West Virginians released from prison are not allowed to vote until their parole or probation period is over and their sentence is complete.

Since people can be placed on parole in some cases for up to ten years for low-level offenses, criminal justice advocates said they are effectively barred from civic participation, even as they get jobs and resume community life.

Ashley Omps, criminal justice advocate for the group West Virginia Family of Convicted People, said Senate Bill 235, which restores the right to vote upon physical release from prison, would streamline the process of helping more people become part of their communities.

"If you are reintegrated back out into society, after serving your sentence, probation and parole, you're paying taxes and working, and you're technically a part of society again," Omps asserted. "We just feel like it's your right to be able to vote."

The state also is taking action to reduce its prison population. Lawmakers recently passed Senate Bill 232, which would help divert people with serious mental illness, developmental disabilities and substance use disorders from incarceration, and into appropriate community behavioral-health settings. The bill creates a statewide study group to develop recommendations.

Kenny Matthews, criminal justice advocate for the American Friends Service Committee, said another tool to reduce the number of people in prison is known as earned compliance credit. It is a system which creates "credits" or incentives based on earning a college degree, or other positive actions after prison, resulting in reduced supervision time.

West Virginia lawmakers are considering it, in House Bill 3445, which Matthews argued would benefit communities.

"So, you have the ability to incentivize people to do what's right and what they should do, as well as a mechanism to reduce the caseload and the incarceration rate," Matthews explained.

Research shows states like Maryland and New York have saved money by implementing earned compliance credits.

A controversial new law is set to take effect next week, requiring Hoosiers to upload sensitive documents, including driver's licenses and Social Security numbers, to access adult content online. The measure aims to prevent minors from viewing explicit materials, but it has sparked significant concerns.

Chris Daley, executive director of the ACLU of Indiana, argues the law infringes on constitutional rights by excessively burdening access for Hoosiers.

"You can't do that in a way that impermissibly burdens an adult's access to the same material. And the state can't use a means to limit a minor's access to adult material if there's a less burdensome means available to do so," Daley said.

Indiana Attorney General Todd Rokita supports the law, citing the need to protect children from the psychological impacts of explicit material.

Opponents question the effectiveness of the measure, pointing out that minors could still access adult content through unregulated sites or by using VPNs.

The law also raises concerns about potential censorship of sex education and LGBTQ+ content. Sen. Liz Brown, D-Fort Wayne, chaired the Senate Judiciary Committee when the law made its way through the Statehouse in the 2024 session. She suggests porn sites find it easier to adapt than comply - recently cutting its feed in states such as Louisiana, Mississippi and Utah.

"This isn't about eliminating pornography from the state of Indiana - although I would be OK with this," Brown said. "Pornhub -- and I can't speak for that business -- but they decided that their business model was easier, which would indicate to me that they knew at the time they were operating that they were having minors access their material."

Pornhub and other operators are seeking to block the law, arguing it impinges on adults' free speech and other constitutional rights.


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A new bill that takes effect next Monday will allow incarcerated Mississippians to request an absentee ballot in time for the presidential election on November 5.

House Bill 1406 will impact incarcerated Mississippians who have not been convicted of any of the 23 disenfranchisement crimes to be eligible to participate in the electoral process.

Paloma Wu, deputy director of impact litigation at the Mississippi Center for Justice, said they want all eligible Mississippians to vote because it's better for democracy. She added the Magnolia State has a limited excuse-only absentee ballot, meaning people can vote absentee, but only in specific circumstances.

"Many people who are held in jail and imprisoned in Mississippi are actually eligible to vote. And for one large group of those people, they had no excuse, which would have applied to them," she said.

Wu pointed out that Mississippi has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.

Wu noted those who are convicted of one of 23 disenfranchising crimes in a Mississippi court are automatically banned from voting for life. She added the history behind the disfranchising law was to prevent people of color from voting.

"Our list of disenfranchising crimes was created to target primarily descendants of recently enslaved people back in 1890," she explained.

Wu pointed out that her organization, along with other advocacy groups, Mississippi Votes, Black Voters Matter, and Mississippi Center for Re-Entry, collaborated with the state throughout the 2024 legislative session to get House Bill 1406 passed.

Mississippi's pilot work-release program for incarcerated individuals has been extended to three years.

The program allows qualified participants to gain job skills and earn money while serving their sentence.

Wil Ervin, senior vice president of the advocacy group Empower Mississippi, said the existing law has a pilot work-release program operated by the Mississippi Department of Corrections at the Central Mississippi Correctional Facility. It is limited to only 25 participants, but the expansion of Senate Bill 2445 will include more state and regional correctional facilities.

"Obviously, we recognize the importance of an individual having a job both while they're in prison and when they get out," Ervin pointed out. "Having a job is one of the biggest predictors of recidivism for individuals once they're released from prison."

Ervin noted during the legislative session, his organization worked with the bill's author, Sen. Juan Barnett, D-Heidelberg, and House Corrections Chairperson Becky Curry to expand the program.

They decided to expand this program statewide at the end of the session whenever the conference report from the Joint Legislative Committee on Performance Evaluation and Expenditure Review was released.

He added the working wage participants will receive is higher than the federal minimum wage of $7.25.

"The PEER report that was released last year shows that average wages were $13.35 an hour," Ervin explained. "Under the new bill, 15% goes back to administration of the program; 25% goes towards child support fines, fees, restitution, court costs."

Ervin added 50% goes into a savings account, which will be made available to the individual when they are released. He pointed out another 10% can be used for commissary and incidental expenses while they are in prison.


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