Society Punishes Ex-Convicts for Life

[sweetpea]

Newshawk: www.illinoisnorml.org
Pubdate: Sun, 11 Apr 2004
Source: Chicago Tribune (IL)
Copyright: 2004 Chicago Tribune Company
Contact: ctc-TribLetter@Tribune.com
Website: http://www.chicagotribune.com/
Details: http://www.mapinc.org/media/82
Authors: Devah Pager and Jeff Manza
Note: Devah Pager is an assistant professor of sociology and a faculty
fellow at the Institute for Policy Research, Northwestern University. Jeff
Manza is associate director of the institute and an associate professor of
sociology.
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)

Criminal Behavior

SOCIETY PUNISHES EX-CONVICTS FOR LIFE

America punishes its criminals harshly. Beyond rapidly rising rates of
imprisonment, offenders leave jail or prison only to be subjected to a
variety of continuing restrictions, some lasting for life.

In certain cases these restrictions reflect reasonable concerns. Who,
for example, would argue that convicted child molesters should be
allowed to work in schools or day-care centers?

But many other restrictions on ex-offenders seem aimed more at
extending punishment than serving society. Take the Higher Education
Act of 1998, which bars ex-felons from eligibility for Pell Grants,
the largest type of federal student loans.

How can ex-offenders build better lives for themselves if they are not
allowed to compete for the same kinds of educational opportunities as
everyone else?

Many of the legal barriers that extend beyond the completion of a
prison sentence were adopted by Congress or state governments as part
of the "war" on crime and drugs. These include restrictions on
occupational licensing that prevent work in many types of jobs; access
to public housing and other types of social programs aimed at the
poorest Americans, and a variety of political rights (such as the
right to vote, to serve on juries and to hold public office).

The unintended consequence of these policies can be to promote the
very circumstances that led to crime in the first place.

In fact, with a growing majority of states now making a criminal
record public information, ex-offenders are effectively being branded
for life. Much of this information is easily accessible through the
Internet or from a number of private services.

Politicians point to the cases of murderers, terrorists and serial
rapists as the frightening menace that such laws and the profusion of
information about offenders protect us from. Yet such violent
offenders account for only a tiny fraction of the people being
released from prison each year. The majority are non-violent
offenders, many convicted for the first time.

Crime policy in recent decades has emphasized harsh punishment over
rehabilitation, and the problems of prisoner re-entry have become
increasingly difficult to ignore.

The sheer number of Americans ending up in prison is
staggering.

Last year alone, more than 600,000 Americans were released from
prison. More than 14 million Americans now carry a felony conviction
on their records.

The United States has the highest incarceration rate in the world, 6
to 10 times higher than that of most European countries. This
remarkable number of prisoners has led to growing bipartisan concerns
about how to help former offenders reintegrate into their
communities.

Even "tough on crime" President Bush included in his most recent State
of the Union address a surprising proposal to help ex-inmates. Dubbed
the Prisoner Re-Entry Initiative, Bush proposed to spend $300 million
over four years to help returning inmates find stable jobs and housing.

"If they can't find work, or a home, or help, they are much more
likely to commit crime and return to prison," Bush said.

The president is on the right track. Developing a more-successful
re-entry program would benefit prisoners and their families as well as
increasing public safety. Expanding job training and placement
assistance, providing help with transitional housing, and support for
counseling services would all help make reintegration much easier and
reduce the impetus to return to crime.

But the president's proposal does not go nearly far enough.

Helping ex-inmates find jobs, reconnect with their families and become
full citizens requires changes in the laws that prevent them from
achieving such goals.

Hundreds of jobs become off-limits to ex-offenders due to bonding or
licensure requirements. In many states, for example, a felony
conviction prohibits barbers, social workers, optometrists and even
car sellers from practicing their trade. Some of the largest sources
of stable employment, including the medical industry and the public
sector, impose extensive restrictions on people with criminal records.

If the goal is to move offenders from criminal activity to legitimate
employment, the proliferation of occupational restrictions serves the
wrong purpose.

Aside from the problems of finding steady work, ex-offenders face
serious challenges in securing stable housing. According to federal
housing policies, all public-housing authorities, Section 8 providers
and federally assisted housing programs are permitted or required to
deny housing to people with criminal convictions.

Private housing isn't much easier. In addition to the problem convicts
have accumulating a down payment or security deposit, many landlords
require references and criminal-history information from prospective
tenants.

For custodial parents who are sentenced to prison, loss of parental
rights becomes an increasingly common form of punishment. Two-thirds
of incarcerated women and more than half of incarcerated men are the
parents of children younger than 18. These numbers translate into more
than 1.5 million children with a parent behind bars.

Family reunification upon release is by no means guaranteed. The 1997
Adoption and Safe Families Act, for example, mandates termination of
parental rights for children who spend 15 months or more in foster
care. With average time served standing at more than 18 months, the
threat of permanent family dissolution is very real. Research has
shown foster care to be associated with a high risk of juvenile
delinquency and criminal activity, so our "protective" policies may
themselves be contributing to the next generation of offenders.

Even more alarming, people convicted of public-order offenses, drug
crimes and petty theft are thrown in with the most serious criminals
in the growing pool of ex-prisoners. In some cases the least serious
offenders are the worst off. Special provisions enacted as part of the
war on drugs impose restrictions on drug offenders that apply to no
other class of criminals. Certain restrictions on cash assistance and
food stamps, public-housing eligibility and student loans are targeted
at drug offenders.

Finally, millions of ex-offenders are also denied the most basic right
of citizenship in a democratic society: the right to vote. While we
expect ex-offenders to abide by the law, most states prevent those out
on probation or parole from voting, and 14 states prevent some or all
ex-offenders from voting for life. These restrictions are ironic
considering that almost all ex-offenders are citizens, and the Supreme
Court has repeatedly ruled that no one can be stripped of citizenship
because of a criminal offense.

Given the overwhelming problems that ex-offenders face, it is no
surprise that recidivism rates (that is, the likelihood of committing
further crimes) are so high. The costs for society, both financially
and in terms of public safety, are enormous.

[mom]

Thank you for posting this. In my opinion, the best reflection of the person you are is defined by how you treat other people.

[justvicki]

Take the Higher Education Act of 1998, which bars ex-felons from eligibility for Pell Grants, the largest type of federal student loans.

I really have to take exception to this quote that was included in the above article. I am an ex-felon and I have almost completed my second year towards my bachelor's degree. I received full Pell Grant benefits for both years. The High Education Act of 1998 did, however, suspend eligibility for certain drug crimes. They are as follows:

The following provision was contained in subsection (r) of section 484 of the Higher Education Act of 1998 (see 20 U.S.C. 1091(r)).

(r) Suspension of eligibility for drug related offenses.-

(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

If convicted of an offense involving:

The possession of a controlled substance:
Ineligibility Period
First Offense - 1 year
Second Offense - 2 years
Third Offense - Indefinite

The sale of a controlled substance:
Ineligibility Period
First Offense - 2 years
Second Offense - Indefinite

REHABILITATION- A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if--

(A) the student satisfactorily completes a drug rehabilitation program that--

(i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and

(ii) includes two unannounced drug tests; or

(B) the conviction is reversed, set aside, or otherwise rendered nugatory.

(3) DEFINITIONS- In this subsection, the term `controlled substance' has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).'.

(2) EFFECTIVE DATE- The amendment made by paragraph (1), regarding suspension of eligibility for drug-related offenses, shall apply with respect to financial assistance of cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act.

[remiella]

"But many other restrictions on ex-offenders seem aimed more at
extending punishment than serving society. Take the Higher Education
Act of 1998, which bars ex-felons from eligibility for Pell Grants,
the largest type of federal student loans."

Hi
I don't mean to be argumenative but this statement needs a little clarification. The Act specifically states that ex-felons convicted of drug offenses are to be excluded from Pell Grant allocation, not all ex-offenders. We cannot generalize about what the law says and overeach to fullfill the purpose of the argument. By no means do I agree with any laws that aim to impede ex-offender education, just clarifying. I am an ex-offender who has received plenty of help from federal grants to complete my education. Peace

[kda]

I just found PTO and already have found some answers, as well as confirmed what I have been finding out in the short time since I was released. I need a new direction or approach and am hoping some in here can help.

[smurfette75]

Sweetpea:

Thanks for sharing, that was quite informative. Guysgal and Remiella, thanks for the clarification.

[boyslovedaddy]

I'm trying to find information for my man who will be getting out in 2006. Are there any websites I can look at to see what he can quialify for? As far as grants, S.S or Public Aide, and help with housing. Please help!!!

[Manzanita]

More Helpful info!

[CET]

There was just an article in the paper here in the Twin Cities about Felons being able to vote. I think it varies by the state, and the crime.

[xconz]

I have found that in alot of cases it is socially acceptable to pass up on hiring ex-cons with no other reason than that alone.If you think about how this type of exclusion is seeming o.k you might see how people coming out of prison feel more isolated than any other segment of society.While it is true that people must be held accountable for what they do it should also be that they should be given a fair chance to compete for jobs.I know this because I have been recently rejected for employment because of my record when there is nothing in my record that would effect my ability to do the job or any security issue for the company.If an employer were to say"I will not hire you because your a foreiner or your not of my race"he would be sued and would lose.But that same attitude toward felons is fine.Why is this?Is there a reasonable answer that makes any sense?If so I would love to here it.
Thanks
xconz

[swebb1989]

I am sorry but you can't vote if you are a felon you lose that right for a number of years even after you get out of prison until you are paroled. I know that some lawmakers have tried to change this saying that it is unconstitional however they have an uphill climb to fight with the majority of voters who still believe that felons "should pay for their crimes."

Originally Posted by CET

There was just an article in the paper here in the Twin Cities about Felons being able to vote. I think it varies by the state, and the crime.

[titantoo]

Originally Posted by mom

Thank you for posting this. In my opinion, the best reflection of the person you are is defined by how you treat other people.

I agree 100%

I would just add one thing to your comment

the best reflection of the person you are is defined by how you treat other people who are disadvantaged relative to you.

And prisoners must be amongst the most disadvantaged and it would seem that our society typically abuses them!

[titantoo]

Originally Posted by remiella

"But many other restrictions on ex-offenders seem aimed more at
extending punishment than serving society. Take the Higher Education
Act of 1998, which bars ex-felons from eligibility for Pell Grants,
the largest type of federal student loans."

Hi
I don't mean to be argumenative but this statement needs a little clarification. The Act specifically states that ex-felons convicted of drug offenses are to be excluded from Pell Grant allocation, not all ex-offenders. We cannot generalize about what the law says and overeach to fullfill the purpose of the argument. By no means do I agree with any laws that aim to impede ex-offender education, just clarifying. I am an ex-offender who has received plenty of help from federal grants to complete my education. Peace

Actually, the version I looked at
Federal Pell Grant Program
of the Higher Education Act:
Background and Reauthorization
Updated March 18, 2003

said

Conviction for possession or sale of drugs can disqualify students for
federal student aid.

which suggest that there is a chance they can still obtain aid.

Anyone know anyone who has?

[junglequeen]

Incase no one answered you,your guy can apply for General Assitance(welfare),SS or SSI because coming back into society is no picnic. With SS or SSI they will probably have to apply maybe 2 times before they get it.But they can't work during that time. He should trying applying 6 months before he is due home.Also he can get food stamps,and (welfare) is suppose to help him find a place to live and payy for it but there again it all takes time.Good luck to your guy and you.
junglequeen

[divinelove]

This country has a lot of work to do in the preservation of human rights.

And "they" have the nerve to look at other countries and voice their opinion on how things are run there. Even try to correct their societies.

What needs correcting is right here at home under their noses and that is the mis-treatment of our own citizens.

[Cpck]

I'm also a ex-offender and this sight is amazing and very interesting. I've been home 2yrs. and it's bad enough having a number. You have to live with this every day of your life no matter how long it's been. I find it very embarrising having to say yes I'm a convicted felon and it's so hard to get employment. Society wonders why crime is a revolving door well from my experience there is little out here for convicted felons. I personally know that if a employer hires a convicted felon they get a $8,000.00 tax write off and you would think they would want to hire us for that fact but it's like we are a disease to some. It's hard believe me and this kind of road block tends to make me want to relapse, yet I remind myself of that nasty ORW and that helps alot. I hope that someday that society will wake up and help those whom want to help themselves and give us the opportunity to prove ourselves. Thanks for all the advise ppl are giving on here.

[hvymetalcowboy]

When you mention the word "ex con" most people can only go by what they know.Jeffery Dalmer,Charles Manson,Alcatraz,murder,rape,theft,child molesters,drug dealers etc. I had a guy tell me exactly why he would never concider hiring a felon.He said"first of all,they steal,lie and are lazy.And if I didnt give a raise or actualy had to fire one,he,d shove a knife in my heart.Or at the very least he would rob me blind." I have been out of prison since Nov. 1982. I have filled out 1,000s of job aps. over the years.When you tell the truth they won,t hire you.I,ve known people who liked me fine untill they found out I,m a felon,then things change.But when I turn on the news and put myself in their shoes,I can,t realy blame them.They don,t know.And unfortunatly there are just so many guys that do the types of things when they get out that keeps this thing going.The only ones who feel differant are the very few who take the time to get to know a person BEFORE passing judgement.Thats why I stay to myself most times.

[Nail Pounder]

Originally Posted by hvymetalcowboy

When you mention the word "ex con" most people can only go by what they know.Jeffery Dalmer,Charles Manson,Alcatraz,murder,rape,theft,child molesters,drug dealers etc. I had a guy tell me exactly why he would never concider hiring a felon.He said"first of all,they steal,lie and are lazy.And if I didnt give a raise or actualy had to fire one,he,d shove a knife in my heart.Or at the very least he would rob me blind." I have been out of prison since Nov. 1982. I have filled out 1,000s of job aps. over the years.When you tell the truth they won,t hire you.I,ve known people who liked me fine untill they found out I,m a felon,then things change.But when I turn on the news and put myself in their shoes,I can,t realy blame them.They don,t know.And unfortunatly there are just so many guys that do the types of things when they get out that keeps this thing going.The only ones who feel differant are the very few who take the time to get to know a person BEFORE passing judgement.Thats why I stay to myself most times.

That's why when I do work for someone I give 150 percent. I do that for two reasons--first, that's just the kind of person I am, and secondly, it leaves a lasting impression on the employer for the next ex-con who comes looking for a job. Unfortunately, the few bad apples get all the media exposure while the many who are just trying to do the right thing get stereotyped and left on the side of the road. When was the last time you saw a positive news report about an ex-con? Don't hold your breath waiting for one.

[meme48915]

I am a highly qualified person, but I CAN NOT find a job for NOTHING, because.........
I have a felony.

[Angel1957]

You are right once you have been down noone lets you go on with your life or lets you forget your past.
Today to many people knows everyone elses business. I don't In my opinion feel they should do a back ground check unless the job details working with children or the disabled or maybe a bank or where they handle money.
I also don't feel they should do a credit check but a lot of employers are doing so.
What the employers don't understand is some people may have bad credit not from not wanting to pay but because they didn't make enough money at their last job or jobs and couldn't pay.
More and more people are getting a Felony these days.
Soon there will be noone to work for all of these companies.
In prison the jobs inmates have to do is at slave wages.
Fast food don't make much but I don't think yet they do back ground check as of yet or most don't.
I feel wants a person has been down they are marked forever in some way or another.
Kinna like being punished all over again only on the outside world.
Today yo can get charged for cussing someone out. Where did freedom of speach go?
Good luck on finding a job.

[imani4ever]

I think it is a big shame for a "civilized" country to behave in such as a way In England they have a "rehabilitation of offenders act" this should probably be done in the U.S, so as to help the person maintain their "rehabilitated" self, otherwise it is a mockery to call prisons correctional facilities! it beggers belief!

[Valentine4ever]

THANK YOU FOR THIS INFORMATION....its truly an eye opener and very informative!!!!

[umdleopardgirl]

Originally Posted by junglequeen

Incase no one answered you,your guy can apply for General Assitance(welfare),SS or SSI because coming back into society is no picnic. With SS or SSI they will probably have to apply maybe 2 times before they get it.But they can't work during that time. He should trying applying 6 months before he is due home.Also he can get food stamps,and (welfare) is suppose to help him find a place to live and payy for it but there again it all takes time.Good luck to your guy and you.
junglequeen

ACtually, I just tried to look that info up on the SS website... this is the info on their site:

We pay benefits under both the Social Security and Supplemental Security Income (SSI) programs. Both of these programs prohibit payments to most prisoners. Social Security benefits are suspended if an otherwise eligible person is confined in a jail, prison, or other penal institution for more than 30 continuous days due to conviction of a crime.

We cannot pay benefits to someone who, by court order, is confined in an institution at public expense in connection with a criminal case if the court finds that the person is: guilty, but insane; not guilty of such an offense by reason of insanity or similar factors (such as a mental disease); or incompetent to stand trial for such an alleged offense.

Also, we cannot pay benefits to someone who, immediately upon completion of a prison sentence for conviction of a criminal offense (an element of which is sexual activity), is confined by court order in an institution at public expense. The confinement must be based on a court finding that the individual is a sexually dangerous person or sexual predator (or a similar finding.) However, if a person is not confined in prison or other similar place, benefits may be paid to an eligible individual.

AND:
The Social Security Administration does not provide any special benefits for ex-prisoners. Once you are released, you may get Supplemental Security Income (SSI) payments if you are 65 or older, or are blind or have a disability and have little or no income and resources. If you qualify, you will not be paid for the retroactive months that you were in prison.
Social Security retirement, survivors, or disability (RSDI—Title II) benefits may be payable if you have worked and paid into Social Security enough years (this is determined by your age and the date you became disabled or turned age 62), and:

• You have a physical or mental condition so severe that it will make you unable to do any work for at least a year, or
• You are legally blind, even with glasses, or
• You are age 62 or older.

If you meet the above requirements, Social Security benefits may also pay:

• Your child who is under age 18, or severely disabled before age 22, or
• Your wife who is age 62 or older, or is caring for your child who is under age 16 or severely disabled before age 22.

If you think you could qualify for benefits based on the above requirements, you should call Social Security’s toll-free telephone number, 1-800-772-1213. If you are severely disabled or over age 62 and you have dependents who could be paid based on your work covered by Social Security, you should call Social Security immediately.

So my boyfriend doesn't qualify. Can you let me know of other places I can try to get aid?

[hopefreshstart]

Originally Posted by swebb1989

I am sorry but you can't vote if you are a felon you lose that right for a number of years even after you get out of prison until you are paroled. I know that some lawmakers have tried to change this saying that it is unconstitional however they have an uphill climb to fight with the majority of voters who still believe that felons "should pay for their crimes."

Here in California, you can vote once you are off parole.I myself am off parole and I do vote.

[Maya2007]

Hvymetal:

Since you have applied to sooooooooo many jobs ... have you ever gotten one since you were out at all???