:- The Holder Position -:

Re: ILSP refusing to complete the expungement filings.

Just a knee jerk reaction to the article & possible arguments.


The value of rehabilitation, in Washington State the Department of Social and Health Services touts the benefits of dollars spent on rehabilitation, for every dollar spent, 7 dollars is saved in the community. Crime victims costs, investigative & prosecution, incarceration and community supervision (probation & parole).

Motivation for pursuing expungement by convicted person is to shed the stigma a criminal conviction/history carries. For many, if they can't believe they can be forgiven, they may lose what little motivation for change they have. Sometimes that little seed of hope is what nourishes faith. There's not much hope when you're trapped inside a slowly sinking ship.

Vice President Biden has publicly stated that the current administration recognises the need to pursue improving mental health services, and that this administration will encourage efforts of the communities to do so. One of his comments was to "train the trainers". see his last pre-election speech, given Nov. 4.

A big concept relative to Alcoholics Anonymous is , in order to keep your sobriety, you have to give it away, nothing helps the suffering sober alcoholic more than working with another person who is in need. This concept is visible in Washington state's Chemical Dependency programs. A substantially large number of state certified Chemical Dependency Professionals (CDP) have gone through treatment, attend AA or NA, were recruited to serve as Chemical Dependency Professionals and are regarded as a crucial part of succesful rehabilitation. Their federal counterparts are Substance Abuse Professionals (SAP).

As Abe Lincoln said, the best way to eliminate an enemy is to make him your friend.
Criminals are generally regarded as enemies of the state. Doesn't mean 100% will stay friends, but 75-80% are the numbers I have experienced since 1976, that is, for the people who started with a sincere desire to change.

Maybe tie an argument to the current International problem. We want our fellow countrymen and women to be a part of the solution rather than one of the problems that eat up our time and resources

U.S. Supreme Court, Piper v Jaffee, makes many good arguments for the benefit to society for counseling/priveliged communications. Also exemplifies the societal benefits for teaching folks to be good law abiding citizens.

In addition to expungement, Washington has a process for restoring rights, called a Certificte of Rehabilitation, which, by state Rules of Evidence is the equivilent of a governmental pardon in CRIMINAL proceedings. I call it a Judicial Pardon.
State ER 609(c) is patterned after and has nearly identical language as the corresponding federal ER 609. I am currently working on obtaining a state court ruling which can become state law regarding this, and will pass it along as it nears completion. The federal tie in may make it helpful to your state also.
What I need and have not been able to relocate is a U.S.5th District ruling that mandates that a state action to remove state disabilities that were imposed by a state action also removes federal disabilities that were imposed by the state action.

How will ILSP respond to a U.S. court order? Can U.S. Executive action be stimulated?

Maybe Illinois has an official misconduct law. Where a public official refuses to perform a duty required by law, it can be a misdemeanor. but, considering the special aura of reliability a State Police commanding officer and the accompanying political influence, it might be political suicide to pursue such action. However, the state AG may just have enough moxee to pull that off.
If any body does take that approach, please, don't tell him it was my idea. I may not live near Chi-town, however it's reputation is such that I firmly believe that the long arm of Chicago law can reach way out here and pluck me out of whatever hole I may be hiding in!!!!!!!!

Thank you,
Don

I wish to offer to the Illinois State Police and any other Law Enforcement agency, my sincerest apologies for the parting comment of my previous posting.

At this time, with today's occurence, and the loss of those recent fallen, my deepest condolences to their Families and Brethern.