Guns, Prisons, Crime, and Immigration: Difference between revisions

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<big>'''Corporations and their politician allies voted behind closed doors through ALEC to change America's criminal justice system by:'''</big><br>
<big>'''Corporations and their politician allies voted behind closed doors through ALEC to change America's criminal justice system and enrich profits.'''</big><br>


Spotlight on criminal enhancements that benefit corporations
On the surface, many ALEC bills look like basic tough-on-crime legislation, but corporate leaders of ALEC benefit financially from such legislation--meaning that what has been sold to the public as good for public safety was actually pushed by corporations that profit from such changes in the law, without politicians disclosing their corporate allies' financial interest to the public when such bills were introduced.
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'''Spotlight on Gun Bills'''
For many years, until this spring, the National Rifle Association (NRA) actually co-chaired the ALEC "Task Force on Public Safety and Elections." (The election bills are discussed in the section of this site titled "Democracy, Voter Rights and Federal Power.")  ALEC bills include "model" legislation that advances the constitutionality of an individual's right to bear arms (an argument vindicated by a recent ruling of the U.S. Supreme Court).  The legislation also would likely benefit the firearms industry closely connected to the NRA. 


* [http://alecexposed.org/w/images/6/60/7C2-Community_Corrections_Performance_Measurement_Act_Exposed.pdf Enacting new barriers to community-based corrections], which will increase prison populations and the profits of the private prison industry (see also [http://alecexposed.org/w/images/6/6f/7C3-Recidivism_Reduction_Act_Exposed.pdf this bill]).
Bills or resolutions in this area:
 
* [http://alecexposed.org/w/images/0/00/7J11-Resolution_on_Semicopy_Exposed.pdf Oppose bans on semi-automatic firearms] like the one used in the shooting in Arizona that killed nine people and seriously injured Congresswoman Gabrielle Giffords.
 
* [http://alecexposed.org/w/images/3/37/7J10-Resolution_On_Firearms_Purchase_Waiting_Periods_Exposed.pdf Oppose waiting periods for criminal and mental health background checks for firearm purchases].
* Perpetuating the war on drugs through:  
* [http://alecexposed.org/w/images/9/98/7J3-Concealed_Carry_Outright_Recognition_Act_Exposed.pdf Support concealed-carry gun laws] [http://alecexposed.org/w/images/a/a2/7J4-Concealed_Carry_True_Reciprocity_Act_Exposed.pdf see also here].
** [http://alecexposed.org/w/images/e/eb/7D6-Minimum-Mandatory_Sentencing_Act_Exposed.pdf Mandatory minimum sentencing] for drug crimes,
* [http://alecexposed.org/w/images/0/08/7J7-Defense_of_Free_Market_and_Public_Safety_Resolution_Exposed.pdf Oppose efforts by law enforcement] to use their purchasing power get gun manufacturers not to market guns or ammo likely to be used against police, like "cop killer bullets" that pierce armor.
** [http://alecexposed.org/w/images/2/2a/7F4-Drug-Free_Post-Secondary_Education_Act_Exposed.pdf Requiring university students convicted of any drug crime] be suspended and lose financial aid,
* [http://alecexposed.org/w/images/1/15/7J5-Consistency_in_Firearms_Regulation_Act_Exposed.pdf Prohibit local counties or cities] from enacting firearm restrictions ([http://alecexposed.org/w/images/0/09/7J8-Emergency_Powers_Firearm_Owner_Protection_Act_Exposed.pdf or emergency measures that could be abused])
** [http://alecexposed.org/w/images/2/22/7F14-Workplace_Drug_Testing_Act_Exposed.pdf Promoting drug testing in workplaces], and
* [Encourage guns on campus] ([http://alecexposed.org/w/images/4/43/7J9-Resolution_on_Child_Firearms_Safety_Exposed.pdf and for younger kids]).  
** [http://alecexposed.org/w/images/f/f1/7Q5-Suspension_of_Driving_Privileges_Act_Exposed.pdf Suspending driver’s licenses] for all persons convicted of drug crimes.
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Other examples of bills that superficially advance public safety while conveniently increasing industry profits include--
Bills that prop up the for-profit bail bond industry, a long-time ALEC board member, through:
** [http://alecexposed.org/w/images/b/be/7A11-Crimes_With_Bail_Restrictions_Act_Exposed.pdf Expanding the list of offenses] for which a person must pay a for-profit bail-bondsman for their release (see also [http://alecexposed.org/w/images/e/eb/7A9-Bailable_Offences_Act_Exposed.pdf this bill]) [http://alecexposed.org/w/images/2/24/7A1-Alternative_Method_of_Court_Appearances_Act_Exposed.pdf this bill]).
** [http://alecexposed.org/w/images/5/51/7A12-Uniform_Bail_Act_Exposed.pdf Eliminating government agency monitoring pre-trial release of the accused] ([http://alecexposed.org/w/images/8/80/7A10-Citizens_Right_to_Know_-_Pretrial_Release_Act_Exposed.pdf see also here].
** Offering bail bond companies opportunities to avoid paying debts to states by:
*** [http://alecexposed.org/w/images/0/0e/7A4-Bail_Bond_Expiration_Act_Exposed.pdf Allowing debts to expire] or
*** [http://alecexposed.org/w/images/4/41/7A5-Bail_Forfeiture_Notification_Act_Exposed.pdf Imposing notification technicalities] on courts.


* Adding new penalties to retail theft, which will benefit ALEC Private Sector Board Member Wal-Mart, such as:  
Bills that benefit long-time ALEC members of the relatively new, global for-profit prison industry, like Corrections Corporation of American and Wackenhut (now a foreign firm called G4S), by for example:  
** [http://alecexposed.org/w/images/1/13/7B8-Theft_Using_Emergency_Exit_to_Avoid_Apprehension_or_Detection_Act_Exposed.pdf Adding a penalty-enhancer for thieves who use the emergency exit], and  
* [http://alecexposed.org/w/images/e/eb/7D6-Minimum-Mandatory_Sentencing_Act_Exposed.pdf Increasing time served for drug offenses through mandatory minimum sentencing],
** [http://alecexposed.org/w/images/a/a5/7B7-Theft_From_Three_Separate_Mercantile_Establishments_Act_Exposed.pdf Making it a felony to steal from three retail establishments], regardless of the value of the property stolen.
* [http://alecexposed.org/w/images/6/60/7C2-Community_Corrections_Performance_Measurement_Act_Exposed.pdf Creating barriers to alternatives to prison such as community-based corrections programs], which will increase prison populations ([http://alecexposed.org/w/images/6/6f/7C3-Recidivism_Reduction_Act_Exposed.pdf see another example here]), and
* [http://alecexposed.org/w/images/3/31/7L0-Habitual_Juvenile_Offender_Act_Exposed.pdf Treating juveniles like adults] ([http://alecexposed.org/w/images/7/74/7L1-Juvenile_Identification_Act_Exposed.pdf see also here].  


Bills that add new penalties for retail theft, which increase prison population and aid ALEC corporations that are retailers, like corporate board member Wal-Mart, such as:
* [http://alecexposed.org/w/images/a/a5/7B7-Theft_From_Three_Separate_Mercantile_Establishments_Act_Exposed.pdf Making it a felony to steal from three retail establishments], regardless of the value of the property stolen,
* [http://alecexposed.org/w/images/1/13/7B8-Theft_Using_Emergency_Exit_to_Avoid_Apprehension_or_Detection_Act_Exposed.pdf Adding a penalty-enhancer for thieves who use the emergency exit], and
* [http://alecexposed.org/w/images/d/dd/7B5-Organized_Retail_Theft_Act_Exposed.pdf Imposing new regulations on swap meets and flea markets] that may compete with retail stores.
* [http://alecexposed.org/w/images/d/dd/7B5-Organized_Retail_Theft_Act_Exposed.pdf Imposing new regulations on swap meets and flea markets] that may compete with retail stores.


 
Other drug use related bills would [http://alecexposed.org/w/images/2/2a/7F4-Drug-Free_Post-Secondary_Education_Act_Exposed.pdf require that any college student convicted of a drug crime lose financial aid], [http://alecexposed.org/w/images/2/22/7F14-Workplace_Drug_Testing_Act_Exposed.pdf promote drug testing in American workplaces, even if the work has nothing to do with public safety], and [http://alecexposed.org/w/images/f/f1/7Q5-Suspension_of_Driving_Privileges_Act_Exposed.pdf suspend the driver’s license of anyone convicted of a drug crime].
* [http://alecexposed.org/w/images/3/31/7L0-Habitual_Juvenile_Offender_Act_Exposed.pdf Promoting legislation to treat juveniles as adults] and creating new legislation with new penalties for juvenile offenders.  
-----
 
The bills also include anti-immigrant legislation that requires local law enforcement to enforce complex federal law, result in racial or ethnic profiling, and destroy the law enforcement-community relationship (see [http://alecexposed.org/w/images/6/69/7K3-Immigration_Law_Enforcement_Act_Exposed.pdf this bill], [http://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdf this bill], [http://alecexposed.org/w/images/e/ec/7K10-Resolution_to_Enforce_Our_Immigration_Laws_and_Secure_Our_Border_Exposed.pdf this bill], and [http://alecexposed.org/w/images/f/f6/7K12-Taxpayer_and_Citizen_Protection_Act_Exposed.pdf this bill]).
* [http://alecexposed.org/w/images/7/74/7L1-Juvenile_Identification_Act_Exposed.pdf Subjecting juveniles] to the same lineup requirements as adults.  
 
 
-----
-----
Spotlight on the Commercial Bail Bond Industry
The bills would also overturn long-standing rules designed to protect Americans' constitutional rights, including the right to be free from warrantless searches and the right to confront one's accusers, such as legislation to:
* Propping up the commercial bail bond industry that has a record of corrupting the sentencing process, and putting the decision of whether an accused person goes free in the hands of a profit-oriented business, through legislation that:
** [http://alecexposed.org/w/images/b/bc/7D1-Exclusionary_Rule_Act_Exposed.pdf Reverse the "Exclusionary Rule"] for unlawfully obtained evidence and,  
** Attacks efforts to enact evidence-based alternative pre-trial release programs by
** [http://alecexposed.org/w/images/4/46/7D2-Hearsay_in_Public_Hearings_Act_Exposed.pdf Eliminate the rule against hearsay] when determining whether probable cause existed.  
*** [http://alecexposed.org/w/images/5/51/7A12-Uniform_Bail_Act_Exposed.pdf Eliminating  pre-trial release agencies], or
*** [http://alecexposed.org/w/images/8/80/7A10-Citizens_Right_to_Know_-_Pretrial_Release_Act_Exposed.pdf Imposing burdensome reporting requirements].
** Offers bail bond companies opportunities to avoid paying debts to states by:
*** [http://alecexposed.org/w/images/0/0e/7A4-Bail_Bond_Expiration_Act_Exposed.pdf Allowing debts to expire] or
*** [http://alecexposed.org/w/images/4/41/7A5-Bail_Forfeiture_Notification_Act_Exposed.pdf Imposing notification technicalities] on courts.
** [http://alecexposed.org/w/images/b/be/7A11-Crimes_With_Bail_Restrictions_Act_Exposed.pdf Expanding the list of offenses] for which a person must pay a for-profit bail-bondsman for their release (see also [http://alecexposed.org/w/images/e/eb/7A9-Bailable_Offences_Act_Exposed.pdf this bill] and [http://alecexposed.org/w/images/2/24/7A1-Alternative_Method_of_Court_Appearances_Act_Exposed.pdf this bill]).</div>
-----
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Spotlight on NRA bills
Still other bills would aid corporations in other ways, like [http://alecexposed.org/w/images/d/d7/7I1-Mortgage_Fraud_Act_Exposed.pdf bills to punish homeowners] for the mortgage crisis by creating the crime of "mortgage fraud," that focuses primarily on consumers, but no corresponding new crimes for the Wall Street shell game that sank the U.S. economy.
 
</div>
* Supporting the National Rifle Association's agenda through legislation and resolutions that:
** [http://alecexposed.org/w/images/9/90/7J1-Campus_Personal_Protection_Act_Exposed.pdf Puts guns on college campuses],
** Supports concealed-carry gun laws, for example through recognition of concealed carry laws from other states, [http://alecexposed.org/w/images/a/a2/7J4-Concealed_Carry_True_Reciprocity_Act_Exposed.pdf with reciprocity], and [http://alecexposed.org/w/images/9/98/7J3-Concealed_Carry_Outright_Recognition_Act_Exposed.pdf without reciprocity].
** [http://alecexposed.org/w/images/1/15/7J5-Consistency_in_Firearms_Regulation_Act_Exposed.pdf Prohibits local counties or cities] from enacting firearm restrictions.
** [http://alecexposed.org/w/images/0/08/7J7-Defense_of_Free_Market_and_Public_Safety_Resolution_Exposed.pdf Opposes efforts by law enforcement] to use their purchasing power to pursue public safety ends by asking gun manufacturers not to market weapons for criminal use.
** [http://alecexposed.org/w/images/0/09/7J8-Emergency_Powers_Firearm_Owner_Protection_Act_Exposed.pdf Opposes the ability for law enforcement officers to seize guns] and ammunition in declared "states of emergency."
** [http://alecexposed.org/w/images/3/37/7J10-Resolution_On_Firearms_Purchase_Waiting_Periods_Exposed.pdf Opposes waiting periods for firearm purchases].
** [http://alecexposed.org/w/images/0/00/7J11-Resolution_on_Semicopy_Exposed.pdf Opposes bans on semi-automatic firearms] like the one used in the shooting in Arizona that killed nine people and seriously injured Congresswoman Gabrielle Giffords.
** [http://alecexposed.org/w/images/4/43/7J9-Resolution_on_Child_Firearms_Safety_Exposed.pdf Puts guns in kids' hands].
 
 
* Anti-immigrant legislation that requires local law enforcement to enforce complex federal law, encourages racial profiling, and destroys the law enforcement-community relationship (see [http://alecexposed.org/w/images/6/69/7K3-Immigration_Law_Enforcement_Act_Exposed.pdf this bill], [http://alecexposed.org/w/images/2/2d/7K5-No_Sanctuary_Cities_for_Illegal_Immigrants_Act_Exposed.pdf this bill], [http://alecexposed.org/w/images/e/ec/7K10-Resolution_to_Enforce_Our_Immigration_Laws_and_Secure_Our_Border_Exposed.pdf this bill], and [http://alecexposed.org/w/images/f/f6/7K12-Taxpayer_and_Citizen_Protection_Act_Exposed.pdf this bill]).
 
* Overturning common-law rules designed to deter police misconduct and ensure arrests and searches are constitutional, including:
** [http://alecexposed.org/w/images/b/bc/7D1-Exclusionary_Rule_Act_Exposed.pdf Reversal of the "Exclusionary Rule"] for unlawfully obtained evidence and,
** [http://alecexposed.org/w/images/4/46/7D2-Hearsay_in_Public_Hearings_Act_Exposed.pdf Elimination of the "hearsay rule"] when determining whether probable cause existed.
 
* [http://alecexposed.org/w/images/d/d7/7I1-Mortgage_Fraud_Act_Exposed.pdf Blaming homeowners] for the mortgage crisis by creating the crime of "mortgage fraud."
 
 
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Revision as of 03:23, 7 July 2011

ALEC's Efforts to Rewrite Laws about Americans' Rights

Guns, Prisons, Crime, and Immigration
This page documents how bills pushed by ALEC corporations help taxpayers subsidize the profits of the private prison industry by putting more people in jail and keeping them in prison for longer. The bills also would put more guns on streets and interfere with local law enforcement decisions about how best to interact with immigrant communities. Through ALEC, corporations have both a VOICE and a VOTE on specific state laws. Do you?

READ the "Model Bills" HERE

Click here for a zip file of Guns, Prisons, Crime, and Immigration bills


For a full list of bills from this section, click here


For descriptions of some of these bills, scroll down or click here.

How YOU Can Expose ALEC & Share What You Learn

SPREAD THE WORD. Share information about ALEC through Facebook, e-mail and Twitter. Concerned groups and people in every state need this to investigate how ALEC corporations are rewriting laws for their own advantage. And, please join the conversation on Facebook!
EXPOSE ALEC LEGISLATORS. Demand the truth about which politicians in your state are in ALEC. Uncover whether YOUR tax dollars are paying ALEC "dues." Expose politicians who accept “scholarships” from ALEC's corporate-funded coffers for fancy trips.
EXPOSE ALEC'S ROLE IN YOUR STATE HOUSE. Read these corporate-backed "model bills" NOW and cross-check them with bills in your state legislature. Ask your local media to report on what you have found and write your local newspaper.
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Learn MORE about the "Model Bills" ALEC Corporations Are Backing to Rewrite YOUR Rights

The Center for Media and Democracy analyzed the bills ALEC politicians and corporations voted for. More analysis is available below and also at ALEC Exposed's sister sites, PRWatch and SourceWatch.

How Are Corporations Interfering With Our Criminal Justice System?

Corporations and their politician allies voted behind closed doors through ALEC to change America's criminal justice system and enrich profits.

On the surface, many ALEC bills look like basic tough-on-crime legislation, but corporate leaders of ALEC benefit financially from such legislation--meaning that what has been sold to the public as good for public safety was actually pushed by corporations that profit from such changes in the law, without politicians disclosing their corporate allies' financial interest to the public when such bills were introduced.


Spotlight on Gun Bills For many years, until this spring, the National Rifle Association (NRA) actually co-chaired the ALEC "Task Force on Public Safety and Elections." (The election bills are discussed in the section of this site titled "Democracy, Voter Rights and Federal Power.") ALEC bills include "model" legislation that advances the constitutionality of an individual's right to bear arms (an argument vindicated by a recent ruling of the U.S. Supreme Court). The legislation also would likely benefit the firearms industry closely connected to the NRA.

Bills or resolutions in this area:


Other examples of bills that superficially advance public safety while conveniently increasing industry profits include-- Bills that prop up the for-profit bail bond industry, a long-time ALEC board member, through:

Bills that benefit long-time ALEC members of the relatively new, global for-profit prison industry, like Corrections Corporation of American and Wackenhut (now a foreign firm called G4S), by for example:

Bills that add new penalties for retail theft, which increase prison population and aid ALEC corporations that are retailers, like corporate board member Wal-Mart, such as:

Other drug use related bills would require that any college student convicted of a drug crime lose financial aid, promote drug testing in American workplaces, even if the work has nothing to do with public safety, and suspend the driver’s license of anyone convicted of a drug crime.


The bills also include anti-immigrant legislation that requires local law enforcement to enforce complex federal law, result in racial or ethnic profiling, and destroy the law enforcement-community relationship (see this bill, this bill, this bill, and this bill).


The bills would also overturn long-standing rules designed to protect Americans' constitutional rights, including the right to be free from warrantless searches and the right to confront one's accusers, such as legislation to:


Still other bills would aid corporations in other ways, like bills to punish homeowners for the mortgage crisis by creating the crime of "mortgage fraud," that focuses primarily on consumers, but no corresponding new crimes for the Wall Street shell game that sank the U.S. economy.

Some of this Corporate Agenda Has Become Law

Truth in Sentencing & Private Prisons

When current Wisconsin Governor Scott Walker was a state representative, he was an ALEC member and introduced several bills proposed by ALEC, including "Truth in Sentencing" and bills to privatize the state's prison system.

Passed in Wisconsin in 1997, "Truth in Sentencing" requires inmates to serve their full sentence without options for parole or supervised release. The program has inflated prison populations and greatly increased the amount of taxpayer dollars spent on prisons -- in Wisconsin, to an estimated $1.8 billion through 2025. In many states, Truth in Sentencing has increased profits for private prison companies like the Corrections Corporation of America, a member of ALEC's Private Sector board. In 1999, then-Rep. Scott Walker introduced two bills that would allow private prisons in Wisconsin. While those bills did not pass, some inmates were contracted out to private prisons in other states, and the Corrections Corporation of America has registered lobbyists in the state ever since.

A former head of Wisconsin's prison system who is currently a University of Wisconsin Law Professor, Walter Dickey, told American Radio Works it is "shocking" that lawmakers would write sentencing policy with help from ALEC, a group that gets funding, and supposedly "expertise," from a private prison corporation.

"I don't know that they know anything about sentencing," he said. "They know how to build prisons, presumably, since that's the business they're in. They don't know anything about probation and parole. They don't know about the development of alternatives. They don't know about how public safety might be created and defended in communities in this state and other states."

The Wisconsin state legislature apparently recognized the folly of Truth in Sentencing and rolled back the law between 2001 and 2009. When Scott Walker became governor, he reversed this progress and requested legislation to restore the ALEC corporation-supported Truth in Sentencing, despite the costs to taxpayers and despite claiming Wisconsin was "broke." It is unknown whether privatized prisons will soon follow.

To learn more about this story, click here, or here.


The NRA's "Castle Doctrine Act"

In 2011, Wisconsin ALEC members introduced AB-69, a bill nearly identical to the ALEC "Castle Doctrine Act" approved by the National Rifle Association. The bill allows a homeowner to shoot and kill a person they claim is breaking into their home, without fear of civil liability. A marked-up version of AB-69, noting the relevant sections of the ALEC Castle Doctrine Act, can be found here.
Have any of these bills been introduced or enacted in YOUR state? If so, please add that information to the ALEC Exposed page on your state by searching for your state's name in the search engine at the top of this page.

More Helpful Resources

Additional resources on ALEC's corporate agenda:

ALEC Exposed is a project of the Center for Media and Democracy (CMD). CMD does NOT accept donations from for-profit corporations or government agencies. More information about CMD is available here. You can reach CMD's Executive Director, Arn Pearson, via editor AT ALECexposed.org. Privacy policy: Other than material you post to this wiki in your name, our privacy policy is that we will not disclose private personally identifiable information or data about you, such as your name, email address, or other information, unless required by law. On copyright: ALEC Exposed considers contributions to this wiki to be released under the Creative Commons Attribution-ShareAlike 3.0 License or in accordance with law. Information on how to provide us with notice regarding copyright is available at this link. Notices regarding copyright or other matters should be sent to our designated agent, Arn Pearson, via email (editor AT ALECexposed.org).