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t.LS(51,000 la VId3 THE MIAMI HERALD I MiamiHerald.com TALLAHASSEE LOCAL & STATE HI THURSDAY. MARCH 10.2011 15B State imposes stricter clemency rules Pc, Gov. Rick Scott and the clemency board issued strict regulations on when felons can regain the right to vote. BY STEVE BOUSOUET Herakl/Tunes Tallahassee Bureau TALLAHASSEE — With uncommon speed that infu- riated opponents, Gott Rick Scott and the Cabinet im- posed strict new barriers Wednesday on felons who want to regain the right to vote. including a five-year waiting period to apply for clemency. The action wipes out a streamlined policy adopted in 2007 by former Gov. Charlie Crist and a different Cabinet in an effort to help ex-offenders become pro- ductive driven; and reduce the chance they would com- mit new crimes. TESTIMONY LIMITED Adding to the objections of opponents was the fact that copies of the rule change were not made avail- able to the public until after the meeting began and pub- lic testimony was then lim- ited to two minutes per per- son, for a total of 30 minutes. The four statewide elected officials received the new policy Tuesday night. Agriculture Commission- a Adam Putnam asked for a slower, more detailed expla- nation of the changes, say- ing he "didn't have much time" to absorb them be- cause he got the proposal so late 'WHY THE RUSH? "Why the rush to go back to where we started from? asked Sen. Arthenia Joyner, D--Tampa Howard Simon of the ACLU of Florida said the speed suggested a drive to deny voting rights to as ma- ny people as possible before the 2012 presidential elec- tion. "The unseemly haste and lack of transparency sug- gests dearly that this was politics disguised as public policy"Simon saki. Asked why it happened so fast, Scott said: "I believe that part of my job is to. when I get comfortable with a derision, to go Concord and announce the decision and start down a path" The discarded policy al- lowed tens of thousands of nonviolent offenders to re- gain their civil rights with- out a time-consuming appli- cation and bearing process. The new policy requires felons to apply for civil rights at least five years after completing their sentences, during which time they can't be arrested. Certain classes of violent felons will have to wait sev- en years to apply "The restoration of civil rights can be a significant part of the rehabilitation of criminal offenders and can assist them to re-enter into society" Scott said. "It is important that this form of clemency be grant- ed in a deliberate, thought- ful manner that prioritizes public safety and creates in- centives to avoid criminal activity" IN SUPPORT Prosecutors, police chiefs and sheriffs all showed up to testify in support of the de- cision. "Convicted felons should be required to demonstrate their desire to have their rights restored," said Semi- nole County Sheriff Don Es- linger, speaking for the Flor- ida Sheriffs Association. 'The application process ensures accountability" State Attorney Brad King of Ocala said: "Convicted felons should show a will- ingness to abide by the law before they have their privi- leges of citizenship re- turned: Leon County Supervisor of Electioris Ion Sancho said the restrictive civil rights process — "a stain on Flori- da" he called it — has its ori- gins in the post-Civil War Reconstruction era, in an ef- fort to prevent freed slaves from voting. The new policy will en- sure "a permanent under- class of underemployed in- dividuals." Sancho said Civil rights advocates said Florida joins two other states, Kentucky and Virgin- ia, that also require waiting periods and hearings before felons can regain their civil rights, which also include being able to serve on a jury, run for office and hold doz- ens of professional licenses. Joining Scott in the. 4-0 vote were Putnam, Chief Fi- nancial Officer Jeff Atwater and Attorney General Pam Bondi, a former Hillsbor- ough prosecutor who pro- posed the change last month. "1 believe if you are con- victed of a felony, them should be an appropriate New clemency, rules Highlights of the. amended clemency rule; approved Wednesday. Nonviolent felons must be crime-free for five years alter compleb Don of their.sentences before they can applyfor restoration of civil riggs. More serious and violent felons must be crime-free for'seVen years after completionof their sentences before. they can apply for reSS; ration of civil rights. The dams of crimes considered more sertus and violent are exparied to Include public coop- Don and crimes invrving minors. Completion of 541- tence includes protition, community controluiri payment of all fine and restitution. waiting time jot= you have your its restored, and I firmrbelieve that someone atbuld have to ask. -. That is a privilege," Bondi said. Even the streamlined civil rights process required S ons to wait years for a deci- sion because the Florida Pa- role Commission, the agen- cy that handles clemency cases, is now hobbled by a lack of personnel and has a backlog of more than 100,000 cases. The state grants five forms of clemency: restora- tion of civil rights, pardon, the right to carry a gun, commutation of sentence and restoration of alien sta- tus. CRITICS WEIGH IN Critics said the change would worsen Florida's high rate of recidivism because a -offenders will now face new barriers in trying to be- come productive citizens. Scott supports a revamping of prison policies to reduce the state's notoriously high rate of recidivism. "Once a person has paid their debt, they should be fully and quickly integrated back into the community" said Danielle Prendergast, director of public policy of the ACWof Florida Steve Banquet can be reached et [email protected] EFTA01735568