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RESTORATION OF CIVIL RIGHTS TRAIN THE TRAINERS

RESTORATION OF CIVIL RIGHTS TRAIN THE TRAINERS. PRESENTER :. RACIAL JUSTICE PROJECT 4500 BISCAYNE BLVD. SUITE 340, MIAMI FL 33137. VOTING RIGHTS PROJECT RESTORATION OF CIVIL RIGHTS TRAINING. OUTLINE OVERVIEW OF FELON DISENFRANCHISMENT HISTORY FELON DISENFRANCHISMENT IN FLORIDA

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RESTORATION OF CIVIL RIGHTS TRAIN THE TRAINERS

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  1. RESTORATION OF CIVIL RIGHTSTRAIN THE TRAINERS PRESENTER: RACIAL JUSTICE PROJECT 4500 BISCAYNE BLVD. SUITE 340, MIAMI FL 33137

  2. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • OUTLINE • OVERVIEW OF FELON DISENFRANCHISMENT HISTORY • FELON DISENFRANCHISMENT IN FLORIDA • FLORIDA EXECUTIVE CLEMENCY PROCESS • FLORIDA CLEMENCY RULES • FLORIDA RIGHTS RESTORATION COALITION • THE RCR APPLICATION PROCESS • INTAKE AND RCR ASSISTANCE • ORGANIZING A WORKSHOP • AT THE WORKSHOP 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  3. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • Europe • In Athens and other Greek city-states, the status of atmia [loss of civil rights] was imposed upon criminal offenders (Harvard Note 1989) • English law developed the related punishment which resulted in forfeiture of all property, inability to inherit or devise property, and loss of all civil rights. These principles were transplanted to the British colonies which later became Canada and the United States (Bodie 1991) • United States • “By making the franchise in national elections dependent on state suffrage laws, the authors of the Constitution compromised their substantive disagreements to solve a potentially explosive political problem. [...] “citizenship in the new nation -- controlled by the federal government -- was divorced from the right to vote.(Kayssar 2000) • When the Fourteenth Amendment was ratified (1868), it opened the door for Jim Crow legislatures to deny blacks the right to vote through disfranchisement laws. These laws were narrower in scope than literacy and poll taxes and were easier to justify provided Southern states “insurance if courts struck down more blatantly unconstitutional clauses’. ( (Shapiro, 1993; Schall 2006) Felon Disfranchisement History 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  4. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • Felon Disfranchisement in Florida • Constitution of the State of Florida • As revised in 1968 ARTICLE IV, SECTION 8A.  Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the secretary of state, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses. ARTICLE VI, SECTION 4.  Disqualifications.-- (a)  No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  5. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Florida’s Executive Clemency Process Rules of Executive Clemency • Rules are discretionary • Board of Executive Clemency (Governor & Cabinet) • Example: Rule 9 of 1975 Rules of Executive Clemency • When a person receives final release from the Florida Parole and Probation Commission, Department of offender Rehabilitation or county jail, his civil rights shall be automatically reinstated, except the right to possess or own a firearm shall be specifically withheld. 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  6. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Florida Rights Restoration Coalition • A broad, non-partisan coalition organized in March 2003 • Over 60 local, state and national member organizations • Dedicated to achieving permanent constitutional reform to end the disenfranchisement of close to one million Floridians 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  7. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Florida Clemency Rules • New rules April 5, 2007 • Process involving levels • Conditions to meet • Etc. 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  8. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • STEPS IN THE RCR APPLICATION PROCESS • Intake and RCR Assistance • Confidential Intake Form • Preliminary procedures • “Red Flag” Applications • RCR Paperwork • The RCR Application Process 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  9. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Organizations with Access to the Online Database • The RCR Application Process • Search for Applicants name & date of birth during intake • If Applicant does not appear, proceed with intake process • If Applicant appears, print certificate • Make sure there are no other felony convictions since the date of the RCR grant. Online Database: https://fpcweb.fpc.state.fl.us/ 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  10. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • If a large group of applicants is expected • Host should set up a separate intake process • Intake volunteers should greet Applicants and ask them to complete the Intake Form, before seeing a RCR volunteer • Inform the Applicant that completing the Intake Form is optional • If the person declines completing Intake Form, assistance is still provided • Intake/RCR Volunteers can assist Applicant in completing Intake Form • Intake Form is given to RCR Volunteer • Intake and RCR Assistance 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  11. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • RCR Volunteer • Introduce him/herself to the Applicant • Inform the Applicant that he/she is not an attorney & cannot offer legal advice • Advise the Applicant that all information discussed is confidential • Explain to Applicant that he/she will ask a few questions to determine if the Applicant is eligible for RCR • Intake and RCR Assistance 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  12. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • Preliminary Inquiries for Assisting with RCR Applications • US Citizen • Has a felony conviction • No longer under supervision, probation or parole • Does not owe court-ordered restitution • Has no outstanding detainers/criminal charges • Was a Florida resident upon conviction & served all time, including probation/parole, in Florida & remained a Florida resident upon release from supervision. • Currently a Florida Resident • Intake and RCR Assistance 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  13. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • Intake and RCR Assistance • “RED FLAG” Applications • (contact workshop leader): • Voting since felony conviction • Adjudication Withheld • Still under supervision (probation or parole) • Owes court order restitution • Non-citizen • Out of state conviction • Location? • Residency at the time of conviction? • Where was time served? • Residency at the time of release from supervision? 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  14. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • RCR Paperwork • Data Worksheet • Assist Applicant • Do not complete for Applicant • Check appropriate box • Complete all sections • Provide comprehensive list of crimes, if possible & indicate out of state convictions, if possible • Authorized Representative • Sign & Date • Intake and RCR Assistance 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  15. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • RCR Paperwork • Level 2 & Level 3 • Letters of recommendation • Provide “Restoration of Civil Rights Self-Preparation Guide” • Review portfolio & hearing requirements. • Level 2 offense may not require a hearing • Intake and RCR Assistance 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  16. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • Remember: • Ask the Applicant if he/she would like the Host Organization to submit the Data Worksheet to the OEC • If Applicant declines, remind him/her to mail the original and retain a copy in a safe place. • If possible, make 2 copies of Data Worksheet: • Return a copy to Applicant • Keep a copy for Host Organization files • Send Original to OEC • Intake and RCR Assistance 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  17. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • RCR Paperwork • The Applicant leaves with • “After the Application” • Florida Clemency Rules Summary • Level 2 & 3 Only: “Restoration of Civil Rights Self –Preparation Guide” • Intake and RCR Assistance • Remember to Congratulate the Applicant! 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  18. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING • Hosting a Rights Restoration Workshop – Things to Remember: • Community Event • Assistance is Individualized • Volunteers do not give legal advice • Volunteer training 1 hour before • Can have speakers • No longer than 4 hours Organizing the Workshop 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  19. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Organizing the Workshop Interested people/groups/activists Non-partisan Planning Committee meetings Designate Workshop Leader Type of Workshop Rights Restoration Job Fairs Seal & Expunge Events, etc Set a Date Find a Venue Recruit Volunteers Publicize Your Workshop Flyers, 3-4 weeks before Press Advisory Immediately contact papers Radio PSA’s Interviews 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  20. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Organizing the Workshop • Duties of Workshop Leader • Confirm attendance of volunteers • Train volunteers • Collect signed Volunteer Confidentiality Agreements • Help RCR volunteers • Collect Applicant documents • Send the ACLU of Florida Confidential Intake Forms, Data Worksheets, & Volunteer Sign-In Sheets • Available during workshop for questions 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  21. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING At the Workshop • Arrive Early • Set up & train volunteers • Post signs • Check-in table • RCR volunteer table • RCR Volunteer Sign In • Refreshments 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  22. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING After the Workshop • Handling Original Documents (Strictly Follow) • Sending Documents to ACLU • Sending Documents to OEC • Submission of Data Worksheets • Copy every document • Keep Intake Form 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

  23. VOTING RIGHTS PROJECTRESTORATION OF CIVIL RIGHTS TRAINING Conclusion Thank You.Questions, Comments? www. RestoreRights.org 877-U-COUNT-2/ www.aclufl.org /vrp@aclufl.org

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