Cummings Urges Maryland Governor Larry Hogan To “Leave No Stone Unturned” In Review of Barriers to Reentry

Washington, D.C. (December 21, 2015) — Today, Congressman Elijah E. Cummings (D-MD) sent a letter to Maryland Governor Larry Hogan to urge the Governor to “leave no stone unturned” in his Administration’s review of the barriers formerly-incarcerated Maryland residents face when trying to reenter society. 

“All too often, a criminal record is like a life sentence,” Cummings wrote. “For formerly-incarcerated individuals trying to rebuild their lives, a criminal record can be a barrier to accessing employment, housing, professional licensure, transportation, and the ballot box.” 
 
In December 2014, the Vera Institute of Justice released a report, stating that: “Research shows that recidivism is reduced and communities are made safer not by rendering the millions of people with criminal records second class citizens, but by supporting their transition and reintegration into the community.” 

In Maryland, there are over 1,000 provisions that create legal barriers for those with criminal records, according to the American Bar Association’s National Inventory of Collateral Consequences of Conviction. These consequences prevent many Maryland residents from voting, gaining employment, starting a business or obtaining student loans. 

Cummings urged the working group to thoroughly analyze all of Maryland’s regulations and laws that create these barriers, writing, “I encourage the group to leave no stone unturned in determining where and how these policies can be safely modified so that those with criminal records can fully contribute to their communities. Maryland can no longer afford to tolerate unnecessary obstacles for so many of its citizens seeking to move beyond their pasts.”

Cummings is a leader in Congress’s bipartisan push to reform our nation’s criminal justice system and remove barriers to reentry. He is the lead House sponsor of the bipartisan, bicameral Fair Chance Act, which would bring fair chance hiring policies to the federal government by preventing agencies and prime federal contractors from asking about applicants’ criminal histories until the end of the hiring process. He is also an original cosponsor of the Second Chance Reauthorization Act, which provides grants to organizations doing reentry work in their communities; the Democracy Restoration Act, which would prohibit states from taking away federal voting rights due to criminal histories; and the REDEEM Act, which would provide a process for the sealing or expungement of some criminal records and loosen restrictions on benefits for ex-drug offenders.

Click here to view the letter, the full text follows:

December 21, 2015

The Honorable Larry Hogan
Governor of Maryland
100 State Circle
Annapolis, MD 21401

Dear Governor Hogan:

I am writing to express my strong support for state-level efforts to reduce any negative and unnecessary collateral consequences associated with criminal records in Maryland. 

I was disappointed earlier this year when I learned that you vetoed legislation (HB 980) passed by the General Assembly of Maryland that would have allowed formerly-incarcerated Maryland citizens to vote as soon as they return to our communities.  In order for those who have done their time to truly become contributing members of our society, we must secure their right to be active participants in our democracy.  However, I have been encouraged to learn that you have convened a multi-agency working group to examine and recommend changes to regulations and laws that result in unnecessary collateral consequences for individuals with criminal records.  I commend you for this effort, and look forward to monitoring its progress.

All too often, a criminal record is like a life sentence.  For formerly-incarcerated individuals trying to rebuild their lives, a criminal record can be a barrier to accessing employment, housing, professional licensure, transportation, and the ballot box.  These collateral consequences can make it harder for those with criminal records to become contributing members of their communities, ultimately increasing their risk of recidivism.  

As the Vera Institute of Justice concluded in a report from December 2014: “Research shows that recidivism is reduced and communities are made safer not by rendering the millions of people with criminal records second class citizens, but by supporting their transition and reintegration into the community.”

In November, President Barack Obama made a similar announcement about examining rules at the federal level that could be changed to help level the playing field for the formerly incarcerated seeking employment:

The problem we’re trying to solve here is giving people a foundation through which they can then become productive citizens . . . The goal is to prevent crime.  The goal is to make sure that folks are fairly punished when they break the law.  But the ultimate goal is to make sure that folks are law-abiding, self-sufficient, good citizens.  And everything we do should be designed towards that goal.  And if we’re doing a good job there, then crime will go down and it will stay down.

In addition to urging President Obama to carry out this work, I have introduced the Fair Chance Act (H.R. 3470), which would bring fair chance hiring policies to the federal level by preventing the federal government and prime federal contractors from asking about applicants’ criminal histories until the end of the hiring process.  

I have also supported bills that work to break down barriers facing those with criminal records, including the Second Chance Reauthorization Act (H.R. 3406), which provides grants to organizations doing reentry work in their communities; the Democracy Restoration Act (H.R. 1459), which would prohibit states from taking away federal voting rights due to criminal histories; and the REDEEM Act (H.R. 1672), which would provide a process for the sealing or expungement of some criminal records and loosen restrictions on benefits for ex-drug offenders. 

According to the American Bar Association’s National Inventory of the Collateral Consequences of Conviction, Maryland has at least 1,000 provisions that create “legal sanctions and restrictions imposed upon people because of their criminal record.”  I encourage the group to leave no stone unturned in determining where and how these policies can be safely modified so that those with criminal records can fully contribute to their communities.  Maryland can no longer afford to tolerate unnecessary obstacles for so many of its citizens seeking to move beyond their pasts.

I am proud that Maryland has been a leader as one of the 19 states across the country that have taken steps to remove barriers to employment for qualified workers with criminal records.  I look forward to learning about the working group’s efforts and its recommendations for the State of Maryland, and I plan to monitor its progress closely.  

Thank you again for your attention to this very important initiative.

Sincerely,

Elijah E. Cummings
Member of Congress