6th Annual National Transitional Jobs Conference

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• 6th Annual National Transitional Jobs Conference
• Strengthening Communities
• Building the Workforce of the Future
• Transitional Jobs Work
• Gabrielle de la Gueronniere, JD
• Legal Action Center/National H.I.R.E. Network
• BREAKOUT SESSION Federal, State, and Local
  Policies that Impact the Employment of People
  with Criminal Records

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The Substantial Reach of the Criminal Justice
System

• Nearly 7 million people are currently involved in
  the criminal justice system through
  incarceration, parole, or probation
• Over 65 million people have a criminal history on
  file with a state government
• Roughly 30 percent of adults in this country live
  a substantial part of their lives having a
  criminal record

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Barriers People with Criminal Records Face

• Untreated addiction mental health needs
• Lack of education, job experience and training
• Lack of housing
• Availability and use of criminal records
• Stigma and discrimination

4
Role of the Federal Government in Shaping Policy
for People with Criminal Records

• Congress
• Funding
• Authorizing programs
• Changing provisions of current law
• Federal Agencies
• Administering the programs authorized by Congress
• Issuing regulations and guidance

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Congressional Role Promoting Employment for
People with Criminal Records by Funding Federal
Programs

• Annual spending bills include
• Funding for addiction prevention and treatment
  services in the community
• Funding for addiction treatment in prisons
• Funding for drug courts
• Funding for mental health courts and diversion
  programs
• Funding for reentry services
• Funding for workforce development

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Congressional Role Promoting Employment for
People with Criminal Records by Changing Policy

• Support Education
• Reinstate Pell Grants for incarcerated
  individuals
• Repeal remaining federal financial aid ban for
  people with drug convictions
• Remove Additional Barriers that Impact Employment
• Repeal drug felony ban on TANF/Welfare benefits
  and food stamps
• Remove restrictions on federally assisted housing

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Congressional Role Promoting Employment for
People with Criminal Records by Changing Policy
(cont.)

• Codify Equal Employment Opportunity Commission
  (EEOC) policy guidance on use of arrest and
  conviction records in hiring decisions
• Employers would be precluded from denying a
  person with a criminal record employment solely
  because of the conviction record
• Employers would be required to consider the
  length of time since the conviction and whether
  it is related to the job being sought

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Congressional Role Promoting Employment for
People with Criminal Records by Changing Policy
(cont.)

• Permanently reauthorize the federal Work
  Opportunity Tax Credit (WOTC)
• Federal income tax credit that reduces an
  employers tax liability by up to 2,400 per
  new hire
• People with criminal records are specified as one
  of nine different targeted groups
• Create incentives to bring people with barriers
  to employment, including those with criminal
  records, into the labor market
• Support transitional jobs
• Time-limited, subsidized jobs that combine real
  work, skill development and support services
• 81 to 94 percent of graduates go on to
  unsubsidized employment at starting wages that
  average 7 to 10 per hour

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Promoting Employment for People with Criminal
Records Current Congressional Response

• The Second Chance Act, (H.R. 1704/S. 1934)
• Would provide grants to states, local areas and
  community-based organizations to provide services
  to help reentering individuals as they transition
  into the community
• Contains provisions for education, employment,
  drug addiction treatment, housing and other
  supportive services
• Would require a review of state and federal
  barriers

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Promoting Employment for People with Criminal
Records Current Congressional Response (cont.)

• The Reentry Enhancement Act (H.R. 4202)
• Contains provisions that would require employers
  to show they considered
• The nature and gravity of the offense for which
  the conviction occurred,
• The period of time that has elapsed since the
  conviction or the completion of the sentence
  involved, and
• The nature of the employment position held or
  sought.

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Promoting Employment for People with Criminal
Records Current Congressional Response (cont.)

• The Public Safety Ex-Offender Self-Sufficiency
  Act of 2006
• Would create a housing tax credit for developers
  to build transitional housing for individuals who
  are returning to the community from incarceration
• Job training, drug and alcohol treatment, and
  other essential services would be provided
  through a structured living environment

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Promoting Employment for People with Criminal
Records Current Congressional Response (cont.)

• The Second Chance for Ex-Offenders Act (H.R. 662)
• Would allow certain individuals who were
  convicted of a nonviolent criminal felony or
  misdemeanor offense to petition for their
  criminal records to be expunged

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Promoting Employment for People with Criminal
Records Current Administrative Response

• Federal Bonding program
• Issues fidelity bonds to protect employers in
  case of theft, forgery, larceny or embezzlement
  of money or property by a covered employee
• All jobs are bondable
• Bonds are effective immediately on first day of
  employment
• Employee must meet program requirements
• The Workforce Investment Act system

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Positive Developments on the Federal Level

• Greater understanding of the issues related to
  reentry from the criminal justice system
• Clear public support for formerly incarcerated
  people receiving the services they need to become
  self-sufficient
• Emphasis on cost-saving and public safety
  arguments in support of reentry efforts

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Resources

• National H.I.R.E. Network
• Helping Individuals with criminal records
  Reenter through Employment
• www.hirenetwork.org
• National Policy/ Federal Legislation (202)
  544-5478, gdelagueronniere_at_lac-dc.org,
  www.lac.org
• State Specific Questions [phone],
  www.hirenetwork.org
• Congressional legislative website,
  www.thomas.loc.gov
• After Prison Roadblocks to Reentry,
  www.lac.org/roadblocks.html
• Federal Bonding Program, www.bonds4jobs.com