Transcript Overview of the Legal Consideration Providers and VRCs

Overview of the Legal
Consideration Providers
and VRCs should know
when working with
Offenders
Stephan Haimowitz, J.D.
Burton Blatt Institute at Syracuse
University
October 19, 2011
2
Disability & Criminal Justice
Mental Illness / Substance Use
• Significant percentage of arrestees, county jail
•
detainees, state prisoners
 Increasingly Iraq / Afghanistan veterans, actual
numbers unknown
Research continues on complex interplay between
disability & crime
 Treatment/services are effective for many
 Criminogenic factors predominate for others
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Criminal Justice System
• Arrest
•
•
 Fingerprints = a record
 Pretrial detention – local jail
Adjudication
 Issues of evidence and constitutional rights
 Plea Bargain - focused on the immediate, serious
impacts
Sentencing
 Probation - instead of incarceration
 State prison, followed by Parole
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Impacts of “having a record”
Numerous, long term and significant
• Voting
• Credit
• Child custody
• Housing
• Employment
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Public Housing
• Lifetime Ban: Meth production in Fed assisted housing
Lifetime Sex Offender Registrants
• 3 Year Ban: Evicted from Fed assisted housing for a
drug crime
• Local Discretion: establish and apply standards
no one’s drug / alcohol use disrupts other residents
HUD Secretary Donovan’s 6/7/11 Letter to PHAs:
“ encourage you to allow ex-offenders to rejoin their
families… Consider all factors which indicate a
reasonable probability of favorable future conduct, such
as willingness to participate in counseling”
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Employment Dilemma
• Applicant discloses record: employer won’t hire
• Worker who didn’t disclose: fired for “false job
application”
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Availability of Criminal Records
• On government websites
• From numerous private “background search”
companies
• From the 3 national credit reporting agencies
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Controversies
• High recidivism rate vs. predicting individual behavior
• Protecting vulnerable population
• Civil Rights issues
• Both state and federal policies are evolving
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Article Example Number One
Judge Supports Soldier With Police Record
Seeking to Join Force
New York Times, November 14, 2008 Page A-25
http://www.nytimes.com/2008/11/14/nyregion/14
soldier.html
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Rethinking Long-Term Impacts
• NY Judge Henry Kron (sent Hernandez to jail in
2002):
• “The whole point is for someone who’s made a mistake
to have a chance to reclaim their life.”
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Civil Rights Law
• Rejecting applicants on basis of arrests without
•
•
conviction
 Has a “disparate impact” on minorities
US Equal Employment Opportunity Commission
 Informal Guidance Letters
 Lawsuits in Maryland and Michigan
Advocates filed Complaints with US DOL June, 2011
 One-Stops acceptance of Job Postings with “Felon
Bans” is illegal
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Strategies for Service Providers
• Connect with local criminal justice programs
 Negotiate working arrangements
 Cross train
 Identify operational contact people
• Help clients address “having a record.”
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Diversion and Reentry
Disability services - criminal justice collaboration
• Agencies often struggle serving many of the same people
• Employment - key element in recovery
http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/tool
kits/employment/
Diversion
• Getting people into treatment services
• SAMHSA funds a range of program models
 Police Training/Jail Screening
Reentry
• 2nd Chance Act (2008) Lowering job barriers can lower
•
recidivism
US DOJ grants to encourage collaboration
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Locate Local Diversion/Reentry
Programs
• National GAINS Center
•
(800) 311-GAIN
http://www.gainscenter.samhsa.gov/html/
Council on State Governments’ Consensus
Project
(212) 482-2320
http://consensusproject.org/
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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How Can a Record be
Addressed?
1. Expunge or Seal Records
2. Public employment / licensure
3. Federal Bonding and Tax Incentives
4. Prepare thoroughly for job applications & interviews
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Expungment Tools for
Individuals
• Most but not all states have in one form or another
•
•
 Expungment / Sealing / Set Aside / Certificate of
Rehabilitation
Requirements vary greatly
 offences which are eligible
 mandatory waiting period
 certain jobs / licenses are excluded
Procedures are generally similar
 Filing a court petition, with records attached, attend
hearing
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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1st Step: Review State law and
Person’s Records
• Find Law
•
•
http://criminal.findlaw.com/crimes/expungement/expungem
ent‐state‐info.html
Hire Network
http://www.hirenetwork.org/resource.html
Federal Fair Credit Reporting Act
If employer plans to take “adverse action” based at all on
a credit report, they must first give the person:
Copy of the report
“Summary of Consumer Rights,” including error
correction
http://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.s
htm
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Note Public
Employment/Licensing Rules
Example: Florida
• A person is disqualified only if he/she has a conviction
for:
 A felony
 1st degree misdemeanor that is “directly related” to
the specific position or license
• Florida Gov. Scott singed law 6/21/11 relaxing the rules
 Offender is not required to first obtain a restoration of
civil rights
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Federal Bonding Program
• Funded by US Dept of Labor. Operated at state level
•
 Program information
http://www.bonds4jobs.com/index.html
Bond gives employers incentive to hire “at risk”
individuals
 Covers loss up to $5K loss from employee dishonesty
 Free to employer for 6 months, then she/he can
purchase
 Relatively simple application process – contact state
coordinator
 Since established in 1966, 99% success rate (43,000
bonds issued)
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Employer Tax Incentives
Work Opportunity Tax Credit
• $2,400 generally for each new adult hire
 Ex-felon: individual who was convicted of a felony and
who is hired not more than one year after the
conviction or release from prison.
• $4,800 for each new disabled veteran hire
• $9,000 for each new long-term TANF recipient hired over
a 2-yr. period.
 http://www.doleta.gov/bu
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Job Applications & Interviews
• Prepare to handle the criminal record question
 Don’t leave application blank or write “will discuss at
interview,” “an injustice”
 Do practice interviews
 Go beyond “felon friendly” employers
• Answer what is asked truthfully
 know the differences - felony, offense, misdemeanor,
disorderly person
 conviction includes suspended sentence, fines, probation,
parole
 pre-trial detention does not mean there was a conviction
• Give a summary of the offense
 Be brief, accept responsibility
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Job Applications & Interviews
(cont)
• Fully explain what’s changed & provide documentation
• Military service
•
•
 Rehabilitation / treatment
 Education / work
 Community service / church involvement
Provide Federal Bonding information
 State coordinator’s name, phone and email
 Program form and description
If not hired, send a letter recounting the above, refer to
state law if relevant, and request reconsideration
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Summing Up
• Strategies and resources exist
• A more balanced policy is slowly changing
 “Ban the Box” laws eliminate “Have you ever been . . .
“ from application form
 “Second Chance Act” (2008) - new direction in
federal policy
 State governments looking at the evidence
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Article Example Number Two
Business Day –The New
York Times –Tuesday
January 25, 2011 (B1)
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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The Reality
• These clients face and present difficult challenges
• Escaping criminal justice involvement is possible but
difficult
• Making the effort can have significant benefits
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
26
For More Information
Steve Haimowitz
Burton Blatt Institute at Syracuse University
email: [email protected]
(315) 744-4139
Chip Kenney
TACE Southeast Center Region IV
email: [email protected]
(904) 372-0456
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Resources
National H.I.R.E. Network
http://www.hirenetwork.org
National Transitional Jobs Network
http://www.heartlandalliance.org/ntjn
National Reentry Resource Center
http://www.nationalreentryresourcecenter.org
Washington State Employment Re-Entry Guide
http://www.wa.gov/esd/oes/docs/ReEntryGuide8-30.pdf
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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More Resources
• SCORE – JBMS
http://app.score.gov.sg/loginexoff.aspx
SCORE Employment Assistance Unit (EAU) assists exoffenders in their job search by matching them with
companies that are open to employing ex-offenders.
• How Ex-Offenders Can Find a Job - CVTips.com
http://www.cvtips.com/job-search/how-ex-offenders-can-finda-job-.html
There are several assistance programs available to help exoffenders in their job search. The assistance officers at these
programs interview the applicants and refer ...
• Employment Information Handbook For Ex-Offenders
http://www.exoffender.org/up/docs/Exohandbook.pdf
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Comments & Questions
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
30
be the change you want to see in the world
THANK YOU!
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
31
Offender Webinar Series
Obtaining Employment Outcomes for Individuals with
Disabilities who have Criminal Backgrounds
• Archived – Providing Employment Services to Individuals
with Disabilities who have Criminal Backgrounds
• Archived – Overview of the Legal Consideration Providers
and VRCs should know when working with Offenders
• November 15, 2011 – Using Customized Employment for
Individuals with Disabilities who have Criminal Backgrounds
• December 14, 2011 – Forensic Employment Programs for
Offenders with Mental Health Disabilities
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
32
Education Credits
CRCC Credit - (2.0)
Approved by Commission on Rehabilitation Counselor
Certification (CRCC)
• By Friday October 28, 2011, participants must score
80% or better on a online Post Test and submit an
online CRCC Request Form via the MyTACE Portal.
My TACE Portal: TACEsoutheast.org/myportal
• For CRCC credit, you must reside in the 8 U.S. Southeast states
served by the TACE Region IV [AL, FL, GA, KY, MS, NC, SC, TN].
If beyond TACE Region IV, you may apply for CEU credit.
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
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Southeast TACE (Region IV)
Toll-free: (866) 518-7750 [voice/tty]
Fax: (404) 541-9002
Web: TACEsoutheast.org
My TACE Portal: TACEsoutheast.org/myportal
Email: [email protected]
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011
34
Disclaimer
This presentation was developed by the
TACE Center: Region IV© 2011 with funds from
the U.S. Department of Education, Rehabilitation
Services Administration (RSA) under the priority of
Technical Assistance and Continuing Education
Projects (TACE) – Grant #H264A080021. However,
the contents of this presentation do not necessarily
represent the policy of the RSA and you should not
assume endorsement by the Federal Government
[34 CFR 75.620 (b)].
TACE Center: Region IV, a project of the Burton Blatt Institute.
Funded by RSA Grant # H264A080021. © 2011