AUSTIN, Texas - Legislation introduced this week in the U.S. Senate gives hope to some foreigners on death row in U.S. prisons - but it may come too late for Humberto Leal Garcia, a Mexican scheduled for execution next month in Texas.

The Consular Notification Compliance Act would ensure that courts follow an international law that says people arrested on foreign soil are entitled to assistance from their home countries. Leal's lawyers are filing motions today in federal court, hoping to delay his execution so that he may benefit from the legislation if and when it becomes law.

Christopher Durocher, government-affairs counsel at The Constitution Project, supports the measure, adding that consular access is critical if justice is to prevail for foreign nationals.

"When you're brought into a foreign criminal-justice system, your lack of understanding about how that system works - to navigate that system effectively - can really have a negative impact on your ability to defend yourself."

Durocher says he's fearful that if the United States doesn't uphold its treaty obligations, other countries will view consular access for Americans as optional. More than 6,600 U.S. citizens were arrested abroad last year.

Leal is a perfect example of someone whose conviction deserves review, Durocher says, because his lack of consular access clearly impacted his ability to receive a fair trial. His execution, Durocher adds, would not come as welcome news to the 172 other signatories of the Vienna Convention on Consular Relations.

"The United States criminal justice system is upheld as sort of a model of fairness and justice, a truth-seeking system. Our refusal to honor consular access would really reflect poorly in the international community."

If federal courts fail to block Leal's execution, Durocher says, Gov. Rick Perry should grant him a reprieve - at least until the Consular Notification Compliance Act goes into effect. Leal has always maintained he's innocent of the rape and murder of a Texas teen-ager in 1994. His attorneys say he had shoddy representation, which failed to produce a variety of mitigating facts and evidence.

More information on the legislation, which was introduced by Sen. Patrick Leahy, D-Vt., is online at humbertoleal.org. The text of the bill is at leahy.senate.gov.


get more stories like this via email

Mississippi prisons often lack resources to treat people who are incarcerated with substance-use disorders adequately but a nonprofit organization is offering alternative programs focused on treatment instead of incarceration.

The Magnolia State has one of the highest incarceration rates in the nation, with more than 1,000 people per 100,000 residents behind bars.

Christina Dent, founder and president of End It For Good, said they invite people to support approaches to drugs prioritizing life, preserving families and promoting public safety.

"We do education out in the community - with citizens, with advocates, with policymakers - to help them understand why a punitive criminal justice approach to drugs and addiction has not produced good results and why a health-centered approach would produce much better results," Dent explained.

It is estimated more than 578,000 people in state and federal prisons in 2022 had a substance-use disorder in the year prior to their admission, according to the Prison Policy Initiative.

Dent emphasized they recommend lawmakers look at other alternatives to stop reactionary approaches resulting in Mississippians paying harsher penalties for crimes such as drug possession.

"Shift away from increasing penalties," Dent urged. "Another thing that we could do would be to reduce penalties or recategorize penalties for something like drug possession. We would love to see a shift from treating drug possession as potentially a felony to drug possession being a misdemeanor. "

Dent noted such an alternative approach would allow individuals impacted to more easily regain employment, support their families and reintegrate into society. She added felony convictions create lifelong barriers to employment and self-sufficiency.


get more stories like this via email

April is Second Chance Month and many Nebraskans are celebrating passage of a bipartisan voting rights restoration bill and its focus on second chances.

Legislative Bill 20 restores voting rights to those convicted of a felony upon completion of their sentence, eliminating the two-year waiting period.

Jason Witmer, policy fellow at the ACLU of Nebraska, said the change will promote success for formerly incarcerated Nebraskans. He pointed out it also will increase the likelihood of the state meeting the objectives Gov. Jim Pillen and the Department of Corrections have committed to.

Nebraska became the fourth state to join "Reentry 2030," a national initiative of the Council of State Governments focused on strengthening programs and removing obstacles for those reentering society after incarceration.

"The more somebody can have their rights in place for them, the more invested they are in the society," Witmer contended. "The more invested you are in your community and your society, the more likely you are to succeed. And the right to vote is fundamentally part of reintegrating into society. It's your civil voice."

Reentry 2030 aims to have all 50 states commit to improving outcomes for formerly incarcerated people. Nebraska's goals include increasing GED completion and college coursework by those in Nebraska prisons, and reducing recidivism 50% by 2030.

Pillen allowed the measure to become law but stated it contains "potential constitutional issues" which could lead to a legal challenge.

Nebraska's recidivism rate for those who left prison between 2019 and 2022 was nearly 30%.

Witmer noted it is at least partly attributable to the challenges people face upon leaving incarceration.

"You did the time, and then you come out and find out, 'Oh, I can't vote. Oh, housing is almost impossible to get. Oh, I can't work here,'" Witmer outlined. "Suddenly you don't feel like you're a part of any of this."

Across the country, 37 other states restore voting rights to those charged with a felony either immediately after incarceration or after completing parole or probation. Two states and the District of Columbia allow people to vote while incarcerated.

A new website aims to help Kentuckians just out of prison re-enter their communities and find job training, employment and recovery services.

April is Second Chance Month - and according to the Prison Policy Initiative, about 60% of formerly incarcerated individuals are jobless.

Gov. Andy Beshear said the website - secondchance.ky.gov - is meant to cut bureaucracy around job searching, and tie resources together in one spot to make it easier for people to get back on their feet.

"We are not our worst day," said Beshear. "When we look at how many people have a criminal record in Kentucky, this is the right thing to do. But it's also necessary from a workforce standpoint."

In 2021, lawmakers passed legislation that tasked the Kentucky Department of Corrections with issuing certificates of employability to people who successfully complete programs while incarcerated.

It also helps increase access to state-issued IDs for those leaving prison.

The website includes information on resume help, job searches and local reentry services.

Beshear said eventually, the site will contain a comprehensive list of employers - such as Kentucky State Parks, which is a participant in second chance employment.

"If they need to find resources on how to get that next level of education or workforce training," said Beshear, "and then ultimately be able to see a list of employers that are willing to look at them for second chance employment."

Businesses in the Commonwealth can also find information about programs that can aid in hiring and retaining more second-chance employees - including the Fair Chance Academy, Kentucky Transformational Employment program, Prison-to-Work Pipeline, and Jobs on Day One programs.