Legislators back reform of felon rules
BY DEBBIE CENZIPER AND JASON GROTTO, Miami Herald
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A group of Florida lawmakers, including the new Senate president and House speaker, say they will back legislation requiring county jails to assist felons with the restoration of their civil rights once they have served their time.
If the changes become law, they would close a little-known loophole that has cost an estimated 50,000 felons the chance to regain their civil rights in recent years -- including the right to vote, serve on a jury or hold public office.
The push comes after a Herald investigation into Florida's troubled system for restoring rights to felons.
Among the newspaper's findings: The law requires the Department of Corrections to assist felons released from state prison or supervision with the restoration of their rights. Their names are automatically forwarded to the Florida Clemency Board for consideration.
But the law ignores felons released from dozens of local jails statewide, even though most are nonviolent offenders who should have the best shot at regaining their civil rights. The state largely relies on county officials, most often sheriffs, to run and regulate jails.
State Sen. Frederica Wilson, a Miami Democrat, is drafting legislation that would require jails to provide clemency applications and assistance to outgoing inmates, as the DOC does for state inmates. Any proposal would be considered by the full Legislature next spring.
''This bill seems to have real merit,'' said Senate President Tom Lee, a Republican. ``All prisoners, irrespective of where they are incarcerated, should be treated fairly.''
The proposal also has drawn the early support of Republican Allan Bense, speaker of the House.
''If we do it for the folks that are in the state correctional system, then we should do it for the folks that are in the county system as well so that they know what the process is to restore their civil rights,'' he said.
Florida is one of seven states where felons are permanently stripped of their civil rights unless the Clemency Board -- made up of Gov. Jeb Bush and the three members of the state Cabinet -- restores them.
Since 1987, The Herald found, less than 2 percent of all felons who had their rights restored came from jails.
Overlooked are felons like Steven Romani, of Broward County, who has a six-year-old felony conviction for drug possession. He spent four months in jail in 1999. He hasn't been arrested since.
But the 38-year-old machine operator had never heard of the Florida Clemency Board until he read about it in the newspaper. Now Romani, a Republican, wants to apply for his rights.
''I could understand them taking my rights away if I was a gun-toting, homicidal maniac,'' Romani said. ``But basically what I did was break a law and hurt only myself.''
On an average day, about 58,000 people statewide are in county jails awaiting court proceedings or serving time for misdemeanors. But more than 20 percent are serving time, usually a year or less, for felony convictions.
Most of those felons will be assigned to some kind of state supervision, such as probation, when they are done, which means they will automatically be considered by the Clemency Board. But thousands are done when their jail time is up -- and receive no help when they leave.
Rep. Chris Smith, a Democrat from Fort Lauderdale and the House minority leader, promised to find a co-sponsor for the bill. The idea also is backed by Sen. Alex Villalobos, Senate majority leader and a Miami Republican.
''The devil is in the details . . . but I absolutely support the idea that people serving a felony charge at a local level be afforded the same opportunity to have their civil rights restored as someone in state custody,'' Villalobos said.
Officials with the Florida Sheriffs Association said they are open to changes.
The Herald found at least 4,000 felons waiting to have their cases heard before the Clemency Board. But the process is so slow, it could take up to three decades to clear the cases.
While the Governor's Office has not yet submitted a budget request, Villalobos said the Senate is willing to consider more money for clemency staffing.
Sen. Rod Smith, a former state attorney and vice chair of the Senate's criminal justice committee, said he is traditionally opposed automatic restoration of civil rights for felons. Now, however, he's looking at a compromise: automatically restoring rights to nonviolent, first-time offenders, a policy used in other states.
Said Smith: ``The numbers have grown so dramatically . . . we've got to come up with a better solution.''
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