Edward I. Koch
Monday, Jan. 20, 2003

I have two suggestions on how Dr. Bill Frist, the newly elected Senate majority leader, can assist the black and Hispanic communities nationwide.

Frist should begin by pushing through the U.S. Senate the so-called "Second Chance" legislation, which would provide work opportunities for the tens of thousands of discharged prison inmates who have done their time for drug-related crimes.

Specifically, "Second Chance" is an effort to provide assistance to those who have served their time in prison, are non-violent, and are often unable to secure jobs because of the question on almost every job application, "Have you ever been convicted of a crime?"

Those who answer "yes" rarely get a call back. Those who falsely answer "no" are often found out and fired.

Many of these former inmates have served sentences ranging from four to 15 years or more under very tough laws, sometimes referred to as the Rockefeller laws. The Second Chance program is limited to those offenders who are classified as non-violent.

Under existing federal and state law, those using crack as opposed to heroin or cocaine are subject to much harsher mandatory sentences. The drug of choice for blacks and Hispanics has been crack, because it is cheaper than heroin or cocaine. Whites overwhelmingly have opted for the more expensive heroin or cocaine, and as a result large numbers of them have received shorter prison terms including probation.

Recognizing the bias in the law, many federal and state prosecutors have sought to ameliorate the situation by diverting first-time offenders from the criminal justice system to treatment programs. However, this is not enough.

Second Chance, which is backed by me, Professor Charles Ogletree of Harvard University and the Rev. Al Sharpton, would allow state and federal boards to entitle former prison inmates discharged back to society to respond to the potential employer's question with a "no," provided they have obtained a GED, successfully completed drug and alcohol rehabilitation, provided community service and have not violated the law for at least five years after release.

The "no" will, in fact, not be a lie authorized by law, but will be accurate in that the question employers will be allowed to ask will be "Have you ever been convicted of a crime, other than one covered by Section X?" That section number will refer to the Second Chance legislation.

That device, used in order to allow a "no" response without requiring the applicant to lie, was created by the Office of the Counsel to the Governor of the State of New York.

The New York State Assembly has already passed Second Chance legislation, which is supported by Gov. George Pataki. The bill has not been passed by the State Senate and will not be considered until the Senate legislators and the governor agree on the extent of reductions in mandatory sentencing under the Rockefeller laws. When and if that happens, I expect the Second Chance proposal to be enacted as well.

But a federal Second Chance statute is needed in addition to state legislation, since enforcement of the drug laws and sentencing is subject to both jurisdictions. If an ex-con is not to become a recidivist criminal and drug abuser, he will need major emotional support, which generally comes from a family – wife and children.

It is particularly difficult for those with criminal records to marry, because women often will not consider marrying someone who cannot adequately provide for them and a family. Without family support, it is highly likely the former drug offender will soon be back in prison.

If Bill Frist were to lead this fight, he would be advancing the cause of justice while protecting the public from recidivist crime. In addition, he would be earning for the Republican Party the thanks of the black and Hispanic communities, whose sons are being sent to prison in greater numbers than are going on to college.

My second suggestion to Majority Leader Frist is something he is especially well equipped to implement. According to a report provided to the Congress by the Institute of Medicine last March, blacks receive inferior medical care, even when the services provided by doctors are paid for by insurance companies and HMOs.

Surely there are ways to prevent this outrage by making intentional racial discrimination in the delivery of medical care a crime. Another safeguard would be to require insurance companies and HMOs to issue annual public reports comparing the care provided to minorities with that given to whites insured by them.

If Frist successfully implements either or both of these proposals, he will have gone a long way toward dispelling the ill will generated by Trent Lott's racially biased comments, for which Lott was justly forced to vacate his position as Senate majority leader.

Edward I. Koch is the former mayor of New York. His commentary for Bloomberg radio is republished here. You can hear his weekly radio show by clicking here.

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