Re-Thinking the Box: Workforce Erosion in Southwest Louisiana due to Non-Job-Relevant Convictions

1. Re-Thinking the Box: Workforce Erosion in Southwest Louisiana due to Non-Job-Relevant Convictions Presented to the American Society of Criminologists Atlanta, GA November, 2018 Jean Faria, JD, Capital Case Coordinator, Louisiana Public Defender Board Erik Stilling, Ph.D., Information & Technology Management Officer, Louisiana Public Defender Board Richard Pittman, JD, Deputy-State Public Defender , Louisiana Public Defender Board Cristine Roussel, MS, Policy Planner-CMS Analyst, Louisiana Public Defender Board

2. Louisiana’s unusually High Incarceration rate largely based on high recidivism (numerous mid-length stays) inspired us to look for reductions of recidivism— Benefits: the Obvious improvement of quality of life for at-risk citizens Significant savings to the public fisc

3. Louisiana’s unusually High Incarceration rate largely based on high recidivism (numerous mid-length stays) inspired us to look for reductions of recidivism— Benefits: the Obvious improvement of quality of life for at-risk citizens Significant savings to the public fisc

4. Yelowitz & Bollinger, 2015: Prison-To-Work: The Benefits of Intensive Job-Search Assistance for Former Inmates [ A report from the Manhattan Institute] A breakthrough study points to reducing rate of recidivism and reducing societal costs About $5,000 per ex-offender for training and mentoring/coaching Estimated average savings of about $231,000 for each ex-offender, following training • “a 46-fold return on the cost of the training, not counting impossible-to-quantify benefits to individuals involved, their families, and communities.”

5. Yelowitz & Bollinger, 2015: Prison-To-Work: The Benefits of Intensive Job-Search Assistance for Former Inmates [ A report from the Manhattan Institute] A breakthrough study points to reducing rate of recidivism and reducing societal costs through mentoring and job training About $5,000 per ex-offender for training and mentoring/coaching Estimated average savings of about $231,000 for each ex-offender, following training • “a 46-fold return on the cost of the training, not counting impossible-to-quantify benefits to individuals involved, their families, and communities.”

6. Yelowitz & Bollinger, 2015: Prison-To-Work: The Benefits of Intensive Job-Search Assistance for Former Inmates [ A report from the Manhattan Institute] A breakthrough study points to reducing rate of recidivism and reducing societal costs through mentoring and job training About $5,000 per ex-offender for training and mentoring/coaching Estimated average savings of about $231,000 for each ex-offender, following training • “a 46-fold return on the cost of the training, not counting impossible-to-quantify benefits to individuals involved, their families, and communities.”

7. Yelowitz & Bollinger, 2015: Prison-To-Work: The Benefits of Intensive Job-Search Assistance for Former Inmates [ A report from the Manhattan Institute] A breakthrough study points to reducing rate of recidivism and reducing societal costs through mentoring and job training About $5,000 per ex-offender for training and mentoring/coaching Estimated average savings of about $231,000 for each ex-offender, following training • “a 46-fold return on the cost of the training, not counting impossible-to-quantify benefits to individuals involved, their families, and communities.”

8. “…a 46-fold return on the cost of the training, not counting impossible-to-quantify benefits to individuals involved, their families, and communities.” Yelowitz & Bollinger, 2015: Prison-To-Work: The Benefits of Intensive Job-Search Assistance for Former Inmates [ A report from the Manhattan Institute] A breakthrough study points to reducing rate of recidivism and reducing societal costs through mentoring and job training About $5,000 per ex-offender for training and mentoring/coaching Estimated average savings of about $231,000 for each ex-offender, following training

9. Continuous meaningful employment may lead to a reduction of recidivism • “…full time employment and fewer employment status changes reduce a probationer’s likelihood to recidivate.” (Cottle, 2017, p. 70-71) • “[Maryland] state’s recidivism rate hovers just over 40 percent. [The] study found than there was zero recidivism for ex-offenders who reached six months of employment.” (Cove & Bowes, 2015, https://www.realclearpolitics.com/articles/2015/06/11) • “…ex-offenders were more likely to be re-incarcerated if they were… unemployed.” (Nally et al, 2014, p.29) - 2014 International Journal of Criminal Justice Sciences (IJCJS) – Official Journal of the South Asian Society of Criminology and Victimology (SASCV) ISSN:0973-5089 January – June 2014. Vol. 9 (1): 16–34.

10. Continuous meaningful employment may lead to a reduction of recidivism • “…full time employment and fewer employment status changes reduce a probationer’s likelihood to recidivate.” (Cottle, 2017, p. 70-71) • “[Maryland] state’s recidivism rate hovers just over 40 percent. [The] study found than there was zero recidivism for ex-offenders who reached six months of employment.” (Cove & Bowes, 2015, https://www.realclearpolitics.com/articles/2015/06/11) • “…ex-offenders were more likely to be re-incarcerated if they were… unemployed.” (Nally et al, 2014, p.29) - 2014 International Journal of Criminal Justice Sciences (IJCJS) – Official Journal of the South Asian Society of Criminology and Victimology (SASCV) ISSN:0973-5089 January – June 2014. Vol. 9 (1): 16–34.

11. Continuous meaningful employment may lead to a reduction of recidivism • “…full time employment and fewer employment status changes reduce a probationer’s likelihood to recidivate.” (Cottle, 2017, p. 70-71) • “[Maryland] state’s recidivism rate hovers just over 40 percent. [The] study found than there was zero recidivism for ex-offenders who reached six months of employment.” (Cove & Bowes, 2015, https://www.realclearpolitics.com/articles/2015/06/11) • “…ex-offenders were more likely to be re-incarcerated if they were… unemployed.” (Nally et al, 2014, p.29) - 2014 International Journal of Criminal Justice Sciences (IJCJS) – Official Journal of the South Asian Society of Criminology and Victimology (SASCV) ISSN:0973-5089 January – June 2014. Vol. 9 (1): 16–34.

12. Continuous meaningful employment may lead to a reduction of recidivism • “…full time employment and fewer employment status changes reduce a probationer’s likelihood to recidivate.” (Cottle, 2017, p. 70-71) • “[Maryland] state’s recidivism rate hovers just over 40 percent. [The] study found than there was zero recidivism for ex-offenders who reached six months of employment.” (Cove & Bowes, 2015, https://www.realclearpolitics.com/articles/2015/06/11) • “…ex-offenders were more likely to be re-incarcerated if they were… unemployed.” (Nally et al, 2014, p.29) - 2014 International Journal of Criminal Justice Sciences (IJCJS) – Official Journal of the South Asian Society of Criminology and Victimology (SASCV) ISSN:0973-5089 January – June 2014. Vol. 9 (1): 16–34.

13. but many employers are reluctant to hire “convicts”

14. This is one of the lifelong collateral consequences people with convictions face Ban the Box—33 states some version of fair-chance or ban the box Of those 33, 11 also mandated removal of conviction history from job applications for private employment NELP Toolkit September 25, 2018 but with ever-increasing conglomeration and buyouts— even if one state bans, corporate HQ in other state my not honor the ban bar bearing on ability to drive a truck

15. This is one of the lifelong collateral consequences people with convictions face Ban the Box—33 states some version of fair-chance or ban the box Of those 33, 11 also mandated removal of conviction history from job applications for private employment NELP Toolkit September 25, 2018 but with ever-increasing conglomeration and buyouts— even if one state bans, corporate HQ in other state my not honor the ban bar bearing on ability to drive a truck

16. This is one of the lifelong collateral consequences people with convictions face Ban the Box—33 states some version of fair-chance or ban the box Of those 33, 11 also mandated removal of conviction history from job applications for private employment NELP Toolkit September 25, 2018 but with ever-increasing conglomeration and buyouts— even if one state bans, corporate HQ in other state my not honor the ban bar bearing on ability to drive a truck

17. This is one of the lifelong collateral consequences people with convictions face Ban the Box—33 states some version of fair-chance or ban the box Of those 33, 11 also mandated removal of conviction history from job applications for private employment NELP Toolkit September 25, 2018 but with ever-increasing conglomeration and buyouts— even if one state bans, corporate HQ in other state my not honor the ban bar bearing on ability to drive a truck

18. Solution: If we cannot BAN the box, Perhaps Check the box ONLY if the offense is relevant to the job Look to EEOC Title VII of the Civil Rights Act of 1964 Disparate Impact Discrimination Is the conviction job related for the position in question and consistent with business necessity?

19. Green v. Mo. Pac. R.R., 549 F.2d 1158, 1160 (8th Cir. 1977)  The Green Factors provide the starting point for analyzing how specific criminal conduct may be linked to particular positions. The three Green factors are: • The nature and gravity of the offense or conduct; • The time that has passed since the offense, conduct and/or completion of the sentence; and • The nature of the job held or sought.

20. Green v. Mo. Pac. R.R., 549 F.2d 1158, 1160 (8th Cir. 1977)  The Green Factors provide the starting point for analyzing how specific criminal conduct may be linked to particular positions. The three Green factors are: • The nature and gravity of the offense or conduct; • The time that has passed since the offense, conduct and/or completion of the sentence; and • The nature of the job held or sought.

21. Green v. Mo. Pac. R.R., 549 F.2d 1158, 1160 (8th Cir. 1977)  The Green Factors provide the starting point for analyzing how specific criminal conduct may be linked to particular positions. The three Green factors are: • The nature and gravity of the offense or conduct; • The time that has passed since the offense, conduct and/or completion of the sentence; and • The nature of the job held or sought.

22. Green v. Mo. Pac. R.R., 549 F.2d 1158, 1160 (8th Cir. 1977)  The Green Factors provide the starting point for analyzing how specific criminal conduct may be linked to particular positions. The three Green factors are: • The nature and gravity of the offense or conduct; • The time that has passed since the offense, conduct and/or completion of the sentence; and • The nature of the job held or sought.

23. Green v. Mo. Pac. R.R., 549 F.2d 1158, 1160 (8th Cir. 1977)  The Green Factors provide the starting point for analyzing how specific criminal conduct may be linked to particular positions. The three Green factors are: • The nature and gravity of the offense or conduct; • The time that has passed since the offense, conduct and/or completion of the sentence; and • The nature of the job held or sought.

24. Solution: If we cannot BAN the box, Perhaps Check the box ONLY if the offense is relevant to the job Problem: This would require major legislation and HR/Workforce Development regulations 

25. Solution: If we cannot BAN the box, Perhaps Check the box ONLY if the offense is relevant to the job Problem: This would require major legislation and HR/Workforce Development Agency regulations 

26. Less Granular but Reasonable First Step: Rejection due to conviction should be based on conviction relevance to job duties Place low risk offenders in security sensitive jobs Place high risk offenders in non-security sensitive jobs TSA has a list of offenses that preclude employment with them, all other convictions do not preclude employment

27. Less Granular but Reasonable First Step: Rejection due to conviction should be based on conviction relevance to job duties Place low risk offenders in security sensitive jobs Place high risk offenders in non-security sensitive jobs TSA has a list of offenses that preclude employment with them, all other convictions do not preclude employment

28. Less Granular but Reasonable First Step: Rejection due to conviction should be based on conviction relevance to job duties Place low risk offenders in security sensitive jobs Place high risk offenders in non-security sensitive jobs TSA has a list of offenses that preclude employment with them, all other convictions do not preclude employment

29. FIRST STEP OF METHODOLOGY: Very exploratory study to see if there is enough promise to merit deeper and more expensive and expansive (statewide) study Careful evaluation of 800+ conviction-offenses evaluated: Federal Lens: Security Risk/Non-Risk - TSA “no-hire” guidelines  -both using the Rand Corporation Delphi Method of consensus building among highly regarded attorneys

30. FIRST STEP OF METHODOLOGY: Very exploratory study to see if there is enough promise to merit deeper and more expensive and expansive (statewide) study Careful evaluation of 800+ conviction-offenses evaluated: Federal Lens: Security Risk/Non-Risk - TSA “no-hire” guidelines  -both using the Rand Corporation Delphi Method of consensus building among highly regarded attorneys

31. FIRST STEP OF METHODOLOGY: Very exploratory study to see if there is enough promise to merit deeper and more expensive and expansive (statewide) study Careful evaluation of 800+ conviction-offenses evaluated: Federal Lens: Security Risk/Non-Risk - TSA “no-hire” guidelines  -both using the Rand Corporation Delphi Method of consensus building among highly regarded attorneys

32. FIRST STEP OF METHODOLOGY: Very exploratory study to see if there is enough promise to merit deeper and more expensive and expansive (statewide) study Careful evaluation of 800+ conviction-offenses evaluated: Federal Lens: Security Risk/Non-Risk - TSA “no-hire” guidelines  -both using the Rand Corporation Delphi Method of consensus building among highly regarded attorneys

33. FIRST STEP OF METHODOLOGY: Very exploratory study to see if there is enough promise to merit deeper and more expensive and expansive (statewide) study Careful evaluation of 800+ conviction-offenses evaluated: Federal Lens: Security Risk/Non-Risk - TSA “no-hire” guidelines  -using the Rand Corporation Delphi Method of consensus building among highly regarded attorneys

34. The Delphi MethodDeveloped by Rand Corporation for nonquantifiable questions • Builds true consensus through several reiterative surveys of a panel of independent experts by querying and reporting back percentages of agreement on each item then repeating survey on disputed items • Concludes with the few remaining disputed items discussed openly among experts until consensus is reached • Concludes with the few remaining disputed items discussed openly among experts until consensus is reached

35. The Delphi MethodDeveloped by Rand Corporation for nonquantifiable questions • Builds true consensus through several reiterative surveys of a panel of independent experts by querying and reporting back percentages of agreement on each item then repeating survey on disputed items • Concludes with the few remaining disputed items discussed openly among experts until consensus is reached • Concludes with the few remaining disputed items discussed openly among experts until consensus is reached

36. The Delphi MethodDeveloped by Rand Corporation for nonquantifiable questions • Builds true consensus through several reiterative surveys of a panel of independent experts by querying and reporting back percentages of agreement on each item then repeating survey on disputed items • Concludes with the few remaining disputed items discussed openly among experts until consensus is reached • Concludes with the few remaining disputed items discussed openly among experts until consensus is reached

37. 2018 Delphi Panel of Experts using TSA list of “No-Hire” Offenses James T. Dixon, JD, Louisiana State Public Defender, LPDB Rebecca Hudsmith, JD, Federal Public Defender, Middle & Western Districts of Louisiana Harry Fontenot, JD, District Defender (Chief), District 14/Lake Charles LA Richard Pittman, Deputy-State Public Defender for Juvenile Services, LPDB Jean Faria, JD, Capital Case Coordinator, LPDB

38. The Delphi panel defined the 800+ charges (from CY14 - CY17) resulting in convictions in the Lake Charles area as non-TSA Risk or TSA Security Risk (no-hire) offenses Ultimately, 186 offenses were defined as a TSA Security Risk Ultimately, 186 offenses were defined as a TSA Security Risk

39. The Delphi panel defined the 800+ charges (from CY14 - CY17) resulting in convictions in the Lake Charles area as non-TSA Risk or TSA Security Risk (no-hire) offenses Ultimately, 186 offenses were defined as a TSA Security Risk (23%) Ultimately, 186 offenses were defined as a TSA Security Risk

40. METHODOLOGY Divide all Lake Charles area Convicted clients into Risk and non-Risk Per TSA federal “no hire convictions” good enough for Homeland Security, good enough for this study Assign Risk or Non-Risk to each client based on the conviction-offense (note that counts are using client names not cases- counting only the first conviction per client- no double counts) Assign Security-Sensitive or Non-Sensitive to newly opening job categories per McNeese University research projections Place low risk offenders in security sensitive jobs Place high risk offender in non-security sensitive jobs

41. METHODOLOGY Divide all Lake Charles area Convicted clients into Risk and non-Risk Per TSA federal “no hire convictions” good enough for Homeland Security, good enough for this study Assign Risk or Non-Risk to each client based on the conviction-offense (note that counts are using client names not cases- counting only the first conviction per client- no double counts) Assign Security-Sensitive or Non-Sensitive to newly opening job categories per McNeese University research projections Place low risk offenders in security sensitive jobs Place high risk offender in non-security sensitive jobs

42. TSA Risk and Non-Risk CONVICTIONS determined by Delphi Method

43. METHODOLOGY Divide all Lake Charles area Convicted clients into Risk and non-Risk Per TSA federal “no hire convictions” good enough for Homeland Security, good enough for this study Assign Risk or Non-Risk to each client based on the conviction-offense (note that counts are using client names not cases- counting only the first conviction per client- no double counts) Assign Security-Sensitive or Non-Sensitive to newly opening job categories per McNeese University research projections Place low risk offenders in security sensitive jobs Place high risk offender in non-security sensitive jobs

44. METHODOLOGY Divide all Lake Charles area Convicted clients into Risk and non-Risk Per TSA federal “no hire convictions” good enough for Homeland Security, good enough for this study Assign Risk or Non-Risk to each client based on the conviction-offense (note that counts are using client names not cases- counting only the first conviction per client- no double counts) Assign Security-Sensitive or Non-Sensitive to newly opening job categories per McNeese University research projections Place low risk offenders in security sensitive jobs Place high risk offenders in non-security sensitive jobs

45. IDEAL: FULL Employment of all Convicted Offenders The smaller number of Security Sensitive jobs are filled by the many NON-TSA-risk offenders The smaller number of TSA-Risk offenders could fill a portion of the large number of Non-Security Sensitive jobs (The remaining Non-Security Sensitive jobs could be filled by the remaining NON-TSA-risk offenders)

46. IDEAL: FULL Employment of all Convicted Offenders The smaller number of Security Sensitive jobs are filled by the many NON-TSA-risk offenders The smaller number of TSA-Risk offenders could fill a portion of the large number of Non-Security Sensitive jobs (The remaining Non-Security Sensitive jobs could be filled by the remaining NON-TSA-risk offenders)

47. IDEAL: FULL Employment of all Convicted Offenders The smaller number of Security Sensitive jobs are filled by the many NON-TSA-risk offenders The smaller number of TSA-Risk offenders could fill a portion of the large number of Non-Security Sensitive jobs (The remaining Non-Security Sensitive jobs could be filled by the remaining NON-TSA-risk offenders)

48. IDEAL: FULL Employment of all Convicted Offenders The smaller number of Security Sensitive jobs are filled by the many NON-TSA-risk offenders The smaller number of TSA-Risk offenders could fill a portion of the large number of Non-Security Sensitive jobs (The remaining Non-Security Sensitive jobs could be filled by the remaining NON-TSA-risk offenders)

49. These numbers of Convictions would be cross-tabulated with new job openings in the Lake Charles area requiring high school education or less Data on Job Market Outlook data produced by McNeese State University professors with local Chambers of Commerce and Regional Economic Development Councils The jobs were divided into apparent TSA Security Risk or Non-Risk (Limitation of the Study: Lack of funds and access to security and HR experts precluded use of the Delphi Method)

50. These numbers of Convictions would be cross-tabulated with new job openings in the Lake Charles area requiring high school education or less Job Market Outlook data produced by McNeese State University professors with local Chambers of Commerce and Regional Economic Development Councils The jobs were divided into apparent TSA Security Risk or Non-Risk (Limitation of the Study: Lack of funds and access to security and HR experts precluded use of the Delphi Method)