It is expected that the aba research project will create a comprehensive database of collateral consequences, though it will remain for particular jurisdictions to put this data into usable form, and it will have to be updated as new laws are passed and existing laws are amended. In a meeting yesterday with mcgregor smyth, an amazing attorney and advocate who founded the civil legal services division at bronx defenders, and is now the executive director of new york lawyers for the public interest, mcgregor told us about the abas online database of the collateral consequences of specific convictions both state and. Collateral consequences database released by the aba due. Statespecific collateral consequences guides and links to other statespecific resources by the national juvenile defender center. The project will create a userfriendly national database that will allow anyone to pull data on employment consequences. This new resource follows on the heels of similar compilations of collateral consequences that ccrc has developed of federal laws and rules, and of two other state systems wisconsin and vermont the database builds on research originally published in 2014 by the american bar association, brought up to date and restructured to permit more precise searches of the specific activities and. To some users, this resource represents a way to locate particular collateral consequences that may be of interest, or to determine the range of consequences. The criminal justice section currently is working on a research project funded by the national institute of justice to develop a statebystate database of all collateral consequences of. About national inventory of the collateral consequences. Nij, the american bar association aba has developed the national inventory of collateral consequences of conviction, a free, online database that attempts to identify each and every collateral consequences of conviction contained in every jurisdictions laws and regulations, including the u. Users can search by keyword, triggering offense or type of consequence. The american bar association aba has created an interactive online database of ongoing punishment, aka collateral consequences, for each u. The program featured an assortment of perspectives including.
Its an online, searchable database that identifies statutes and regulations that impose collateral consequences in all 50 states, the federal system, the district of columbia, the u. Eeoc explores employers practices regarding former prisoners. The idea for a national inventory of collateral consequences grew from model legislation created by the uniform law commission called the uniform collateral consequences of conviction act. Stakeholders weigh in on collateral consequences at summit. The aba has created and launched the niccc database national inventory of collateral consequences of convictions that collects the law on collateral consequences in the federal system and each of the fifty states. Department of justice, the aba criminal justice section has recently released the c ollateral consequences database to help attorneys and the general public identify crimes which result in regulatory sanctions and restrictions in addition to the sentence imposed by the court. Visit the new national inventory of collateral consequences of. An excerpt from the wsj piece a companion to another article on collateral consequences published the same day, follows.
Internal exile collateral consequences of conviction, aba, 2009 aug. Citing the niccc and the ten thousandplus occupational licensing consequences it catalogs, a new washington post story paints an vivid portrait of how individual collateral consequences can create barriers to redemption and economic and social stability. Aba offers opportunities and resources to address collateral. Bar association aba promulgated aba standards for criminal justice. Inventory of texas collateral consequences maintained by the texas state law library 20 criminal records in the digital age. Collateral consequences separate from and in addition to direct consequences, such as imprisonment, fines and community supervisioncontinue to affect millions of americans who have been convicted of a crime as they attempt to develop productive lives after their release and rehabilitation. The prosecutor should consider collateral consequences of a conviction before entering into a disposition agreement. This statebystate resource compiles all laws and restrictions about ongoing punishments imposed on people because of. The american bar association s criminal justice section won the contract to compile this database and is working to complete the database by april of 2014. Collateral consequences are the additional state andor federal penalties offenders often face once theyve completed their jail sentences. The aba launches the collateral consequences of criminal. Consequences of criminal conviction in the united states. National inventory of the collateral consequences of conviction. Currently the federal collateral consequences and the collateral consequences of seventeen states have been compiled.
Interactive database of collateral consequences prepared by the collateral. The niccc database is the end product of the national institute of justices 2009 grant to the american bar association to produce a searchable, online database of the collateral consequences of a criminal conviction for each jurisdiction in the united states. Citing the niccc and the ten thousandplus occupational licensing consequences it catalogs, a new washington post story paints an vivid portrait of how individual collateral consequences can create barriers to redemption and economic and social stability, both for people with criminal records and their families. Internal exile collateral consequences of conviction, aba. For example, the niccc databases classifies alabamas statute authorizing. Defining collateral consequences collateral consequences are codified in state and federal statutory codes and administrative regulations.
The american bar association is one of the worlds largest voluntary professional organizations, with over 400,000 members and more than 3,500 entities. In the fall of 2009, the national institute of justice awarded the american bar association aba a grant to address this issue and develop a comprehensive national database of consequences on a statebystate basis. With a grant from the national institute for justice as a provision of the court security improvement act, the american bar association criminal justice section created the aba national inventory of the collateral consequences of conviction niccc an online catalog of over 45,000 federal and state statutes and regulations that impose collateral consequences on persons convicted of crimes. Collateral consequences are identified and coded into the inventory database in a threestep process.
Use the categories below to search and view details of policies relating to collateral consequences of a criminal conviction. Aba launches online database of collateral consequences for each u. Its an online, searchable database that identifies statutes and regulations that impose collateral consequences in all 50 states, the federal. The aba uncovered more than 38,000 statutes that contain collateral consequences, said saltzburg, who worked on the aba collateral consequences of conviction project.
Kate adamson et al from the law, criminal justice, and security program, university. The searches themselves limit results from the database in different ways. With a grant from nij, the american bar association aba developed the national inventory of the collateral consequences of conviction, a database containing. Aba has ventured to make information on collateral consequences, or penalties, disabilities, or. The inventory contains information from all 50 states, the district of columbia, puerto rico, the virgin islands and the federal government.
It is committed to doing what only a national association of attorneys can do. Aba study of collateral consequences for criminal convictions. The aba launches the collateral consequences of criminal conviction database. The prosecutor should consider factors listed in standard 34. The aba is among those who support consideration of the uniform collateral consequences of conviction act. In conjunction with the national institute of justice and the u. This article defines and identifies some examples of collateral consequences of a criminal justice conviction and formal sanctions, and it describes a database that contains comprehensive information on the range and nature of these collateral consequences. Collateral consequences of criminal convictions judicial. The uniform law commission says yes, the american bar association says no.
National inventory of the collateral consequences of. Task force probes defense lawyers role after padilla. New online database provides laws, rules on conviction consequences. Cthis one day summit was held at the law offices of jones day near capitol hill, and. Document text this text is machineread, and may contain errors. National policy with respect to collateral consequences is receiving more attention. Collateral consequences in the american states 2 of law, 2007. The consequences of a criminal conviction dont end with the prison sentence served or fines paid. Some collateral consequences serve a legitimate public safety or regulatory function, such as keeping firearms out of the hands of people convicted of violent offenses, prohibiting people convicted of assault or physical abuse from working with children or the elderly, or barring people convicted of fraud from positions of public trust. Through a competitive process, nij awarded a grant to the american bar association aba to undertake the comprehensive, systematic collection of the collateral consequences of conviction for both state and federal offenses in each of the 50 states, the u. Collateral consequences arising from juvenile adjudications collateral consequences that derive from obligations of others e.
The ulcs concern is that restrictions imposed by the aba on access to and use of niccc data are likely to discourage enactments of the uniform collateral consequences of conviction act uccca, a uniform act that the aba itself approved just three years ago. Department of justice, the aba criminal justice section has recently released the collateral consequences database to help attorneys and the general public identify crimes which result in regulatory sanctions and restrictions in addition to the sentence imposed by the court. Identify statutes or regulations that potentially impose collateral consequences, by searching the lexis database with a search string developed with the generous assistance of lexis. Publications national criminal justice reference service. According to the american bar association aba, there are over 46,000 collateral consequences listed in their database many of them unbeknownst to the former offenders until after they leave prison. Beyond the sentence understanding collateral consequences. One of the most important resources for criminal attorneys and clients is the national inventory of the collateral consequences of conviction, a project launched by the aba criminal justice. Juvenile collateral consequences in the united states.
In 2012, congress directed the national institute of justice to collect and study collateral consequences in all u. Aba launches online database of collateral consequences. Collateral consequences are legal and regulatory sanctions and restrictions that limit or prohibit people with criminal records from accessing employment. Through a competitive process, nij awarded a grant to the american bar association aba to undertake a comprehensive, systematic collection of the collateral consequences of conviction for both state and federal offenses in each of the 50 states, the u. New online database provides laws, rules on conviction. In an article posted on may 18, the wall street journal pulled back the curtain on an ongoing dispute between the ulc and the aba over restrictions the aba has imposed on data in the national inventory of collateral consequences niccc. New database created by aba criminal justice section. American bar association, and uniform law commission all have proposed. The searchable database categorizes collateralconsequence laws by.
In celebration of the completion of the national inventory on the collateral consequences of conviction, the aba criminal justice section hosted the national summit on collateral consequences on friday, february 27, 2015 in washington, d. With a grant from nij, the american bar association aba developed the national inventory of the collateral consequences of conviction, a database containing more than 44,000 separate collateral consequences. A great new addition the world of legal research is the recently launched collateral consequences database from the aba. It is intended to help limit collateral sanctions that dont correspond to the nature.
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