For decades the prisoners and probationers of Rhode Island have raised their voices of injustice upon deaf ears, with their most glaring example being the State’s ability to incarcerate someone for criminal activity that is dismissed.  But in a sign that this travesty is soon to end, yesterday the General Assembly transmitted the probation “Actual Innocence” reform bill to Governor Carcieri.  He will have five days to either sign it, veto it, or let it pass without his signature.

 Casual observers will wonder, “what’s different this year?”  For starters, this is the first time it has gone to the Governor with time left in the Session for a Veto Override.  But more importantly, two years of vetoes has actually mobilized support rather than deteriorated the merits.  Notably outspoken converts this year include former Attorney General Jim O’Neill and Representative John Carnevale, a long-time Providence police officer.

The stories never stopped coming, to the point that the education was “complete,” and advocates hardly felt the need to highlight individual cases, yet two which could not evade media attention were that of a domestic violence victim (whose abuser would manipulate the system to get her incarcerated), and the scenario of Meko Lincoln, who was framed by a now-exposed drug dealing police officer.

Support in the General Assembly has also increased, evidenced by the 58 votes cast in the House (several were absent)... with only 50 being needed for a Veto Override.  The increasing awareness on the issue belongs to advocates such as Direct Action for Rights and Equality, Open Doors, ACLU, and the Public Defender’s Office.  The smooth sailing through the Statehouse can be attributed to the support from Senate President Teresa Paiva-Weed, Speaker of the House Gordon Fox, House Majority Leader Nick Mattiello, and (of course) the sponsorship of Senator Rhoda Perry and Representative David Segal.

Around the state, particularly in Cranston, 30,000 people have a direct stake in this legislation, with many more having a secondary interest.  What signal will be sent?  Some have turned this into a referendum on the Justice System as a whole, because if “They” can lock you up for something you didn’t do... just because you are on probation... there can be little faith that the subtle and less obvious tensions in the law are treated equitably.  Passage of this law will go a long way in restoring people’s respect for a judicial system and political process that are often targets of criticism.

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