STATE EASES FELONS' BURDEN

The Governor And Cabinet Say New Rules Will Make It Easier For Felons To
Get Their Rights Restored. Critics Say The Changes Don't Go Far Enough

TALLAHASSEE - Gov. Jeb Bush and the Cabinet approved new rules Thursday
they said would make it faster and easier for some felons to regain their
civil rights and reduce a waiting list.

They acted amid a continuing groundswell of criticism over Florida's status
as one of seven states that does not automatically restore civil rights to
felons after their sentences.

Much of the criticism has been aimed at Bush, who chairs the clemency board
and has said more felons than ever have regained their rights during his
six years in office.

"We've made an effort to streamline the process," Bush said. He said the
changes would trim a backlog of 4,000 clemency petitions by about a third.

The American Civil Liberties Union, which has accused officials of using
the clemency rules to suppress the right to vote, called the new steps
window dressing.

"This is more the appearance of reform than genuine reform," said Howard
Simon, executive director of the ACLU of Florida. "The magnitude of the
problem in Florida called for dramatic and meaningful reform, and what we
got was the appearance of reform."

The rights felons must get restored include voting, owning a firearm,
holding a professional license and serving on a jury. The ACLU has asked
the state to restore those rights when a felon's sentence is completed.

The number of felons petitioning for clemency is increasing. The board
hears about 200 cases a year, so it would take 20 years at the current rate
to eliminate the waiting list.

Meeting as the Board of Executive Clemency, Bush and three elected Cabinet
officials approved three major changes:

Eliminate some factors that automatically disqualify a felon from
requesting clemency without a hearing, such as denial of a previous
clemency petition.

Automatically restore the rights of felons who have not committed a crime
for five years, unless they were convicted a specific violent crime.

Automatically restore the rights of any felon who is crime-free for 15 years.

Bush said he will ask the Legislature for money to hire more state workers
to process clemency petitions faster.

The other clemency board members are Attorney General Charlie Crist, Chief
Financial Officer Tom Gallagher and Agriculture Commissioner Charlie
Bronson, all Republicans.

Crist and Gallagher, potential 2006 candidates for governor, spoke in favor
of the new rules.

Gallagher called on the Parole Commission to notify every felon whose
sentence ended at least 15 years ago that they can get their rights back
without a hearing.

"I think we need to take the offensive," Gallagher said. "The bottom line
is, they're not going to know unless we do something."

Thursday's new rules came at the end of three hours of emotional testimony
from dozens of ex-cons who have waited years for their clemency petitions
to reach the governor. None would have been affected by the new rules.

Some say they want to own a firearm so they can take their sons or
grandsons hunting.

Others say a restoration of rights will enable them to get a job that
requires a state license, such as repairing roofs or installing burglar alarms.

On case after case, Bush asked pointed questions.

"Are you drug- and alcohol-free?" he asked a man. "So why did you do it?"
he asked another. "Don't make me wrong," he told one ex-con after granting
clemency that was not recommended by the Parole Commission.

One of those who regained his civil rights was Joseph Reilly, 58, of
Madeira Beach, whose marijuana smuggling conviction led to five years in
federal prison and five more on parole and a year of supervised release,
which ended in 2002.

Reilly, a former commercial fisherman who works as a long-haul
tractor-trailer driver between Florida and Michigan, has waited two years
for his case to be decided. Bush and the board approved his petition in
seconds. He was Case No. 57 of 99 on the agenda.

"I'm kind of happy about it," Reilly said afterward. "I just want to be
able to vote, and being somewhat normal is kind of nice."

The ACLU's Simon said the state's get-tough policy on clemency prevents
thousands of felons from living productive lives.

"It's not only about voting. It's about working," Simon said. "Any waiting
period delays the period of time when people could get back to work and be
productive citizens.