Hospitals & Asylums
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
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 |
Estimated Need for Community Beds/Houses |
|
|
|
US Military |
25,000 |
|
|
|
0 yes |
|
|
|
179,220 |
N/a |
N/a |
58 |
3 |
|
|
|
1 |
3,608 |
2,063 |
1,545 |
273 |
0 |
303/12 |
|
|
2 |
15,422 |
8,399 |
7,023 |
300 |
0 |
2,570/102 |
|
|
3 |
3,364 |
N/a |
N/a |
313 |
0 yes |
677/27 |
|
|
4 |
1,975 |
N/a |
N/a |
317 |
0 |
417/17 |
|
|
5 |
4,184 |
2,456 |
1,728 |
319 |
0 |
905/36 |
|
|
6 |
22,778 |
10,159 |
12,619 |
356 |
0 |
6,782/271 |
|
|
7 |
2,288 |
1,344 |
944 |
359 |
0 |
695/28 |
|
|
8 |
12,215 |
8,578 |
3,637 |
412 |
0 |
4,803/192 |
|
|
9 |
7,406 |
4,308 |
3,098 |
421 |
3 |
3,008/120 |
|
|
10 |
8,043 |
3,966 |
4,077 |
443 |
0 |
3,504/140 |
|
|
11 |
5,705 |
N/a |
N/a |
447 |
0 |
2,614/101 |
|
|
12 |
29,225 |
16,532 |
12,693 |
465 |
4 |
13,512/541 |
|
|
13 |
11,514 |
4,775 |
6,739 |
466 |
6 |
5,337/214 |
|
|
14 |
92,769 |
63,234 |
29,535 |
482 |
0 yes |
44,652/1,786 |
|
|
15 |
64,735 |
44,669 |
20,066 |
507 |
12 |
32,814/1,313 |
|
|
16 |
4,923 |
2,658 |
2,265 |
526 |
2 |
2,583/103 |
|
|
17 |
19,318 |
12,769 |
6,549 |
531 |
2 |
10,223/409 |
|
|
18 |
46,411 |
28,790 |
17,621 |
532 |
0 yes |
24,601/984 |
|
|
19 |
19,087 |
N/a |
N/a |
544 |
1 |
10,315/413 |
|
|
20 |
65,123 |
44,270 |
19,853 |
559 |
19 |
35,998/1,440 |
|
|
21 |
15,972 |
9,068 |
6,904 |
582 |
0 yes |
9,111/365 |
|
|
22 |
75,507 |
41,052 |
34,455 |
607 |
3 |
44,409/1,776 |
|
|
23 |
53,854 |
36,683 |
17,171 |
620 |
39 |
32,139/1,286 |
|
|
24 |
4,827 |
3,395 |
1,432 |
622 |
0 yes |
2,887/115 |
|
|
25 |
35,601 |
23,215 |
12,386 |
636 |
5 |
21,606/864 |
|
|
26 |
39,959 |
22,392 |
17,567 |
637 |
16 |
24,277/971 |
|
|
27 |
3,552 |
N/a |
N/a |
645 |
0 |
2,175/87 |
|
|
28 |
36,154 |
21,850 |
14,304 |
653 |
0 |
22,313/893 |
|
|
29 |
67,132 |
49,014 |
18,118 |
663 |
0 |
41,818/1,673 |
|
|
30 |
18,693 |
12,568 |
6,125 |
673 |
27 |
11,749/470 |
|
|
31 |
246,317 |
164,179 |
82,138 |
682 |
11 |
156,025/6,241 |
|
|
32 |
3,515 |
1,964 |
1,551 |
690 |
1 |
2,242/90 |
|
|
33 |
4,678 |
4,613 |
65 |
705 |
0 |
3,019/120 |
|
|
34 |
41,461 |
31,000 |
10,461 |
715 |
66 |
26,964/1,079 |
|
|
35 |
30,034 |
13,273 |
16,761 |
720 |
2 |
19,605/784 |
|
|
36 |
33,955 |
20,317 |
13,638 |
728 |
1 |
22,295/892 |
|
|
37 |
43,678 |
19,445 |
24,233 |
732 |
1 |
28,761/1,150 |
|
|
38 |
18,265 |
11,155 |
7,110 |
756 |
11 |
12,225/489 |
|
|
39 |
57,444 |
31,020 |
26,424 |
759 |
94 |
38,523/1,541 |
|
|
40 |
15,081 |
6,567 |
8,514 |
782 |
1 |
10,260/410 |
|
|
41 |
11,206 |
7,419 |
3,787 |
784 |
1 |
7,633/305 |
|
|
42 |
47,974 |
32,495 |
15,479 |
808 |
22 |
33,131/1,325 |
|
|
43 |
6,916 |
N/a |
N/a |
820 |
14 |
4,808/192 |
|
|
44 |
35,298 |
23,072 |
12,226 |
830 |
35 |
24,666/987 |
|
|
45 |
148,521 |
84,901 |
63,620 |
835 |
60 |
104,054/4,162 |
|
|
46 |
40,561 |
25,418 |
15,143 |
890 |
34 |
29,168/1,167 |
|
|
47 |
32,593 |
23,008 |
9,585 |
919 |
79 |
23,727/949 |
|
|
48 |
27,902 |
16,480 |
11,422 |
955 |
6 |
20,597/824 |
|
|
49 |
223,195 |
156,661 |
66,534 |
976 |
355 |
166,024/6,641 |
|
|
50 |
92,647 |
47,682 |
44,965 |
1,021 |
39 |
69,962/2,799 |
|
|
51 |
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