Collateral Consequences Stakeholder Input
September 15, 2016
Members present:
- Judge Alex Williams, Chair, Center for Education, Justice & Ethics
- Caryn Aslan, Job Opportunities Task Force
- James Brenton, Jr., Ahold USA, Giant Foods
- Glenn Fueston, Governor’s Office of Crime Control & Prevention
- John Huffington, Living Classrooms
- Yariela Kerr-Donovan, Johns Hopkins HR Department
- Christi Megna, Department of Health and Mental Hygiene
- Marsha Netus, AmericaWorks (presented)
- Jeff Tosi, Department of Health and Mental Hygiene
- Victoria Wilkins, Department of Health and Mental Hygiene
Members not present:
- Shaina Hernandez, Greater Baltimore Committee
- Mike O’Halloran, National Federation for Independent Business – Maryland
- Christine Ross, Maryland Chamber of Commerce
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.
Speakers were recognized as follows.
- America Works—Marsha Netus, AmericaWorks and Scott Espenscheid
This organization’s goal is to help the re-entry population and others find work. They teach job-ready skills help people get and retain jobs. Many of the people they assist are on parole or probation. America Works has offices in Annapolis and Baltimore City. It was founded in 1984 through a Department of Social Services and Human Resources grant. Since 2010, it has been funded by private foundations on a “paid for performance” basis. It can help 100 or so people per year, but if its funding were steady, it could double that capacity.
Since its beginning, 1,156 people have come through its doors for job skills and job search. 88% have graduated. 80% have felony convictions. Others are referred through drug programs or similar sources. Recitivism has been very low. People can continue to receive support from America Works for 6 months after employment begins.
- Issues with impact on jobs: housing, transportation, child support, criminal records. Eemployers can get around “Ban the Box” easily. A felony on record, even from years ago, is a much greater impediment to being hired than lack of job skills.
- Types of employers: entry level at warehouses, hospitality industry, transportation.
- Recommendations: Employers need incentives to give a second chance, e.g., wage subsidies. This ensures a much better outcome. Focus on what works: evidence-based practices.
- Families Advocating Intelligent Registries—Juan Arvelo
Juan spoke on behalf of putting Tier One sex offenders on a non-public registry, with access only by law enforcement. There are 70,000 on the registry in Maryland. Tier One was developed by the Adam Walsh Act but Maryland has added to (bloated) Tier One offenses and put all on public registries. Tier One is low-level, low risk offenses and do not include sexual assault. He also advocated a Certificate of Rehabilitation to remove barriers to licenses, jobs, housing. He noted that other states follow a similar approach.
Comments/questions from Work Group:
- This is out of the realm of this task force mandate. It needs to be brought before the State legislative body.
- Some of the Tier One offenses on the handout seem high risk and sexual to a couple of task group members, such as “sex trafficking by force, fraud or coercion.” They felt this would be a hard sell and he needed to be more surgical about it—not lump all Tier one list together.
- State’s Attorney’s Office of Baltimore City—Chief of Integrity Unit, Lauren Lipscomb
Purpose: to prevent and right wrongful convictions and to maintain integrity of end results through review, shielding, expungement as warranted. They may argue either for or against jail time, treatment, or return to community on a case by case basis. She gave several examples, including a domestic violence charge and a wrongful murder conviction for which DNA enabled the individual to be exonerated after 18 years. Extensive need for support and reintegration continues beyond the exoneration.
Comments:
- “Second degree assault” has a huge range; over time, MD has merged assault and battery and attempted battery into this category. Recommendation: That there be a Third degree assault category.
- We need better referral in MD to service individuals who need support.
- If a person’s record has been expunged, a licensing agency cannot access the record. However, if full expungement has not occurred, the records are still available to them.
- Employers look at arrest records as well as convictions. Employers put the onus on applicants to define laws and charges. They need to consider how long ago the offense was committed and if there have been additional contacts with the system.
- Wayne Dipietrantonio
He is recently released after 31 years. He spoke of difficulties on the inside: (1) only short-termers have access to AA and schooling, (2) $15 a month pay can’t purchase basics, (3) Kairos prison ministry, an interfaith group, was helpful in rebuilding his confidence and self-esteem inside – but they weren’t allowed to contact him on outside. He noted that that policy has recently been changed.
On the outside: There are huge adjustment problems learning about cell phones, laptops, and other technology. It is hard to purchase transportation (even affording bus tokens) and find housing and jobs. Parole officers are often inflexible, forcing parolees to leave work for meetings and tests, and thereby The putting jobs in jeopardy.
Out for Justice: Four individuals including Frieda Robinson-Dawkins, David McDonald, and Arees Abdul-Rahim
The mindset of prison continues for a long time once out. Needs on re-entry include: opportunities for entrepreneurship, treatment for trauma, housing to include children, legal services for parental rights, licenses (nursing), building credit. Worst is the stigma – never being forgiven. Someone who completed the Shield Program spoke, noting that she is still having difficulty and can only find temporary work.
- Valerie Harris
Ms. Harris traveled 5 hours by bus to come. Says we are approaching this like moving deck chairs on the Titanic. Prison breaks you completely. Prison is something she went through, not who she is. She hopes her story can help create the reforms.
- Christopher Ervin—Lazarus Rite, Inc.
Collateral consequences began with laws put in place just after 13th Amendment was adopted. It became legal to discriminate against many types of people. Three rights for all Americans denied to returning citizens are voting, serving on a jury, and possessing a firearm. In MD, we finally regained voting. Mass incarceration and the war on drugs have created an underclass. He authored a non-violent felony expungement bill last year. It will benefit Maryland by removing barriers to jobs, which means more taxes and stabler families.
Notes by Barbara Thomas and Candy Clarke
