By: The Humanization Project ...the authors/champions of the (original, including everyone) ESC expansion bill, and coauthors of 2nd Look and Anti-Profiteering bills, among others.
Not good enough but more years are about to be earned back by more people than ever in VA’s history. The original version (without exclusions) of the ESC bill doing that was written by people behind bars. Point being, you CAN make reform, and you CAN write your own bill.
So, where do you start?
#1 PICK ONE PROBLEM TO SOLVE — Be specific: not just “get people out,” but “provide incentives to EARN release sooner.” Be realistic: it won’t succeed unless it sells to average people.
#2 FIND/STUDY EXISTING RELATED LAWS — Practice the structure, language and style and avoid creating contradictions. Use the Law Library! Most criminal justice laws are in sections 18.2, 19.2, 52, 53.1 and 60. Looking here will provide a map and starting point.
#3 FIND/STUDY PAST SUCCESSFUL BILLS — See how they related to the existing law. Mimic their wording and their mindset.
#4 BUILD OFF CURRENT LAWS — Build your idea within the closest existing statute (it’ll be much easier than starting from scratch. Can be a big jump: the old version of ESC law was 3 sentences.
#5 BRAINSTORM ALL NEEDS — Use your team and start with your key elements to fix. Think like an instruction manual! Figure out the details and mechanics to make the process work smoothly. Specifically make sure to consider possible loopholes — for example the ESC expansion (original) stated retroactive, blockedways DOC might drag their feet, alter levels and steal time.
#6 OUTLINE SOLUTIONS — Organize solutions into logical structure. Start broad and then group related details. Use a subsection format similar to existing laws. Again, be specific! Instead of “consider factors since sentencing” but create a list of particular factors that should be considered.
#7 WRITE FULL VERSION — Use your team and expect to write multiple drafts. Use precise and specific language as well as model your work to sound like existing laws (i.e. “shall,” not “should”). Cover every detail of how process will work, but do NOT include “why” the law exists in its language. Once you have a solid draft, get feedback from experienced eyes.
#8 CREATE SUPPORTIVE DOCUMENTS — Write brief (1-2 page) Public Relations documents explaining why this law is needed and useful to show potential supporters. Sell it using popular issues, phrasing, and principles. Use bullet point slogans followed by 1-2 sentence explanations. Include basic values, humanity and simple facts. Different versions should be tailored to different audiences.
#9 SEEK SUPPORT — Legislators must sign on, so seek meetings directly! Go to your district or known criminal justice reformers. Have supporting materials ready. Rally stakeholders online, and when in doubt work with other criminal justice organizations.
#10 PERSISTENCE — Building a law isn’t easy, but it is worth it. Stay focused, professional and persistent and know that delays are not denials.