overview of the legal consideration providers and vrcs should know when working with offenders...
Post on 25-Dec-2015
215 Views
Preview:
TRANSCRIPT
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: sjhaimow@law.syr.edu(315) 744-4139
Chip Kenney TACE Southeast Center Region IV email: rkenney@law.syr.edu (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: tacesoutheast@law.syr.edu
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)].
top related