House Judiciary Committee Tackles Issues Facing Newly Released Criminals

Sarah Mamula - Talk Radio News Service

The House Judiciary Committee is seeking new approaches to facilitate the reentry of released criminals into society by ending the funding of inefficient programs and diminishing the collateral consequences of conviction that contribute to recidivism.

“Over 95% of currently incarcerated individuals will be released into communities and about 2/3 will recidivate within 3 years,” said Louie Gohmert (R-Texas), Ranking Republican Member of the House Subcommittee on Crime, Terrorism, and Homeland Security.

At a hearing on Wednesday, the barriers facing ex-offenders were discussed, in addition to possible solutions to the issue.

Federal law requires background checks, and mandates disqualification of applicants based on convictions in almost every field of occupation. However, a recent study done by the Department of Justice revealed that 50% of criminal records are inaccurate.

Ex-offenders are also denied access to education education and housing because of criminal records.

Expungement of criminal records, excluding sex offenders, was a widely discussed solution. House Judiciary Committee member Steve Cohen (D-Tenn) proposed the “Fresh Start Act.” If passed, it would expunge the record of individuals convicted of non-violent crimes after a period of 7 years in an attempt to end collateral consequences.

House Judiciary Committee Chairman John Conyers (D-Mich.) reiterated the importance of criminal rehabilitation and reentry into society, and announced his plans for a full committee hearing in Detroit during the recess in August.

Justice may come for 9/11 victims

by Christina Lovato, University of New Mexico-Talk Radio News Service


“In a September 2006 peer-reviewed study conducted by the World Trade Center Medical Monitoring Program, of 9,550 World Trade Center responders, almost 70 percent had a new or worsened respiratory symptom that developed during or after their time working at Ground Zero. Furthermore, another study documented that, on average, a New York City firefighter who responded to the World Trade Center has experienced a loss of 12 years of lung capacity.... The pain and suffering of the living victims of 9/11 is real and cannot be ignored. We, as a nation, must do more,” stated Congressman Jerrold Nadler (D-NY).

Today at a joint subcommittee hearing under the House Judiciary Committee, witnesses testified and spoke in support of H.R. 847, the “James Zadroga 9/11 Health and Compensation Act of 2009.” Under the Act, responders, area residents, workers, and students who were exposed to the catastrophe of the terrorist attacks on the Twin Towers on 9/11 would be provided comprehensive medical treatment. It would also reopen the Victim Compensation Fund so that people can be compensated for their economic losses.

Barbara Burnette who is a former New York City Police Detective retired from the force after 18.5 years of service due to injuries she developed while working for 23 days in total at the World Trade Center site. Burnette was not provided with any respirator or other protection for her lungs and throat and now has been diagnosed with interstitial lung disease, more specifically, hypersensitivity pneumonitis with fibrosis in her lungs. During the time the September 11th Victim Compensation Fund of 2001 was in mode, Burnette was not sick and the fund was closed to all applicants in December 2003. “Along with thousands of other rescue, recovery and construction workers, I have filed an individual lawsuit in the Southern District of New York, seeking redress for my respiratory injuries.... My case is now in its fourth year. It has been a long road, and I can’t tell you that I can see an end,” she said.

Over 2,000 rescue workers were compensated with funds from the Victim Compensation Fund of 2001 at a cost to the taxpayer of about $1 billion of the $7 billion spent, stated Kenneth R. Feinberg, the former Special Master of the Federal September 11th Compensation Fund of 2001. “I had enough problems determining eligibility and compensating 5,300 people back in 2001. Whether or not a fund like this should be reopened and the eligibility criteria expanded to include additional types of injury, that is up to the Congress to decide.... It is really an interesting dilemma for the Congress to consider whether it is appropriate to deal with this unfairness of not compensating some of these rescue workers,” expressed Feinberg.

James Melius, an MD and Administrator for the New York State Laborers’ Health and Safety Trust Fund said that the New York State Workers’ Compensation system is difficult to navigate through and is even worse for World Trade Center related illnesses. “The difficulties there are that these are complicated conditions. Our knowledge of them is evolving over time. We don’t know the prognosis for people. It’s more difficult to provide a proper assessment,” concluded Melius. According to information given by Melius, in New York City, uniformed services workers are, for the most part, not covered under the N.Y.S. Workers’ Compensation system but rather have a line of duty disability retirement system managed by New York City. So if a fire fighter, police officer, or other uniformed worker can no longer perform their duties because of an injury or illness incurred on the job, they can apply for disability retirement which allows them to leave with significant retirement benefits, but if a work-related illness becomes apparent after retirement, no additional benefits, including medical care, are provided.

“In the nearly eight years after 9/11, we have done enough talking. Now it is time to pass H.R. 847, the 9/11 Health and Compensation Act,” concluded Nadler.

38,000 + signatures against Arizona Sheriff brought to DC

by Christina Lovato, University of New Mexico-Talk Radio News Service

“All I want to do is except these petitions, welcome you, advise you that the Department of Justice has an investigation going on surrounding activities in Maricopa County and guess what, your not the only ones that have a sheriff that needs to be investigated in this country.” said Congressman John Conyers (D-MI) at a press conference to present a petition of more than 38,000 signatures calling on the Department of Justice and Homeland Security to investigate Arizona Sheriff Joe Arpaio’s alleged civil rights abuses.

Arpaio has 2,700 lawsuits filed against him and this month the House Judiciary Committee called for the Justice Department to conduct a federal investigation on Arizona Sheriff Joe Arpaio's enforcement tactics.

Congressman Jerrold Nadler (D-NY) expressed that the sheriff's tactics are examples of police power and are a violation of federal law. Nadler said, “In 2009, in the United States, we simply cannot tolerate such patterns of discrimination and denial of due process. Sheriff Arpaio’s malicious and vigilante practices are not immigration enforcement.” stated Nadler.

“We carry the burden of being stuck with this man but it is not an Arizona problem, this is a national disgrace...It can’t be tolerated.” said Congressman Raul Grijalva (D-Ariz.). Grijalva said he never supported the 287(g) program which trains local officers to enforce immigration law. “Put it in the wrong hands, it becomes abusive, discriminatory, and breaks the law and that's what happened here...That particular program, the worst case scenario was in front of you and that Sheriff Arpaio.” he said.

Pablo Alvarado, Executive Director of the National Day Laborer Organizing Network, said that the 287(g) program is the Bush Administration’s failed experiment to outsource federal responsibility and expressed that the change we all voted for last November will soon bring order to the broken immigration system. “We must turn the page and we must together restore the nation’s promise for life, liberty and for the pursuit of happiness for all.” concluded Alvarado.

Musicians demand pay for radio play

Billy Corgan, vocalist and guitarist of the music group Smashing Pumpkins, spoke today before the House Judiciary Committee on behalf of musicFIRST, a coalition of musicians pushing for compensation when their sound recordings are broadcasted. As the law stands, the song writer receives compensation when it is played on AM/FM radio, but the performer does not. Corgan argued, "The decision behind this long-held inequity stems back to 1909 when radio was in its infancy... the old-fashioned radio business has held onto this exemption for over 80 years -- a law made in a bygone era for a set of reasons long past. This landmark exemption however stripped performers of their right to a free market evaluation of the value of their recorded works."

The committee was split on the issue. Chairman Congressman John Conyers (D- MI) spoke strongly in support bill HR 848 which would legally mandate artist compensation for radio broadcasts. He pointed out that only four developed nations in the world do not pay musicians: The US, Iran, North Korea, and China. This, he stated, is not something we should be proud of. He predicted that sooner or later, HR 848 will become a law, and "the sooner, the better."

However, dissenting views were expressed by other members of the committee. Congressman Bob Goodlatte (R-VA) pointed out how radio stations have seen steep decline in revenue during the current economic downturn, and the forecast is that the situation will only get worse. Goodlatte stated that it would be detrimental to apply another fee to small radio stations, in fact, this bill may be "the last straw" which causes small stations to close.

The core of the debate came down to which side receives unfair benefits in this situation; Whether musicians benefit from promotion due to radio play, or radio stations benefit in terms of listenership from playing music. Judiciary Committee ranking member Lamar Smith (R- TX) stated his proposition, "What I propose is that both parties agree to have a third-party entity conduct an objective study of the economic impact of royalty payments on performing artists and radio stations. Stakeholders would offer issues to be evaluated. And at least there will be some quantitative analysis to help mold legislation."

Major hurdles remain in patent reform legislation

Senators Leahy (D-Vt.) and Hatch (R-Utah), along with Congressmen Conyers (D-Mich.) and Smith (R-Tex.), today announced the introduction of major patent reform legislation in both chambers of Congress with bipartisan support. The House and Senate Judiciary Committees have been working on patent reform for the last 4 years, and in the last Congress the House was able to pass the legislation, while it stalled in the Senate. The Congressmen today all expressed hope that the legislation would become law this time around, though all admitted there were major issues to be worked out.

Last time the Senate took up the bill, debate deadlocked over how to reform damage calculations and the handling of inequitable conduct, which occurs when a party tries to enforce a patent it obtained without being completely honest with the U.S. Patent and Trademark Office. While these disagreements are large, all parties today expressed hope. Senator Leahy, asked what had changed since the last time the Senate took up the bill, responded that there is "urgency" to get the bill through. The Senators and Congressmen linked the bill to the economic downturn, saying that reforms were important to improving the economy.

The bill as introduced picks up where discussions left off last time. It includes several major changes, including switching the U.S. to a first-to-file system from a first-to-invent system, creating a post-grant opposition system to allow challenges to patents within 12 months after they have been issued, and eliminating the publication of pending patent claims. Further, it streamlines many of the forms and procedures in the patent application process.

Senate Judiciary Chairman Leahy said that hearings on the new bill will begin next week. Because the bill stalled in the Senate last time, the House Judiciary Committee is waiting for Senate action before bringing the bill up for consideration.