Prioritize the Successful Community-Reentry of Formerly-Incarcerated People
The Challenge
Nationally, more than 95 percent of all people who are incarcerated in local jail or state prison will eventually return home; however, half of those released from state prison are sent back within three years because of a new criminal conviction or a parole violation.144,145 This constant churn of residents entering and exiting communities has a debilitating effect on cities, as family connections are broken and potential income earners are removed from their communities even if they pose little or no direct threat to public safety.
The life-impact of an arrest or conviction does not end once a person completes their sentence. Nationally, the American Bar Association found more than 40,000 “collateral consequences,” civil and statutory barriers that can prevent people from enrolling in school, finding stable housing or employment, or obtaining a professional license (e.g., a beautician’s license or admission to the state bar). Having a criminal record makes it less likely that a person will find employment, and even when employed, formerly-incarcerated people earn significantly lower wages than similar workers without an incarceration history. In communities with high rates of incarceration, employment and labor force participation of young black men is reduced, contributing to income inequality across demographics.
The Opportunity
The Second Chance Act (SCA) is a federal effort that has received significant bipartisan support and produced results. Using SCA funds, DOJ provides grants to state and local governments, and nonprofit organizations, to reduce recidivism by addressing the myriad of collateral consequences that can derail a justice-involved person’s successful reintegration into his or her community. Research suggests that stable housing and sustained engagement with education or employment reduces the likelihood that a person will recidivate. And, yet, justice-involved individuals face significant barriers to these very things. The Second Chance Act helps local communities address these issues and provide legitimate second chances for success so that people can exit the justice system and lead law-abiding lives. The Second Chance Reauthorization Act of 2017 would expand the number of grants available, promote increased accountability of grantees, and better equip grantees to measure and track outcomes.
In addition to allocating funding for states and localities, the Federal Government should take steps to promote fair hiring policies and eliminate collateral consequences at the federal level.
Action Steps
Legislative
Congress should increase funding levels for SCA from $68 million to $100 million, and pass the Second Chance Reauthorization Act of 2017.
Congress should pass the bipartisan Fair Chance Act of 2017, which would prohibit federal employers and contractors from asking a job applicant about his or her criminal history until the final stages of the interview process. The legislation would cement recent hiring changes implemented via rule by the Federal Government in January, and extend similar policies to federal contractors.
Executive
DOJ should publicly reaffirm its support for the Second Chance Act, and call on Congress to increase funding levels.
DOJ, in collaboration with the Departments of Education, Housing and Urban Development, and Labor, should continue to provide guidance to the field to increase opportunities for education, stable housing, and employment for formerly incarcerated individuals and other justice-involved people.
