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The upsurge in the ex-prisoner population, along with employment and economic output losses, overwhelmingly reflects changes that have taken place in the U.S. criminal justice system over the years, not changes in underlying criminal activity. |
Legislation like the Clean Slate bill keeps ex-prisoners out of the correctional system, minimizing costly recidivism rates and enhancing public safety
By Dr. Michael Pittaro, Faculty Member, Criminal Justice at American Military University
In 2008, I published an article, “Prisoner Reintegration
Challenges of Assimilation and Crime Desistance,” that focused on
the challenges ex-prisoners face after release. Unfortunately,
what I stated in 2008 still holds true today. Confronted with
uncertainty, animosity, and a multitude of personal, social and
legal barriers, most prisoners reenter society with the
lifelong stigma of being an ex-prisoner and cannot fully
assimilate into society.
The process of “going straight,” which criminologists refer to as
desistance from crime, is multifaceted, yet attainable. While
it’s possible, it is often very difficult for ex-prisoners to
obtain and maintain employment. More needs to be done to
help ex-offenders find work especially since gainful employment
is critical for successful reintegration, reducing recidivism
rates, and cultivating public safety.
WHY IT’S IMPORTANT TO HELP OFFENDERS FIND
EMPLOYMENT
The United States Bureau of Justice Statistics reported
that nearly 95 percent of all state prisoners will be released
back into the community at some point, whether it is tomorrow or
40 years from today. This suggests that only a mere 5 percent of
all state prisoners are serving death sentences or life without
the possibility of parole, and an even smaller percentage will
die in prison while serving out their respective sentences.
However, ex-offenders are likely to have a very difficult time
finding employment. A 2010 Center for Economic and Policy
Research report noted that a prison record greatly reduces
an ex-prisoner’s prospect of garnering employment. Even at the
relatively low productivity rates of ex-prisoners (they typically
have less formal education than the average worker), the
resulting loss of economic output in the United States is
estimated to be between $57 and $65 billion.
The upsurge in the ex-prisoner population, along with employment
and economic output losses, overwhelmingly reflects changes
that have taken place in the U.S. criminal justice system over
the years, not changes in underlying criminal activity.
The dramatic increases in sentencing time, especially for
drug-related offenses, partly accounts for the spike in the
ex-prisoner population. Therefore, changes in both employment and
sentencing laws can have a positive impact on the U.S. economy
while simultaneously reducing overall recidivism rates and
improving public safety. These changes are of significant
importance for African Americans. The NAACP reports
that African Americans comprise 14 percent of the U.S.
population, but disproportionately represent 40 percent of the
nation’s prison population.
LEGISLATION INITIATIVES TO AID EX-OFFENDERS
One promising legislative initiative that is gaining in
popularity is referred to as the "Clean Slate" bill.
The intent of the legislation is to seal the criminal records of
low-level, non-violent ex-offenders who go 10 consecutive years
without another criminal conviction. The legislation will
also seal the records of arrests that did not result in
convictions.
The Clean Slate bill has received widespread bipartisan support.
In early June 2018, it passed the Pennsylvania Senate unanimously
after receiving House approval with only two "no" votes. On June
28, Pennsylvania Gov. Tom Wolf signed it into law. In addition to
increasing employment prospects, the law will also improve
and increase housing and educational opportunities for
ex-offenders.
Another initiative gaining momentum with the blessing of
bipartisan support is known as “ban the box” or “fair chance
policy.” This particular initiative affords applicants a fair
chance at employment by removing the conviction history question
from job applications and delaying background checks until later
in the hiring process.
A 2018 National Employment Law Project publication
reported that, as of June 2018, 31 states, the District of
Columbia, and more than 150 cities and counties have adopted “ban
the box” policies in which employers consider a job candidate’s
qualifications first, without the stigma of a conviction or an
arrest record.
The report also noted that delaying records-related inquiries
until after a conditional offer of employment ensures a fairer
decision-making process. It requires employers to consider the
job-relatedness of a conviction, time passed, and mitigating
circumstances or rehabilitation evidence. Granted, in some cases,
it might just simply delay the inevitable in the form of a
rejection letter, but remember that this policy is primarily
intended to assist low-level, non-violent ex-offenders (namely
drug offenders) in obtaining employment, a key protective factor
in combating recidivism.
Other promising initiatives include the Federal Work
Opportunity Tax Credit Program, which allows a company to claim a
tax credit of up to $2,400 for hiring an employee with a felony
conviction within one year of the date of his or her conviction
or release from incarceration. Additionally, the U.S.
Department of Labor offers a free bonding program for
“at-risk” job applicants, including people with criminal records,
indemnifying employees for loss of money or property due to an
employee’s dishonesty or theft.
Such laws are beneficial for ex-offenders and the community. Not
only do they help ex-offenders obtain gainful employment to help
them successfully reintegrate into society, these measures also
provide ex-offenders with a renewed sense of purpose and identity
that many lack after their release. By keeping them out of the
correctional system, these laws also help minimize costly
recidivism rates and contribute to enhanced public safety.
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Eric Mayo
