Upload
howard-preston
View
215
Download
0
Tags:
Embed Size (px)
Citation preview
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
2
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
3
• 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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
4
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
5
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”
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
6
• Applicant discloses record: employer won’t hire
• Worker who didn’t disclose: fired for “false job application”
Employment Dilemma
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
7
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
8
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
9
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
10
• 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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
11
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
12
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
13
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
14
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
15
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
16
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
17
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
18
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
19
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
20
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
21
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
22
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
23
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
24
Article Example Number TwoBusiness 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
25
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
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
2727
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
2828
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
292929
Comments & Questions
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
3030
THANK YOU!
be the change you want to see in the world
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
313131
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
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
323232
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.
TACE Center: Region IV, a project of the Burton Blatt Institute.Funded by RSA Grant # H264A080021. © 2011
333333
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
343434
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)].