Bill Rowe, Nancy MurrayNorth Carolina Justice Center Chair of Housing & Trans. WorkP.O. Box 28068 * Raleigh, NC 27611 Group of Gov. StreetSafe TaskforcePh: (919) 856-2177, bill@ncjustice.org Nancy@buildersofhope.org

NC Justice Center

ReEntry in North Carolina & Public Housing Authorities

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 andHOUSING

Is it legal to deny someone HOUSING because of a criminal record?

Criminal Records andHOUSING (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

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

Denial Process

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 AdvocacyNorth Carolina Justice Center

P.O. Box 28068 * Raleigh, NC 27611Ph: (919) 856-2177, bill@ncjustice.org