Delaware Senate panel OKs ‘ban the box’ bill

Proposal would prevent higher institutions from asking about past criminal convictions

By Matt McDonald
Posted 6/8/22

A Senate committee voted Wednesday to approve a piece of legislation that would prevent colleges and universities from asking applicants about past criminal convictions, with a few …

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Delaware Senate panel OKs ‘ban the box’ bill

Proposal would prevent higher institutions from asking about past criminal convictions

Posted

A Senate committee voted Wednesday to approve a piece of legislation that would prevent colleges and universities from asking applicants about past criminal convictions, with a few exceptions.

Senate Bill 13 would enact a so-called “ban the box” rule at places of higher education — a reference to the place on many college applications where a prospective student might disclose and explain prior felony convictions or, at some institutions, any prior criminal conviction at all — something the bill’s prime sponsor, Sen. Marie Pinkney, D- Bear, said intimidates applicants who have gone through the justice system.

The bill would apply to all postsecondary education institutions that receive state money, such as state universities, as well as private institutions with a physical campus in Delaware. Under the legislation, schools would still be able to ask about convictions for crimes such as stalking, sexual assault and other similar offenses.

The bill “is an attempt to remedy what I consider gaps and failures in the way we do criminal justice or justice reform in this state,” Sen. Pinkney said. “The sentencing is supposed to be the punishment for a crime and yet too often we continuously punish people once they’ve served their time by placing roadblocks in their access” to things such as housing and education. This piece of legislation, she said, would remove an obstacle to the latter.

Institutions would be able to ascertain the past criminal convictions of students who decide to apply for certain academic programs, such as teacher preparation programs, where individuals in that profession must be licensed or certified by the state. This information would be used solely to advise students considering these career paths; many state professional licenses and certifications can be denied on the basis of a criminal record.

Sen. Colin Bonini said he supported the aims of the bill, agreeing with Sen. Pinkney that past convictions for less severe crimes shouldn’t be a “scarlet letter.” He argued, however, that academic institutions should know if someone has multiple felony convictions, saying it is “incredibly important information to have.”

Sen. Laura Sturgeon, D-Woodbrook, the committee chair, responded, saying that it “makes us all safer” when people are able to reenter and become productive citizens — which can often mean getting an education.

The bill received support from a range of organizations, including an addiction help and recovery group, Delaware Technical Community College and the American Civil Liberties Union of Delaware.

“A person’s whole life should not be defined by their worst mistake,” said Haneef Salaam, manager of the Campaign for Smart Justice at the state ACLU chapter. “A staggering number of Americans find themselves locked in a paper prison, unable to employment, housing, voting educational opportunities and more due to their past contact with the justice system.”

With the committee’s release of the bill, it will now head to the Senate for a floor vote.

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