Transcript Impact 2005 From Budget to Lottery – What is North

NC Justice Center
ReEntry in North Carolina & Public
Housing Authorities
Bill Rowe,
North Carolina Justice Center
P.O. Box 28068 * Raleigh, NC 27611
Ph: (919) 856-2177, [email protected]
Nancy Murray
Chair of Housing & Trans. Work
Group of Gov. StreetSafe Taskforce
[email protected]
People with Criminal Records in
NC
•Over 1 million people in NC with a criminal record
Approximately 28,000 entries and 28,000 exits from NC
prisons this year
•Approximately 40,000 individuals in NC’s prisons
• 98% of incarcerated individuals will eventually be
released.
• 109,000 individuals on probation currently
People with Criminal Records in NC,
cont’d.
•36% of ex-offenders sent back to prison for new crimes.
• More than ½ of the 30,000 entering NC prisons in 2008
had previous involvement with criminal justice system.
• Costs over $23,000/yr. to incarcerate one person &
$80,000 to construct one single prison bed.
• Criminal record presents huge barriers to re-integrating
to society
- jobs, housing, education/training, services
5 Counties with Most Residents
Leaving Prison This Year
Wake -
1,756
Guilford -
1,427
Mecklenburg -
1,368
Cumberland -
958
Forsyth -
953
Housing Needs of People With
Criminal Records
•Stable housing crucial for successful reentry
- Urban Institute Study – “The importance of finding a
stable residence cannot be overestimated: men who
found such housing within the first month after release
from incarceration were less likely to return to prison
during the first year out.
What’s Happening in NC?
1. Governor’s Street Safe Task Force
2. Joint Select Committee on Ex-Offender
Reintegration Into Society
3. Council Of State Governments –
Justice Reinvestment Project
What’s Happening in NC?
• Governor’s
Street Safe Task Force
- Established May 1, 2009 by Executive Oder #12.
- Chaired by Attorney General Roy Cooper &
Secretary of Corrections Alvin Keller.
- Mission: Develop a plan to combat recidivism &
reintegrate offenders safely into the community
1. Comprehensive Examination of Challenges.
2. Inventory of Current Efforts.
3. Create a Plan that Sets Policy Goals.
Street Safe Task Force, Cont’d.
• Work Groups
- “Overcoming Health & Addiction Challenges”
- “Securing Stable Housing & Transportation”
- “Finding Success in the Workplace”
- “Strengthening Support Systems”
- “Solutions Within Justice System”
http://www.governor.state.nc.us
Street Safe Task Force, Cont’d.
Proposed Recommendations
Among many recommendations, the following may
impact/involve PHAs:
• Non-profit community groups, service providers and local
government should be organized into local reentry councils to
create a more effective bridge between community and prison.
• Increase contact between offenders and families when
individual assessments determine that this contact would be
beneficial.
• Create model residential reentry program that includes best
practices for transitional housing.
Street Safe Task Force, Cont’d.
Proposed Recommendations, cont’d.
• Task Force members meet with PHA representatives to
discuss a standard list of criteria to evaluate ex-offenders
seeking housing.
• Consideration should be given to the implementation of a
program to grant “Certificates of Relief from Disabilities.”
•NCHFA proposes inclusion of housing for ex-offenders in the
“special needs” category.
• Work with NCHFA to create a system to incentivize admission
of ex-offenders.
What’s Happening in NC, cont’d.
• Joint Select Committee on Ex-Offender
Reintegration Into Society (NC Gen. Assembly)
- Result of SB 496/HB 527 – “Study how NC &
other states address barriers facing ex-offenders in
accessing jobs, housing, education, training & services &
determine best practices that reduce recidivism.”
- Chairs – Rep. Garland Pierce, Rep.
Angela Bryant, & Sen. Charlie Dannelly
What’s Happening in NC, cont’d.
• Justice Reinvestment Project of the Council of
State Governments
- National non-partisan non-profit that provides
advice to state & local policymakers.
- “Work closely with state policymakers to
advance fiscally sound, data driven criminal justice
policies to break the cycle of recidivism, avert prison
expenditures & make communities safer.”
- http://www.justicereinvestment.org
Criminal Records and
HOUSING
Is it legal to deny someone HOUSING
because of a criminal record?
Criminal Records and
HOUSING (cont.)
There is NO Federal law that directly prohibits
housing discrimination – in either public or
private housing – based on a criminal record.
Mandatory Prohibitions for Admission
Public Housing:
Federal law prohibits housing authorities from admitting
people, or issuing Section 8 Rental Assistance vouchers, if any
household member:
● has ever been convicted of manufacturing methamphetamine on
the premises of Federally assisted housing or
● is subject to a lifetime sex offender registration requirement in any
State or
● has been evicted from federally assisted housing for drug-related
criminal activity within the previous three years
- UNLESS completed drug rehabilitation approved by PHA
MAY Be Denied Admission
Also, Federal law permits local housing authorities to
exclude people whose history of criminal activity –
•Drug-related criminal activity
•Violent criminal activity
•“Other criminal activity which would adversely affect the
health, safety, or right to peaceful enjoyment of the premises
by other residents, the owner, or public housing agency
employees.”
How old can criminal convictions be?
•Criminal activity must have occurred within a “reasonable
period” before admission
- No definition of “reasonable period” in statute or regulations
- HUD Guidance
- 5 years may be reasonable for serious offenses
Limits to Denial of Admission
•“Other criminal activity” limited by law
- MUST adversely affect the health, safety,
or right to peaceful enjoyment of the premises
- HUD guidance indicates many offenses
cannot be grounds for denial
Mitigating Circumstances
- PHA MUST consider the time, nature, and
extent of the conduct, including the seriousness of
the offense.
- Mitigating Circumstances may also include
evidence of rehabilitation
Denial Process
If PHA proposes to take adverse action on basis of
criminal record obtained by PHA
- Must send copy of criminal record to
applicant or tenant
- Must provide opportunity to dispute
accuracy and relevance
Denial Process
Written notice of denial required
- Must state reasons for denial
- Simple statement “applicant did not meet the
standards for admission” not sufficient
- Must state how and when applicant can contest
decision
- Mitigating circumstances must be considered
Next Steps
•Review & Clarify Admission Policies
• PHA representatives join Governor’s
StreetSafe Task Force subcommittee to develop
criteria to evaluate ex-offender housing
applicants – examine use of “Certificates of
Relief of Disabilities”
• Participate with local re-entry councils when
formed
Questions or Comments?
Contact Information:
Bill Rowe, Director of Advocacy
North Carolina Justice Center
P.O. Box 28068 * Raleigh, NC 27611
Ph: (919) 856-2177, [email protected]