Presentation made at the annual conference of the National Association of Workforce Development Professionals (May 2012)

1. Reentry Myth Busters
John Rakis, Consultant to
The National Institute of Corrections

2. National Institute of Corrections
The National Institute of Corrections is an agency
housed within the U.S. Department of Justice that
was established to provide leadership, training, and
technical assistance to the field of corrections.

3. NIC Resources and Services
 The NIC Information Center, based in
Longmont, CO, is a clearinghouse for a variety
of corrections-related information.
 1-800-877-1461

4. NIC’s Website
An excellent resource for downloadable documents
related to all aspects of corrections, a blog, public forums,
and training opportunities and resources

5. www.nicic.gov

6. Why Focus on Reentry?
2 in 3 released prisoners
1 in 100 U.S. adults 95% will be released to
will be rearrested within
behind bars the community
3 years
• 1 in 15 African • More than 700,000 • Half will be re-
American men annual releases from incarcerated for new
incarcerated state and federal crimes or technical
prisons violations
• 9 million cycle through • U.S. spends $74
local jails each year billion/year on
corrections

7. Reentry is a Public Safety Issue, but also:
An employment 2 in 3 men were working/financial contributors before
issue incarceration. Incarceration substantially reduces earnings.
A public health Individuals released from prisons and jails represent a sizable
issue share of the US population carrying communicable diseases.
Homelessness is associated with a higher risk for
A housing issue incarceration and incarceration contributes to an
increased risk of homelessness.
Of the 20 fastest growing occupations, 13 require postsecondary
An education issue education. Yet only 22% of prisoners have any postsecondary
experience, compared to 51% of the general population.

8. Reentry is a Public Safety Issue, but also:
A behavioral health 2/3 of people in prison meet criteria for substance abuse or
dependence and 24% have a mental illness. Few receive needed
issue treatment while incarcerated or after returning to the community.
A family/fatherhood 1 in 28 children has a parent behind bars. 1 in 9 African American
issue children has a parent incarcerated.
A large number of incarcerated people come from – and return to
A community issue – a relatively small number of already disadvantaged
neighborhoods.

9. Reentry presents a major opportunity to
improve public safety, public health,
workforce, education, family, and
community outcomes.

10. Cabinet-level Interagency
Reentry Council
• Attorney General
hosted first meeting on
01/05/11
• 7 Cabinet members
and other
Administration leaders
in attendance
• Bi-annual meetings

11. Reentry Council Mission Statement
To support the Administration’s efforts in advancing
public safety and well-being through enhanced
communication, coordination, and collaboration
across Federal agency initiatives that:
1. Make communities safer by reducing recidivism and
victimization;
2. Assist those returning from prison and jail in
becoming productive citizens; and
3. Save taxpayer dollars by lowering the direct and
collateral costs of incarceration.

12. Reentry Council Goals
• To identify research and evidence-based practices,
policies, and programs that advance the Reentry
Council’s mission around prisoner reentry and
community safety.
• To identify Federal policy opportunities and barriers
to improve outcomes for the reentry population.
• To promote Federal statutory, policy, and practice
changes that focus on reducing crime and improving
the well-being of formerly incarcerated individuals,
their families and communities.

13. Reentry Council Goals
• To identify and support initiatives in the areas of
education, employment, health, housing, faith, drug
treatment, and family and community well-being that
can contribute to successful outcomes for formerly
incarcerated individuals.
• To leverage resources across agencies that support this
population in becoming productive citizens, and
reducing recidivism and victimization.
• To coordinate messaging and communications about
prisoner reentry and the Administration’s response to
it.

14. Coordinate and Leverage Resources
National Reentry
Resource
Center
inventoried and
mapped major
federal reentry
resources
going to states
and localities
www.nationalreentryresourcecenter.
org

15. Address Federal Barriers to Reentry
 Public Housing
 Barrier to Employment
 Veterans
 Access to Benefits
 Collateral Consequences

16. Collateral Consequences
 Additional civil state penalties, mandated by
statute, that attach to criminal convictions.
 loss or restriction of a professional license,
ineligibility for public funds, loss of voting
rights, ineligibility for jury duty, and
deportation for immigrants.
 Vary from state-to-state

17. Collateral Consequences
 The Legal Action Center (LAC) provides a state-
by-state and issue-by-issue overview of legal
barriers facing ex-offenders. A “report card”
using criteria developed by the LAC grades each
state for its performance on key principles
related to successful reentry of offenders.
 www.lac.org

18. Ban the Box
WWW.NELP.ORG

19. What are Myth Busters?
 First product of the Federal Interagency
Reentry Council
They are fact sheets, designed to clarify existing
federal policies that affect formerly incarcerated
individuals and their families in areas such as public
housing, access to benefits, parental rights,
employer incentives, and more.

20. What are Myth Busters?
Each sheet address a common
‘myth’ about reentry, ranging
from financial aid to
employment opportunities.
It lists facts debunking the myth,
answering common
misperceptions…
…describes the details of each,
including explanations of different
state policies…
…and lists important suggestions
and recommendations for readers.
A the end of the form, each sheet
lists useful online resources.

21. Who can use Myth Busters?
 Prison, jail, community corrections, and parole
officers
 Reentry service providers and faith-based
organizations
 Employers and workforce development
professionals
 State and local agencies

22. What Topics are Covered?

23. On Public Housing
myth fact
Individuals Public Housing Authorities have
who have been great discretion in determining
convicted of a their admissions and occupancy
crime policies for ex-offenders. While
are “banned” from PHAs can choose.to ban ex-
offenders from participating in
public housing.
public housing and Section 8
programs, it is not HUD policy to do
so. In fact, in many circumstances,
formerly incarcerated people
should not be denied access.

24. On the Work Opportunity Tax Credit
myth fact
Employers have no Employers can save money on their
federal income tax federal income taxes in the form of
advantage by a tax credit incentive through the
hiring an ex-felon. Work Opportunity Tax Credit
(WOTC) program by hiring ex-
.
felons. An ex-felon under WOTC is
an individual who has been
convicted of a felony under statue
of the United States or any State,
and has a hiring date which is
within one year from the date of
conviction or release from prison.

25. On Federal Bonding Programs
myth fact
Businesses and Through the Federal Bonding
employers have no Program (FBP), funded and
way to protect administered by the U.S. DOL,
themselves from fidelity insurance bonds are
potential property available to indemnify employers
.
for loss of money or property
and monetary
sustained through the dishonest
losses should an
acts of their employees (i.e.,
individual they hire theft, forgery, larceny, and
prove to be embezzlement).
dishonest.

26. On Hiring/Criminal Records Guidance
myth fact
People with An arrest or conviction
criminal records record will NOT
are automatically automatically bar individuals
barred from from employment.
employment. .

27. Criminal Histories and Employment
Background Checks
myth fact
An employer can According to the Fair Credit Reportng
get a copy of your Act (FCRA), employers must get one’s
permission, usually in writing, before
criminal history
asking a background screening
from companies company for a criminal history report.
that .
If one does not give permission or
do background authorization, the application for
checks without employment may not get reviewed. If a
person does give permission but does
your
not get hired because of information in
permission. the report, the potential employer
must follow several legal obligations.

28. EEOC’s New Criminal Record
Guidance - April 25, 2012
 Issued updated enforcement guidance on
employers’ use of arrest and conviction records
when making hiring decisions
 Call for employers to assess applicants on an
individual basis rather than excluding everyone
with a criminal record through a blanket policy

29. EEOC’s New Criminal Record
Guidance - April 25, 2012
 Guidance provides significantly more detail and
direction for employers.
 Provides specific recommendations for how
employer criminal record policies should be
designed to comply with Title VII
 Can be found at:
http://www.eeoc.gov/laws/guidance/arrest_co
nviction.cfm

30. On Child Support
myth fact
Non-custodial Half of all states have formalized
parents who are processes for reducing child support
incarcerated
.
orders during incarceration. Three-
quarters of all states have laws that
cannot have their permit incarcerated parents to obtain
child support a reduced or suspended support
orders reduced. order.

31. On Parental Rights
myth fact
Child welfare Important exceptions to the
agencies are requirement to terminate
required to parental rights provide child
terminate parental welfare agencies and states
rights if a parent is .
with the discretion to work with
incarcerated. incarcerated parents, their
children and the caregivers to
preserve and strengthen
family relationships.

32. On Federal Student Financial Aid
myth fact
A person with a Individuals who are currently
criminal record is incarcerated in a federal, state,
not eligible to or local correctional institution
receive federal have some limited eligibility. In
student financial .
general, restrictions on federal
aid. student aid eligibility are
removed for formerly
incarcerated individuals (under
parole, probation, or those
residing in a halfway house).

33. On Medicaid Suspension vs. Termination
myth fact
Medicaid agencies States are not required to
are required to terminate eligibility for
terminate benefits individuals who are
if incarcerated based solely on
an otherwise .
inmate status. States may
eligible individual suspend eligibility during
is incarceration, enabling an
incarcerated. individual to remain enrolled in
the state Medicaid program,
thereby facilitating access to
Medicaid services following
release.

34. On TANF Benefits
myth fact
A parent with a The 1996 Welfare ban applies
felony conviction only to convicted drug felons,
cannot receive and only eleven states have
TANF/welfare. kept the ban in place in its
.
entirety. Most states have
modified or eliminated the ban.

35. On SNAP Benefits
myth fact
Individuals This ban applies only to
convicted of a convicted drug felons, and only
felony thirteen States have kept the ban
can never receive in place in its entirety. Most
Supplemental .
States have modified or
Nutrition eliminated the ban.
Assistance
Program (SNAP,
formerly the
Food Stamp
Program) benefits.

36. On Social Security Benefits
myth fact
Eligibility for Social Security benefits are not
Social Security payable if an individual is
benefits cannot be convicted of a criminal offense
reinstated when and confined. However, monthly
an individual is .
benefits usually can be
released from reinstated after a period of
incarceration. incarceration by contacting
Social Security and providing
proof of release.

37. On Veterans Benefits
myth fact
Veterans cannot Veterans may inform VA to have
request to have their benefits resumed within 30
their VA benefits days or less of their anticipated
resumed until they release date base on evidence
are officially .
from a parole board or other
released from official prison source showing
incarceratoin. the Veteran’s scheduled release
date.

38. On Veterans Health Care
myth fact
A Veteran with An eligible Veteran, who is not
criminal currently incarcerated, can use
convictions VA care regardless of any
or a history of criminal history, including
incarceration is not .
incarceration. Only when an
eligible for VA otherwise eligible Veteran is
health care. currently incarcerated, or in
fugitive felon status, is he or
she not able to use VA health
care.

39. On Youth Access to Education Upon Reentry
myth fact
Confined youth The majority of youth involved
easily return to in the juvenile justice system
school after have strong aspirations to
release continue their education, yet
from juvenile .
face many barriers that reduce
confinement. their access to education upon
reentry.

40. Want to learn more?
More information on reentry policy is
available at:
National Reentry Resource Center
http://www.nationalreentryresourcecenter.org/

41. Offender Workforce Development
Products and Services
Offender
Employment
Specialist
Training

42. Offender Workforce Development
Products and Services
Offender
Workforce
Development
Specialist
Training

43. Offender Workforce Development
Products and Services
Online/Kiosk
Job
Application
Simulation

44. Offender Workforce Development
Products and Services
Primer on
motivational
interviewing and
how to facilitate
positive change

45. Offender Workforce Development
Products and Services
Career
Resource
Centers

46. For a copy of this PowerPoint and
Links to Resources
JRAKIS@GMAIL.COM