A true ‘second chance’ requires a restoration of rights

Virginia’s Constitution states that citizens who have been convicted of a felony and have served their sentence can petition the governor to reinstate their civil rights, which include serving on a jury, running for office, serving as a notary and the right to vote.

The three previous administrations have all worked to ensure a smoother rights restoration process, which has helped countless returning citizens reintegrate back into their communities and become productive members of society. However, under the Youngkin administration, there may have been changes to the process that Virginians are unaware of, as now it seems individuals must proactively seek to have their rights restored, and whether rights are restored are decided on a case-by-case basis, based on criteria that at the time of this writing has not been made public.

These changes roll back a process that Gov. Bob McDonnell set in motion in 2013 when his administration moved to eliminate the application process and waiting period to automatically restore the civil rights of people convicted of non-violent crimes. McDonnell has said that it is smart government to ensure that people released from prison have second chances and the skills and the ability to get back to work.

Continuing to disenfranchise returning citizens prolongs the cycle of incarceration by preventing access to opportunities of employment, education, transportation and housing, along with concentrated poverty in deliberately confined neighborhoods. Restoring civil rights sends the message that citizens who want a second chance are welcome as members of our communities. This is a critical part of helping individuals reintegrate back into society, preventing future crimes.

According to a press release released by the Virginia Department of Corrections last month, this is the seventh year in a row that Virginia has had the second lowest or lowest rate of recidivism in the nation. Although there is still work to do, I believe the rates are low because we have worked to allow returning citizens a chance to create a productive and legal life for themselves.

Law enforcement organizations, including the American Probation and Parole Association, the American Correctional Association, the National Black Police Association and the Association of Paroling Authorities International, have all passed resolutions in favor of automatic restoration of civil rights. So why has Gov. Glenn Youngkin pumped the brakes on a rights restoration process that is supported by many in the law enforcement and public safety community?

I completely agree with the governor when he said last October that, “second chances are essential to ensuring Virginians who have made mistakes are able to move forward toward a successful future.” The administration’s restoration process is antithetical to this viewpoint. What was in place under the previous administrations was not broken and should be reinstated.

For years I have worked in the legislature with organizations such as the NAACP, New Virginia Majority and others to work towards the inclusion of an amendment to the state Constitution that would include the automatic restoration of rights. I consider this to be my life’s work, and I will continue to champion the rights of those who have paid their debt to society and want to take part in democracy. Voting is a right in a democratic society that should not be abridged.