Serving Homeless Clients with Criminal Justice "Issues": Slowing the Revolving Door

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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

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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

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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

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The Systems 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

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Impacts of a Criminal Record

• Numerous, significant, life-long
• Voting
• Government Benefits
• Credit
• Public and Private Housing
• Child Custody /Adoption

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Employment Barriers

• Applicant discloses record --gt employer wont
  hire
• Worker does not disclose --gt fired for false
  job application
• Criminal records are increasingly available
• public websites
• private search companies
• national credit reporting agencies

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Debates About Impacts

• Data on re-offending vs. predicting individual
  behavior
• Protecting vulnerable populations
• If you cant find work, cant pay child support

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What Serves the Public Interest?

• The whole point is for someone whos made a
  mistake to have a chance to reclaim their life.
• - Judge Henry Kron, NY

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2008 Second Chance Act

• Lowering job barriers lowers recidivism.

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Civil Rights Issues

• Arrests without conviction disparate impact
• US Equal Employment Opportunity Commission
• Informal Guidance Letters
• Lawsuits in Maryland and Michigan

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What Can Homeless Service Providers Do?

• Connect with local diversion programs.
• Liaise with criminal justice agencies
• Participate in cross training
• Help clients to address having a record.
• Learn the strategies that work in your state.

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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/CommunitySuppo
  rt/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

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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

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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

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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

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Local Diversion Contacts

• National GAINS Center, (800) 311-GAIN
• http//www.gainscenter.samhsa.gov/html/
• Council on State Governments Consensus Project,
  [phone]
• http//consensusproject.org/

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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/exp
  ungement-state-info.html
• Some states law requires individualized
  consideration
• Public employers and licensing
• Private employers
• http//www.hirenetwork.org/resource.html

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Assist Clients with a Record

• Bonding
• Tax Incentives
• Prepare for job applications and interviews

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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/inde
  x.html
• Program is state-operated
• Contact info for State Coordinators
• http//www.bonds4jobs.com/state-coordinators.html
  

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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

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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

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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

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Job Applications Interviews

• Fully explain whats changed provide
  documentation
• Military service
• Rehabilitation/treatment
• Education/work
• Community service / church involvement
• Provide Federal Bonding info
• State coordinators name, phone and email
• Program form and description
• Not hired? Send letter, review above, seek
  reconsideration

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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

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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

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The Reality

• Escaping the revolving door?

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Resources

• 2008 Second Chance Act
• http//thomas.loc.gov/cgi-bin/bdquery/D?d1101./t
  emp/bdFPGW/home/LegislativeData.php?nBSSc11
  0
• U.S. Equal Employment Opportunity Commission
• http//www.eeoc.gov/
• SAMHSA resources
• http//mentalhealth.samhsa.gov/cmhs/CommunitySuppo
  rt/toolkits/employment/

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Resources

• U.S. Equal Employment Opportunity Commission
• http//www.eeoc.gov/
• SAMHSA resources
• http//mentalhealth.samhsa.gov/cmhs/CommunitySuppo
  rt/toolkits/employment/
• National GAINS Center, Tel (800) 311-GAIN
• http//www.gainscenter.samhsa.gov/html/
• http//gainscenter.samhsa.gov/pdfs/veterans/CVTJS_
  Report.pdf

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Resources

• Consensus Project. Tel [phone]
• 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

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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/

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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

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QA

• Stephan Haimowitz, Homeless Veterans
  Reintegration Project, US Dept. of Labor,
  Veterans Employment and Training Service
• Burton Blatt Institute, Syracuse University
  sjhaimow_at_law.syr.edu
• Steven Samra, Recovery Specialist, Center for
  Social Innovation, ssamra_at_center4si.com
• Moderator Justine Hanson, Deputy Project
  Director, Homelessness Resource Center,
  jhanson_at_center4si.com