Collateral Consequences Workgroup
September 1, 2016
Members present:
- Judge Alex Williams, Chair, Center for Education, Justice & Ethics
- Shaina Hernandez, Greater Baltimore Committee
- Christi Megna, Department of Health and Mental Hygiene
- Glenn Fueston, Governor’s Office of Crime Control & Prevention
- Caryn Aslan, Job Opportunities Task Force
- Yariela Kerr-Donovan, Johns Hopkins HR Department
- Mike O’Halloran, National Federation for Independent Business – Maryland
- James Brenton, Jr., Ahold USA
- John Huffington, Living Classrooms
- Jeff Tosi, Department of Health and Mental Hygiene
Members not present:
- Marsha Netus, AmericaWorks
- Christine Ross, Maryland Chamber of Commerce
Also present:
- Victoria Wilkins, Department of Health and Mental Hygiene
CTV filmed a short interview with Judge Williams, the workgroup Chair, immediately preceding the meeting.
The MAJR fact sheet on the Uniform Consequences of Conviction Act was circulated. The fact sheet was distributed to those in attendance, and Judge Williams accepted it for distribution to workforce members.
The workgroup’s purpose. Judge Williams explained that the workgroup will develop recommendations on how to reduce barriers faced by ex-offenders on release from prison. Its work addresses two charges. First, it will address a directive from Governor Hogan to develop a set of recommendations to minimize collateral consequences on re-entry. Second, it addresses a legislative mandate contained in the Justice Reinvestment Act (JRA) to develop recommendations regarding potential barriers to employment for Maryland’s returning citizens.
Summary of Justice Reinvestment Act (JRA). Cara Sullivan gave an overview of the JRA that emphasized its bipartisan nature, noting key recommendations. The Chair observed that members were familiar with it. There were no questions.
Symposium announced. Caryn Aslan announced that the Maryland Justice Conference will take place at the University of Maryland, College Park, and will focus on the JRA. The date is Thursday, October 27. The conference offers an opportunity for community organizations that will benefit from the changes introduced by the JRA to discuss the components that are to take effect on October 1, ensuring their readiness to participate and capitalize on opportunities for addressing community needs.
Data presentation and discussion. Dr. Jinney Smith, Associate Director of the University of Maryland Data Analysis Center, reported that there is little research and actual data for Maryland the Center can use concerning the difficulty for ex-offenders in securing employment. The assumption is that these difficulties increase recidivism.
Dr. Smith will present what research is available at the next workgroup meeting. She identified several key questions:
- To what extend do 1,100 collateral consequences in Maryland affect the successful integration of returning citizens?
- How many individuals are interested in becoming qualified for various licenses?
- Among the 50 state-level licensing boards, what data is available on the number of people applying for licenses, the number being rejected because of their criminal records, and the number being granted licenses despite their criminal records?
- What is the history and progress of the state’s efforts to assemble comprehensive data on education, income, and employment?
- What is the degree to which the ex-offender community perceives which occupations are or are not available?
Caryn Aslan asked if it would be useful to conduct a new study, similar to one completed in 2009 by Alfred Blumstein and Kiminori Nakamura, to determine the period of time it takes for an ex-offender to pose no greater a risk to society than a person from the general population. In other words, when does the criminal record become irrelevant? Dr. Smith noted that such studies take many years to complete. She added that many variables are involved; for example, differences will vary depending on the type of offense and number of repeat offenses.
Issues identified by the workgroup. Judge Williams reported that a recent meeting of this workgroup highlighted many issues related to collateral consequences in Maryland. He noted that:
- The type of conviction leading to application denial varies from board to board.
- The time required to approve an application becomes a barrier.
- It matters whether records are sealed.
- Submission of incomplete applications can affect consideration for employment. How can this be prevented?
- Applicants are often unaware of their own records, which come up in searches.
- There are important distinctions between felonies and misdemeanors.
- State policies on barriers are important.
- Federal and state policies conflict in some areas.
Collecting state data. The Judge was interested in identifying which state agencies may have relevant information that can be captured for Workgroup review. Caryn Aslan wanted to know the differences in how data is handled for cases in which there was a conviction and those in which there was not.
Opportunity for audience members to speak. Delegate Barron who participated on the Justice Reinvestment Coordinating Council stressed the importance of the Workgroup’s task, both to people returning from jail or prison and trying to “get back on their feet” and to the state economy.
Juan Avelo asked that the CC workgroup consider the sex offender registry to their list, noting that Tier 1 offenders are low risk and there should be no need to alarm the public; only law enforcement should have access to that registry. (Tier 2 and Tier 3 are more serious offenders.) He noted that federal law does not require Tier 1 to be included in the public registry so MD would not lose funding. He said other states do this. Caryn Aslan requested additional data. (Note: While Mr. Avelo identified himself as representing MAJR, this is not an official MAJR position ratified by the Executive Committee.)
Oscar Barbarian of the University of Maryland asked whether the workgroup would focus only on licensing or would also consider barriers related to issues such as education, health, housing, and parental status. The Judge responded that a variety of barriers would be considered.
Robert Brown, a MAJR member, observed that returning citizens are often unaware of their rights.
Upcoming meetings. The Chair announced the dates and locations of upcoming stakeholder and workgroup meetings.
Reported by Barbara Thomas and Susannah Rose for MAJR
