Former Felons May Have Voting Rights Restored in Florida

Apr 05, 09:00 PM

Current Headlines: FORT LAUDERDALE, Fla. _ Most felons released from prison could soon have their voting and other civil rights restored under a rule approved Thursday by Republican Gov. Charlie Crist and the state's clemency board.

All but the most violent felons would avoid a hearing before the board, which sometimes takes years. To qualify, ex-offenders must have completed their sentences and probation and paid all restitution.

"If we believe people have paid their debt to society, then that debt should be paid in full and their civil rights should in fact be restored," Crist said. "By granting ex-offenders the opportunity to participate in the democratic process, we restore their ability to be gainfully employed as well as their dignity."

Under the new process, most convicted felons _ as many as eight out of 10, according to Crist's office _ will automatically have their rights restored.

People convicted of more violent crimes, such as murder, kidnapping and assault, will still have to go through a hearing, but they will no longer have to wait as many years to obtain one since the backlog of those waiting will be reduced.

State officials vowed to immediately begin combing through the ranks of convicted felons already released from prison to identify those now eligible to regain their civil rights.

Estimates of how many felons have left prison but have not regained their rights vary. The state estimates 628,000, while restoration advocates say the number is nearly a million.

Advocates for ex-offenders called the decision only a good first step because it did not include automatic restoration to all felons and requires ex-convicts to first pay restitution.

"If somebody pays their debt to society, then the debt is paid," said Broward Public Defender Howard Finkelstein. "I also am not naive to the will of politics. If this is something to get to the rights restoration for all, and you have to compromise a little, then OK."

The board voted 3-1 for the change. Attorney General Bill McCollum, also a Republican, strongly objected, calling the plan "reckless," "irresponsible" and "a grave mistake."

"Wow! God is good," said the Rev. Kenneth King, of Dania Beach, Fla., who served time for attempted murder, robbery and battery.

After leaving prison in 1983, King earned bachelor's and master's degrees. Until his civil rights are restored he cannot obtain a license to practice occupational therapy, he said.

He works with young felons to help them get their lives back on track and has had a clean record since he got out of prison 24 years ago.

But because King committed a violent crime, he is not eligible for automatic rights restoration. He will have to apply for his rights to be restored and go before the clemency board, a process that could still take years.

King said he believes he has paid his debt to society and should be given his rights back.

"I've been out of prison more than 20 years," King said.

American Civil Liberties Union attorney Aziza Botchway said she was concerned about the restitution requirement.

"That's a real Catch-22," she said. "Many ex-convicts can't pay restitution because they can't get a job. That's a big deal."

Civil rights advocates have sought the change for years, particularly after the disputed 2000 presidential election, when the state purged many people who had not committed felonies from voter rolls because the state's database of felons was plagued with errors.

Some voting rights advocates speculated Republicans did not support automatic restoration because a number of ex-felons are black and black voters generally vote for Democrats.

David Dangerfield, chairman of the Republican Black Caucus of Palm Beach County, said he preferred more of a "merit system" for those seeking restoration, requiring them to perform public service and mentor youth to keep them from going to prison.

But he respects Crist's action.

"Charlie can do the right thing," Dangerfield said. "It's a bipartisan undertaking, bringing Floridians together."

Mitch Ceasar, chairman of the Broward County Democratic Party, said he did not view the restoration of rights as a "political issue."

"I don't see it as any particular philosophy or party affiliation," he said. "I consider it the right thing to do."

"Florida is heading in the right direction," said Melanie Campbell, executive director of the Washington, D.C.-based National Coalition on Black Civic Participation.

"Given 140 years of denial, based on race, this is something to build on," she said. " It will have an impact on poor people and people of color who will be able to get a training license and get to vote."

Campbell said people would be able to feed their families, reducing poverty, and the new rule likely would reduce the recidivism rate.

Most states restore rights automatically when felons complete their sentences. Others require ex-offenders to wait.

Florida was one of three states, along with Kentucky and Virginia, that required felons to ask officials to restore their civil rights. The provision was put into the state constitution in 1868.

___

(c) 2007 South Florida Sun-Sentinel.

Visit the Sun-Sentinel on the World Wide Web at http://www.sun-sentinel.com/

Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.