IowaUnited's Pathways to Freedom

The Issue

"Iowa is the only state in the country that bans voting for life for people convicted of a felony. This draconian policy disenfranchises more than 60,000 Iowans and dramatically impacts communities across the state." -ACLU of Iowa

For far too long the Iowa legislature has remained inept in this blatant disgrace to democracy. The disenfranchisement of felons is a hostile tactic used in conjunction with the modern police state to impede the democratic process, which severely affects Black people at disproportionate rates. Black Iowans make up 3.3 percent of the population but account for 25 percent of Iowa’s prisoners, state, and federal data show. Both Governor Kim Reynolds and the Iowa Senate have the ability to end this injustice. The 88th Iowa General Assembly recently adjourned without the passage of HJR 14, which would amend the Iowa Constitution to remove felonious disenfranchisement. The "next steps are for the 89th Iowa General Assembly (2021 and 2022 sessions) to pass this amendment by the end of the 2022 session. It will then need to go before the subsequent General Assembly (2023 and 2024 sessions) for second passage by the end of the 2024 session before it can go on the ballot for a vote by the people in the 2024 General Election." The bill was intentionally ignored by the 88th Iowa General Assembly in its hasty adjournment. Furthermore, Governor Reynolds has relented her ability to reinstate the voting rights of thousands of Iowans, which could be done immediately via an Executive Order identical to E.O. #42 issued by Governor Vilsack (July 4, 2005). 

1) Iowans believe firmly in the right to vote and support a democratic process that is inclusive to all Americans. We demand an immediate Executive Order from Governor Reynolds in lieu of the inaction on behalf of the Iowa General Assembly. Any future legislation to be passed should exclude requirements of full payment of restitution, court fees, or any other financial imposition which effectively may act as a poll-tax - deemed unconstitutional at the state level in the SCOTUS decision in Harper v. Virginia Board of Elections (1966).

Felonious disenfranchisement works hand-in-hand with the state's stringent cannabis prohibition. This prohibition is disproportionately enforced and penalized, with an ACLU report noting a 7.3x differential in the arrest rates for possession among Black persons. "Iowa is ranked as the fifth-worst in the nation for racial disparities for marijuana arrests...In the age of coronavirus when thousands of Iowans in jails and overcrowded prisons face life-threatening conditions due to the coronavirus pandemic, the report shows that waging the War on Marijuana makes even less sense than ever before. Racial disparities in arrests are not occurring because people of color commit more crimes. The over-policing of Black communities and communities of color, implicit bias in law enforcement, racial profiling, and poverty are often the culprits."

Other key findings of the report include:

-A number of Iowa counties have even more disturbingly high racial disparity rates:

---In Pottawattamie County, a Black person is more than 17 times more likely to be arrested.
---In Dubuque County, a Black person is more than 13 times more likely to be arrested.
---In Scott County, nearly 13 times more likely.
---In Cerro Gordo County, more than 11 times more likely.
---In Linn County, nearly 10 times more likely.

-Cannabis possession arrests are the major driver of drug arrests in Iowa, making up 55 percent of all drug arrests.

Moreover, in a recent poll conducted by Selzer & Co., a majority of Iowans (53%) voiced support for recreational cannabis. With those ages 35 and under, and 35-54, supporting the move 75% and 56% respectively.

Nevertheless, the Iowa legislature continues to sit on its hands and avoid the topic of legalization. While we wait for our legislature to represent us, thousands of Iowans remain in jails and prisons, on probation and parole, and pay off fines and court fees - while our Northern and Southern neighbors have already decriminalized, and states such as Illinois have passed full legalization. This goes without noting the millions of tax-payer dollars that are wasted annually in detaining individuals, which could be better used towards addiction-related services and mental health care.

2) It is time for the Iowa legislature to end the tradition of cannabis prohibition stemming from the antiquated 'tough-on-crime' strategies, which have proven ineffective and wasteful. We desire the decriminalization of cannabis, to a minimum, of up to 40 grams. Furthermore, we expect the expungement of all records for those charged with cannabis-related offenses which would be minimized under the new legislation. In conjunction with decriminalization, the state of Iowa must desist from cannabis testing among (but not limited to) state employees and individuals on probation/parole.

Lastly, we must dismantle the 'School-to-Prison-Pipeline' which is currently thriving in the state. The NAACP notes that "In the last decade, the punitive and overzealous tools and approaches of the modern criminal justice system have seeped into our schools, serving to remove children from mainstream educational environments and funnel them onto a one-way path toward prison. These various policies, collectively referred to as the School-to-Prison Pipeline, push children out of school and hasten their entry into the juvenile, and eventually the criminal, justice system, where prison is the end of the road. Historical inequities, such as segregated education, concentrated poverty, and racial disparities in law enforcement, all feed the pipeline. The School-to-Prison Pipeline is one of the most urgent challenges in education today." According to Nazgol Ghandnoosh at the Sentencing Project "there is a direct link between school discipline and an increased risk of criminal convictions and imprisonment later in life, he said. Contributing to that link: the increasingly common practice of using police to enforce school policies, and inconsistent enforcement of discipline between races." 

Annually, the State of Iowa pays $34,025 per prisoner, while spending $10,313 per K-12 student. The continued de-investment of education by the state of Iowa has led to continuous downsizing throughout all levels of public education in the state. Furthermore, the use of unsafe seclusion, physical restraint, exclusionary discipline practices, disproportionate expulsion and suspension enforcement, all expose children to various forms of trauma, labeling, shame, and humiliation. These children are likely already victims of various forms of trauma and frequently exhibit behavioral outbursts as a result of poor mental health. Children of color are often the victims of teacher bias.

3) The state of Iowa should set forth an array of commitments to dismantle the School-to-Prison-Pipeline in the state. These reforms should include, but are not limited to:

-The removal of School Resource Officers (SROs) as a means to criminalize behavioral infractions.

-The divestment from juvenile detention centers and subsequent reinvestment into in-school mental health services, with a focus on evidence-based-practices. (ex. Positive Behavior Interventions, Supports (PBIS), Comprehensive School Mental Health Systems (CSMHS), and Restorative Frameworks)

-Vote down the passage of Senate File SF 2360, referred to as the “classroom management or school violence” bill, which will remove the ability to include room clears in Individualized Education Programs (IEPs) and allows teachers to physically “relocate” students they perceive as “causing a severe distraction or disruption” with “immunity from disciplinary action.” This bill would "expedite the school-to-prison-pipeline for our students of color given the subjective language leaving open too much room for interpretation of what severe distractions and disruptions are." according to Jennifer Ulie-Wells, Ph.D, the executive director of Please Pass the Love and a school board member.

-Ban the practice of solitary confinement via 'seclusion rooms', given that “bodily confinement of any person should be a last resort to prevent serious harm. That is especially true for children, who may suffer severe mental and emotional effects from physical discipline.” as stated by the Gazette editorial board in response to a ProPublica investigation.

 

We must begin outlining the pathways to freedom for thousands of Iowans who are ensnared by an unjust criminal justice system. These reforms must start at the K-12 level and continue onto those who have yet to be incarcerated, and beyond, to those who have served their sentences. We demand change Iowa!

699

The Issue

"Iowa is the only state in the country that bans voting for life for people convicted of a felony. This draconian policy disenfranchises more than 60,000 Iowans and dramatically impacts communities across the state." -ACLU of Iowa

For far too long the Iowa legislature has remained inept in this blatant disgrace to democracy. The disenfranchisement of felons is a hostile tactic used in conjunction with the modern police state to impede the democratic process, which severely affects Black people at disproportionate rates. Black Iowans make up 3.3 percent of the population but account for 25 percent of Iowa’s prisoners, state, and federal data show. Both Governor Kim Reynolds and the Iowa Senate have the ability to end this injustice. The 88th Iowa General Assembly recently adjourned without the passage of HJR 14, which would amend the Iowa Constitution to remove felonious disenfranchisement. The "next steps are for the 89th Iowa General Assembly (2021 and 2022 sessions) to pass this amendment by the end of the 2022 session. It will then need to go before the subsequent General Assembly (2023 and 2024 sessions) for second passage by the end of the 2024 session before it can go on the ballot for a vote by the people in the 2024 General Election." The bill was intentionally ignored by the 88th Iowa General Assembly in its hasty adjournment. Furthermore, Governor Reynolds has relented her ability to reinstate the voting rights of thousands of Iowans, which could be done immediately via an Executive Order identical to E.O. #42 issued by Governor Vilsack (July 4, 2005). 

1) Iowans believe firmly in the right to vote and support a democratic process that is inclusive to all Americans. We demand an immediate Executive Order from Governor Reynolds in lieu of the inaction on behalf of the Iowa General Assembly. Any future legislation to be passed should exclude requirements of full payment of restitution, court fees, or any other financial imposition which effectively may act as a poll-tax - deemed unconstitutional at the state level in the SCOTUS decision in Harper v. Virginia Board of Elections (1966).

Felonious disenfranchisement works hand-in-hand with the state's stringent cannabis prohibition. This prohibition is disproportionately enforced and penalized, with an ACLU report noting a 7.3x differential in the arrest rates for possession among Black persons. "Iowa is ranked as the fifth-worst in the nation for racial disparities for marijuana arrests...In the age of coronavirus when thousands of Iowans in jails and overcrowded prisons face life-threatening conditions due to the coronavirus pandemic, the report shows that waging the War on Marijuana makes even less sense than ever before. Racial disparities in arrests are not occurring because people of color commit more crimes. The over-policing of Black communities and communities of color, implicit bias in law enforcement, racial profiling, and poverty are often the culprits."

Other key findings of the report include:

-A number of Iowa counties have even more disturbingly high racial disparity rates:

---In Pottawattamie County, a Black person is more than 17 times more likely to be arrested.
---In Dubuque County, a Black person is more than 13 times more likely to be arrested.
---In Scott County, nearly 13 times more likely.
---In Cerro Gordo County, more than 11 times more likely.
---In Linn County, nearly 10 times more likely.

-Cannabis possession arrests are the major driver of drug arrests in Iowa, making up 55 percent of all drug arrests.

Moreover, in a recent poll conducted by Selzer & Co., a majority of Iowans (53%) voiced support for recreational cannabis. With those ages 35 and under, and 35-54, supporting the move 75% and 56% respectively.

Nevertheless, the Iowa legislature continues to sit on its hands and avoid the topic of legalization. While we wait for our legislature to represent us, thousands of Iowans remain in jails and prisons, on probation and parole, and pay off fines and court fees - while our Northern and Southern neighbors have already decriminalized, and states such as Illinois have passed full legalization. This goes without noting the millions of tax-payer dollars that are wasted annually in detaining individuals, which could be better used towards addiction-related services and mental health care.

2) It is time for the Iowa legislature to end the tradition of cannabis prohibition stemming from the antiquated 'tough-on-crime' strategies, which have proven ineffective and wasteful. We desire the decriminalization of cannabis, to a minimum, of up to 40 grams. Furthermore, we expect the expungement of all records for those charged with cannabis-related offenses which would be minimized under the new legislation. In conjunction with decriminalization, the state of Iowa must desist from cannabis testing among (but not limited to) state employees and individuals on probation/parole.

Lastly, we must dismantle the 'School-to-Prison-Pipeline' which is currently thriving in the state. The NAACP notes that "In the last decade, the punitive and overzealous tools and approaches of the modern criminal justice system have seeped into our schools, serving to remove children from mainstream educational environments and funnel them onto a one-way path toward prison. These various policies, collectively referred to as the School-to-Prison Pipeline, push children out of school and hasten their entry into the juvenile, and eventually the criminal, justice system, where prison is the end of the road. Historical inequities, such as segregated education, concentrated poverty, and racial disparities in law enforcement, all feed the pipeline. The School-to-Prison Pipeline is one of the most urgent challenges in education today." According to Nazgol Ghandnoosh at the Sentencing Project "there is a direct link between school discipline and an increased risk of criminal convictions and imprisonment later in life, he said. Contributing to that link: the increasingly common practice of using police to enforce school policies, and inconsistent enforcement of discipline between races." 

Annually, the State of Iowa pays $34,025 per prisoner, while spending $10,313 per K-12 student. The continued de-investment of education by the state of Iowa has led to continuous downsizing throughout all levels of public education in the state. Furthermore, the use of unsafe seclusion, physical restraint, exclusionary discipline practices, disproportionate expulsion and suspension enforcement, all expose children to various forms of trauma, labeling, shame, and humiliation. These children are likely already victims of various forms of trauma and frequently exhibit behavioral outbursts as a result of poor mental health. Children of color are often the victims of teacher bias.

3) The state of Iowa should set forth an array of commitments to dismantle the School-to-Prison-Pipeline in the state. These reforms should include, but are not limited to:

-The removal of School Resource Officers (SROs) as a means to criminalize behavioral infractions.

-The divestment from juvenile detention centers and subsequent reinvestment into in-school mental health services, with a focus on evidence-based-practices. (ex. Positive Behavior Interventions, Supports (PBIS), Comprehensive School Mental Health Systems (CSMHS), and Restorative Frameworks)

-Vote down the passage of Senate File SF 2360, referred to as the “classroom management or school violence” bill, which will remove the ability to include room clears in Individualized Education Programs (IEPs) and allows teachers to physically “relocate” students they perceive as “causing a severe distraction or disruption” with “immunity from disciplinary action.” This bill would "expedite the school-to-prison-pipeline for our students of color given the subjective language leaving open too much room for interpretation of what severe distractions and disruptions are." according to Jennifer Ulie-Wells, Ph.D, the executive director of Please Pass the Love and a school board member.

-Ban the practice of solitary confinement via 'seclusion rooms', given that “bodily confinement of any person should be a last resort to prevent serious harm. That is especially true for children, who may suffer severe mental and emotional effects from physical discipline.” as stated by the Gazette editorial board in response to a ProPublica investigation.

 

We must begin outlining the pathways to freedom for thousands of Iowans who are ensnared by an unjust criminal justice system. These reforms must start at the K-12 level and continue onto those who have yet to be incarcerated, and beyond, to those who have served their sentences. We demand change Iowa!

The Decision Makers

Kim Reynolds
Iowa Governor
Former State House of Representatives
72 Members
Chris Hagenow
Former State House of Representatives - Iowa-43
Ako Abdul-Samad
Former State House of Representatives - Iowa-35
Liz Bennett
Former State House of Representatives - Iowa-65
Former U.S. House of Representatives
3 Members
David Loebsack
Former US House of Representatives - Iowa-2
Cynthia Axne
Former US House of Representatives - Iowa-3
Steve King
Former US House of Representatives - Iowa-4
Former State Senate
32 Members
Jerry Behn
Former State Senate - Iowa-24
Joe Bolkcom
Former State Senate - Iowa-43
Waylon Brown
Former State Senate - Iowa-26
Iowa House of Representatives
2 Members
Timi Brown-Powers
Iowa House of Representatives - District 61
Skyler Wheeler
Iowa House of Representatives - District 4

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Petition created on June 25, 2020