Housing and Criminal History - PowerPoint Presentation

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Housing and Criminal History

Wendy Olson

U.S. Attorney, District of Idaho

Kathy Griesmyer

Public Policy Strategist, ACLU of Idaho

April 14, 2014

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Introduction

97% of the offenders in prison today will be released at some point. Most of them will be returning to the communities in which they lived when they offended; the vast majority will be living in the state where they had been incarcerated.

Many of these offenders will struggle to find appropriate housing. And their residential instability will make them more likely to fail in the community and return to prison.

Research has found a significant connection not only between homelessness and incarceration, but between homelessness and re-offending (John Jay College, The Fortune Society, BJA, 2009).

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Studies have shown that the first month after release is a vulnerable period during which the risk of becoming homeless and/or returning to criminal justice involvement is high

Yet in most jurisdictions, affordable and available housing is in short supply

Introduction

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The Growing Reentry Movement

There is a growing consensus among federal, state, local and private entities involved with offender reentry initiatives that their vision is to collaboratively develop strategies that will promote a greater likelihood of offender success after release to the community.

Having a greater percentage of offenders successfully reintegrate into communities means a reduction of recidivism and enhanced public safety (fewer crimes, fewer victims).

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National Overview

There are 7.3 million adults currently under criminal justice supervision in the U.S.

$60 billion spent annually (does not include prosecution costs, costs to victims, etc.) up from $9 billion in 1980

7 million adults represents 1 in every 31 adults in U.S.

It was 1 in every 90 adults in 1980

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2.3 million adults are in prison or jail (a 700% increase in the last 35 years). 1.5 million in prison; 800,000 in jail.

Over 5 million adults are under community supervision (1 in every 45 adults in U.S. currently under community supervision

).

4.27 million adults are on probation (3 million in 1995).

828,000 adults are on

parole

National Overview

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Criminal Justice History

Approximately 30% of the nation’s adult population has a criminal record.

There are 13 million released felons in the U.S.

6.5% of the entire adult population

11% of the adult male population

Bureau of Justice Statistics, US Dept. of Justice

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Idaho Overview - Incarceration

11

th

highest incarceration rate in U.S. despite low crime rate, 7

th

lowest in the nation

(National Institute of Corrections)

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Idaho Overview – Probation/Parole

4

th

highest populations of probationers in U.S.

12

th

highest populations of parolees in U.S.

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Justice Reinvestment Initiative

National reform project brought to Idaho by Council on State Governments

Looks to address three primary issues:

Reduce recidivism

Prioritize non-violent, low-risk individuals to be released on parole

Improve data collection systems

Idaho Overview - JRI

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Reducing RecidivismIDOC study from 2013 shows 35% recidivism rate for all individuals involved in the correctional system

30% of people on felony probation/rider sentences end up violating term of program and end up in prison (CSG report 2014)

Idaho Overview

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Returning Offenders

In 2013, approximately 700,000 offenders were released from prisons in the U.S. and returned to their communities.

144,000 offenders were released from prisons in 1980.

This large number of returning offenders places great strain on existing community resources – to include appropriate housing.

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Community Outcomes

A significant number of offenders fail to successfully reintegrate into communities – nearly 2/3 will be rearrested within three years of release, and half of those reincarcerated.

(Langan and Levin, 2002; BJA, 2006.)

Revocations are the fastest growing category of prison admissions

Parole violators account for 35% of new prison admissions today, as compared to 17% in 1980.

About 41% of offenders on probation fail to successfully complete supervision.

New court commitments declined from 81% to 60% of prison admissions (1980-2000)

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Why is there so much failure?

Over ¾ of offenders have a history of substance abuse use

Lack of job skills/limited education

Poor reasoning skills/criminal thinking/attitude and decision making processes

Absence of pro-social support groups

Mental health/ general health problems

The nature of the person’s social network and associations

Absence of a stable residence

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Offender Housing

Nationally, more than 10% of offenders are homeless at the time of their release from prisons and jails– it may be up to 30% or more in large urban centers (Black and Cho, 2004).

There are approximately 850,000 homeless people in the U.S. at present. BJA, Reentry Policy Council, 2007

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Housing After Release

Stable and appropriate housing has always been a critical concern for returning offenders, criminal justice organizations, and local communities.

Homelessness in the first 90 days after release significantly increases the likelihood of re-offending (Harding and Harding, 2006).

Housing and job instability contribute enormously to offender failure under supervision. GA DOC.

Individuals who move initially from prison or jail to homeless shelters are 7 times more likely to abscond from parole than other offenders (Vera Institute, N.Y., 1999).

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Community Costs

In New York, it costs more than $32,000 per year to serve a single person who stays in homeless shelters and returns to prison. Hospitalizations and child welfare involvement drive this price tag even higher.

Prison and jail are among the most expensive settings to serve people who are homeless: one nine-city study calculated median daily costs for prison and jail at $59.43 and $70.00 respectively, compared with $30.48 for supportive housing.

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Housing options– what do we have in place?

Options for a returning offender:

Own a home/live with family

Live with friends

Private market rental housing

Non-profit housing options

Half-way houses

Supportive housing

Shared living arrangements

Specialized reentry housing

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Higher

Turnover

Lease Violations

Community Reputation

Fighting NIMBY (may exist already in affordable housing)

Damage Collections Against Tennant

Risk of Injury to Residents/Staff

Landlord Liability for Known/Preventable Action

“Concerns” Regarding Renting to Those With a Prior Criminal History

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Landlords

cannot screen and deny for all criminal history

Likely violation of fair housing

laws

May be disproportionate impact on some groups given disproportionate incarceration rates of those groups

Consider screening only for

convictions that pose threat to tenants or property

Murder vs. trespassing

Criteria typically establishes timeline based on conviction

How old is it?

What has history been since that time?

Screening for Criminal History

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Federal restrictions on publicly supported housing

“This is an Administration that believes in the importance of second chances . . . And at HUD, part of that support means helping ex-offenders gain access to one of the most fundamental building blocks of a stable life – a place to live.”

HUD Secretary Shaun Donovan, 1/5/2011

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Federal Restrictions on Offenders in Publicly Assisted Housing

There are few federal restrictions that would prevent offenders from living in publicly assisted housing. The federal restrictions apply to the following:

Sex offenders who must register for life

Offenders convicted of manufacturing or possessing methamphetamine in publicly assisted housing.

Three year ban if evicted from publicly assisted housing for drug-related criminal activity

Committing arson while living in publicly assisted housing

While local PHAs may choose to create more restrictions, these are not imposed by HUD.

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PHAs can decline admission to:

1. Individuals

who have engaged in any drug-related or violent criminal activity or

other criminal

activity during a reasonable time period prior to the application for housing if

it would

adversely affect the health, safety, or right to peaceful enjoyment of the

premises by

other residents.

Federal Restrictions on Offenders in Publicly Assisted Housing

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2. Individuals who are illegally using a controlled substance, or have a history of

abuse of

drugs or alcohol that may interfere with the health, safety, or right to

peaceful enjoyment

of the premises by other residents

.

3. Any individual that has been evicted from federally assisted housing because of

drug-related criminal

activity in the previous three years. This includes individuals and

household

evicted under HUD’s “One Strike” policy. Under this

policy, evictions

may occur

if any member of a

household

or guest of a household engages in any

criminal activity

that threatens the health, safety, or right to peaceful enjoyment of the

premises by

other tenants or any drug-related criminal activity, on or off the premises.

Federal Restrictions on Offenders in Publicly Assisted Housing

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Additional thoughts

Supportive housing has been shown to reduce criminal justice involvement, reducing jail incarceration rates up to 30 percent and prison incarceration rates up to 57 percent.

According to a cost analysis by the Corporation for Supportive Housing, a single re-entry housing unit in New York used by two people over one year can save $20,000 to $24,000 relative to the cost of release to shelter and re-incarceration.

Culhane, 2002

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Approaches to housing issues

“In

2006, the Corporation for Supportive Housing (CSH) launched its Returning Home Initiative. Under this initiative, CSH has worked collaboratively with the Cook County Jail in Illinois to pilot a program that links people with long histories of homelessness, mental illness, and incarceration to supportive housing.

This effort focuses

on people that:

Have demonstrated a history of repeated

homelessness

upon discharge from jail;

Have been engaged by the jail’s mental health

services

or state mental health system at least 4 times;

Have a diagnosed serious mental illness of

schizophrenia

, bipolar, obsessive compulsive or schizo-affective disorder

.”

Source:

“Moving towards evidence based housing programs”. Roman, 2009

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Many Landlords/Operators Not Completely Against Allowing Ex-Offenders

Primary issue is financial

Who is going to provide guarantee?

Property

Rent (financial)

Risk to residents/community reputation

Potential additional costs to the Provider/Landlord

Additional Staffing

Security

Some Thoughts on a Forward Looking Approach

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