Wendy Olson U.S. Attorney, District of Idaho Kathy Griesmyer Public Policy Strategist, ACLU of Idaho April 14, 2014

 97% of the offenders in prison today will be released at some point. Most of them will be returning to the communities in which they lived when they offended; the vast majority will be living in the state where they had been incarcerated.  Many of these offenders will struggle to find appropriate housing. And their residential instability will make them more likely to fail in the community and return to prison.  Research has found a significant connection not only between homelessness and incarceration, but between homelessness and re-offending (John Jay College, The Fortune Society, BJA, 2009).

 Studies have shown that the first month after release is a vulnerable period during which the risk of becoming homeless and/or returning to criminal justice involvement is high  Yet in most jurisdictions, affordable and available housing is in short supply

There is a growing consensus among federal, state, local and private entities involved with offender reentry initiatives that their vision is to collaboratively develop strategies that will promote a greater likelihood of offender success after release to the community. Having a greater percentage of offenders successfully reintegrate into communities means a reduction of recidivism and enhanced public safety (fewer crimes, fewer victims).

 There are 7.3 million adults currently under criminal justice supervision in the U.S. ◦ $60 billion spent annually (does not include prosecution costs, costs to victims, etc.) up from $9 billion in 1980  7 million adults represents 1 in every 31 adults in U.S. ◦ It was 1 in every 90 adults in 1980

 2.3 million adults are in prison or jail (a 700% increase in the last 35 years). 1.5 million in prison; 800,000 in jail.  Over 5 million adults are under community supervision (1 in every 45 adults in U.S. currently under community supervision). ◦ 4.27 million adults are on probation (3 million in 1995). ◦ 828,000 adults are on parole

 Approximately 30% of the nation’s adult population has a criminal record.  There are 13 million released felons in the U.S. ◦ 6.5% of the entire adult population ◦ 11% of the adult male population  Bureau of Justice Statistics, US Dept. of Justice

11 th highest incarceration rate in U.S. despite low crime rate, 7 th lowest in the nation (National Institute of Corrections)

4 th highest populations of probationers in U.S. 12 th highest populations of parolees in U.S.

 Justice Reinvestment Initiative ◦ National reform project brought to Idaho by Council on State Governments ◦ Looks to address three primary issues: 1.Reduce recidivism 2.Prioritize non-violent, low- risk individuals to be released on parole 3.Improve data collection systems

 Reducing Recidivism ◦ IDOC study from 2013 shows 35% recidivism rate for all individuals involved in the correctional system ◦ 30% of people on felony probation/rider sentences end up violating term of program and end up in prison (CSG report 2014)

 In 2013, approximately 700,000 offenders were released from prisons in the U.S. and returned to their communities. ◦ 144,000 offenders were released from prisons in  This large number of returning offenders places great strain on existing community resources – to include appropriate housing.

 A significant number of offenders fail to successfully reintegrate into communities – nearly 2/3 will be rearrested within three years of release, and half of those reincarcerated. (Langan and Levin, 2002; BJA, 2006.)  Revocations are the fastest growing category of prison admissions ◦ Parole violators account for 35% of new prison admissions today, as compared to 17% in ◦ About 41% of offenders on probation fail to successfully complete supervision. ◦ New court commitments declined from 81% to 60% of prison admissions ( )

◦ Over ¾ of offenders have a history of substance abuse use ◦ Lack of job skills/limited education ◦ Poor reasoning skills/criminal thinking/attitude and decision making processes ◦ Absence of pro-social support groups ◦ Mental health/ general health problems ◦ The nature of the person’s social network and associations ◦ Absence of a stable residence

 Nationally, more than 10% of offenders are homeless at the time of their release from prisons and jails– it may be up to 30% or more in large urban centers (Black and Cho, 2004).  There are approximately 850,000 homeless people in the U.S. at present. BJA, Reentry Policy Council, 2007

 Stable and appropriate housing has always been a critical concern for returning offenders, criminal justice organizations, and local communities.  Homelessness in the first 90 days after release significantly increases the likelihood of re-offending (Harding and Harding, 2006). ◦ Housing and job instability contribute enormously to offender failure under supervision. GA DOC.  Individuals who move initially from prison or jail to homeless shelters are 7 times more likely to abscond from parole than other offenders (Vera Institute, N.Y., 1999).

 In New York, it costs more than $32,000 per year to serve a single person who stays in homeless shelters and returns to prison. Hospitalizations and child welfare involvement drive this price tag even higher.  Prison and jail are among the most expensive settings to serve people who are homeless: one nine-city study calculated median daily costs for prison and jail at $59.43 and $70.00 respectively, compared with $30.48 for supportive housing.

 Options for a returning offender: ◦ Own a home/live with family ◦ Live with friends ◦ Private market rental housing ◦ Non-profit housing options ◦ Half-way houses ◦ Supportive housing ◦ Shared living arrangements ◦ Specialized reentry housing

 Higher Turnover  Lease Violations  Community Reputation ◦ Fighting NIMBY (may exist already in affordable housing)  Damage Collections Against Tennant  Risk of Injury to Residents/Staff  Landlord Liability for Known/Preventable Action

 Landlords cannot screen and deny for all criminal history ◦ Likely violation of fair housing laws ◦ May be disproportionate impact on some groups given disproportionate incarceration rates of those groups  Consider screening only for convictions that pose threat to tenants or property ◦ Murder vs. trespassing  Criteria typically establishes timeline based on conviction ◦ How old is it? ◦ What has history been since that time?

 “This is an Administration that believes in the importance of second chances... And at HUD, part of that support means helping ex- offenders gain access to one of the most fundamental building blocks of a stable life – a place to live.” ◦ HUD Secretary Shaun Donovan, 1/5/2011

 There are few federal restrictions that would prevent offenders from living in publicly assisted housing. The federal restrictions apply to the following: ◦ Sex offenders who must register for life ◦ Offenders convicted of manufacturing or possessing methamphetamine in publicly assisted housing. ◦ Three year ban if evicted from publicly assisted housing for drug-related criminal activity ◦ Committing arson while living in publicly assisted housing  While local PHAs may choose to create more restrictions, these are not imposed by HUD.

 PHAs can decline admission to:  1.Individuals who have engaged in any drug-related or violent criminal activity or other criminal activity during a reasonable time period prior to the application for housing if it would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents.

 2. Individuals who are illegally using a controlled substance, or have a history of abuse of drugs or alcohol that may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.  3. Any individual that has been evicted from federally assisted housing because of drug-related criminal activity in the previous three years. This includes individuals and household evicted under HUD’s “One Strike” policy. Under this policy, evictions may occur if any member of a household or guest of a household engages in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug- related criminal activity, on or off the premises.

 Supportive housing has been shown to reduce criminal justice involvement, reducing jail incarceration rates up to 30 percent and prison incarceration rates up to 57 percent.  According to a cost analysis by the Corporation for Supportive Housing, a single re-entry housing unit in New York used by two people over one year can save $20,000 to $24,000 relative to the cost of release to shelter and re-incarceration. ◦ Culhane, 2002

 “In 2006, the Corporation for Supportive Housing (CSH) launched its Returning Home Initiative. Under this initiative, CSH has worked collaboratively with the Cook County Jail in Illinois to pilot a program that links people with long histories of homelessness, mental illness, and incarceration to supportive housing. This effort focuses on people that:  Have demonstrated a history of repeated homelessness upon discharge from jail;  Have been engaged by the jail’s mental health services or state mental health system at least 4 times;  Have a diagnosed serious mental illness of schizophrenia, bipolar, obsessive compulsive or schizo-affective disorder.” Source: “Moving towards evidence based housing programs”. Roman, 2009

Many Landlords/Operators Not Completely Against Allowing Ex-Offenders  Primary issue is financial ◦ Who is going to provide guarantee?  Property  Rent (financial)  Risk to residents/community reputation ◦ Potential additional costs to the Provider/Landlord  Additional Staffing  Security

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