Barriers Facing People with Juvenile and Criminal Records and an Update on Possible Reforms

1. Barriers Facing People with Juvenile and Criminal Records and an Update on Possible Reforms Gabrielle de la Gueronniere, Director of National Policy, Legal Action Center/National HIRE Network Planning, Implementation and Intermediary Grantee Kick-Off Meeting November 4, 2009

2. Legal Action Center and the National HIRE Network • Advocacy for people with addiction histories, criminal records and HIV/AIDS • Thirty-five year history • Direct service work, technical assistance and policy advocacy • Federal policy work • Advocacy to expand services and resources • Eliminating discriminatory barriers for the people we serve 2

3. Eliminating Barriers for People with Juvenile and Criminal Records • Work nationally, in the states and locally to reduce barriers for people with criminal histories • Legal and policy barriers • Federal, state and local levels, statutory and regulatory 3

4. The Substantial Reach of theJuvenile and Criminal Justice Systems • Juvenile justice system handles 1.6 million cases every year • Annually 200,000 juveniles are sentenced or incarcerated as adults • Nearly 7 million people are currently involved in the criminal justice system through incarceration, parole, or probation. • Over 65 million people have a criminal history on file with state government. • 30% of the nation’s adult population live a substantial portion of their lives having a criminal record. 4

5. The Barriers Many People with Juvenile and/or Criminal Histories Face are Significant • Untreated addiction/ mental illness • Broader health care needs—coverage and access to care • Needs for education/job training and experience • Occupational bars and licensing restrictions • Safe and stable housing • Availability and use of criminal records, inaccuracies on rap sheets • Stigma and discrimination 5

6. Role of Untreated Addiction and Mental Illness • The number of juveniles charged with drug-related crimes and referred for addiction treatment services has doubled in the past decade • A recent study found that 70 percent of youth in the juvenile justice system have mental health disorders • For 60 to 80 percent of individuals under supervision of the criminal justice system, their criminal involvement is drug-related • Estimated that between 16 and 30 percent of people incarcerated in jails and prisons have a severe mental illness • Most individuals in the criminal justice system with addiction or mental health treatment needs never receive treatment 6

7. Federal Programs Serving People with Juvenile and/or Criminal Histories • Annual spending bills include: • Funding for Juvenile Justice Programming (JJDPA) • Funding for Department of Labor (Youthful Offender programming) • Funding for Addiction Prevention, Treatment and Recovery Support Services in the Community • Funding for Community-based Mental Health Services 7

8. Federal Programs Serving People with Juvenile and/or Criminal Histories (cont’d) • Funding for Treatment in Prisons • Funding for Drug Courts • Funding for Mental Health Courts and Diversion Programs • Funding for Reentry Services • Funding for Workforce Development 8

9. Federal Policy Changes to Support People with Juvenile and/or Criminal Histories • Strengthening Support for Prevention Programming • Federal investment in community- and school-based prevention • Inclusion in national healthcare reform • Supporting Addiction and Mental Health Treatment • Closing the treatment gap for youth and adults through funding and policy changes • National healthcare reform • Support for Education • Reinstating Pell Grants for incarcerated individuals and expanding educational opportunities for people with criminal histories • Repealing federal financial aid ban for people with drug convictions 9

10. Federal Policy Changes to Support People with Juvenile and/or Criminal Histories (cont’d) • Support for Employment • Codifying the EEOC guidance on the use of arrest and conviction histories for hiring purposes • Incentives for employers • Licensing restrictions • Working to remove inaccuracies in criminal record databases • Removing Additional Federal Barriers • Drug felony ban on TANF/welfare benefits and food stamps • Federally assisted housing restrictions 10

11. Current Work in Congress • Reauthorization of the JJDPA • The Youth Promise Act • National healthcare reform • Medicaid expansions • Wellness promotion/chronic disease prevention initiatives • Provisions for MI/SUD screening and brief interventions 11

12. Current Work in Congress (cont’d) • Second Chance Act • Funding • Reauthorization and other next steps? • Funding bills • National Criminal Justice Commission Act • I-WERC bill 12

13. Current Work in Congress (cont’d) • Fairness and Accuracy in Employment Background Checks Act • Fair Act • No One Strike Eviction Act • Ex-Offenders Voting Rights Act • Second Chance for Ex-Offenders Act 13

14. Looking forward: Opportunities for Additional Reforms • New initiatives in FY 2011—agencies working together on criminal justice reform • Second Chance Act and beyond • Work in states and localities • Educating and organizing the constituency base 14

15. RESOURCES Legal Action Center/National H.I.R.E. Network www.lac.org Gabrielle de la Gueronniere, gdelagueronniere@lac-dc.org National Policy/ Federal Legislation (202) 544-5478 State Specific Questions (212) 243-1313 www.hirenetwork.org After Prison: Roadblocks to Reentry, www.lac.org/roadblocks.html 15