Texas tried to do what Canada plans to do, and it failed. A state budget crush in 2005 forced Texas to take a hard look at its own justice policy. Texas had the highest incarceration rate in the US, with one in 20 of its adult residents behind bars or on parole or probation. Policy makers found that sending people to prison was costing ten times as much as putting them on probation, on parole, or in treatment.
Texas reversed a $2 billion plan to build new prisons and spent a fraction of that amount – about $300 million – on improved drug treatment programs, mental health centres, probation services, and community supervision for prisoners out on parole. The strategy worked: Costs fell and crime fell also. By strengthening some of the alternatives to prison, the rate of incarceration fell 9 percent between 2005 and 2010, while the crime rate fell by 12.8 percent.
A coalition of experts in Washington DC attacked the Harper government’s omnibus crime package, Bill C-10, in a statement early October.
Tracy Velazquez, executive director of the Washington-based Justice Policy Institute said, “Republican governors and state legislators in such states as Texas, South Carolina, and Ohio are repealing mandatory minimum sentences, increasing opportunities for effective community supervision, and funding drug treatment because they know it will improve public safety and reduce taxpayer costs. If passed, C-10 will take Canadian justice policies 180 degrees in the wrong direction, and Canadian citizens will bear the costs.”
Conservatives in Texas say the Harper government’s crime strategy won’t work. Judge John Creuzot of the Dallas County Court states that billions and billions will be spent locking people up, but there will come a time when the public will say “That’s enough.” Representative Jerry Madden, a conservative Republican who heads the Texas House Committee on Corrections, says that building new prisons is extremely expensive, and if they are built, they will be filled. But if they are not built, innovative, creative strategies will evolve that keep the community safe and yet still do the incarceration necessary.
Even though crime in Canada is down to its lowest level since 1973, the Canadian government has increased the prison budget sharply. Federal spending on corrections in Canada has gone up from $1.6 billion in 2005-06 to $2.98 billion in 2010-11 – an increase of 86 percent. The budget for 2012-13 is $3.13 billion.
Prison sentences have already increased with the elimination of the two-for-one credit for time served waiting for trial. Bill C-10 would add new and longer sentences for drug offences, increase mandatory minimums, and cut the use of conditional sentences such as house arrest. In each of these aspects, Texas, as well as several other states, is doing the opposite.
Studies in Texas show that treatment and probation services cost about one-tenth the costs to build and run prisons. Besides, offenders emerge much less likely to commit fresh crimes than those with similar records who go to prison.
What this means for anyone interested in applying for a pardon is that the time to act is now. Any applications acknowledged and accepted by the Parole Board of Canada prior to the new legislation passing will be governed by the current laws. What is still unknown is exactly if and when the new legislation will take effect. The new legislation is currently before Parliament, but the timelines for passage and what the final version will look like remain to be seen.
Showing posts with label omnibus. Show all posts
Showing posts with label omnibus. Show all posts
Changes to the Canadian Pardon – Get Your Pardon, Before It’s Too Late
A Change in Name
One of the changes proposed by the new government is aesthetic. What is currently known as a Canadian Pardon will be changed to Record Suspension. This name change will not have any effect on people who currently have a Canadian pardon. Furthermore, the change will not have an effect on what a pardon, soon to be record suspension, actually accomplishes. The criminal record will continue to be sealed and made hidden from background checks conducted by future or current employers, volunteer organizations or the U.S. Department of Homeland Security. The change in name is meant to reflect the tough on crime stance of the Conservative government and is backed up by a higher price and new restrictions.
A Change in Price
The current fee charged by the National Parole Board for processing and reviewing a Pardon Application is $150. Under the new legislation, the fee will be increased to $631. The fee increase seeks to take the financial burden of the application process away from the tax-payer and onto the applicant.
New Restrictions
The new legislation will also make it more difficult, or in some cases, impossible to apply for a Canadian Pardon.
o The applicant must not have been convicted of an offence involving sexual activity relating to a minor – as set out in a schedule of specified offences – unless the applicant can demonstrate s/he was “close in age” and that the offence did not involve a position of trust/authority, bodily harm or threat of violence/intimidation;
o The applicant must not have been convicted of more than three (3) offences prosecuted by indictment.
o The National Parole Board be granted “absolute discretion” to “order, refuse to order, or revoke” a record suspension
o The waiting periods be extended from three to five years for summary offences and from five to ten years for indictable offences.
What to Do
For most Canadians with a criminal record the main effect will be the substantial change in price given in Bill C-23b. Without professional paralegal help the pardon process can be expensive, extremely time consuming and repetitive given high rejection and error rates. With the new restrictions and increased price, the process is becoming even more difficult.
There are professional experts in the field of Canadian Pardons who are able to help get you your pardon before it’s too late. With affordable rates and available financing from a trusted service provider a clear record is available. Don’t wait until it is too late. Get your Canadian pardon today.
The Benefit of Time – The Crime Bill and Harper’s Priorities
While Stephen Harper is preparing to recall Parliament, the anticipated whirlwind session will see a fulfillment of the Conservative’s legislative priorities. The return to the Commons is going to be framed using four broad priorities: the budget’s “low-tax plan for jobs and economic growth” to aid the recovery and their “low-tax plan for families,” including the budget’s tax cuts; legislation to crack down on elder abuse; slaying the deficit; and the omnibus crime bill.
Tabling the omnibus crime bill containing a rewrite of justice laws will fulfill their tough-on-crime agenda. This crime bill will be a bundle of 11 pieces of law-and-order legislation wrapped into one bill that the Conservatives promised to pass within 100 days of taking power.
The 11 justice bills that will comprise the omnibus crime bill would:
- Crack down on organized drug crime
- End house arrest for serious and violent criminals
- End house arrest for serious personal injury offences such as sexual assault
- Eliminate pardons for serious criminals
- Establish tougher sentences and mandatory jail time for sexual offences against children
- Strengthen the handling of violent and repeat young offenders (Sébastien’s Law)
- Give law enforcement and national security agencies up-to-date tools to fight crime in today’s high-tech telecommunications environment
- Give the government more discretion when considering requests to transfer Canadian prisoners to Canada from other countries
- Provide police and the courts more tools to investigate and prevent terrorism
- Allow victims of terrorism to sue perpetrators and supporters of terrorism in Canadian courts
- Streamline long and complex trials
This pledge has recently been clarified as being 100 sitting days in the Commons. Thus, the crime bill could take until the fall to be made into law. Time then seems to be on their side, so to speak, giving the Conservatives a chance to review all its components and consider the consequences.
The Tories’ “Here for Canada” plan focuses on five key priorities:
- Creating jobs through training, trade and low taxes.
- Supporting families through our Family Tax Cut and more support for seniors and caregivers.
- Eliminating the deficit by 2014-2015 by controlling spending and cutting waste.
- Making our streets safe through new laws to protect children and the elderly.
- Standing on guard for Canada by investing in the development of Canada’s North, cracking down on human smuggling and strengthening the Canadian Armed Forces.
Will Mr. Harper be able to achieve his justice bill pledge, see the crime bill reach fruition in 100 sitting days? Or will the Conservatives, given the benefit of time to consider its ramifications, take a more gradual approach that allows Canadians to understand its impact more fully and to provide input.
Subscribe to:
Posts (Atom)