‘Second chance’ bill for nonviolent felons stalled in House of Delegates

CHARLESTON, W.Va. — Records may stand. A “second chance” bill that would give people convicted of nonviolent felonies, with exceptions, a chance to have their records permanently cleared is stalled in the House of Delegates with the end of the 2016 Regular Legislative Session in sight.

As of Thursday morning, there were no indications of when or if members of the House Industry and Labor Committee would take up the West Virginia Second Chance for Employment Act, one the Senate previously approved unanimously.

Senate Minority Leader Jeff Kessler (D-Marshall, 02)

“If we’re never going to give a person an opportunity to turn their life around then the criminal justice system, when it talks about rehabilitation, is not working,” said Senate Minority Leader Jeff Kessler (D-Marshall, 02), a Democratic gubernatorial candidate and one of the sponsors of SB 411.

Delegate Mike Pushkin (D-Kanawha, 37) introduced a similar bill in the House, but said on Thursday’s MetroNews “Talkline” the Senate bill is better.

“It’s just an extra incentive to get people to stay on the right path and, in the meantime, so they’re able to get gainful employment to provide for their families,” he said.

In general, the bill would allow a person convicted of a nonviolent felony, with some exceptions, to petition for preliminary expungement and a sealing of the conviction one year after completing any sentence for the crime or crimes.

Ten years later, if requirements are met, the convicted nonviolent felon could then petition to have the conviction unsealed and expunged for good.

Mike Pushkin (D – Kanawha, 37)

As written, the term “nonviolent felony” would apply to any felony offense other than those involving violence against another person, a minor child or the use of a gun, other deadly weapon or dangerous instrument or drug dealing involving minors

“They’ve already paid their dues,” Pushkin said of those who could potentially qualify for felony expungement. “It’s not soft on crime, it’s actually smart on policy because it’ll get people back to work so they don’t commit another crime.”

In 2015, West Virginia became the first state to see its adult workforce participation rate fall below 50 percent, according to the U.S. Department of Labor.

“One of the problems is we have 150,000 felons in our state and 97,000 of them are drug-related convictions. When they get out of prison or they get out on parole, they have now become completely either unemployable or underemployable,” Kessler said.

According to him, the bill has “overwhelming” support from the majority of West Virginia’s sheriffs and prosecutors along with day reporting center and drug court operators.

If the “second chance” bill advances out of the House Industry and Labor Committee, it will have to go through the House Judiciary Committee to get to the House of Delegates floor.

The 2016 Regular Legislative Session ends on March 12.





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