Collateral Consequences of Convictions

(Chicago) – TASC submitted comments for the May 19 briefing of the U.S. Commission on Civil Rights on Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities.

The briefing focused on the barriers to successful community reentry for formerly incarcerated individuals. According to the Commission, “They may face numerous barriers to reentry, including denial of governmental assistance designed to assist with finding employment. These collateral consequences affect families of the formerly incarcerated in a multitude of ways. For decades, communities of color have been disproportionately represented in the rates of felony convictions, and therefore are hardest hit.”

These barriers are mirrored in Illinois, and are experienced by TASC clients, even decades after they have paid their debt to society and resumed a law-abiding life. Barred access to employment and housing opportunities also create added challenges for individuals who are also striving to overcome substance use and mental health disorders.

Below is a synopsis of TASC’s comments, offering observations from decades of experience working to support diversion to community-based behavioral health treatment for men and women involved in the justice system, as well as reentry support following release from incarceration:


[Barriers to reentry and disproportionate minority contact are among] the reasons that TASC actively pursues strategies and opportunities that reduce the number of people entering the justice system. We seek to divert people away at every intervention point, and we promote avenues to health and recovery in the community so individuals do not return to the system.

We worked with and drafted reports on behalf of the Illinois Disproportionate Justice Impact Study (DJIS) Commission and Illinois Racial and Ethnic Impact [REI] Research Task Force) to evaluate and address disparities in the justice system. We conducted several surveys of diversion programs across the country and in Illinois that prevent criminal convictions on record, offering observations and recommendations for improvement and expansion.

We seek ways to improve access to healthcare coverage for those who come in contact with the justice system. Recently we have collaborated with jurisdictions in exploring law enforcement diversion practices for drug-involved individuals, a need that has become even more visible and accentuated in the midst of the opioid crisis.

We recognize that there are many individuals in the justice system who are less likely to return to the system if they have access to behavioral health services, and we know that a criminal record acts as a barrier to recovery, restored citizenship, and community reintegration. Improving access to and connecting justice-involved populations to community-based services may help reduce the racial disparities that exist throughout the criminal justice system. It is good health policy. It is good justice policy. It is good public policy.

In our decades of work in these fields, we have made a number of observations about the state of safe, responsible criminal justice diversion that we hope will inform the Commission’s work.

  • The criminal justice system has become a de facto societal response to substance use and mental illness. Across the U.S., criminal justice systems are managing record numbers of people, with rates of substance use and mental health disorders that are much higher than those among the general public. More jurisdictions are focusing efforts to leverage resources toward management of these disorders in the community instead of the justice system, seeking to prevent taxpayer costs associated with incarceration and recidivism, as well as to support restored citizenship and second chances.
  • Numerous factors have led to broad-based calls for criminal justice reform. In recent years, a confluence of factors has created fertile ground for broad-based improvements to criminal justice policy and practice. These factors have included overburdened courts, crowded jails and prisons, strained government budgets, advances in the science of drug use intervention and recovery, shifting public attitudes about drug policy, awareness of the negative and residual impacts of justice involvement on families and communities, attention on the disparate burden of justice policies on racial/ethnic minority communities, and a preponderance of research on the effectiveness and cost efficiency of alternatives to incarceration.
  • Diversion policy should be focused on systems rather than programs. Modern justice policy is beginning to adopt public health strategies, focusing on broad-based, systemic intervention, and the application of the minimum but appropriate amount of supervision, sanctions, accountability, services, and resources to achieve the intended result.
  • Meaningful diversion can happen at any point before conviction. Initiatives can occur at points of contact with law enforcement, prosecutors and public defenders, pretrial services and probation, the judiciary, and even the jail. In cases where diversion before conviction isn’t an option, treatment-based alternatives to incarceration can prevent recidivism, taxpayer costs, and deleterious effects of confinement.
  • Evidence-based practices should inform decision-making. The most effective response to justice-involved individuals with substance use and mental health issues is a locally defined balance of supervision, accountability, and community treatment and support. What is deemed appropriate should be driven by the ever-expanding base of research and data regarding which intervention models best serve a given population at a given point of justice involvement. A risk-needs-responsivity (RNR) approach offers particular promise in this context. Considered a best practice for criminal justice populations, this approach assesses both the risk of recidivism as well as needs related to substance use, mental health, and other social and environmental conditions, and determines the appropriate type and dose of treatments and other services necessary to maximize justice and health outcomes.
  • Responses should be data-driven, which may mean changes in methods and resource allocation related to data collection. Justice, health, and community resources should be allocated to those programs that demonstrate the greatest capacity to reduce recidivism, protect public order and safety, promote public health, and promote equal and fair access to alternative options, while also mitigating the need for costly justice supervision. These determinations will be most successful if uniform data are collected and used—including measures related to the race/ethnicity of participants—and if programs take formal steps to develop standardized outcome measures (cost-, public safety-, and public health-based), and measure, analyze, monitor, and share results.
  • Arbitrary prohibitions on eligibility are counter-productive. Many jurisdictions still set limits on participation in diversion programs based on offense history or type, such as accepting only people with first-time or “low-level” offenses. Instead, jurisdictions can adopt strategies and interventions that focus on those individuals most likely to recidivate, and that consider factors other than just current charge and criminal history in determining an intervention plan (for example, through the use of individualized risk and needs assessments). The next generation of diversion programs should be able to determine and provide the appropriate level of services and justice supervision for each individual.
  • The field is continuing to evolve. The development of a common, shared language to discuss diversion and alternatives to incarceration is still in process. The need for clarity and specificity around the description of programs and models will be of increasing importance in the growing exchange of ideas, innovations, and best practices.

We are committed to continuing our work to connect people involved in or at risk for involvement in the justice system with community-based treatment and services for behavioral health conditions, to promote and support diversion and alternative options that prevent criminal convictions on record whenever appropriate and possible, and to advance policies and practices that reduce disproportionate minority contact with the justice system.

Governor Rauner Signs Bipartisan Criminal Justice Reform Legislation at TASC

(Chicago) – Illinois Governor Bruce Rauner, accompanied by bill co-sponsors State Senator Kwame Raoul (D-13) and State Rep. Jehan Gordon-Booth (D-92), signed bipartisan criminal justice reform legislation at TASC on March 10.

SB2872, also known as the Neighborhood Safety Act, increases trauma recovery support services for crime victims, strengthens judicial discretion to mandate individuals to probation and addiction treatment services in the community instead of prison, and expands opportunities for rehabilitative programming within Illinois prisons.

Watch a video of the March 10 bill signing here, including remarks from Governor Rauner; Senator Raoul; Representative Gordon-Booth; John Maki, executive director of the Illinois Criminal Justice Information Authority; Lisa D. Daniels, founder of the Darren B. Easterling Center for Restorative Justice; and Lenore Anderson, president of the Alliance for Safety and Justice.

The legislation advances recommendations of the Illinois State Commission on Criminal Justice and Sentencing Reform in its final report, including giving further discretion to judges regarding whether certain offenses may be appropriate for probation.

“By increasing access to rehabilitation services and alternatives to incarceration, this bill helps to support families, build communities, and reduce the number of people in prison and associated costs,” said TASC President Pam Rodriguez, a member of the Governor’s commission, which seeks to reduce Illinois’ prison population by 25 percent by 2025.

“TASC strongly supports these legislative reforms,” said Rodriguez. “We applaud the Governor, Senator Raoul, Representative Gordon-Booth, all the bill co-sponsors, and our community partners for their leadership in bringing about these important reforms.”

Governor Rauner signs SB2872 at TASC. Left to right: John Maki, Illinois Criminal Justice Information Authority; IL Senator Kwame Raoul; IL Representative Jehan Gordon-Booth; IL Governor Bruce Rauner; Lisa D. Daniels, Darren B. Easterling Center for Restorative Justice; Lenore Anderson, Alliance for Safety and Justice.

OP-ED: Revamping of Health Law Could Be Costly to Illinois

As Congress prepares to replace the Affordable Care Act, it is essential that the Medicaid expansion provision of the law be protected.

Any rollback of federal Medicaid coverage would be particularly harmful to Illinois, especially as our state grapples with budget deficits, an opioid epidemic, and an overburdened criminal justice system.

Under the ACA, Illinois was among the majority of states that expanded Medicaid, which provides federally-funded health insurance for low-income people. In a January letter to congressional leaders, the Rauner administration expressed concern about potential changes to Medicaid, pointing out that 3.2 million Illinoisans—almost one-quarter of the state’s population—are enrolled in coverage. 

Reducing Medicaid coverage would deprive Illinois of millions of dollars per year in federal support. As an example, in behavioral health services alone, the state would have to replace an estimated $80 million per year in federal Medicaid resources to pay for community-based substance use and mental health services that would support alternatives to incarceration and reentry initiatives.

Second, such changes would fly in the face of efforts to address the opioid epidemic that is devastating Illinois communities. Nineteen Illinois sheriffs, prosecutors, and police chiefs recently signed a letter to Congress urging action against any policy changes that would make it even harder for low-income individuals to access addiction and/or mental health treatment. Lack of treatment access impairs law enforcement’s ability to prevent overdose deaths and to make our communities safer.  

Finally, rolling back Medicaid coverage would hamstring Illinois’ successful bipartisan progress toward reforming the criminal justice system. Coverage for addiction and mental health services is essential to the state’s strategy for preventing crime, reducing recidivism, and avoiding the $41,000 per person annual average cost of incarceration for those whose non-violent offenses stem from untreated health conditions.

It is well recognized that there are aspects of the Affordable Care Act that must be overhauled. However, as changes are made, and to expound on what the Governor’s administration and criminal justice experts have written, it would be foolhardy and counter-productive if those changes include an attack on Medicaid coverage. Illinois can ill afford such a loss.

Pamela F. Rodriguez, President & CEO of TASC

TASC President Pam Rodriguez


Pamela F .Rodriguez is president and CEO of Treatment Alternatives for Safe Communities (TASC, Inc.) and a member of Governor Rauner’s Illinois State Commission on Criminal Justice and Sentencing Reform.

TASC Co-Convenes First-Ever National Summit on Deflecting People from Arrest

(Alexandria, VA) – Criminal justice, behavioral health, and public policy experts from across the country convened on March 1-2 for the first-ever national summit focused on strategies to deflect people with drug problems and/or low-level offenses away from the justice system before they enter it, and into behavioral health services instead.

Participants tweeted with the hashtag #Deflection2017, including a concise summary of the event from the Pretrial Justice Institute: “Big ideas. Big partners. Big conversation. #Deflection2017.”

Police, prosecutors, treatment/clinical experts, researchers, and representatives from national law enforcement and behavioral health associations discussed alternatives to arrest for low-level offenses, as well as new methods for confronting the opioid crisis and addiction, focusing on treatment-based solutions through which police can partner with behavioral health service providers in the community.

Hosted in Alexandria by the International Association of Chiefs of Police (IACP), the two-day 2017 Deflection Summit was convened by the Center for Health and Justice at TASC and the Civil Citation Network. The summit was sponsored by C4 Recovery Solutions, IACP, and Ad Care Criminal Justice Services.

Pre-booking or pre-arrest diversion initiatives—also called deflection—offer practical strategies for reforming the front end of the criminal justice system and preventing cycles of arrest and incarceration of people with treatable substance use or mental health issues.

Depending on local community needs and behavioral health capacity, police deflection programs across the country have varying designs, but their goals are consistent: to continue to promote and enhance public safety while also responding more effectively to substance use and mental health problems, and to low-level offenses. These solutions help reverse the tide of people with nonviolent offenses entering the justice system.

In his March 2017 article in Police Chief MagazineJac Charlier, who directs national justice initiatives for the Chicago-based Center for Health and Justice at TASC, describes a number of deflection models currently in place throughout the country, including programs within the Police Assisted Addiction Recovery Initiative (PAARI) network; Seattle’s Law Enforcement Assisted Diversion (LEAD); Baltimore’s Stop, Triage, Educate, Engage, Rehabilitate (STEER) program; citation in lieu of arrest; and drug overdose response teams, such as Lucas County, Ohio’s Drug Action Response Team (DART). Each of these programs, along with several others, brought forth their direct experience and insights at the deflection summit.

“Even a first-time arrest for a misdemeanor offense can end up having lifelong consequences, especially in employment,” said Greg Frost, president of the Tallahassee-based Civil Citation Network, a program offering counseling, education, and community service in lieu of arrest. “If people complete our program successfully, they can avoid an arrest record and the negative consequences that go with it.”

Robert Ryberg, CEO of C4 Recovery Solutions, an international not-for-profit working in substance use and addiction, explained, “Deflection is a key strategy for helping individuals access treatment services, especially those who have not yet self-identified as needing treatment and who are pursuing life strategies that often result in criminal activity. ”

“Police crisis intervention models for responding to mental health emergencies have been successful for many years, and deflection initiatives build from that experience,” added TASC’s Charlier. “Deflection programs are specifically designed to prevent people from going into the justice system when they can safely instead be connected directly to treatment services in the community. It’s a win-win for better safety in the community, for law enforcement, and for the people who get the help they need.”

According to the Centers for Disease Control and Prevention, 144 Americans die every day from a drug overdose, including 91 from an opioid overdose.

“Especially in this time as our nation faces the opioid epidemic, we can save lives by deflecting people to treatment,” said Charlier.

screen-shot-2017-03-02-at-10-27-00-amscreen-shot-2017-03-02-at-10-58-57-am

New Illinois Laws Remove Employment Barriers for People with Criminal Records

(Chicago) – Job seekers with past justice involvement have new opportunities for employment this year, thanks to a series of bills passed by the Illinois General Assembly and signed by Governor Bruce Rauner in 2016. These measures, which TASC supported, reduce or eliminate a number of employment barriers for individuals with past offenses.

These new measures include: restoring hiring discretion to employers by removing lifetime bans on jobs in schools and park districts; removing a similar ban on licensure to qualify for certain healthcare jobs; removing “red flags” on the State’s healthcare worker registry for jobs in the field that do not require licenses; and prohibiting professional licensure denials in seven specific occupations solely because the applicant has a criminal record unrelated to the occupation.

Together, these initiatives improve opportunities for people with prior justice involvement to work and earn income to support their families, pay taxes, and contribute to their communities.

“These laws help remove some of the lasting employment barriers that have hindered people long after they have paid their debt to society,” said Laura Brookes, TASC’s policy director. “We congratulate everyone who led and supported these measures.”

HB 4360, sponsored by State Rep. Kelly Cassidy (D-14) and State Senator Patricia Van Pelt (D-5), removes the lifetime ban on employment in schools for individuals with controlled substance convictions or misdemeanor cannabis, prostitution, or public indecency records, replacing the controlled substances ban with a seven-year waiting period. SB 3005, sponsored by State Senator Jacqueline Collins (D-16) and Representative Cassidy, makes similar changes with regard to employment within local park districts. Further, the bill removes the permanent ban on park district jobs for people adjudicated for a drug offense as a juvenile.

SB 42 and HB 4515 remove barriers to jobs in healthcare for people with criminal records. SB 42 removes a lifetime ban on licenses for healthcare jobs from the Illinois Department of Financial and Professional Regulation (IDFPR) for individuals with certain offense records, replacing it with a three- or five-year ban instead, depending on circumstances. The bill, sponsored by State Senator Iris Martinez (D-20) and State Rep. Camille Lilly (D-78), enables IDFPR discretion to decide whether to grant a license in any particular case. Rep. Lilly and Senator Don Harmon (D-39) sponsored HB 4515, which changes the focus of the Health Care Worker’s Registry to an individual’s ability to work and not whether or not he or she has obtained a waiver, which in some cases has acted as a “red flag” hindering employment opportunities rather than opening them up. The law also removes misdemeanor cannabis crimes from the list of disqualifying offenses.

HB5973, sponsored by State Rep. Marcus Evans (D-33) and State Senator Kwame Raoul (D-13), removes barriers to employment in barbering, cosmetology, esthetics, hair braiding, nail technology, roofing, and funeral service for people with criminal records.

Advocacy for the school, park district, and healthcare employment bills was driven by FORCE (Fighting to Overcome Records and Create Equality), an initiative of the Community Renewal Society led by people with records and their families and faith communities to “create change and seek justice for people with records,” and RROCI (Restoring Rights and Opportunities Coalition of Illinois), led by Cabrini Green Legal Aid, Chicago Coalition for the Homeless, Community Renewal Society, and Heartland Alliance. The occupational licensure bill was a joint initiative of the Safer Foundation and the Illinois Policy Institute.

 

 

TASC Offers Roll Call Videos for Law Enforcement: The Science of Addiction, Building Partnership with Treatment

(Chicago) – The Center for Health and Justice at TASC has produced two short videos designed to support law enforcement in connecting addicted individuals to treatment in the community.

The videos can be viewed on the Center for Health and Justice website.

When people are addicted to drugs, their decision-making abilities are compromised. With information on how addiction affects the brain, and how to effectively partner with drug treatment organizations, many law enforcement agencies are working to reduce crime and improve community relations by diverting low-risk individuals to treatment rather than arrest them when their offenses are related to addiction.

Designed for showing during roll call or staff meetings, the videos cover two specific areas:

What Happens When a Brain is Addicted

  • Dr. Timothy Condon, former science advisor to the White House Office of National Drug Control Policy and past deputy director of the National Institute on Drug Abuse, discusses addiction as a disease of the brain and the challenge of managing it, similar to other chronic diseases such as diabetes and hypertension.

Building Partnerships with Addiction Treatment

  • Peter Palanca, executive vice president of TASC, discusses opportunities to build partnerships between law enforcement and drug treatment providers in the community. This video provides questions that law enforcement can ask providers during an initial meeting to learn about the services they provide.

For information on how to use these videos in your law enforcement setting, please contact Jac Charlier, director of consulting and training for the Center for Health and Justice at TASC.

screen-shot-2016-12-09-at-5-02-32-pm

Funding for the production of the videos was provided through a grant awarded by the Office of National Drug Control Policy, Executive Office of the President. Points of view or opinions in the videos are those of the presenters and do not represent the official position or policies of the Executive Office of the President.

The Chicago Community Trust Grantee Success Profile: Justice and Health Initiative

(Chicago) –  Jails, courts, and prisons across the U.S. have been inundated for decades with people who have untreated health problems.

Rates of substance use disorders, mental illness, and other chronic health conditions are far higher among people in jail than they are among the general public. These health conditions, often co-occurring, contribute to chronic arrest and recidivism. Until the passage of the Affordable Care Act in 2010, for millions of men and women cycling in and out of jails, their first or only access to healthcare services very often occurred only when they were incarcerated.

In 2012, the Chicago Community Trust provided important early funding to TASC to work with Cook County partners to leverage the ACA to increase opportunities for healthcare access in the community. Since then, and thanks to continuing support from the Trust and an array of partners, an estimated 15,000 people have obtained coverage after having initiated their applications at the Cook County Jail.

The Trust recently reported on the success of this initiative in a feature entitled, Seizing a Health Care Opportunity: County Jail.

Excerpt:

Before the ACA, only 1 in 10 had coverage. A combination of circumstances suddenly made it feasible to try to raise that number to 9 in 10: a waiver that allowed Cook County to get a year’s head start on expanding Medicaid to include single adults; a willingness among all the disparate shareholders to work together; and TASC’s commitment to lead the planning group that formed the Justice and Health Initiative, or JHI.

And, critically, the Trust provided seed money, awarding a grant of $98,000 in 2012. It was the first of four grants, for a total of $392,200.

“The Trust deserves credit for being the first to invest in this,” says Pamela Rodriguez, president and CEO of TASC, which coordinates health services and advocates for people in the justice system.

The Trust-funded Justice and Health Initiative represents a crucial step toward broadly addressing the underlying issues—substance use and mental health disorders—that often bring people in contact with the justice system.

“Through these public-private partnerships, we can bring innovative policies and successful practices to scale, and ultimately we can reshape the landscape of justice and health in this country,” Rodriguez wrote last year.

“Brought to scale, this innovation is a game changer.”

Read the Chicago Community Trust’s feature story here.

Ciera Washington, TASC community application specialist, offering health insurance application assistance at the Cook County Jail.

Ciera Washington, TASC community application specialist, offering health insurance application assistance at the Cook County Jail.