applicant has been rehabilitated. "Reformed offenders who have served their time have the best chance of staying out of trouble and becoming productive members of society if they can secure a foothold in a job and find housing," said Sen. Whitehouse. "Our bill would follow the successful example set by states that vet people with criminal records to determine whether they have earned a Certificate of Rehabilitation."

“Most incarcerated individuals will be released at some point, and we need to encourage them and give them every tool necessary to be productive members of society,” said Sen. Cornyn. “The housing benefits and job opportunities that these certificates can help make available to former inmates will help us ensure that those who get out of prison will stay out of prison.”

Background:

In at least 16 states and the District of Columbia, state court judges have the power to issue certificates of rehabilitation to address the impact of state convictions. These certificates signal that a recipient has successfully reintegrated into society and no longer poses a significant risk of reoffending. Just like with the First Step Act, Congress can learn from states’ success.

Additionally, this legislation would:

  • Allow eligible offenders to petition the appropriate district court for a certificate;
  • Direct courts to consider various factors to determine whether a certificate is appropriate, including the crime of conviction, activities and education, efforts at employment and restitution, and other current conditions;
  • Permit federal prosecutors to weigh in with the district court and allows courts to appoint federal public defenders to assist the petitioner;
  • Require federal agencies and courts to consider the certificate when making housing, benefits, and eligibility determinations for other programs;
  • And express the sense of Congress that a certificate should help former inmates with licensing, housing, and employment determinations, protect employers who hire recipients of certificates, and contribute to pardon and clemency efforts.
In addition to Senators Cornyn and Whitehouse, the bill is cosponsored by Senators Mike Lee (R-UT), Patrick Leahy (D-VT), Chuck Grassley (R-IA), Dick Durbin (D-IL), Thom Tillis (R-NC), Chris Coons (D-DE), Rob Portman (R-OH), Richard Blumenthal (D-CT), Mike Crapo (R-ID), and Joni Ernst (R-IA).
The bill is endorsed by Prison Fellowship, the National District Attorneys’ Association, #Cut50, Americans for Prosperity, Law Enforcement Leaders to Reduce Crime & Incarceration, and the Justice Action Network.

Here is the full legislation and a one-pager for downloading:

November 21, 2019 at 03:38 PM | Permalink

Comments

I really hope this passes. The media always shows people getting out of prison and doing something to go right back. I wish there was more coverage of people who have made changes in their lives and are doing great adjusting to life in society.

Posted by: Jofre Miller | Nov 23, 2019 4:32:46 PM

An interesting idea. My biggest concern would be that the certificate not depend too heavily on which judge happens to be in charge. If conservative judges grant half as many certs as liberal ones, one might wish for an even lower ratio, but it's probably about the best one can hope for. But if the ratio is 4 to 1 or more, that's a problem.

Posted by: William C Jockusch | Nov 30, 2019 1:44:19 PM

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