Announcement for 09/20/05
New Jersey Institute of Social Justice Convenes Symposium on Legal Barriers to Reentry
The New Jersey Institute of Social Justice (NJISJ) and Seton Hall Law School convened a symposium for legislators, state officials, advocates, and others interested in addressing legal barriers to reentry in New Jersey. The March 17, 2005 event entitled "The Civil Consequences of Criminal Convictions: Issues for Policy and Practice in New Jersey" featured state and national experts, including New Jersey state legislators and judges.
"States are realizing how costly it is to put someone in prison and have them get out-only to have them return," said New Jersey State Senator Robert Martin. "Something has to be done and states are looking for help." The symposium focused on addressing the issue of "collateral sanctions," civil restrictions-such as the revocation of a driver's license-placed on individuals upon reentry. Nancy Fishman and Ann Cammett of NJISJ opened the symposium with a presentation of some of the potential collateral sanctions faced by re-entering individuals in New Jersey, including barriers to employment, public and private housing, education, parental rights, voting, and jury service.
Following this overview, a panel of experts presented national perspectives on collateral sanctions and reentry. One panelist, Robert Johnson, District Attorney for Anoka County, MN and a member of the American Bar Association (ABA) committee that developed guidelines for collateral sanctions, described the general principles that should guide the imposition of more responsible collateral sanctions. One key point was that judges and prosecutors should have as much discretion as possible to make sure that such sanctions are appropriate to each case in which they are applied.
After the presentation of national perspectives, New Jersey policymakers were asked to respond. "More legislators should attend these kinds of meetings," said Assemblyman Wilfredo Caraballo, pointing out that legislators need support because reentry and other criminal justice issues present a "difficult context for legislators," who are often under pressure to appear "tough on crime." Former New Jersey Attorney General Robert Del Tufo addressed this difficulty, noting that current legal barriers to reentry "almost ensure upon release that people will have to commit another crime to survive.–¦Public safety is in jeopardy if an increasing number of releasees are forced to commit new crimes."
Retired New Jersey Superior Court Judge Barnett Hoffman, chairman of the New Jersey Commission to Review Criminal Sentencing, agreed with many of the ABA guidelines, and said that his Commission "hopes to develop the capacity to provide the legislature with important information and make sound recommendations," in order to alleviate some political pressure. He also drew attention to New Jersey Assembly Bill A878 as an example of movement towards greater discretion in applying collateral sanctions. The bill authorizes courts to refrain from imposing driver's license suspension on defendants convicted of drug offenses if "compelling circumstances" exist. The New Jersey State Legislature created the New Jersey Commission to Review Criminal Sentencing in January 2004 to address the issues of collateral sanctions and reentry, among others.
Other presenters at the symposium included Elizabeth Nevins of the Council of State Governments, Deborah Mukamal of the John Jay College of Criminal Justice, New Jersey Public Defender Yvonne Segars, Essex County Superior Court Judge Paul Vickness, Morris County, NJ Prosecutor Michael Rubbinacio, and Richard Lehrich of the New Jersey State Bar Association. Ken Zimmerman, Executive Director of NJISJ, moderated the symposium. The morning symposium was followed by a training session for advocates and service providers.