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Second chance for children in prison legislation killed
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After unanimous passage in the Florida Senate Criminal Justice Committee on March 18, 2009, the Second Chance for Children in Prison Act of 2009 was delayed being brought to the floor for a vote by all Senate members until the House of Representatives acted on the House version of the bill. The House Public Safety & Domestic Security Policy Committee passed the bill on March 10, 2009; however, the bill was blocked in the Criminal & Civil Justice Policy Council by the committee chair, Representative William Snyder. The action effectively killed the legislation for 2009. Representative Snyder serves District 82, which includes Stuart, Port Salerno, Hobe Sound, Jupiter Island and Arundel.
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“After interviewing each committee member, I believe the votes were there to pass the bill,” said Paolo Annino, clinical professor in the College of Law at Florida State University. Professor Annino is a supervising attorney in the Public Interest Law Center.
The Second Chance for Children in Prison Act of 2009 was drafted by a group of law students in the Children in Prison Project supervised by Clinical Professor Annino. The legislation provides parole options for inmates who were 15 years of age or younger when prosecuted as adults and sentenced to more than 10 years, including life sentences, if certain strict criteria are met that demonstrate their rehabilitation (See related article: ‘Second chance for children in adult prisons’). Although the legislation was blocked in committee and was not brought before the Senate or the House for a floor vote, Clinical Professor Annino promises, “We will re-file in December 2009 for the spring legislative session in 2010.”
The continued effort in Florida to allow for the opportunity of parole for youthful offenders tried, sentenced and incarcerated as adults is similar to that in many other states. In Georgia, ongoing action has been taken to eventually repeal or revise the SB-440 legislation that became law in 1994..jpg)
Opposition to the bill, as expressed by Representative Snyder and Representative Sandra “Sandy” Adams, who chairs the Criminal and Civil Justice Appropriations Committee and is from district 33, which includes areas of both Orange and Seminole Counties, is consistent with the theory of retributive justice. The theory proposes to restore equality between the offender and the offended and to reduce crime by deterrence. Punishment is considered sufficient without any further necessary action. Characteristic positions on crime and punishment include an uncompromising confidence in the infallibility of law enforcement and the adjudication of offenders and the assertion that parole should never be an option. The traditional “get tough on crime” policy of the past 15-20 years would indicate that the theory is insufficient in the face of the evidence of increasing rates of crime, incarceration and high recidivism.
The intention of allowing for parole is derived from the theory of restorative justice. Proponents disagree that punishment alone is sufficient for the objectives of crime and recidivism reduction to be realized. Restorative justice requires the acknowledgment of the offense and requires that restitution and amends be made by the offender on behalf of the offended with punishment being necessary; however, provisions for rehabilitation and restoration of the offender to community and being supported in becoming law-abiding and productive will reduce crime and incarceration costs as well as save the otherwise lost human resources. Restorative processes result in the highest rates of victim satisfaction that justice has been served, accountability by the offender, and reduced recidivism. The goal is restoration of relationships, not revenge. Even the healing of South Africa after apartheid became possible for the actions taken consistent with the theory of restorative justice.
The Public Safety Performance Project sponsored by the PEW Center on the States issued a report on December 15, 2008 intending to identify strategies that would effectively cut crime and state corrections costs. The report, “Policy Framework to Strengthen Community Corrections,” finds the implementation of “evidence-based practices,” policy, programs and procedures backed by sound research for effectiveness, can significantly reduce recidivism rates. With the active support of policy makers, probation, and parole agencies, both crime and the escalating costs of incarceration can be reduced. Also according to the PEW Center on the States press release on March 3, 2009, “1 in 31: The Long Reach of American Corrections,” the national average reported cost for managing an inmate was $79 per day, whereas the cost of managing an offender in the community, as reported by probation and parole agencies, was $3.90 per day.
Law students involved in the Children in Prison Project who participated in drafting the Second Chance for Children in Prison Act include Chelsea Boehme, Maria Castagliuolo, Jami Coleman, Donna Duncan, Marquita Green, Theresa Prichard, and Michelle Siegal.
Photo: Courtesy Clinical Professor Paolo Annino; Florida State University, College of Law, Public Interest Law Center
Photo: William D. Snyder, Florida State Representative; Public Domain; Source: http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4376&SessionId=61
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