Governor McDonnell Announces Restoration of Civil Rights Procedures
New System will be “Fastest and Fairest” in Modern Virginia History
Decisions Will be Made Within 60 Days of Receipt of All Required Information; Governor Reduces Time for Submitting Application for Non-Violent Felons from Three to Two Years
RICHMOND – Governor Bob McDonnell today announced his Administration’s streamlined restoration of rights procedures. Highlighted by a 60-day turnaround period on all completed applications, compared to the previous standard of six months to one year or more, the process will be the fastest and fairest in recent Virginia history. The Governor also announced that he is shortening the time individuals convicted of non-violent felonies must wait before applying for their restoration of their rights; That period will be reduced from the current three years to two years. The Governor’s procedures follow his pledge during the 2009 gubernatorial campaign to improve and quicken the restorations process. McDonnell also announced his Administration has already acted upon nearly 200 applications, with decisions now made on all applications submitted with all the required information between the January 16th Inauguration and April 1st. The Administration has also acted upon many of the 650 applications left over from the Kaine administration, which will all be completed by July 15th.
Speaking about the new restoration of rights procedures, Governor McDonnell noted, “I got my start in public service in Virginia as a prosecutor. I strongly believe the foremost obligation of any government is to provide for the security and protection of its citizens. When someone commits a crime they must be justly punished. However, once they have served their time and fully paid for the offenses they have committed, they should be afforded a clear and fair opportunity to resume their lives as productive members of our society. That’s why we announced an innovative prisoner re-entry plan last week and why we’re significantly improving the restoration of rights process today.”
The Governor continued, “A decade ago I worked in the General Assembly to help create a court procedure try to reduce the time it took to process an application for the restoration of rights. There is no reason an individual should have to wait a year or more to get an answer on an application that comes to the Governor’s office. This Administration will speed up the process dramatically. We will make decisions within 60 days of receiving a completed application. We will also allow individuals convicted of non-violent felonies to petition for their rights back after just two years, compared to the current three year requirement. And we will create a small, internal working group of key stakeholders to streamline this process and reduce the time it takes to get documents from other agencies. Further, we have now established the fastest and fairest restoration of rights process in modern Virginia history. I believe that when we restore offenders as full participants in our society, it helps them become more productive citizens, and it helps make our Commonwealth a safer and better place.”
Attorney General Ken Cuccinelli voiced his support for the Governor’s process, stating, “I have long endorsed making it easier for those who have turned their lives around to regain their place in society. My office stands ready to advise the governor on ways to help him achieve his goal of streamlining the process of restoring rights.”
Speaker of the House William J. Howell noted, “Protecting people's safety is a foremost responsibility of any government as is ensuring justice for victims of crimes and due process for those who commit them. In Virginia, when someone commits a crime that person is punished appropriately. The new restoration of rights procedures announced today by Governor McDonnell will make that system more fair, timely and efficient. It's but the latest of many ways in which our Governor is working diligently to reform and improve government and I believe these changes are a positive step forward.”
King Salim Khalfani, Executive Director Virginia State Conference NAACP commented, “Process is important, but results are even more important. The Virginia State Conference NAACP is encouraged that Governor McDonnell has already made a decision on the majority of completed applications submitted during the first few months of his Administration. We look forward to working with the Governor, Secretary of the Commonwealth and those who desire to have their rights restored in Virginia. The Governor, his staff and stakeholders have put alot of thought and time into producing a new process on the restoration of civil rights. We look forward to working with the Governor on this and other issues to make the Commonwealth of Virginia a better place for all.”
Please visit http://www.Commonwealth.Virginia.Gov/ for more information including the Restoration of Rights packet containing a letter from the Governor, information sheet, and the official application.
The restoration of civil rights restores the right to vote, run for public office, serve on juries, and to serve as a notary public. It does not restore the right to possess or transport any firearm or to carry a concealed weapon. A person seeking restoration of firearm rights must petition the appropriate circuit court pursuant to Va. Code 18.2.-308.2. A restoration of rights does not expunge or remove any charges and/or convictions from a criminal record.
Overview of Restoration of Rights Process
· Creates a 60 day deadline for decisions from the Governor’s office on restoration of rights applications, once all required information is received from the applicant, courts and other agencies
· Reduces the time from three to two years that non-violent felons must wait to apply for restoration of rights
· Reduces the time from two years to one year that applicants must wait to reapply if he/she is denied the restoration of rights
· Allows for electronic submission of documents from applicants and from law enforcement organizations to speed up the process
· Establishes an internal working group of representatives from the SOTC’s office, the Legislative Black Caucus, a rural and urban representative from the Clerks of Court Association, the DMV, the Attorney General’s office, the State Police, the Department of Corrections, civil rights groups, and other affected parties to develop solutions for increasing document gathering efficiencies in the process. A report will be required by August 1st
· Allows applicants to list a brief description of civic or community involvement
· Gives 2 Year applicants the option of providing the sentencing order and proof of payment from the appropriate court in order to expedite the process
· As part of the recently announced innovative prisoner reentry initiative of the Administration, all prisoners will be fully briefed on the requirements and encouraged to apply once the requirements have been satisfied
Status of Restoration Applications Before Administration
· Out of 650 applications left over from the Kaine administration, approximately 250 were received with all the information needed to make a decision. The Secretary of the Commonwealth’s office has started processing those applications and the Governor has set a deadline of July 15 to completely finish the backlog and have decisions communicated to applicants.
· The Office is working directly with the applicants who have submitted applications with incomplete information in an attempt to get a completed application for review.
· All applicants who have a pending application for the restoration of their rights will be sent a letter in the next 5-7 days either alerting them to the decisions about their application or, if a decision has not been made, alerting them the status of their application.
Wow, a few months in office and he is actually “doing” something besides blaming the last administration for whatever problems he believes were left.
That’s leadership…
Posted by: change | May 20, 2010 at 04:11 PM
"That’s leadership…"
Only when you have low standards like "good job Brownie, "mission accomplished," ad infinitum!
Posted by: TomPaine | May 20, 2010 at 04:21 PM
TP (ironic?)-
Why not just give credit where it's due - McD has accomplished more in 4 mos than Kaine did in 4 years . . .
Posted by: What? | May 20, 2010 at 05:00 PM
Glad to see this panning out, especially after all of the wailing and gnashing of teeth from folks about the "essay" stuff.
Posted by: Brian W. Schoeneman | May 20, 2010 at 05:05 PM
Call me when he's restored voting rights to 4,500 people or however many Kaine's final tally was.
Also call me if he issues a blanket restoration, which is what people jumped on Kaine for not doing (because he said it wasn't legally possible).
Posted by: KCinDC | May 20, 2010 at 05:18 PM
Next step: expanded/further roles for drug courts.
Thank you, Gov. McDonnell.
Posted by: Mr. Jefferson | May 20, 2010 at 05:22 PM
The bottom line is that Barack Obama is history's greatest criminal, ever.
Posted by: change | May 20, 2010 at 05:33 PM
But, the President is a Demmycrat!
Posted by: change | May 20, 2010 at 05:34 PM
Thank You Governor, this is a good thing for restoring people to productive citizenship. Not clear about the statement of "worthiness" by virtue of public service?
Posted by: Jerry R. Long | May 20, 2010 at 05:37 PM
Come on guys, let's talk about Barack Obama now, sheep. No, I'm not obsessed.
Posted by: change | May 20, 2010 at 05:40 PM
Well, this is good news, good news indeed....
Score one for the MacD!
Posted by: Spock | May 20, 2010 at 06:21 PM
I am sure that those on this list who have read my posts will realize the posts that “children” may put forth under my name are not my opinions.
I suppose they are ashamed to type their own opinions…
Ahhh to be a child again…
btw... Did I mention Obambi in my original post??? Or are these im”posters” reading something into my post that they fear to be true???
Posted by: change | May 20, 2010 at 06:41 PM
Very promising. (And Brian, I'm still glad we wailed and gnashed our teeth over the essay requirement, since it seems to be have been removed.)
Posted by: Gretchen Laskas | May 20, 2010 at 06:42 PM
also,
Snowballs have a chance in hell... Spock and I agree...lol
Posted by: change | May 20, 2010 at 06:43 PM
Children. Sheep. Lemmings. Obama. All things I'd like to fuck.
Posted by: change | May 20, 2010 at 07:10 PM
Change- we have agreed on other stuff.
We are both pro-gun and against the smoking ban...so, every once in a while the snowball rolls.
I agree with this despite what party the Governor is who is doing this.
My question to you is, if this was being put forth by a Dem, would you still support this?
I support what I think is good for the people, whether it comes from a Dem or Repub, can you say the same?
Posted by: Spock | May 20, 2010 at 07:17 PM
http://www.cracked.com/funny-3809-internet-argument-techniques/
I use #2 a lot, you sad, pathetic children and liberal sheep.
Posted by: change | May 20, 2010 at 07:18 PM
I indeed can say the same Spock. For one, I support Zell Miller, who is a life long Democrat but left your loony party when it shifted far to the left.
Posted by: change | May 20, 2010 at 07:21 PM
Alt-ego Change- don't forget about Lieberman...
Posted by: Spock | May 20, 2010 at 07:23 PM
Also, child, you should be deeply concerned about Obama's plan to use the U.N. small arms treaty to ban guns...prepare....
Posted by: change | May 20, 2010 at 07:25 PM
It's so refreshing that Speaker Howell is finally in favor of this after countless voting rights bills died on the floor or in committee at his behest.
Posted by: MannyDC | May 20, 2010 at 07:28 PM
Wow I guess I'm the only person in the room who actually opposes the restoration of rights for FELONS. No I really don't think you should be able to vote once you've been convicted of a CRIMINAL offense...
Oh well.
Posted by: haha | May 20, 2010 at 08:41 PM
Felons should just contribute $55,500 to Attorney General Ken Cuccinelli and they will get his support for restoration of their voting rights.
Posted by: Mr. Thompson | May 20, 2010 at 10:28 PM
An overdue reform. Good on McD, and a nice way to get his administration back on track after some stupid controversies threatened to derail it.
Posted by: Esoteric | May 20, 2010 at 11:45 PM
Wow talk about over reacting. All this really does is guarantee convicted felons a faster "No." It does not change the standard for reinstatement of rights and does not change the fact that Virginia is one of only two states that does not automatically re-instate the right to vote.
In fact it does not even eliminate the essay requirement. The essay is now an "optional" statement of civic or community involvement. Of course the chances of getting restoration without the essay are slim to none.
Its all smoke and mirrors but no substance at all.
Posted by: Mark | May 20, 2010 at 11:56 PM
Mark,
It was curious that the administration said it had processes the backlog of cases, but failed to say how many folks had their rights restored. So "a faster no" seems like a definite possibility.
Posted by: steve vaughan | May 21, 2010 at 10:55 AM
Apparently the new system preserves the old 5 year waiting period for drug and violent offenses, and requires people in these categories to submit a statement, and three recommendations.
Gee. . . Wonders about the racial implications of this restoration distinction.
Posted by: The Donkey | May 21, 2010 at 11:42 AM
I really don't understand why we want to restore voting rights to someone who obviously makes monumentally bad decisions. Is it any wonder felons vote overwhelmingly for Democrats?
Posted by: Jack | May 21, 2010 at 12:02 PM
Jack- so if a certain demographic is more likely to vote in a way you don't like, you think they should not have their voting rights?
Posted by: Spock | May 21, 2010 at 12:32 PM
No, Spock, I'm saying that, BY DEFINITION, felons have shown poor decision-making. That is why they should not be automatically be given voting rights, AND why they tend to vote for Democrats.
Posted by: Jack | May 21, 2010 at 01:01 PM
The cynic in me realizes that yes, this could simply be a faster way to hand out the word "no." But the hopeful part of me takes note that this is an issue that most Virginians weren't even aware of this time last year, and now we have a Republican governor who feels that he must at least address it. That makes me think that as an issue, Virginia may finally be moving in the right direction, even if we continue to take baby steps.
Posted by: Gretchen Laskas | May 21, 2010 at 02:00 PM
" Is it any wonder felons vote overwhelmingly for Democrats?"
Except for those felons who vote Republican; you know the ones who commit grand larceny for big bucks and get whatever justice that can be bought.
Posted by: TomPaine | May 21, 2010 at 03:06 PM
Wasn't it CLINTON that pardoned a big donor?
Posted by: Jack | May 21, 2010 at 03:21 PM
According to the gov's office today. They've made a decision on about 200 of the 1,050 completed applications (650 from the Kaine admin, 400 from McDonnell's) and they've restored the rights of about 175 people. Have no idea how that rate of restoration compares with any other governor. Kaine did restores the rights of more felons than any other Virginia governor.
Posted by: steve vaughan | May 21, 2010 at 05:35 PM
A: " Is it any wonder felons vote overwhelmingly for Democrats?"
Q: What is a statistics Jack totally pulled out of his butt.
Alec, I'll continue in "Republicans Just Stone Making Stuff Up" for $500.
Posted by: steve vaughan | May 21, 2010 at 05:37 PM
In a 2003 study, sociologists Chistopher Uggen and Jeff Manza found that roughly 4.2 million had been disfranchised nationwide, a third of whom had completed their prison time or parole. Taking into account the lower voter turnout of felons, they concluded that about one-third of them would vote in presidential races, and that would have overwhelmingly supported Democratic candidates. Participation by felons, Messrs. Uggen and Manza estimated, also would have allowed Democrats to win a series of key U.S. Senate elections, thus allowing the party to control the Senate continuously from 1986 until at least this January.
http://www.opinionjournal.com/diary/?id=110006382
Posted by: Jack | May 21, 2010 at 09:19 PM
Now consider Florida, which disenfranchises not only prisoners but those who have already served their time. Our work suggests that if that state's 613,000 former felons had been permitted to vote — and even if you factor in a far-lower-than-expected turnout rate than the general population — Al Gore would have defeated George W. Bush by about 60,000 votes and would have been elected president.
http://www.longviewinstitute.org/perspectives/comments/debt_paid/
Posted by: Jack | May 21, 2010 at 09:23 PM
Who is this new troll named Jack?
Posted by: Not Larry Sabato | May 21, 2010 at 09:23 PM
The article cited by "Jack" is 7 years old and no longer reflects current law. Florida restored voting rights in 2007.
Posted by: Mark | May 21, 2010 at 10:03 PM
The demographics of criminals have changed that much in seven years? What's your source for that assertion, Mark?
Posted by: Jack | May 21, 2010 at 10:18 PM
Well, I suppose it's easy to process applications when the default is "denied". This is good news only if McDonnell can demonstrate a fair, expedient, and transparent process of deciding which individuals to re-enfranchise. No more traffic ticket disqualifications like in the Kaine administration, hopefully.
Posted by: Mike | May 21, 2010 at 11:49 PM
I really don't understand why we want to restore voting rights to someone who obviously makes monumentally bad decisions. Is it any wonder felons vote overwhelmingly for Democrats?
Ever heard of REDEMTION?
Posted by: martha | May 22, 2010 at 06:28 AM
REDEMPTION...sorry!
Posted by: martha | May 22, 2010 at 06:32 AM
1.an act of redeeming or the state of being redeemed.
2.deliverance; rescue.
3.Theology. deliverance from sin; salvation.
4.atonement for guilt.
5.repurchase, as of something sold.
6.paying off, as of a mortgage, bond, or note.
7.recovery by payment, as of something pledged.
8.conversion of paper money into specie.
http://dictionary.reference.com/browse/redemption
4, 5, and 6 seem like they might be relevant. Is this the "they paid their debt, so we should now let them make monumentally bad decisions for the rest of us, too" argument?
Posted by: Jack | May 22, 2010 at 08:40 AM
There are many people who never have committted a felony( or at least have never been caught) who make monumental mistakes and bad decisions daily ( think BP and the oil spill...did you watch 60 minutes?). So yes.... they should be allowed to vote. Why is it that VA is one of only 2 ( I think) states that doesn't allow automatic restoration of voting rights?
Posted by: martha | May 22, 2010 at 11:44 AM
It's that "they have never been caught" part that is the key. When they are caught, then we should keep them from making monumentally stupid decisions for the rest of us.
Posted by: Jack | May 22, 2010 at 03:39 PM
I did not assert that the demographics had changed. I said that Florida law had changed. You really need to read more carefully.
In 2007, Gov Crist (R) pushed through new proceedures for restoring voting rights. (Murderers and sex offenders are not eligible for restoration). 138000 people had their rights restored in the first two years of the program. http://www.nytimes.com/2009/03/12/us/12inmates.html
You really should read a post before you write a snarky reply.
Posted by: Mark | May 23, 2010 at 12:29 AM
My apologies, Mark. I misunderstood you. The fact remains that the vast majority of felons who vote vote for Democrats.
It also remains that it is a bad idea to have people with a proven record of monumentally bad decision making making decisions for the rest of us.
Posted by: Jack | May 23, 2010 at 10:18 AM