When Discrimination is Legal: The Social Costs of Felony Convictions Peter A. Kindle, MA, MDiv University of Houston Graduate School of Social Work Doctoral Student Email: pkindle@houston.rr.com

Criminal (In)justice in America Incarceration rate has increased from 110 per 100,000 to 726 per 100,000 since 1970.1 (The incarceration rate prior to 1970 had been relatively steady for almost 200 years).2 Over 2.1 million persons were incarcerated in 2004. Over 4.8 million were under mandatory supervision in 2003. Over 630,000 persons were released from jails and prisons in 2002. Over 13 million American residents have a felony conviction.3 Over 47 million American residents had a criminal file in 1993. (This was 25% of the work force at that time). 3 The United States has the highest incarceration rate in the world. 3

How long can we keep this up? State Prisons Operated at 1% to 16% above capacity in 2002. 4 Correctional expenditures grew from $9 billion to $60 billion from 1982 – 2001. This is an increase of 452%. Municipalities Correctional expenditures grew from $12 billion to $42 billion. This is an increase of 242%. Federal Prisons Operated at 31% over capacity in 2002.4 Correctional expenditures grew from $4 billion to $25 billion from 1982 to 2001. This is an increase of 492%. Counties Correctional expenditures grew from $9 billion to $42 billion. This is an increase of 373%.

Consequences of Nixon’s War on Drugs How did we get here? Consequences of Nixon’s War on Drugs Prison became punishment, not rehabilitation.3 Parole abolished, Maine, 1976. First sentencing commission, Minnesota, 1980. Mandatory sentences became the norm.3 Truth-in-sentencing, Washington, 1984. Three strikes rule, California, 1994. Prosecutorial discretion replaced judicial discretion.5 90% of sentences settled by plea-bargain. 12% of increase in prison population is due to more crime.6 37% due to longer sentences. 6 51% due to more guilty pleas per arrest. 6

Catch or Release? State and Local Federal Over 90% of inmates are male. Two-thirds are racial or ethnic minorities. Just over half have a high school diploma or equivalent. 40% are functionally illiterate.7 The average IQ is 90. 7 Less than half of state inmates have a “violent” offense. Even fewer jail inmates are violent. Federal Inmates tend to be older (state and local inmates tend to be under 35 years of age). Less than 8% of the incarcerated are federal prisoners. (58% state; 34% local jails). Over 70% of federal inmates are non-violent. Annual costs of housing one inmate exceed $40,000.3

Legal Discrimination8 Employment 37 states permit (10 deny) employers to deny jobs to persons who have been arrested. 29 states have no limitations (21 have some) on licensing agencies consideration of a conviction. 36 states do not limit (14 do limit) public employers consideration of a conviction. 45 states do not limit (5 do limit) private employers consideration of a conviction. Only six states offer certificates of rehabilitation. Title VII of the Civil Rights Act (1964) and EEOC policy permit discrimination unless a “disparate impact” can be proven. “Business necessity” has proven to be a valid defense. 9

Public Assistance and Food Stamps Legal Discrimination8 Public Assistance and Food Stamps 17 states have adopted the federal ban without modification. 21 states have modified the federal ban based on sentence completion or treatment. 12 states have eliminated the ban entirely. Voting Only 2 states have no restrictions on voting rights. 48 states restrict voting rights during incarceration. 36 states extend the restriction to parole and/or probation. 12 states have a lifetime ban on voting (although 7 have provisions for “restoration of civil rights”).

Legal Discrimination8 Access to Criminal Records 33 states do not permit the expungement of convictions. 10 states do not permit the expungement of arrests. 28 states allow access to criminal records on the Internet. Access to Public Housing Only 3 states deny public housing to those with criminal records. Housing authorities in 27 states make case-by-case decisions about housing eligibility based on arrests. Access to Drivers Licenses 27 states suspend for drug convictions; 23 for other offenses. 18 states do not allow restricted licenses even for employment.

The Returnees Over 95% of inmates are released.3 80% of those released are subject to mandatory supervision.10 Only half of the jurisdictions are concerned with treatment. 3 Less than 20% are concerned with educational or vocational training. 3 Almost all ex-offenders return to their home community. 3 Nearly half have never held a job for 2 years. 3 Less than 20% are still married.7 Almost all have been socialized to prison life.11

The Social Costs Family disruption. Neighborhood deterioration.13 7 million children could claim a parent in prison, parole, or probation in 1999.12 Each was more likely to live in poverty as a result.2 Neighborhood deterioration.13 Collective efficacy deteriorates due to loss of intimacy. Criminal conduct is normalized. Churning.3 61% inmates return to prison within 2 years. Over 35% of annual incarcerations are technical violations. Only 25% of annual incarcerations are first-time new offenses.

What Works? Education14 Employment15 Recidivism drops to 14% with an associates degree. 6% with a bachelor’s degree. Texas has never had a recidivate who earned a masters. Employment15 Employment reduces recidivism, but not as dramatically. Confounded by ex-offender variability. Under-funded programs with inadequate transitional resources.