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Statute

 

Civil Rights Amendments HA-27-8-07

 

To amend the Civil Rights Act at Title 42 of the United States Code at 1980 and 1997k

 

Be it enacted in the House and Senate, Assembled, Referred to the Judiciary Committees

 

Human Rights Amendment

 

To amend the first section of the Civil Rights Act at Title 42 USC Chapter 21 Subchapter I General Principles 1980

 

A. Human rights are indispensable and fundamental to civil rights, democracy and the rule of law. It is imperative that USA ratify, uphold and enforce the International Bill of Rights comprised of three treaties and optional protocols:

 

1. Universal Declaration of Human Rights of December 10, 1948,

2. International Covenant on Economic, Social and Cultural Rights of 3 January 1976, ratified 5 October 1977

3. International Covenant on Civil and Political Rights of 23 March 1976, ratified 8 September 1992

 

a. Optional Protocol of 23 March 1976 relating to the Human Rights Council

b. Second Optional Protocol aiming at the abolition of the death penalty of 15 December 1989

 

B. The death penalty was abolished by the Supreme Court of the United States in Furman v. Georgia 408 U.S. 238 (1972) when it was ruled that the then existing laws governing the use of capital punishment in the USA were unconstitutional. This decision however failed to sway the legislature and the deviant practice was begun again in 1976 and must again be abolished.

 

1. The US executed juveniles in violation to Art. 6(5) of the International Covenant on Civil and Political Rights 2200A (XXI) 1966 until Roper v. Simmons No. 03-633 Argued October 13, 2004--Decided March 1, 2005 abolished the death penalty for juveniles.

 

2. As of 6 Dec. 2005 1002 prisoners had been executed in the USA.

 

C. The Human Rights Council (HRC), is led by a High Commissioner of Human Rights who heads the Office of the High Commissioner for Human Rights (OHCHR). There are 7 Committees that accept reports filed by Member nations and with the ratification of the Optional Protocol, from citizens.

 

1. Human Rights Committee was established in Part IV of the International Covenant on Civil and Political Rights of 23 March 1976

2. Committee on Migrant Workers was established in Part VII of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 18 December 1990

3. Committee on Economic, Social and Cultural Rights (CESCR), unlike the other committees, was not established by its corresponding instrument - the International Covenant on Economic, Social and Cultural Rights of 3 January 1976

4. Committee on the Elimination of Discrimination against Women (CEDAW), was established in Part V of the Convention on the Elimination of All Forms of Discrimination against Women 3 September 1981.

5. Committee on the Right of the Child (CRC) was established in Part II of the Convention on the Rights of the Child of 2 September 1990

6. Committee on the Elimination of Racial Discrimination (CERD) was established in Part II of the International Convention on the Elimination of all Forms of Racial Discrimination of 4 January 1969

7. Committee against Torture (CaT) was established pursuant to article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 26 June 1987

 

D. To fully uphold the Human Rights Council for their citizens the US must ratify the Optional Protocols to confer these rights to the individual.

 

1. Optional Protocol to the International Covenant on Civil an Political Rights of 23 March 1976 relating to the Human Rights Committee

2. Optional Protocol to the Convention on the Elimination of all Discrimination against Women of 22 December 2000

3. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 February 2003

10 Year Community Based Corrections Equality Plan Amendment

 

To amend 42 USC Chapter 21 Subchapter I-A Institutionalized Persons 1997k

 

A. The United States is estimated to detain over 2.2 million prisoners. The US has the highest density of prisoners in the world with an estimated 724 per 100,000, 0.7%. Between 1980 and 2004 the prison population of the United States of America has quadrupled from a healthy 225 per 100,000 in 1981 to 724 per 100,000 in 2004.

 

1. In 1981 there were only 503,586 prisoners 1,118,097 on probation and 220,438 for a total of 1,842,100 people under some sort of criminal justice surveillance.

2. In 2004 there were 713,990 people in jail and 1,421,911 in prison for a total number of adult criminal detainees of 2,135,901 the most in the entire world and 4,151,125 people on probation and another 765,355 on Parole for a total of 6,996,500 under some form of criminal justice surveillance.

 

B. In both legislative and litigate practice Criminal sentences must be adjusted downward rather upward, mandatory minimum schemes eliminated and acquittals the norm for most crimes where there are significant mitigating factors. Blakely v. Washington No. 02-1632 of June 24, 2004

 

1. Communities must strive to detain not more than the legal limit of 250 prisoners per 100,000 citizens (0.25%). This is calculated by adding the local jail, federal prison and state prisoner populations from any given county, multiplying by 100,000 and dividing that by the total population of that county.

2. To achieve a prison population of less than one million, safely, the US must release more than 1 million prisoners, to community based corrections programs, over a period of 10 years.

3. Every year the US must declare no less than 100,000 fewer prison beds than the year before, for 10 years, to uphold this Act in good faith.

 

C. Whereas 250 prisoners per 100,000 citizens is the legal limit for incarceration in any jurisdiction safeguards must be put in place to prevent politicians whose jurisdictions are over the limit from seizing high office on the power of the corruption of prison.

 

1. Wherefore politicians from jurisdictions over the legal limit of 250 prisoners per 100,000 citizens shall not be permitted to run for high office in the federal or state government.

2. Exceptions can be made for politicians whose community corrections plans make substantial progress towards achieving the legal limit.

 

Estimated Need for Community Corrections

 

Certain states saw more significant changes in prison population in 2006. Georgia had the biggest decrease, losing 4.6%, followed by Maryland with a 2.4% decrease and Louisiana with a 2.3% drop. Montana and Kentucky were next in line with increases of 10.4% and 7.9%, respectively. In South Dakota, the number of inmates increased 11% over the past year, more than any other state. The State by State Prison Brief reveals that Texas, and Louisiana, have the most serious problems with prison population rates over 1,000 prisoners per 100,000 citizens. Maine is the only State to have a prison population less than 300 per 100,000.

 

State by State Detention and Need for Community Corrections 30.6.2005

 

Rank

Correction

Agency

Total Prison Pop. in

1999

State Prison Pop.

Local Jail Population

per 00,000

Executions since 1976

Estimated Need for Community Beds/Houses

 

US Military

25,000

 

 

 

0 yes

 

 

Federal

179,220

N/a

N/a

58

3

 

1

Maine

3,608

2,063

1,545

273

0

303/12

2

Minnesota

15,422

8,399

7,023

300

0

2,570/102

3

Rhode Island

3,364

N/a

N/a

313

0 yes

677/27

4

Vermont

1,975

N/a

N/a

317

0

417/17

5

New Hampshire

4,184

2,456

1,728

319

0

905/36

6

Massachusetts

22,778

10,159

12,619

356

0

6,782/271

7

North Dakota

2,288

1,344

944

359

0

695/28

8

Iowa

12,215

8,578

3,637

412

4,803/192

9

Nebraska

7,406

4,308

3,098

421

3

3,008/120

10

West Virginia

8,043

3,966

4,077

443

0

3,504/140

11

Hawaii

5,705

N/a

N/a

447

0

2,614/101

12

Washington

29,225

16,532

12,693

465

4

13,512/541

13

Utah

11,514

4,775

6,739

466

5,337/214

14

New York

92,769

63,234

29,535

482

 0 yes

44,652/1,786

15

Illinois

64,735

44,669

20,066

507

12 

32,814/1,313

16

Montana

4,923

2,658

2,265

526

2

2,583/103

17

Oregon

19,318

12,769

6,549

531

2

10,223/409

18

New Jersey

46,411

28,790

17,621

532

 0 yes

24,601/984

19

Connecticut

19,087

N/a

N/a

544

 1

10,315/413

20

Ohio

65,123

44,270

19,853

559

19

35,998/1,440

21

Kansas

15,972

9,068

6,904

582

0 yes 

9,111/365

22

Pennsylvania

75,507

41,052

34,455

607

 3

44,409/1,776

23

North Carolina

53,854

36,683

17,171

620

39

32,139/1,286

24

South Dakota

4,827

3,395

1,432

622

0 yes 

2,887/115

25

Maryland

35,601

23,215

12,386

636

5

21,606/864

26

Indiana

39,959

22,392

17,567

637

16 

24,277/971

27

District of Columbia

3,552

N/a

N/a

645

 0

2,175/87

28

Wisconsin

36,154

21,850

14,304

653

 0

22,313/893

29

Michigan

67,132

49,014

18,118

663

 0

41,818/1,673

30

Arkansas

18,693

12,568

6,125

673

27

11,749/470

31

California

246,317

164,179

82,138

682

 11

156,025/6,241

32

Wyoming

3,515

1,964

1,551

690

2,242/90

33

Alaska

4,678

4,613

65

705

0

3,019/120

34

Missouri

41,461

31,000

10,461

715

66 

26,964/1,079

35

Kentucky

30,034

13,273

16,761

720

 2

19,605/784

36

Colorado

33,955

20,317

13,638

728

 1

22,295/892

37

Tennessee

43,678

19,445

24,233

732

 1

28,761/1,150

38

Nevada

18,265

11,155

7,110

756

11

12,225/489

39

Virginia

57,444

31,020

26,424

759

94

38,523/1,541

40

New Mexico

15,081

6,567

8,514

782

 1

10,260/410

41

Idaho

11,206

7,419

3,787

784

 1

7,633/305

42

Arizona

47,974

32,495

15,479

808

 22

33,131/1,325

43

Delaware

6,916

N/a

N/a

820

 14

4,808/192

44

South Carolina

35,298

23,072

12,226

830

 35

24,666/987

45

Florida

148,521

84,901

63,620

835

60

104,054/4,162

46

Alabama

40,561

25,418

15,143

890

34

29,168/1,167

47

Oklahoma

32,593

23,008

9,585

919

79

23,727/949

48

Mississippi

27,902

16,480

11,422

955

 6

20,597/824

49

Texas

223,195

156,661

66,534

976

355

166,024/6,641

50

Georgia

92,647

47,682

44,965

1,021

39

69,962/2,799

51

Louisiana

51,458

19,591

31,867

1,138

 27

40,154/1,606

 

US Totals 

2,193,798
                

1,259,905 

747,529 

737

1002 as of 6 Dec. 2005

1,449,633/

57,985

 

Sanders, Tony J. title24uscode@aol.com