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Cummings, Nadler, Bass, and Booker Reintroduce the Record Expungement Designed to Enhance Employment Act

LOS ANGELES SENTINEL — Representatives Elijah E. Cummings (D-MD), Chairman of the Committee on Oversight and Reform; Jerrold Nadler (D-NY), Chairman of the House Committee on the Judiciary; and Karen Bass (D-CA), Chairwoman of the Subcommittee on Crime, Terrorism and Homeland Security; reintroduced the Record Expungement Designed to Enhance Employment (REDEEM) Act on the last day of Second Chance Month. U.S. Senator Cory Booker (D-NJ) plans to reintroduce the bill in the Senate in the coming weeks.

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By Sentinel News Service

Washington, D.C. (April 30, 2019) – Today, Representatives Elijah E. Cummings (D-MD), Chairman of the Committee on Oversight and Reform; Jerrold Nadler (D-NY), Chairman of the House Committee on the Judiciary; and Karen Bass (D-CA), Chairwoman of the Subcommittee on Crime, Terrorism and Homeland Security; reintroduced the Record Expungement Designed to Enhance Employment (REDEEM) Act on the last day of Second Chance Month. U.S. Senator Cory Booker (D-NJ) plans to reintroduce the bill in the Senate in the coming weeks. The bicameral legislation would ease the barriers to re-entry for formerly incarcerated individuals by expunging or sealing offenses that are committed by a child and providing a way for adults to seal non-violent criminal records.

Providing formerly incarcerated individuals with the tools to effectively reintegrate into society is essential in preventing recidivism. One in three American adults currently has a criminal record. Unfortunately, over two-thirds of formerly-incarcerated people are rearrested within three years. Removing collateral consequences, including barriers to employment, education, and benefits, is one way to address this troubling trend.

“Tragically, in today’s world, a criminal record has become a life sentence carrying with it the possibility —and all too often, the reality— of it negatively affecting one’s employment, housing, access to credit, child support, and so many other issues. We know that sentences issued by our criminal justice system disproportionately affect Americans of color,” said Chairman Cummings. “The bill we introduced today will seal and expunge offenses committed by a child, provide a path for adults to seal their non-violent criminal records to ease re-entry, and help ensure that a criminal record does not become a life sentence. Future generations are counting on us to reform our broken criminal justice system now so they can see a system and an entire country in which they can believe.”

“The REDEEM Act is designed to enhance people’s ability to become productive members of society after serving their time for nonviolent offenses,” said Chairman Nadler. “Specifically, this bill will allow courts an opportunity, through the sealing and expungement process, to restore constitutional rights of individuals with nonviolent drug offenses, which generally pose a barrier for many citizens returning to our communities. It will also preserve an avenue for juveniles to get a fresh start by sealing their record three years after the juvenile serves a term for a conviction of a non-violent offense. These are sensible provisions, which will allow some relief in our efforts to reform our criminal justice system.”

“I’m proud to support this piece of legislation to ensure that after a prison sentence is served, our criminal justice system doesn’t tack on a life-sentence’s worth of obstacles affecting access to housing, employment, and other tools necessary to effectively reintegrate into society,” said Chairwoman Bass. “Successful criminal justice reform must pay close attention to this phase of incarceration in order to reduce recidivism rates in this country. As we continue our fight to reform this broken system, I encourage my colleagues to keep a close eye on how women are disproportionately affected by this system at every turn – from how they initially get entwined, to how they are treated in prison, to what happens when they are released. I look forward to continuing to work on this important issue.”

“The reality of mass incarceration has countless consequences, but when someone has paid their debt to society and returns to their community with hopes of a second chance, they shouldn’t continue to be shackled by our broken criminal justice system,” Senator Booker said. “Our bill will lessen the barriers of re-entry into society for those who have been convicted of nonviolent crimes and help thousands of young people adjust to life outside of prison. The REDEEM Act enacts common sense reforms that will strengthen our communities by helping formerly incarcerated individuals get back on their feet and reducing the rates of recidivism.”

Specifically, the REDEEM Act:

  • Incentivizes states to increase the age of criminal responsibility to 18 years old: Currently, several states have set the original jurisdiction age of adult criminal courts below 18 years old. This sends countless kids into the unforgiving adult criminal justice system. The REDEEM Act incentivizes states to change that by offering preference to Community Oriented Policing Services (COPS) grant applicants to those that have set 18 or older as the age of original jurisdiction for adult criminal courts.
  • Allows for sealing and expungement of juvenile records: The bill would provide for the automatic expungement of records for juveniles who committed non-violent crimes before they turned 15 years old and the automatic sealing of records for juveniles who committed non-violent crimes.
  • Restricts use of juvenile solitary confinement: The bill would end the cruel and counterproductive practice of solitary confinement except in the most extreme circumstances in which it is necessary to protect a juvenile detainee or those around them. When confinement is necessary, the bill places strict time and condition limitations.
  • Offers adults a way to seal non-violent criminal records: The bill provides the first broad-based federal path to the sealing of criminal records for adults. The bill would provide for the automatic sealing of records of non-violent drug offenses. In addition, those who commit other non-violent offenses will be able to petition a court and make their case for the sealing of records. Furthermore, employers requesting FBI background checks will only receive relevant and accurate information – thereby protecting job applicants – because of bill provisions to improve the background check system.
  • Lifts ban on SNAP and TANF benefits for low-level drug offenders: The bill restores access to benefits for those who have served their time for use, possession, and distribution crimes.

The REDEEM Act has been endorsed by the Center for Law and Social Policy, the National Employment Law Project, JustLeadershipUSA, Campaign for Youth Justice, The Sentencing Project, the Leadership Conference on Civil and Human Rights, National Crittenton, and the Interfaith Action for Human Rights.

Click here to read a section by section of the bill.

This article originally appeared in the Los Angeles Sentinel

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Activism

Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

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Alameda County

Alameda County District Attorney Pamela Price Announces $7.5 Million Settlement Agreement with Walmart

The settlement resolves allegations that Walmart unlawfully disposed of hazardous waste and medical waste from its facilities statewide to municipal landfills. Walmart agreed to pay $4,297,040 in civil penalties and $3,202,960 in costs, to be split among the prosecuting agencies, the California Department of Toxic Substances Control, and some local environmental protection agencies. There are nine Walmart stores in Alameda County.

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By Oakland Post Staff

Alameda County District Attorney Pamela Price, the California Attorney General’s Office, and eleven other prosecutors’ offices secured a $7.5 million settlement with Walmart on behalf of the People of the State of California.

The settlement resolves allegations that Walmart unlawfully disposed of hazardous waste and medical waste from its facilities statewide to municipal landfills. Walmart agreed to pay $4,297,040 in civil penalties and $3,202,960 in costs, to be split among the prosecuting agencies, the California Department of Toxic Substances Control, and some local environmental protection agencies. There are nine Walmart stores in Alameda County.

“Large corporations must be held accountable when they do not follow the law and put the health and safety of Alameda County residents at risk,” said Price. “I commend my office’s Consumer Justice Bureau’s active involvement in this investigation, which helped bring this settlement forward and holds Walmart to account.”

The settlement is the result of over 70 covert waste inspections conducted by the district attorneys’ offices statewide from 2015 through 2021, including many assisted by Alameda County District Attorney’s Office environmental protection investigators. During those inspections, the offices inspected the waste that Walmart sent from its stores to local landfills and found hundreds of containers of toxic aerosols and liquid wastes (including spray paints, rust removers, bleach, and pesticides), as well as medical waste (such as over-the-counter drugs).

Improperly disposed of private consumer information was also found.

The People filed a civil law enforcement complaint against Walmart in 2021, wherein those unlawful disposals were alleged to violate the Hazardous Waste Control Law, Medical Waste Management Act, and Unfair Competition Law.

The civil action and stipulated judgment were filed in Alameda County Superior Court. The Alameda County District Attorney’s Office has been involved in the investigation and civil case preparation since 2015.

The settlement also imposes injunctive terms, which require Walmart to maintain an independent, third-party auditor to conduct three annual rounds of waste audits at its facilities throughout California during the next four years. Walmart’s auditor must use specific requirements in the settlement to ensure that hazardous waste is properly classified, handled, disposed of, and transported according to California law.

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Activism

Black Tulip Calls for Action and a Cultural Shift in Oakland for Black Women’s Safety

Anyka Howard, founder of the Betti Ono Foundation and visionary of Black Tulip, expressed the core value of the movement and urgent need for change. “We’re not going to tolerate Oakland being a hotbed for dysfunction and violence, and perpetuating harms against Black women and girls,” Howard said. “We deserve better, we are worthy, our lives matter, and it’s time for us to boldly, and collectively proclaim that and expect the appropriate response.”

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Jada Imani and another Black Tulip attendee building an altar at the Lake Merritt Amphitheater in honor of artist Zoe Reidy Watts, 25, who was killed in Oakland in March. Courtesy photo.
Jada Imani and another Black Tulip attendee building an altar at the Lake Merritt Amphitheater in honor of artist Zoe Reidy Watts, 25, who was killed in Oakland in March. Courtesy photo.

By Kristal Raheem
Special to The Post

Last week, Oakland City Council voted to adopt a resolution supporting the federal Protect Black Women and Girls Act, (H.R. 7354). The federal law would establish an interagency task force to examine the experiences of Black women in U.S. society, from education to health care to jobs to housing.

A 2020 study by the Congressional Black Caucus Foundation reported that 40% of humans being trafficked in the U.S. are Black women. In 2022, the FBI reported 97,000 Black women were missing. That same year in Oakland, 400 Black women were reported missing.

Anyka Howard, founder of the Betti Ono Foundation and visionary of Black Tulip, expressed the core value of the movement and urgent need for change. “We’re not going to tolerate Oakland being a hotbed for dysfunction and violence, and perpetuating harms against Black women and girls,” Howard said. “We deserve better, we are worthy, our lives matter, and it’s time for us to boldly, and collectively proclaim that and expect the appropriate response.”

The Council vote on Oct. 15 was just the latest reflection of a blossoming movement in Oakland demanding greater protection for Black women and girls.

From Oct. 3-5, the Betti Ono Foundation, in partnership with the Black Arts Movement Business District and Community Development Corporation (BAMB CDC), hosted their inaugural Black Tulip Cultural Week of Action.

The Black Tulip event series included a write-in at the BAMB CDC, an Oakland’s First Friday partnership, and a Day of Action at Lake Merritt.

Howard said everyone must support Black Tulip’s mission, regardless of race and other social identities. She specifically called for men to show up more as allies.

West Oakland native and founder of Black Terminus AR, Damien McDuffie, said the Town’s “pimp culture” has warped how Black women are treated. “Oakland has a complex history around sexual assault and pimp culture, so I think we have a warped sense of what safety might look like, especially for women and girls,” Damien saud. “I think a real impact on how women are treated here in Oakland or in the Bay Area will come from a culture shift.”

The Black Tulip Day of Action took place on Saturday, Oct. 5. Healers, poets, and musicians joined forces to amplify joy, remembrance, and hope.

Oakland educator and healer Venus Morris co-hosted the event alongside honorary guest speaker and singer Dawn Richard.

Richard is the artist relations director with the Hip Hop Caucus, an organization that helps artists use their platform to advocate for important issues. She is also one of 120 people being represented in a lawsuit against Sean “Diddy” Combs for alleged sexual assault and abuse.

Despite the media frenzy regarding the legal case, Richard showed up in Oakland to stand in solidarity for the mission of Black Tulip. “I think our narrative has been stolen from us,” Richard said. “We’ve lost the narrative of what we represent in this culture and in this society. We are more and I think this event exemplifies that.”

Participants gathered to honor the lives of Black women who lost their lives to violence while also celebrating one another as the journey for justice continues.

“We are the mothers, the womb of this earth. There is no America, no globalization, no capitalism, without us,” Howard told Oakland Voices. “People are taught to see us in a particular way that does not honor who we are. Black Tulip is a reclamation of our sacredness. It’s an affirmation, a calling, a demand.”

This story was initially published by Oakland Voices (http://oaklandvoices.us). The author previously worked as a communications and public relations manager for Councilmember Treva Reid. 

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