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Florida moves to restore felons’ voting rights

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South Florida Sun-Sentinel

Many Florida felons released from prison could soon have their voting and other civil rights restored under a rule approved Thursday by Republican Gov. Charlie Crist and the state’s clemency board.

All but the most violent felons would avoid a hearing before the board to have their rights restored, which sometimes takes years. To qualify, ex-offenders must have completed their sentences and probation and paid all restitution.

“If we believe people have paid their debt to society, then that debt should be paid in full, and their civil rights should in fact be restored,” Crist said.

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“By granting ex-offenders the opportunity to participate in the democratic process, we restore their ability to be gainfully employed as well as their dignity.”

Under the new process, most convicted felons -- as many as eight out of 10, according to Crist’s office -- will automatically have their rights restored.

People convicted of more violent crimes, such as murder, kidnapping and assault, will still have to go through a hearing, but they will no longer have to wait as many years to obtain one since the backlog of those waiting will be reduced.

State officials vowed to immediately begin combing through the ranks of convicted felons already released from prison to identify those now eligible to regain their civil rights.

Estimates of how many felons have left prison but have not regained their rights vary.

The state estimates 628,000, while restoration advocates say the number is nearly a million.

Advocates for ex-offenders called the decision only a good first step because it did not include automatic restoration to all felons and requires ex-convicts to first pay restitution.

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“If somebody pays their debt to society, then the debt is paid,” said Broward County Public Defender Howard Finkelstein. “I also am not naive to the will of politics. If this is something to get to the rights restoration for all, and you have to compromise a little, then OK.”

The board voted 3-1 for the change. Atty. Gen. Bill McCollum, also a Republican, strongly objected, calling the plan “reckless,” “irresponsible” and “a grave mistake.”

“Wow! God is good,” said the Rev. Kenneth King of Dania Beach, who served time for attempted murder, robbery and battery.

After leaving prison in 1983, King earned bachelor’s and master’s degrees. Until his civil rights are restored he cannot obtain a license to practice occupational therapy, he said.

He works with young felons to help them get their lives back on track and has had a clean record since he got out of prison 24 years ago.

But because King committed a violent crime, he is not eligible for automatic rights restoration. He will have to apply for his rights to be restored and go before the clemency board, a process that could still take years.

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King said he believes he has paid his debt to society and should be given his rights back.

“I’ve been out of prison more than 20 years,” King said.

American Civil Liberties Union attorney Aziza Botchway said she was concerned about the restitution requirement.

“That’s a real catch-22,” she said. “Many ex-convicts can’t pay restitution because they can’t get a job. That’s a big deal.”

Civil rights advocates have sought the change for years, particularly after the disputed 2000 presidential election between George W. Bush and Al Gore, when the state purged from voter rolls many people who had not committed felonies because the state’s database of felons was plagued with errors.

David Dangerfield, chairman of the Republican Black Caucus of Palm Beach County, said he preferred more of a “merit system” for those seeking restoration, requiring them to perform public service and mentor youth to keep them from going to prison.

But he respects Crist’s action.

“Charlie can do the right thing,” Dangerfield said.

“It’s a bipartisan undertaking, bringing Floridians together.”

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