serving homeless clients with criminal justice "issues": slowing the revolving door...

Serving Homeless Clients with Criminal Justice "Issues": Slowing the Revolving Door Stephan Haimowitz, JD Homeless Veterans Reintegration Project

US Dept. of Labor, Veterans Employment and Training Service Burton Blatt Institute Syracuse University

Steven Samra, MPA Recovery Specialist, Center for Social Innovation

Disability, Homelessness & Criminal Justice • Mental Illness & Substance Use

– significant % of arrestees, county jail detainees, state prisoners• Many stuck in the “revolving door”

• Increasingly Iraq/Afghanistan veterans

– Research continues on the interplay between disability & crime

• Treatment/services are effective for many

• Criminogenic factors predominate for others

• Violence • Perpetrators vs. victims

Stuck in the Revolving Door

• Homelessness – 12% of prison population were homeless when arrested

– Female Veterans: 3 times as likely as female non-Veterans

• Substance abuse – Largest cause of homelessness among single adults

– 25% Veterans aged 18-25 met criteria (1.8 million)

• Mental Illness– 20-25% of the homeless population

• Veterans– Poverty & homelessness rates exceed general population

– Approximately 9% of jails and prison population

The System’s Components

• Arrest – Fingerprint = a record = a RAP Sheet

– Pre-trial detention – local jail

– States have different offense categories: felonies, misdemeanor…

• Adjudication – Issues of (a) evidence and (b) constitutional rights

– Plea Bargaining – focus is sentence

• Sentencing – Probation instead of incarceration

– State prison followed by parole

Impacts of a Criminal Record

• Numerous, significant, life-long– Voting

– Government Benefits

– Credit

– Public and Private Housing

– Child Custody /Adoption

Employment Barriers

• Applicant discloses record -->

employer won’t hire

• Worker does not disclose -->

fired for “false job application”

• Criminal records are increasingly available– public websites

– private search companies

– national credit reporting agencies

Debates About Impacts

• Data on re-offending vs. predicting

individual behavior

• Protecting vulnerable populations

• If you can’t find work, can’t pay child

support…

What Serves the Public Interest?

“The whole point is for someone who’s made a mistake to have a chance to reclaim their life.” - Judge Henry Kron, NY

2008 Second Chance Act:

Lowering job barriers lowers recidivism.

Civil Rights Issues

• Arrests without conviction: “disparate

impact”

• US Equal Employment Opportunity

Commission – Informal Guidance Letters

– Lawsuits in Maryland and Michigan

What Can Homeless Service Providers Do?

1. Connect with local diversion programs.

– Liaise with criminal justice agencies

– Participate in cross training

2. Help clients to address having “a record.”

3. Learn the strategies that work in your state.

What is diversion?

• Human 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/

• Primary goal: Address the revolving door – Getting people into individualized treatment services:

“different this time”

– SAMHSA and other agencies fund a range of program models

Types of Diversion Programs

• Police, i.e. Memphis’

“Crisis Intervention Team” • Predominant model

• Trained dispatchers and precinct /shift officers

• Local Jails • Variable screening and referral mechanisms

• Duties handled by jail or community clinical staff

Specialized Courts

• Drug Courts – Largest number, most studied

• Mental Health Courts – Some advocates have objections

• Homeless Courts – Often related to “Stand Downs”

• Veteran Treatment Courts – Number is growing rapidly

Jail Diversion and Trauma Recovery – Priority to Veterans

• SAMHSA Report and Recommendations (2008)

– Use validated Screening instruments

– Train front line criminal justice staff

– Expand Peer Support

– http://gainscenter.samhsa.gov/pdfs/veterans/CVTJS_Report.pdf .

• Pilot Projects in 13 states (until 2013)

– Strong peer component

– State and Local Advisory Committees

– Pilot expands state-wide over 5 years

Local Diversion Contacts

– National GAINS Center, (800) 311-GAIN

• http://www.gainscenter.samhsa.gov/html/

– Council on State Governments’

Consensus Project, (212) 482-2320

• http://consensusproject.org/

Assisting Clients with “a Record”• Expungment, Sealing, etc.

– Rules & “waiting periods” vary widely between states– First step – obtain state RAP Sheet

• http://criminal.findlaw.com/crimes/expungement/expungement‐state‐info.html

• Some states: law requires individualized consideration – Public employers and licensing – Private employers

• http://www.hirenetwork.org/resource.html

Assist Clients with “a Record”

• Bonding

• Tax Incentives

• Prepare for job applications and

interviews

Federal Bonding Program

• 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

• Sponsored by US Dept of Labor – Program information http://www.bonds4jobs.com/index.html

• Program is state-operated– Contact info for State Coordinators

– http://www.bonds4jobs.com/state-coordinators.html

Employer Tax Incentives

• Work Opportunity Tax Credit

• $2,400 for each new adult hire from a target group

– Ex-felon hired w/in 1 year of conviction

or release from prison.

• $4,800 for each new disabled veteran hire

• http://www.doleta.gov/bu

Job Applications & Interviews

• Prepare clients to handle the criminal

record question – Do not leave application question blank

or write “will discuss at interview”

– Do practice interviews

Job Applications & Interviews

• Answer what is asked truthfully – know the differences - felony, offense,

misdemeanor, disorderly person

– conviction includes suspended sentence, fines,

probation, parole

• Give a summary of the offense – Be brief, accept responsibility

Job Applications & Interviews

• Fully explain what’s changed & provide documentation • Military service

• Rehabilitation/treatment

• Education/work

• Community service / church involvement

• Provide Federal Bonding info• State coordinator’s name, phone and email

• Program form and description

• Not hired? Send letter, review above, seek reconsideration

For Clients Who are Veterans

• Homeless Veterans Reintegration Project – US Dept of Labor – Veterans Employment & Training

Services

• Specialized programs – Homeless Female Veterans/Veterans with Families

– Incarcerated Veterans Reintegration Project

• http://bbi.syr.edu/hvrp/grantees/index.htm

Summing Up

• Some strategies and resources exist

• A “jobs approach” is slowly changing – “Ban the Box”

– “Second Chance Act” – new federal policy,

reentry grants

– State governments looking at the evidence

The Reality

Escaping the “revolving door“?

Resources

• 2008 Second Chance Act– http://thomas.loc.gov/cgi-bin/bdquery/D?d110:1:./temp/~bdFPGW::|/home/LegislativeData.php

?n=BSS;c=110

• U.S. Equal Employment Opportunity Commission– http://www.eeoc.gov/

• SAMHSA resources– http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/tool

kits/employment/

Resources

• U.S. Equal Employment Opportunity Commission– http://www.eeoc.gov/

• SAMHSA resources– http://mentalhealth.samhsa.gov/cmhs/CommunitySupport/

toolkits/employment/

• National GAINS Center, Tel: (800) 311-GAIN • http://www.gainscenter.samhsa.gov/html/

• http://gainscenter.samhsa.gov/pdfs/veterans/CVTJS_Report.pdf

Resources

• Consensus Project. Tel: (212) 482-2320 – http://consensusproject.org/

• Assisting Clients in the Hiring Process– Obtaining a RAP Sheet

• http://criminal.findlaw.com/

– State Specific Considerations• http://www.hirenetwork.org/resource.html

Resources

• Bonding Programs– Federal

• http://www.bonds4jobs.com/index.html

– State• http://www.bonds4jobs.com/state-coordinators.html

• Employer Tax Incentives– http://www.dol.gov/

Resources

• Veterans Employment Resources– NVTAC (National Veterans Technical Assistance

Center)• http://bbi.syr.edu/hvrp/grantees/index.htm

– Department of Labor• http://www.dol.gov

Q&A

• Stephan Haimowitz, Homeless Veterans Reintegration Project, US Dept. of Labor, Veterans Employment and Training Service;

Burton Blatt Institute, Syracuse University sjhaimow@law.syr.edu

• Steven Samra, Recovery Specialist, Center for Social Innovation, ssamra@center4si.com

• Moderator: Justine Hanson, Deputy Project Director, Homelessness Resource Center, jhanson@center4si.com