Proposal to Create a Sentence Completion and Discharge Certificate in Georgia The Georgia Council on Criminal Justice Reform believes in the “principle that every returning citizen released from prison should have the tools and support needed to succeed in the community.”1 Many challenges, however, face people with felony convictions after they have completed their sentence and are released from correctional supervision. One “tool” that would help these individuals confirm their debt has been paid is a certificate of sentence completion and discharge. A key obstacle for people with felony convictions is establishing for others (e.g., prospective employers, landlords, lenders, and schools) that their sentence has been officially completed and they are no longer under correctional control. The challenge exists because too often there is a false presumption among employers, landlords, lenders, schools, and others in Georgia, that the Department of Corrections and/or Board of Pardons and Paroles provide all former inmates, parolees, and probationers with documentation of their release from correctional control. As of 2014, the Georgia Department of Corrections will issue a Program and Treatment Completion Certificate to certain people serving a felony sentence which is intended to symbolize achievement toward successful reentry into society. There is still a need, however, for official certification once the person has paid their debt in full. Currently, the earliest an individual can receive official documentation confirming the completion of a felony sentence is two years after they are released from correctional supervision if they apply for and receive a Restoration of Civil and Political Rights from the Board of Pardons and Paroles. Until and unless this restoration is granted, former inmates, parolees, and probationers seeking to positively reintegrate back into society have no state certification that proves they have “paid their debt” to society for their criminal convictions. People with felony convictions need what many other types of people experiencing forms of reentry need – governmental documents declaring their service, obligations, or custody to an agency or institution 1 Report of the Georgia Council on Criminal Justice Reform, January 2014, p. 3. 1 have been fulfilled.2 Such documents provide (a) a statement that a certain set of requirements have been met and (b) a statement that the bearer is no longer under the command, authority, or responsibility of the government or other institution. Sentence completion and discharge certificates will satisfy other government or private agencies that a person with a felony conviction has met all the requirements and obligations of their sentence and is suitable for further assistance by public and private agencies. Additionally, sentence completion and discharge certificates will offer: simple and supplemental documentation for employment, residence, and education by persons with felony convictions; peace of mind for convicted individuals and the victim(s) that the sentence is truly complete; and voter fraud prevention by reducing the possibility of unlawful voter registration by unqualified persons. (i.e., persons with felony convictions who are under correctional supervision). Sentence completion and discharge certificates complement the recommendations of the Georgia Council on Criminal Justice Reform “to increase success rates of Georgians leaving prison by providing them with a seamless plan of services and supervision…”3 In particular, such certificates would assist people with felony convictions to document, establish and maintain an accurate record of their criminal supervision, along with history/record of convictions. This is vital. “A lack of proper identification and documentation,” as a recent reentry report by the Urban Institute notes, “not only inhibits access to a myriad of services needed for successful reintegration, it may also prompt a return to criminal activity to help meet those basic needs.” 4 Many states offer these certificates confirming sentence completion, either independent of or tandem with the restoration of rights. How many is unknown. There is no clearinghouse that identifies 2 Examples include former members of the United States military, the Peace Corps, merchant marines, state and local police and fire departments, as well as young adults discharged from foster care. All of them receive discharge papers that serve to establish the end of their relationship with a public agency. Even people coming out of bankruptcy receive official “discharges from bankruptcy” after they have fulfilled their financial obligations under the terms of bankruptcy. 3 Report of the Georgia Council on Criminal Justice Reform, January 2014, p. 3. 4 Elizabeth Davies, Nancy La Vigne, Tobi Palmer, and Robin Halberstadt, Release Planning for Successful Reentry: A Guide for Corrections, Service Providers, and Community Groups (Urban Institute, 2006, p. 12). 2 them. But states with them have administrative rules, often based in statute, for the request and issuance of such certificates. For instance: Arizona. The department of corrections provides, upon request from a person with a felony conviction, “a certificate upon completion of the sentence” or “certificate upon completion of the community supervision.”5 South Dakota. “All inmates completing their final prison sentence either from a DOC facility, parole or suspended sentence will receive a Discharge Certificate. Discharge certificates for inmates under Parole Department Supervision will be distributed to the appropriate parole agent.”6 Virginia. “If after a reasonable length of time, a parolee continues to show that he or she can obey all of the rules of parole, the person will be reviewed for discharged from parole supervision. At that time, he or she will receive a certificate stating that current sentence and parole obligations to the Commonwealth have been met.”7 New Mexico. “If you have successfully completed the terms of your supervision, you may request of your Probation/Parole Officer a Certificate of Completion of Sentence.”8 (see attachment.) Washington. “Community Corrections Officers are expected to pursue a Certificate of Discharge for Washington state convicted felony offenders who have met all of their sentence conditions, including the payment of cost of supervision fees, while under the supervision of the Department. [Furthermore,] Washington State convicted offenders who desire a Certificate of Discharge but who are no longer under the authority of the Department of Corrections, are to work with the sentencing court, prosecutor and county clerk to obtain the Certificate of Discharge.”9 5 Arizona Department of Corrections, “Frequently Asked Questions: Certificate of Absolute Discharge,” http://www.azcorrections.gov/AbsoluteDischarge.aspx. Also see Arizona Revised Statutes Title 13-904 to 13-908. 6 South Dakota Department of Corrections, “Frequently Asked Questions,” http://doc.sd.gov/about/faq/releases.aspx. Also see South Dakota Codified Laws 24-5-2. 7 Virginia Department of Corrections, Community Corrections - Frequently Asked Questions, https://vadoc.virginia.gov/community/faqs.shtm. 8 New Mexico Corrections Department, Probation Parole Division, Offender Orientation Handbook, p. 1 (http://corrections.state.nm.us/ppd/ppd.html) 9 Washington State Department of Corrections, “Prison Life-Returning to the Community: Certificate of Discharge,” http://www.doc.wa.gov/family/offenderlife/release.asp 3 California. “After discharging from Non-Revocable Parole, [ex-prisoners] may obtain a Discharge Certificate by sending a written request to: CDCR RECORDS P.O. Box 942883 Sacramento, CA 94283”10 Michigan. “If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the rules and regulations adopted by the parole board, the prisoner has served the full sentence required. The parole board shall enter a final order of discharge and issue the paroled prisoner a certificate of discharge.”11 Nevada. The state provides different types of certifications depending on former status. Exprobationers, for instance, as well as ex-parolees, may receive “honorable discharges” (e.g., “upon honorable discharge from probation, the person so discharged must be given an official document which provides: (a) That the person has received an honorable discharge from probation.”12 To be clear, when a state issues a certificate confirming sentence completion it does not mean that the state affirms or certifies that a person with a felony conviction is fully rehabilitated and worthy of trust. The certificate is only a declaration by the state that a person has fully completed the sentence for a felony conviction, nothing more. In Washington, for example, the state may issue a “certificate of discharge” to ex-prisoners, parolees, and probationers, upon their request. The certificate is clear that its issuance and receipt (a) does not remove a conviction or expunge a criminal record; (b) “is not based on a finding of rehabilitation;” (c) does not automatically restore political and civil rights such as jury duty or firearms possession; (d) does not prevent registration for sex offenses or alter no-contact orders. 10 California Department of Corrects and Rehabilitation, “Non-Revocable Parole Frequently Asked Questions (FAQ) Sheet,” http://www.cdcr.ca.gov/Parole/Non_Revocable_Parole/Non-Revocable_Parole_FAQs.html. 11 Michigan Compiled Laws, Corrections Code, Section 791.242 (http://www.legislature.mi.gov/%28S%282kqnmi553lgb5kqbxjbhfvfr%29%29/mileg.aspx?page=getObject&objectName=mcl -791-242) 12 Nevada Revised Statutes, Chapter 176A Probation and Suspension of Sentence, http://www.leg.state.nv.us/NRS/NRS176A.html#NRS176ASec850 4
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