Criminal Rehabilitation Act
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
PREAMBLE: The current NCLB program is extremely flawed. It doesn’t get the right people through, overburdens the courts, and is poorly maintained. This Act will reform the program so it gives criminals a proper way to get a fresh start.
§ 1: The Board and the Program
(a) The Criminal Rehabilitation Program (the “CRP” or hereinafter referred to as “the Program”) shall be established.
(b) The Program shall be managed by the Board of Rehabilitation and Employment of Criminals (the “BREC” or hereinafter referred to as “the Board”).
- The Board shall be chaired by the Attorney General who shall have administrative overview of the Board but equal voting powers as any other Board member.
- The Board shall furthermore be composed of the Governor, the Department of Public Safety Secretary, the Peace Officer Standards and Training Director, and any other persons appointed by the Attorney General and confirmed by the Senate through a simple majority vote.
- The Board shall be authorized to remove any appointed Board member through a supermajority (⅔ or more) vote of all Board members excluding the member which is being removed.
- The Board shall be authorized to blacklist any person from the Board or remove any participant of the Program through a simple majority (½ or more) vote if the person’s participation or a CRP Seal would be a potential threat to state security or if the participant fails to show effort in completing the Program or violates this Act. A blacklist may be removed through a simple majority vote at any time.
- The Board shall have the power to further regulate and make more stringent the requirements of any phase or pathway established by this Act through a unanimous vote.
- Any Board member which fails to vote within twenty-four hours of the vote being initiated shall constitute an abstain vote.
- All votes, processes, and communications of the Board shall be made public information. A publicly accessible mode of viewing a participant’s progress and any other information relevant to the Program shall be created and maintained.
§ 2: Entry to the Program
(a) Any person meeting all of the following requirements may enter the Program:
- Be convicted in a criminal court; or have more than fifty arrest records; or currently have any Public Safety Blacklist and/or any Peace Officer Standards and Training certification suspension or revocation issued by a court order or handed out in response to any criminal court or civil court ruling; and
- Not have been denied or approved a CRP Seal after the Seal Vote more than once before; and
- Not have been removed from the Program (other than through denial or approval of a CRP Seal) more than three times before; and
- Not be lawfully blacklisted from the Program; and
- Have waited at least twenty-eight days since any criminal court conviction or the issuance of any Public Safety Blacklist and/or any Peace Officer Standards and Training certification suspension or revocation issued by a court order or handed out in response to any criminal court or civil court ruling and have waited at least fourteen days since any arrest.
(b) The requirements for entering the Program set in subsection (a) and its clauses shall remain in effect during the participant’s entire stay in the Program. If any of the requirements are not met during the participant’s stay, they shall be removed from the Program.
§ 3: Phase 1 of the Program
(a) Participants must complete Phase 1 of the Program within 30 days of entering the Program.
(b) Phase 1 of the Program shall consist of 3 pathways: the law enforcement pathway, the public employee pathway, and the jurisprudential pathway. Participants shall choose one of these pathways in Phase 1 of the Program and shall complete the respective pathway; however, they may switch pathways at any time during Phase 1 and shall start from the beginning of their newly chosen pathway.
- In order for a participant to complete the law enforcement pathway, the participant must complete three hours of assigned shadowing (in-game observations and following of a patrol) of any law enforcement officer while they are conducting their duties. The Board shall decide the law enforcement agency and/or officer to be shadowed.
- In order for a participant to complete the public employee pathway, the participant shall be employed as a Public Employee for the duration of Phase 1 — with all respective authority, rights, and privileges attached except as restricted by this Act — of either the Department of Transportation or Department of Public Works (to be chosen by the participant). They must pass the required training which other Public Employees receive prior to being employed. After passing necessary training, the participant shall only conduct shifts with the absolute supervision of a supervisory employee. They must complete at least five policy-obedient shifts during Phase 1. At least sixty minutes of shifting shall be recorded by the supervisor or the participant and submitted to the Board.
- In order for a participant to complete the jurisprudential pathway, they must complete and pass any and all legal education classes assigned by the Attorney General or the Prominence College of Law (chosen by the Board). The Attorney General or the Prominence College of Law will have full control over the length and content of the legal education classes, as long as the classes would adequately prepare the participant to pass the bar examination. Upon completion of the legal education classes, which shall last no less than seven days, the participant shall complete and submit the bar examination provided by the Board of Legal Examiners and Ethics (regardless of the date or time bar examinations usually are open for submission) and shall have completed Phase 1 if the participant showed reasonable effort towards passing the bar examination — even if they did not pass.
© Only upon successful completion of Phase 1 shall the participant continue to Phase 2; otherwise, the participant shall be removed from the Program.
§ 4: Phase 2 of the Program
(a) In order for a participant to complete Phase 2 of the Program, they must write an essay to present to the Board. This essay shall include what they learned from their pathway in Phase 1; how they will apply their experience to a future without crime; why they want to be crime-free; and any other reasonable topics the Board wishes to be included in the essay to ensure a fair judgement of the participant’s likelihood to reoffend. Participants shall have 7 days to construct and submit this essay upon entering Phase 2.
(b) Upon submission of the essay, members of the Board may ask questions relevant to the participant’s Program involvement and criminal history. The questioning period may last no longer than 7 days unless longer questioning is further permitted by the participant.
© After the questioning period is completed, the participant shall have completed Phase 2 and shall move to the Seal Vote.
§ 5: Seal Vote
(a) The Board shall initiate a Seal Vote within 24 hours of the completion of Phase 2.
(b) With a ⅔ vote of the Board members, the CRP Seal shall be approved. Should less than ⅔ of the Board vote in favor of the Seal Vote, the CRP Seal shall be denied.
© Participants which have their CRP Seal lawfully approved and have completed the Program pursuant to this Act shall be removed from the Program and shall have: any and all criminal court or civil court rulings sealed; any and all criminal convictions and contempts of court sealed; any and all arrests and citations sealed; any Public Safety Blacklist and/or Peace Officer Standards and Training certification suspension or revocation removed (notwithstanding any court order enforcing the same). Court orders which force any of the above actions not to occur upon a CRP Seal having been lawfully approved shall be considered null and void and such an action may not be compelled by a court order once the CRP Seal is approved for the participant.
(d) Any sealment pursuant to subsection © involving arrests, citations, or court rulings shall be enforced by the Firestone Courts. An automatic expungement shall be submitted and granted for good cause upon a CRP Seal being approved. A ‘sealment’ refers to the removal of the stated information from public viewing and removal of its legitimate status. Court rulings shall merely be clarified to no longer have legitimate status but shall not be removed from public viewing and the same shall apply to other information if not practicable to remove it from public viewing.
(e) Sealed information under this Act may not be prejudicially used against any participant by any governmental agency or department for hiring, terminating, suspending, or otherwise affecting the participant’s rapport. Violation hereof is subject to a participant’s right to challenge the governmental agency or department’s action, whereas a competent court may overrule such an action upon conclusion of a trial.
(f) Persons or entities which fail to properly enforce this Act are subject to civil litigation by any standing party and any reasonable court injunction or order.
(g) Participants which have their CRP Seal denied shall be removed from the Program.
§ 7: Enforcement and Nullification
(a) The No Citizen Left Behind Act shall be declared null and void. Participants of the No Citizen Left Behind Program at the time of nullification shall be removed therefrom and may seek to join the CRP on their own accord.
(b) This legislation shall be enforced by the Attorney General, the Governor, the Department of Public Safety Secretary, the Peace Officer Standards and Training Director, the Department of Public Works, the Department of Transportation, the Department of Justice, the Prominence College of Law, the Board of Legal Examiners and Ethics, the Firestone Courts, and any law enforcement agency.
© This legislation shall go into effect immediately upon passage.
Respectfully submitted to the Congress of the State of Firestone,
District Court Justice thekerbal