Overview of the Legal Consideration Providers and VRCs should know when working with Offenders...

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

TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011

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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

Disability & Criminal Justice


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• 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

Criminal Justice System


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Impacts of “having a record”

Numerous, long term and significant • Voting

• Credit

• Child custody

• Housing

• Employment


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Public Housing

• Lifetime Ban: Meth production in Fed assisted housingLifetime 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”


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• Applicant discloses record: employer won’t hire

• Worker who didn’t disclose: fired for “false job application”

Employment Dilemma


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Availability of Criminal Records

• On government websites

• From numerous private “background search” companies

• From the 3 national credit reporting agencies


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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


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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-25http://www.nytimes.com/2008/11/14/nyregion/

14soldier.html


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• 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.”

Rethinking Long-Term Impacts


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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


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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.”


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Diversion and ReentryDisability services - criminal justice collaboration • Agencies often struggle serving many of the same people • Employment - key element in recovery

http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/toolkits/employment/

Diversion • Getting people into treatment services • SAMHSA funds a range of program models

Police Training/Jail ScreeningReentry • 2nd Chance Act (2008) Lowering job barriers can lower

recidivism• US DOJ grants to encourage collaboration


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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/


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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


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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


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1st Step: Review State law andPerson’s Records• Find Law

http://criminal.findlaw.com/crimes/expungement/expungement state info.html ‐ ‐

• Hire Networkhttp://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 correctionhttp://www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm


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Note Public Employment/Licensing Rules

Example: Florida

• A person is disqualified only if he/she has a conviction for:

A felony1st degree misdemeanor that is “directly related” to

the specific position or license

• Florida Gov. Scott singed law 6/21/11 relaxing the rulesOffender is not required to first obtain a restoration

of civil rights


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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)


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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


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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


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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


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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


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Article Example Number TwoBusiness Day –The New

York Times –Tuesday January 25, 2011 (B1)


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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


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Steve Haimowitz Burton Blatt Institute at Syracuse Universityemail: [email protected](315) 744-4139

Chip Kenney TACE Southeast Center Region IV email: [email protected] (904) 372-0456

For More Information


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Resources

National H.I.R.E. Network http://www.hirenetwork.org

National Transitional Jobs Networkhttp://www.heartlandalliance.org/ntjn

National Reentry Resource Centerhttp://www.nationalreentryresourcecenter.org

Washington State Employment Re-Entry Guidehttp://www.wa.gov/esd/oes/docs/ReEntryGuide8-30.pdf


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More Resources

• SCORE – JBMShttp://app.score.gov.sg/loginexoff.aspxSCORE Employment Assistance Unit (EAU) assists ex-offenders in their job search by matching them with companies that are open to employing ex-offenders.

• How Ex-Offenders Can Find a Job - CVTips.comhttp://www.cvtips.com/job-search/how-ex-offenders-can-find-a-job-.htmlThere are several assistance programs available to help ex-offenders in their job search. The assistance officers at these programs interview the applicants and refer ...

• Employment Information Handbook For Ex-Offendershttp://www.exoffender.org/up/docs/Exohandbook.pdf


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Comments & Questions


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THANK YOU!

be the change you want to see in the world


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Offender Webinar SeriesObtaining 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


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Education CreditsCRCC 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.


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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]


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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)].

Overview of the Legal Consideration Providers and VRCs should know when working with Offenders...

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