INTRODUCTION HISTORY OF COLLATERAL CONSEQUENCES - PowerPoint Presentation

1. INTRODUCTION

2. HISTORY OF COLLATERAL CONSEQUENCES

3. WELL-KNOWN COLLATERAL CONSEQUENCES

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5. WELL-KNOWN COLLATERAL CONSEQUENCEShousing

6. BARRIERS TO HOUSING PUBLIC HOUSING Federal Restrictions Local Restrictions PRIVATE HOUSING

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8. BARRIERS TO STABILITY There are more than 44,000 local, state, and federal restrictions placed on people with convictions.

9. ADDITIONAL WELL-KNOWNCOLLATERAL CONSEQUENCESVoting Jury Service Food Stamps Impact on families

10. WELL-KNOWN COLLATERAL CONSEQUENCESEmployment

11. EFFECT OF CONVICTION ON EMPLOYMENTLimited employment opportunities Background checks Approximately 60% of potential employers influenced by arrest record

12. OCCUPATIONAL ANDPROFESSIONAL LICENSES Application for licensure Maintaining licensure Examples

13. BUSINESS LICENSES Government contracts Examples

14. ORGANIZATIONS IN TENNESSEETriCorProject ReturnTJC

15. HOW A CRIMINAL CONVICTION MAKES IT HARDER TO GET INTO COLLEGE…AND WHETHER IT SHOULD

16. U.S. SECRETARY OF EDUCATION JOHN B. KING JR. - 2016“The college admissions process shouldn’t serve as a roadblock to opportunity, but should serve as a gateway to unlocking untapped potential of students. As a nation we must work to make that commonplace. We must ensure that more people, including those who were involved in the criminal justice system in their past but paid their debt to society, have the chance at higher education opportunities that lead to successful, productive lives, and ultimately create stronger, safer communities.” 

17. HOW DO PEOPLE APPLY TO COLLEGE?The majority of people in this country who apply to college use a document called The Common Application. It is accepted by more than 600 Colleges and Universities. In 2006, for the first time, the Common Application started asking applicants about their criminal backgrounds.

18. WHAT DOES THE COMMON APPLICATION ASK APPLICANTS?

19. Have you ever been adjudicated guilty or convicted of a misdemeanor, felony or other crime?Yes or No?

20. If you answered “yes” please attach a separate sheet of paper that gives the approximate date of each incident, explains the circumstances, and reflects what you learned from the experience.

21. Why Does This Question Matter?

22. 2015 CENTER FOR COMMUNITY ALTERNATIVES STUDYThe study looked at all applicants who, started but failed to complete, an application to all State University of New York Schools.The study found that 2/3 of all applicants with a prior felony conviction did not complete the process, in large part due to the onerous requirements for detailing their convictions.

23. Are Colleges Safer because Applicants are asked about their Criminal Background?

24. Task Force on theSafety of theCampus CommunityThe University of North CarolinaOffice of the PresidentFinal ReportDecember 14, 2004

25. Key FindingsThe UNC student population, across all campuses, for the three-year period July 1, 2001, through June 30, 2004, was approximately 250,000 individuals. During this period, a total of 1,086 campus crimes were reported. A student was identified as the suspect in 532 (49%) of these cases.

26. Among the 250,000 individual students enrolled on UNC campuses during the three-year time period examined, only 21 who committed a campus crime had a prior criminal history.

27. Of all crimes committed by a student on a UNC campus during this time period, 4% of the identified suspects had a prior criminal record.

28. That means that the chance of a UNC student with a prior criminal record committing a crime on a UNC Campus during this time period was .0084%.

29. Why should we care about whether a criminal conviction makes the college application process more difficult?

30. United States Department of EducationThe research suggests that colleges and universities that admit students with a criminal justice history have no greater crime than those that do not.

31. Individuals with a criminal history are less likely to complete the college application process due to questioning about their criminal background.

32. Colleges and universities that give justice-involved youth and adults opportunities to earn a postsecondary degree or training certificate contribute to more positive outcomes for individuals, their families and their communities.

33. STOP ASKING THE QUESTION!This is a Collateral Consequence we can actually do something about.

34. If we as a society think its important, and there are both individual and community benefits, for applicants with prior criminal records to go to college, we can actually even the playing field by removing this question from the application process.

35. WHERE THINGS STANDIn 2016, the US Department of Education urged the Common Application to move “Beyond the Box” and stop asking about criminal convictions in the application process.

36. The Secretary of Education argued, “We believe in second chances. We have to give people who have paid their debt to society a fair shot at college and careers. Together we can make that a reality”.

37. In 2017, the Common Application announced that it will continue to ask applicants about their criminal history.

38. WELL-KNOWN COLLATERAL CONSEQUENCESIMMIGRATION

39. IMMIGRATION STATUSWide range of Crimes will permanently affect status of lawfully-admitted non residents8 U.S.C. 12278 U.S.C. 11828 U.S.C. 1427For most of these categories, relief is unavailable short of pardon 

40. DEPORTATION REQUIRED UPON CONVICTIONFirearm/Destructive DeviceDomestic Violence

41. DEPORTATION + NO REENTRYAggregated FelonyControlled SubstanceCrimes of Moral Turpitude (potentially based on circumstances)Prostitution/Commercialized viceAny 2+ convictions of any type that amount to 5+ years in prison

42. INELIGIBLE FOR CITIZENSHIPTwo Gambling OffensesConfinement for an aggregate 180 days

43. CASE STUDY: PADILLA V. KENTUCKY559 U.S. 356 (2010)Padilla:In US lawfully for 40+ yearsServed US Armed Forces in Vietnam

44. Charged with marijuana distributionPled guilty to avoid trial/lessen the offense charged

45. Was not informed by his attorney of the immigration consequence of the plea

46. PADILLA V. KENTUCKYHOLDING:While the immigration collateral consequences are not technically part of the “sentencing,” as a practical matter the immigration result is so central to the effect that it ought to be considered as if it were.Attorneys have a constitutional obligation to inform their clients properly about any potential immigration effect.

47. PADILLA V. KENTUCKYOPINION:“We have long recognized that deportation is a particularly severe “penalty,” but it is not, in a strict sense, a criminal sanction …. Our law has enmeshed criminal convictions and the penalty of deportation for nearly a century, And, importantly, recent changes in our immigration law have made removal nearly an automatic result for a broad class of noncitizen offenders. Thus, we find it “most difficult” to divorce the penalty from the conviction in the deportation context.   Moreover, we are quite confident that noncitizen defendants facing a risk of deportation for a particular offense find it even more difficult. “(citations omitted, emphasis added)

48. WELL-KNOWN COLLATERAL CONSEQUENCESSex offender registry

49. SEX OFFENDER REGISTRYStigmatization, Humiliation, OstraticizationResentmentHarassment and Assault (to registrants)Affects on family members and relationshipsExacerbation of many other collateral consequences (e.g., employment, education, housing, loans, etc.)Limitations on mobility (housing, travel to/near schools, etc.

50. SEX OFFENDER REGISTRYWidespread belief in value of the registriesConsequently, the scope of violations leading to registration have expanded over the years

51. SEX OFFENDER REGISTRYSpotlight: Underaged “Sexting”2017 Tennessee law addressing SextingAttempted to minimize penal aspectIncrease educational aspect

52. LESSER KNOWN COLLATERAL CONSEQUENCES

53. Lesser known professions subject to the collateral consequences of a felony conviction

54. Tenn. Code Ann §62-3-121

55. Tenn. Code Ann §68-104-204

56. TENN. CODE ANN §44-17-107

57. EFFORTS TO RESTORE RIGHTS AFTER FELONY CONVICTIONS

58. RESTORATION OF VOTING RIGHTS

59. TENNESSEEPrior to 2006, in order to restore voting rights, a convicted felon had to seek restoration of voting rights in circuit court in an adversarial proceeding. In 2006, T.C.A. 40-29-201, et seq. passed, standardizing the voting rights restoration process

60. TN REQUIREMENTS TO REINSTATE VOTING RIGHTSSentence completeFinish probation and parolePay all court-ordered fines, fees, restitution and court costs.Current on court-ordered child supportObtain and file a Certificate of Restoration and Voter Registration form

61. RESTRICTIONS TO REINSTATEMENT OF VOTING RIGHTS IN TENNESSEEDiffers based on date of conviction:January 15, 1973 and May 17, 1981:No restrictions

62. If you were convicted of the following crimes between July 1, 1986 and June 30, 1996, you cannot vote:First degree murderAggravated rapeTreasonVoter fraud

63. If you were convicted of the following crimes between July 1, 1996 and June 30, 2006, you cannot vote:MurderRapeTreasonVoter Fraud

64. If you were convicted of the following crimes between July 1, 1996 and June 30, 2006, you cannot vote: Any violent sexual offense designated as a felony where the victim of the offense was a minorOffenses against the administration of government (official misconduct) by elected or appointed officials

65. EFFECTS OF THE CHANGE IN THE TENNESSEE LAW:Tennessee is one of 11 states nationwide that permanently disenfranchise citizens from voting. In the past 30 years, approximately 160,000 Tennessee citizens have been banned from exercising the right to vote following completion of all terms of their sentences. The process for certain ex-felons to have their right to vote restored remains lengthy and complicated.

66. TENNESSEE LITIGATION EFFORTS TO REINSTATE VOTING RIGHTSJohnson v. Bredesen: Challenged the new 2006 Tennessee statute’s requirement that convicted felons pay all outstanding LFO’s, prior to reinstating voting rights.

67. Argued that it created an undue financial burden before voting, which is tantamount to a poll tax in violation of the constitutional right to vote and the 14th Amendment’s equal protection clause.

68. Further argued that it violates the 24th Amendment’s voting rights provision and the due process protections in the federal and state constitutions.

69. THE 6TH CIRCUIT RULED AGAINST JOHNSON ON OCTOBER 28, 2010.

70. CURRENT EFFORTS IN FLORIDA TO REINSTATE VOTING RIGHTSCurrently, more than 25% of the 6.1 million ex-felons who can’t vote live in Florida.In November, Florida will vote on Second Chances Voting Restoration Amendment proposed to overturn the state’s restrictions on felon voting rights If passed, it would automatically restore the right to vote to ex-felons who have completed their sentences, except those convicted of murder or sexual assault. Requires 60% of voters for it to pass.

71. EX-OFFENDER SECOND CHANCE RE-ENTRY employer Initiatives to limit barriers FOR EX-OFFENDERS

72. “BAN THE BOX”“There are an estimated 70 million U.S. adults with arrests or convictions, many of whom are turned away from jobs despite their skills and qualifications.” – National Employment Law Project (NALP) Fact Sheet

73. The “box” on a job application is a barrier because it has a chilling effect that discourages people from applying. Provides applicants a fair chance by removing the conviction history question from job applications and delaying background checks until later in the hiring process.

74. Eighteen states, including Tennessee, and more than 150 cities and counties have embraced ban the box and other fair-chance policies.

75. Requesting “Voluntary disclosure” of background check information circumvents “ban the box” as applicants are often directed to provide background check information by job services

76. “TARGETED HIRING” Individuals are released from incarceration and return to neighborhoods suffering from underemployment and lack of opportunity.

77. Targeted hiring measures create obligations on employers to include particular categories of workers such as local and disadvantaged workers as a part of their workforce. It is essential that the categories of individuals who will benefit from targeted hiring be clearly and specifically defined.

78. Targeted hiring policies are intended to benefit groups of disadvantaged individuals, not to ensure that any particular individual gets hired. It’s important that employers retain the authority to make (and the responsibility of making) individual hiring decisions.

79. “CONDITIONAL OFFER”“The most effective policies delay conviction history inquiries until after a conditional offer.” – NALP

80. A conditional offer signals that the individual is the most qualified person for the job and the final step in the hiring process is the criminal background check.

81. This initiative delays records-related inquiries until after conditional offer is given then consider the job-relatedness of a conviction, time passed, and mitigating circumstances or rehabilitation evidence

82. Sample application language:“This position is subject to a background check for any convictions related to the position’s duties and responsibilities and will be conducted only after a conditional offer. A conviction history will not automatically disqualify an applicant.”

83. CASE STUDY: JOHNS HOPKINS HOSPITAL SUCCESS IN HIRING EX-OFFENDERS

84. Institution's rationale for implementing ex-offender initiatives:Consistent with mission and cultureDecision to stay in East Baltimore, an at-risk neighborhoodRe-entering offenders with no job are more likely to return to crimeJobs stabilize the communityEx-offenders are great workers

85. Institutional commitment:To hire from non-traditional sources, and provide opportunities for those with a limited work history.

86. Successful Procedures/Practices for Re-Entry:

87. No “box”Normal application / interview processReview against Johns Hopkins’ Guidelines for Criminal Background Checks

88. If chosen, criminal history reviewedIndependent review by Security working with HR to ensure successful placementIf hired, background file kept in HR and manager notified only if neededCoach assigned to support transition, when needed

89. GUIDELINES FOR CRIMINAL BACKGROUND CHECKS: To determine the relevance of an applicant’s criminal     background, Johns Hopkins examines the following:Job and dutiesTime, nature and number of convictionsCircumstances and relationship between convictionsTime between conviction and decision to hireEmployment before and after to see the extent of rehabilitationApplicant’s attempts at rehabilitationAge at time of convictionImpact of conviction and relevance to security and safety of employees, patients and visitorsWhether the applicant disclosed this information

90. CONCLUSION Ex-offender re-entry policies have a real impact. Research indicates that once an employer has had the chance to examine the qualifications of the applicant, the employer would be more willing to hire the applicant. Removing conviction inquiries from job applications is an institutional policy change that eases hiring barriers and creates a fair chance for individuals to compete for jobs.

91. OTHER EFFORTS TO RESTORE POST-CONVICTION RIGHTS

92. FIREARMS Tennessee restrictions on felons possessing firearms:Firearms: T.C.A. 39-17-1307(b) - Anyone convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or a felony drug offense may not possess any firearm.Antique weapons: T.C.A. 39-17-1316(b)(1) - Excepts antique weapons from the prohibition.

93. HANDGUNS: T.C.A. 39-17-1307(c):Felons may not possess handguns. T.C.A. 39-17-1351(C)(6):Those convicted of certain misdemeanors also prohibited from getting a handgun carry permit.

94. RESTORATION OF RIGHTS RELATED TO FIREARMSFirearms rights may be regained by a pardon, judicial order, expungement, or set-aside.For crimes that did not involve violence or drug trafficking, they may also be regained through a certificate of restoration under T.C.A. 40-29-105.Persons with federal or out of state convictions may petition circuit court for restoration under T.C.A. 40-29-101(a).Expungement can restore many firearms rights. (T.C.A. 40-32-101(g)(15)(B). Effective May 2013, a pardon may serve as grounds for expungement and thus restoration of firearms rights.

95. FEDERAL LAWS GRANTING FIREARMS OWNERSHIP RIGHTS TO CONVICTED FELONS1965 – Amendment to Federal Firearms Act of 1938 permitted convicted felons to apply to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for relief from the disability of not being able to buy and possess guns. Thousands have had gun rights restored under the amendment.1986 – Firearm Owners’ Protection Act – expanded the program to allow felons convicted of gun crimes to obtain relief.

96. Other Reentry Support Efforts in TNMemphis: Established the Memphis and Shelby County Office of ReentryPartnership organization that connects community providers, local and state government, and civic leaders to bring reentry resources within a single entity.Provide resources for disability and other benefits, education and training support, employment referral and workforce development, housing supports, identification replacement, physical and behavioral health supports.

97. Potential Tennessee legislation to reform reentry policies:Bill to improve access to record clearing – reducing state’s expungement fee from $350-$180.Bill to permit someone with no more than 2 convictions to petition for expungement of both convictions 5 years after most recent of two sentences complete or 10 years in case of drug offense.Bill to amend expungement processes for juvenile records.Bill to separate petition for certification of employability from process of restoring rights of citizenship, making employability certification easier to obtain.

98. PANNEL DISCUSSION

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101. Source: Tennessee Department of Corrections

102. Source: Tennessee Department of Corrections

103. Source: Pew Charitable Trusts

104. Source: Vera Institute of Justice

105. Source: U.S. Census Bureau

106. Source: The Tennessean

107. Source: U.S. Department of Justice

108. Source: U.S. Census Bureau

109. Source: Tennessee Department of Education

110. Public SafetyTaxpayer ProtectionPreventionWorkforce ReadinessRe-Entry PreparationTransparency & AccountabilityOUR PRINCIPLES

111. A just and fair criminal justice system will ensure that every Tennessean has the opportunity to become a productive member of society.OUR GOAL