Felony Reentry in the Athens Community Presented by the Athens Justice Project

Felony Reentry in the Athens CommunityFelony Reentry in the Athens Community

Presented by the Athens Justice Presented by the Athens Justice ProjectProject

What is the problem?What is the problem?

““This year, some 600,000 inmates This year, some 600,000 inmates will be released from prison back into will be released from prison back into society. We know from long society. We know from long experience that if they can’t find experience that if they can’t find work, or a home, or help, they are work, or a home, or help, they are much more likely to commit crime much more likely to commit crime and return to prison….America is the and return to prison….America is the land of second chance, and when the land of second chance, and when the gates of the prison open, the path gates of the prison open, the path ahead should lead to a better life.”ahead should lead to a better life.” George W. Bush, 2004 State of the UnionGeorge W. Bush, 2004 State of the Union

Barriers Faced upon ReentryBarriers Faced upon Reentry

Housing denialsHousing denials State services revocations State services revocations Driver’s license suspensionDriver’s license suspension Lack of substance abuse and mental Lack of substance abuse and mental

health counselinghealth counseling Stigma in the communityStigma in the community On top of all this, trouble finding a On top of all this, trouble finding a

jobjob

Barriers to EmploymentBarriers to Employment

One year after release, as many as 60-75% One year after release, as many as 60-75% of ex-felons are unemployed; Why?of ex-felons are unemployed; Why?

Georgia has been ranked as the 2Georgia has been ranked as the 2ndnd worst worst state in terms of legal barriers that hinder state in terms of legal barriers that hinder ex-offenders from obtaining employmentex-offenders from obtaining employment

Open, easy access to criminal records, even Open, easy access to criminal records, even to arrests that did not lead to convictionsto arrests that did not lead to convictions As many as 66% of employers have admitted As many as 66% of employers have admitted

they refuse to hire anyone with a conviction, they refuse to hire anyone with a conviction, regardless of the nature of the crimeregardless of the nature of the crime

Experiencing such outright rejection from jobs further Experiencing such outright rejection from jobs further demotivates ex-offendersdemotivates ex-offenders

Barriers to EmploymentBarriers to Employment

For employers who don’t refuse to hire For employers who don’t refuse to hire based solely on a record, job applications based solely on a record, job applications are still dauntingare still daunting Applicants have little space to explain an offenseApplicants have little space to explain an offense

State law requires employers to notify State law requires employers to notify applicants when a record is the reason for applicants when a record is the reason for employment denial, but many do notemployment denial, but many do not

Georgia’s expungement law is narrow, Georgia’s expungement law is narrow, keeping nearly anything on a person’s keeping nearly anything on a person’s record for a job searchrecord for a job search

Who experiences these barriers?Who experiences these barriers?

Of these jail inmates, Of these jail inmates, 66% regularly drank 66% regularly drank alcohol at the time of alcohol at the time of arrest and 68.7% arrest and 68.7% regularly used drugsregularly used drugs 49.7% were under the 49.7% were under the

influence of alcohol or influence of alcohol or drugs at the time of the drugs at the time of the offenseoffense

Only 15.1% of inmates Only 15.1% of inmates had received any form had received any form of treatment since of treatment since admission to jailadmission to jail

Additionally, 56.2% of Additionally, 56.2% of state prisoners have a state prisoners have a mental health disordermental health disorder

Offense Type (2002)

24.9%

24.7% 24.4%

25.4%

PropertyDrug

Public-Order Violent

Why does it matter?Why does it matter?

““Georgia simply can’t afford for the corrections Georgia simply can’t afford for the corrections system to maintain the status quo.”system to maintain the status quo.” Newt GingrichNewt Gingrich

““They go in [prison] and get whatever they do, They go in [prison] and get whatever they do, go to school or whatever, but they still come go to school or whatever, but they still come out, and then they can't get a job because of out, and then they can't get a job because of what they did. Then they see other people; what they did. Then they see other people; there's fast money, so they want to do the there's fast money, so they want to do the same thing again. Then they're back in there, same thing again. Then they're back in there, they may still sit a little longer, but they still they may still sit a little longer, but they still come out doing the same thing.”come out doing the same thing.” Suburban female, 2002 Philadelphia focus groupSuburban female, 2002 Philadelphia focus group

Why Employment Barriers MatterWhy Employment Barriers Matter

Georgia’s Corrections SystemGeorgia’s Corrections System 1 in 70 Georgians is 1 in 70 Georgians is

behind barsbehind bars 1 in 13 Georgians is 1 in 13 Georgians is

behind bars, on behind bars, on probation, or on paroleprobation, or on parole This rate of correctional This rate of correctional

control is the highest in control is the highest in the nation, more than the nation, more than double the national double the national average of 1 in 31average of 1 in 31

In 2007, Department In 2007, Department of Corrections of Corrections spending surpassed spending surpassed $1 billion for the first $1 billion for the first time in state historytime in state history

(Source: Georgia Budget and Policy Institute)

$1 out of every $17 in $1 out of every $17 in state spending goes state spending goes toward the Department of toward the Department of CorrectionsCorrections

Athens Clarke County BudgetAthens Clarke County Budget

Criminal Justice

Other Judicial andPublic Safety

General Gov't

Public Works

Leisure Services

Other

In 1996, 6% of prison budgets were spent on rehabilitative programs and 94% went for building, staffing and maintaining prisoners.


A one year sentence for an inmate A one year sentence for an inmate costs $49/day or about $18,000/year, costs $49/day or about $18,000/year, compared to $4.43/day or compared to $4.43/day or $1617/year for a parolee$1617/year for a parolee Offenders who are tax burdens are not Offenders who are tax burdens are not

becoming productive taxpayersbecoming productive taxpayers The estimated economic benefit per The estimated economic benefit per

inmate is $68,800 in reduced crime and inmate is $68,800 in reduced crime and associated benefits in one yearassociated benefits in one year


90% of the crimes committed in the 90% of the crimes committed in the US each year are remunerative in US each year are remunerative in naturenature Without a fair chance at legitimate Without a fair chance at legitimate

earnings, prison becomes a “revolving earnings, prison becomes a “revolving door” for manydoor” for many

Motor vehicle thieves (78.8%) and those in Motor vehicle thieves (78.8%) and those in prison for receiving or possessing stolen prison for receiving or possessing stolen property (77.4%) have very high 3 year re-property (77.4%) have very high 3 year re-arrest rates, while violent offenders, like arrest rates, while violent offenders, like rapists (2.5%) and those convicted of rapists (2.5%) and those convicted of homicide (1.2%) have very low rates homicide (1.2%) have very low rates

Other EffectsOther Effects Public safetyPublic safety

Without rehabilitation, ex-offenders released Without rehabilitation, ex-offenders released back into the community may be just as back into the community may be just as prone to commit crimes, especially without prone to commit crimes, especially without legitimate incomelegitimate income

If “ex”-offenders continue to offend, the public is If “ex”-offenders continue to offend, the public is no saferno safer

Increased social costsIncreased social costs Risk of homelessnessRisk of homelessness Disconnect from family and friendsDisconnect from family and friends

Perpetuates further victimizationPerpetuates further victimization Ex-offenders are essentially discriminated Ex-offenders are essentially discriminated

against when applying for jobsagainst when applying for jobs

Title VII DiscriminationTitle VII Discrimination Under Title VII of the Civil Rights Act, hiring Under Title VII of the Civil Rights Act, hiring

procedures cannot create disparate procedures cannot create disparate treatment or a disparate impacttreatment or a disparate impact Disparate treatment occurs when an individual Disparate treatment occurs when an individual

with a record is treated differently than another with a record is treated differently than another ex-offender because of raceex-offender because of race

However, disparate impact occurs when a However, disparate impact occurs when a company refuses to hire someone with company refuses to hire someone with anyany record and such a policy disproportionally affects record and such a policy disproportionally affects a particular racea particular race

Not overt, but still essentially a form of discriminationNot overt, but still essentially a form of discrimination Employers can refuse to hire particular ex-offenders Employers can refuse to hire particular ex-offenders

because of “business necessity”because of “business necessity” The EEOC and 1991 Civil Rights Act have The EEOC and 1991 Civil Rights Act have

now established a cause of action for now established a cause of action for pursuing claims pursuing claims

What is the solution?What is the solution?

““What we’re suggesting is that the next What we’re suggesting is that the next stage in our effective, tough-minded stage in our effective, tough-minded approach in dealing with crime is to approach in dealing with crime is to have programs that fundamentally have programs that fundamentally change people’s behavior.”change people’s behavior.”

““If I can be safer and it’s less expensive If I can be safer and it’s less expensive and we have citizens who are now and we have citizens who are now dedicated, productive taxpaying dedicated, productive taxpaying citizens – which part of that is bad?”citizens – which part of that is bad?” Newt GingrichNewt Gingrich

What are possible remedies?What are possible remedies?

Incentives for “second chance employers”Incentives for “second chance employers” Tax incentives and bonding opportunitiesTax incentives and bonding opportunities Job training and other rehabilitation programs Job training and other rehabilitation programs

to minimize risk and increase payoff of hiring to minimize risk and increase payoff of hiring ex-offendersex-offenders

Name recognition and good community Name recognition and good community reputationreputation

““Ban the Box”Ban the Box” Don’t ask about criminal record until a late Don’t ask about criminal record until a late

stage of the application processstage of the application process

How does Ban the Box work?How does Ban the Box work?

The box inquiring into criminal The box inquiring into criminal convictions is taken off the applicationconvictions is taken off the application

The resolution would prohibit any The resolution would prohibit any criminal background or inquiry until criminal background or inquiry until after a tentative offer has been madeafter a tentative offer has been made

If there is a history, it would only be If there is a history, it would only be relevant if it created an unacceptable relevant if it created an unacceptable risk that the applicant could not fulfill risk that the applicant could not fulfill the job requirements (as applied in the job requirements (as applied in Boston)Boston)

Where has Ban the Box been implemented?Where has Ban the Box been implemented?

StatesStates HawaiiHawaii New YorkNew York MinnesotaMinnesota New MexicoNew Mexico Illinois (evaluative Illinois (evaluative

task force task force established)established)

CitiesCities BostonBoston San FranciscoSan Francisco ChicagoChicago NewarkNewark PhiladelphiaPhiladelphia Los AngelesLos Angeles New Haven, CTNew Haven, CT Kalamazoo, MIKalamazoo, MI Battle Creek, MIBattle Creek, MI Travis County, TXTravis County, TX

Ban the Box in BostonBan the Box in Boston

Boston extended Ban the Box to the Boston extended Ban the Box to the city’s 50,000 private contractorscity’s 50,000 private contractors

These contractors also have to adopt These contractors also have to adopt a policy of nondiscrimination against a policy of nondiscrimination against ex-offenders to obtain and maintain ex-offenders to obtain and maintain city contractscity contracts

Encourages PR effort to make other Encourages PR effort to make other employers aware of discriminatory employers aware of discriminatory effect of hiring practiceseffect of hiring practices

Ban the Box in MinneapolisBan the Box in Minneapolis

Adopted in December 2006Adopted in December 2006 Background check run only after a Background check run only after a

conditional job offerconditional job offer Under old policy, only 5.7% of applicants Under old policy, only 5.7% of applicants

with “flagged” background were hiredwith “flagged” background were hired Now, 60% are eventually hiredNow, 60% are eventually hired

Additionally, running these checks at a Additionally, running these checks at a later stage in hiring has reduced time later stage in hiring has reduced time and resources for the city hiring process and resources for the city hiring process by 28%by 28%

Rehabilitation StudiesRehabilitation Studies For every grade level advance in education, the For every grade level advance in education, the

inmate’s probability of re-offending drops by inmate’s probability of re-offending drops by 2.9% (Source: Florida DOC, May 2001 Recidivism 2.9% (Source: Florida DOC, May 2001 Recidivism Report) Report)

If quality drug treatment were made available to If quality drug treatment were made available to all who needed it, recidivism could be reduced by all who needed it, recidivism could be reduced by 36-60%. (Source: Dr. R. Casper, CURE-NY)36-60%. (Source: Dr. R. Casper, CURE-NY)

A study of inmates in San Diego who completed A study of inmates in San Diego who completed drug treatment in prison and then participated in drug treatment in prison and then participated in a community-based after-care program had a a community-based after-care program had a recidivism rate of 27% compared to a control recidivism rate of 27% compared to a control group who did neither and had a recidivism rate group who did neither and had a recidivism rate of 75%. (F. Butterfield, New York Times, 11/29/00) of 75%. (F. Butterfield, New York Times, 11/29/00)

Rehabilitation ResultsRehabilitation Results

Two examplesTwo examples New York: Center New York: Center

for Employment for Employment OpportunitiesOpportunities

Chicago: Safer Chicago: Safer FoundationFoundation

0

10

20

30

40

50

60

Three-YearRecidivism

Rate (%)

IllinoisStateAverage

SaferFoundationClients

52%

13%

What works?What works? Michigan recently launched the Michigan Prisoner Michigan recently launched the Michigan Prisoner

Reentry Initiative (MPRI) to employ a Reentry Initiative (MPRI) to employ a comprehensive approach to reentrycomprehensive approach to reentry

Prisoners’ strengths and needs are assessed and Prisoners’ strengths and needs are assessed and addressed by a large network of service providersaddressed by a large network of service providers For example, MichiganWorks helps address For example, MichiganWorks helps address

employment-related needsemployment-related needs Job search strategies, educational opportunities, Job search strategies, educational opportunities,

information on bonding and tax credit opportunities, and information on bonding and tax credit opportunities, and resolving other barriers to employmentresolving other barriers to employment

The MPRI has achieved an overall 32% reduction The MPRI has achieved an overall 32% reduction in recidivism among its clients in recidivism among its clients Meanwhile, the state of Michigan saw the largest Meanwhile, the state of Michigan saw the largest

decrease in prison population in the U.S. last year (3,260 decrease in prison population in the U.S. last year (3,260 fewer prisoners for a decline of 6.7% in state prisoner fewer prisoners for a decline of 6.7% in state prisoner population)population)

What works?What works? Texas launched the Texas Rehabilitation Tier Texas launched the Texas Rehabilitation Tier

Program in 2001Program in 2001 Inmates are assessed at intake and those with the Inmates are assessed at intake and those with the

highest demonstrated needs and highest predicted highest demonstrated needs and highest predicted recidivism rate are given priority treatmentrecidivism rate are given priority treatment

Composed of 6 programs:Composed of 6 programs: In-Prison Therapeutic CommunityIn-Prison Therapeutic Community Substance Abuse Felony PunishmentSubstance Abuse Felony Punishment Prerelease Substance Abuse ProgramPrerelease Substance Abuse Program Prerelease Therapeutic CommunityPrerelease Therapeutic Community Sex Offender Treatment ProgramSex Offender Treatment Program Faith-Based Prerelease ProgramFaith-Based Prerelease Program

Recidivism rate declined from 25% in 1994 to 16% Recidivism rate declined from 25% in 1994 to 16% in 1998 for those participating in the programsin 1998 for those participating in the programs

Voter SupportVoter Support

0%

10%

20%

30%

40%

50%

60%

Nation's Approach to Crime on the Right Track?

Yes

No

0%

20%

40%

60%

80%

After-School Programs and

Other Programs Would Reduce Prison Need?

Yes

No

Voter SupportVoter SupportBest Place to Cut State Spending

2%

5%

10%

10%

28%

28%

0% 5% 10% 15% 20% 25% 30%

Prisons

Roads, bridges, masstransit

Child-care for lowincome families

Security againstterrorism

Education and jobtraining

Nursing homes andhealth care

(2001 focus group and telephone survey research study)


We need a tougher approach to dealing We need a tougher approach to dealing with the causes of crime with anwith the causes of crime with an emphasis on improving job and emphasis on improving job and vocational training, providing vocational training, providing family counseling, and increasing family counseling, and increasing the number of neighborhood the number of neighborhood activity centers for young peopleactivity centers for young people

We need a tougher approach to dealing We need a tougher approach to dealing with the causes of crime with anwith the causes of crime with an emphasis on stricter sentencing, emphasis on stricter sentencing, capital punishment for more capital punishment for more crimes, and fewer paroles for crimes, and fewer paroles for convicted felonsconvicted felons

Which statement comes closer to your own point of view?

63%63%

35%35%


More money and effort should go toMore money and effort should go to attacking the social and economic attacking the social and economic problems that lead to crime problems that lead to crime through better education and job through better education and job trainingtraining

More money and effort should go toMore money and effort should go to deterring crime by improving law deterring crime by improving law enforcement with more prisons, enforcement with more prisons, police, and judgespolice, and judges


66%66%

29%29%


The best way to reduce crime is to The best way to reduce crime is to rehabilitate prisoners by requiring rehabilitate prisoners by requiring education and job training so that education and job training so that they have the tools to turn away they have the tools to turn away from a life of crime and become from a life of crime and become productive members of societyproductive members of society

The best way to reduce crime is to The best way to reduce crime is to give give criminals long sentences and keep criminals long sentences and keep them in prison where they can't them in prison where they can't commit more crimescommit more crimes


68%68%

27%27%

Budget ComparisonsBudget Comparisons

0

1

2

3

4

5

6

7

8

9

10

Criminal Justice Spending (% of budget)

Georgia

California

Texas

New York

Massachusetts

What happens when an inmate is What happens when an inmate is released?released?

Lifetime ban on receiving TANF and food Lifetime ban on receiving TANF and food stamps if convicted of a drug offensestamps if convicted of a drug offense

Driver’s licenses are suspended for a drug Driver’s licenses are suspended for a drug offense and must be reinstated by payment offense and must be reinstated by payment of a feeof a fee

Broad agency discretion allows for denial of Broad agency discretion allows for denial of public housing in potentially unjustifiable public housing in potentially unjustifiable situationssituations A NY study showed a 74% drop in state prison A NY study showed a 74% drop in state prison

use when ex-offenders were able to obtain use when ex-offenders were able to obtain housinghousing

On top of these barriers, ex-offenders find it On top of these barriers, ex-offenders find it very difficult to obtain employmentvery difficult to obtain employment

Barriers to Gaining EmploymentBarriers to Gaining Employment Arrests without conviction can be considered Arrests without conviction can be considered

by an employerby an employer Arrest and conviction records are freely Arrest and conviction records are freely

available and easily accessible onlineavailable and easily accessible online Employers are required by the EEOC to refuse Employers are required by the EEOC to refuse

to hire an ex-offender because of a business to hire an ex-offender because of a business necessity, but few notify the applicant of the necessity, but few notify the applicant of the reasoning behind such a decisionreasoning behind such a decision

Expungement of a record can be confusing Expungement of a record can be confusing and difficult to achieveand difficult to achieve

Georgia provides no certificates of Georgia provides no certificates of rehabilitation or other similar conventions to rehabilitation or other similar conventions to aid ex-offendersaid ex-offenders

Why should employment matter?Why should employment matter?

Several studies have found a negative Several studies have found a negative correlation between employment and correlation between employment and criminal activity, even crime of a non-criminal activity, even crime of a non-economic natureeconomic nature

In suffering these collateral consequences, In suffering these collateral consequences, ex-offenders essentially become a class of ex-offenders essentially become a class of people that is discriminated againstpeople that is discriminated against

For every 1% reduction in the state For every 1% reduction in the state recidivism rate, Georgia taxpayers will save recidivism rate, Georgia taxpayers will save $7 million$7 million A year of incarceration costs the state A year of incarceration costs the state

approximately $18,000approximately $18,000 Tax Tax burdensburdens should become tax should become tax payerspayers

Documents

Felony Reentry in the Athens Community Presented by the Athens Justice Project