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Cummings, Nadler, Bass, and Booker Reintroduce the Record Expungement Designed to Enhance Employment Act

LOS ANGELES SENTINEL — Representatives Elijah E. Cummings (D-MD), Chairman of the Committee on Oversight and Reform; Jerrold Nadler (D-NY), Chairman of the House Committee on the Judiciary; and Karen Bass (D-CA), Chairwoman of the Subcommittee on Crime, Terrorism and Homeland Security; reintroduced the Record Expungement Designed to Enhance Employment (REDEEM) Act on the last day of Second Chance Month. U.S. Senator Cory Booker (D-NJ) plans to reintroduce the bill in the Senate in the coming weeks.

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By Sentinel News Service

Washington, D.C. (April 30, 2019) – Today, Representatives Elijah E. Cummings (D-MD), Chairman of the Committee on Oversight and Reform; Jerrold Nadler (D-NY), Chairman of the House Committee on the Judiciary; and Karen Bass (D-CA), Chairwoman of the Subcommittee on Crime, Terrorism and Homeland Security; reintroduced the Record Expungement Designed to Enhance Employment (REDEEM) Act on the last day of Second Chance Month. U.S. Senator Cory Booker (D-NJ) plans to reintroduce the bill in the Senate in the coming weeks. The bicameral legislation would ease the barriers to re-entry for formerly incarcerated individuals by expunging or sealing offenses that are committed by a child and providing a way for adults to seal non-violent criminal records.

Providing formerly incarcerated individuals with the tools to effectively reintegrate into society is essential in preventing recidivism. One in three American adults currently has a criminal record. Unfortunately, over two-thirds of formerly-incarcerated people are rearrested within three years. Removing collateral consequences, including barriers to employment, education, and benefits, is one way to address this troubling trend.

“Tragically, in today’s world, a criminal record has become a life sentence carrying with it the possibility —and all too often, the reality— of it negatively affecting one’s employment, housing, access to credit, child support, and so many other issues. We know that sentences issued by our criminal justice system disproportionately affect Americans of color,” said Chairman Cummings. “The bill we introduced today will seal and expunge offenses committed by a child, provide a path for adults to seal their non-violent criminal records to ease re-entry, and help ensure that a criminal record does not become a life sentence. Future generations are counting on us to reform our broken criminal justice system now so they can see a system and an entire country in which they can believe.”

“The REDEEM Act is designed to enhance people’s ability to become productive members of society after serving their time for nonviolent offenses,” said Chairman Nadler. “Specifically, this bill will allow courts an opportunity, through the sealing and expungement process, to restore constitutional rights of individuals with nonviolent drug offenses, which generally pose a barrier for many citizens returning to our communities. It will also preserve an avenue for juveniles to get a fresh start by sealing their record three years after the juvenile serves a term for a conviction of a non-violent offense. These are sensible provisions, which will allow some relief in our efforts to reform our criminal justice system.”

“I’m proud to support this piece of legislation to ensure that after a prison sentence is served, our criminal justice system doesn’t tack on a life-sentence’s worth of obstacles affecting access to housing, employment, and other tools necessary to effectively reintegrate into society,” said Chairwoman Bass. “Successful criminal justice reform must pay close attention to this phase of incarceration in order to reduce recidivism rates in this country. As we continue our fight to reform this broken system, I encourage my colleagues to keep a close eye on how women are disproportionately affected by this system at every turn – from how they initially get entwined, to how they are treated in prison, to what happens when they are released. I look forward to continuing to work on this important issue.”

“The reality of mass incarceration has countless consequences, but when someone has paid their debt to society and returns to their community with hopes of a second chance, they shouldn’t continue to be shackled by our broken criminal justice system,” Senator Booker said. “Our bill will lessen the barriers of re-entry into society for those who have been convicted of nonviolent crimes and help thousands of young people adjust to life outside of prison. The REDEEM Act enacts common sense reforms that will strengthen our communities by helping formerly incarcerated individuals get back on their feet and reducing the rates of recidivism.”

Specifically, the REDEEM Act:

  • Incentivizes states to increase the age of criminal responsibility to 18 years old: Currently, several states have set the original jurisdiction age of adult criminal courts below 18 years old. This sends countless kids into the unforgiving adult criminal justice system. The REDEEM Act incentivizes states to change that by offering preference to Community Oriented Policing Services (COPS) grant applicants to those that have set 18 or older as the age of original jurisdiction for adult criminal courts.
  • Allows for sealing and expungement of juvenile records: The bill would provide for the automatic expungement of records for juveniles who committed non-violent crimes before they turned 15 years old and the automatic sealing of records for juveniles who committed non-violent crimes.
  • Restricts use of juvenile solitary confinement: The bill would end the cruel and counterproductive practice of solitary confinement except in the most extreme circumstances in which it is necessary to protect a juvenile detainee or those around them. When confinement is necessary, the bill places strict time and condition limitations.
  • Offers adults a way to seal non-violent criminal records: The bill provides the first broad-based federal path to the sealing of criminal records for adults. The bill would provide for the automatic sealing of records of non-violent drug offenses. In addition, those who commit other non-violent offenses will be able to petition a court and make their case for the sealing of records. Furthermore, employers requesting FBI background checks will only receive relevant and accurate information – thereby protecting job applicants – because of bill provisions to improve the background check system.
  • Lifts ban on SNAP and TANF benefits for low-level drug offenders: The bill restores access to benefits for those who have served their time for use, possession, and distribution crimes.

The REDEEM Act has been endorsed by the Center for Law and Social Policy, the National Employment Law Project, JustLeadershipUSA, Campaign for Youth Justice, The Sentencing Project, the Leadership Conference on Civil and Human Rights, National Crittenton, and the Interfaith Action for Human Rights.

Click here to read a section by section of the bill.

This article originally appeared in the Los Angeles Sentinel

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Bay Area

Justice for Henry Texada

Henry Texada was known as a leader, a role model, godfather, and a friend to all. He enjoyed mentoring younger members of his family and participants at the Boys and Girls Club. He was always giving and present in the lives of others with a kind word or suggestion. Henry used the skills gained at Youth Radio as a digital media photographer to inspire others. He wanted to learn as much as he could to be a supportive person for youth, so he enrolled at Laney College for the fall of 2020 for classes in Early Childhood Development. He was killed when several people exited a 2020 silver Nissan Armada and shot him around 2 p.m. on April 28, 2020, on 68th Avenue in East Oakland.

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Henry Texada was 23 when he was slain in 2020. Courtesy photo.
Henry Texada was 23 when he was slain in 2020. Courtesy photo.

 Family Seeks Justice for Murdered Son on Fourth Anniversary of His Death

Special to The Post

Henry Texada was known as a leader, a role model, godfather, and a friend to all.  He enjoyed mentoring younger members of his family and participants at the Boys and Girls Club. He was always giving and present in the lives of others with a kind word or suggestion.

Henry used the skills gained at Youth Radio as a digital media photographer to inspire others.  He wanted to learn as much as he could to be a supportive person for youth, so he enrolled at Laney College for the fall of 2020 for classes in Early Childhood Development.

He was killed when several people exited a 2020 silver Nissan Armada and shot him around 2 p.m. on April 28, 2020, on 68th Avenue in East Oakland. Police were able to recover the vehicle, which had been rented in Reno, Nev., but have been unable to solve the case.

Henry’s senseless murder continues to deeply impact his loved ones who are suffering from his loss.

“I hate the phrase passed away or died,” his mother says. “My son, Henry, was very protective of me, and we had a bond that could not be broken. I miss him so much.

“I hate April 28th because I feel Henry should be here, because he had a purpose helping others and working with youth.  He was physically strong and had a plan, goals, and dreams.  Henry had a smile that would light up the room.  He is a wonderful son, brother, and uncle.”

“Instead of imploring you for information and help, I should be telling you about all the things he has achieved and all the people that he touched,” his mother said. “But instead, here I am praying for justice because a person who would take the shirt off his back for others was murdered.

“There is no word to describe this everyday pain for me. I expect him to text me at any moment because his favorite saying was “don’t say bye, say see you later.”  It’s four years later and I can’t physically hold him,” his mother comcluded.

The Family Support Advocates join with Henry Texada’s grieving family and loved ones in their pursuit of justice.  Anyone in the community with information about Henry’s murder is asked to contact the Homicide Section of the Oakland Police Department at (510) 238-3821 or the TIP LINE at (510) 238-7950. CrimeStoppers of Oakland is offering a reward for an arrest in this case.  #JusticeforHenry.

FAMILY SUPPORT ADVOCACY TASK FORCE

The mission of the Family Support Advocacy Task Force, a committee of the Violence Prevention Coalition, is to advocate for local, state and federal policies and legislation to enhance and expand support to families and friends of those who experienced violence; for more compassionate and transparent communication between law enforcement, the district attorney with the family of homicide victims and to push for the elimination of all violence, but particularly gun violence and homicides.

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Activism

Calif. Anti-Sex Trafficking Advocates Discuss Competing Bills, Strategies

Advocates from across California are challenging state officials and community leaders to support legislation that provides resources and services for survivors and victims of human trafficking, as well as assistance as they transition back into civil society.  Some of those advocates are also calling for more effective state policy to curtail trafficking, a crime that has an outsized impact on Black children, particularly girls.

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Shutterstock
Shutterstock

By Bo Tefu, California Black Media

Advocates from across California are challenging state officials and community leaders to support legislation that provides resources and services for survivors and victims of human trafficking, as well as assistance as they transition back into civil society.

Some of those advocates are also calling for more effective state policy to curtail trafficking, a crime that has an outsized impact on Black children, particularly girls.

According to the FBI, a report covering a two-year period found Black children accounted for 57% of all juvenile arrests for prostitution. In addition, 40% of sex trafficking victims were Black and 60% of those victims had been enrolled in the foster care system.

“It is time to hold the perpetrators who take advantage of our children accountable,” said the Rev. Shane Harris, a San Diego-based activist, former foster youth and founder of the Peoples Association of Justice Advocates, (PAJA), a national civil rights organization and policy think tank.

“It is time to send a thorough message that if you seek to buy a child for sex, you will pay the highest criminal penalties in this state,” added Harris who was speaking at a rally at the State Capitol earlier this month. Harris was speaking in support of Senate Bill 1414, authored by Sen. Shannon Grove (D-Bakersfield), which calls for people who buy sex from minors to be punished with a felony. The punishment includes a two-year prison sentence and a $25,000 fine.

Harris said the PAJA is the only civil rights organization in the state that supports SB 1414.

Harris urged other Black-led groups who favor anti-trafficking legislation more focused on criminal justice reforms (as opposed to stiffer penalties), to “join the movement.”

Many of those civil rights groups fear that SB 1414 could lead to the incarceration of more Black youth.

Those sentiments were echoed in a panel discussion organized by Black women advocates on April 26 to examine the cause and effects of human trafficking in California’s Black communities. The virtual event was hosted by the Forgotten Children, Inc, a faith-based nonprofit that advocates for survivors and victims of human trafficking through anti-trafficking campaigns and initiatives.

Panelists shared the psychological impact of sexual exploitation on youth and children in the long term.

Author and educator Dr. Stephany Powell shared statistics and information revealing that African American women and girls are the most trafficked nationwide.

Powell, who serves as the senior advisor on law enforcement and policy at the National Center on Sexual Exploitation said that national data indicates that sex trade survivors are disproportionately women of color. She stated that male survivors often go unnoticed because boys rarely report trafficked crimes.

Powell said that decriminalizing prostitution in California could increase human trafficking. She argued thatSenate Bill 357, authored by Sen. Scott Wiener (D-San Francisco), which was signed into law in 2022 and legalized loitering for prostitution, caused a surge in street-level prostitution.

Panelist and psychologist Dr. Gloria Morrow shared opposing views on decriminalizing prostitution. She said that decriminalizing prostitution could help survivors gain access to state resources and support.

Despite opposing views, Powell and Morrow agree that the Black community needs resources and educational programs to address human trafficking.

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Activism

Oakland Post: Week of May 1 – 7, 2024

The printed Weekly Edition of the Oakland Post: Week of May 1 – 7, 2024

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