Presentation Transcript

1. Department of Rehabilitation and Correction Senate Bill 337 Clayton Foor, Suzanne Brooks, Jon Radebaugh Justice Reinvestment Officers
2. Ohio Legislative Reform Prison reform to sentence reform House Bill 86 & Senate Bill 337
3. Senate Bill 337 -Collateral Sanctions/Consequences Effective September 29, 2012 Estimated 2 million Ohioans have a felony or misdemeanor conviction.
4. HB 86 & SB 337: “Collateral Consequences” “Collateral consequences” are restrictions, disabilities, or penalties beyond the direct punishment imposed on individuals at the time of sentencing. Generally, the term “collateral consequence” includes both “collateral sanctions,” which apply automatically upon conviction, and “discretionary disqualifications.”
5. Senate Bill 337Key Provisions Primarily impacts non-violent, non-sex related offenses Deals with certain licensing provisions in fields such as optical dispensing, construction, cosmetology, among others Certain Child Support income calculations
6. Key Provisions cont. Drivers license suspensions not directly related to moving violations. These provisions would not apply when a direct nexus exists between the crime and employment opportunities.
7. Why Do Collateral Consequences Matter? •Over 1.9 million Ohio residents (out of 11.5 million, or 17%) have a misdemeanor or felony conviction. For many Ohioans, their criminal histories limit their employment opportunities. The inability to obtain employment, in turn, frustrates successful reentry and can lead to recidivism. There are over 800 places in the Ohio Revised Code and the Ohio Administrative Code that lists sanctions related to employment and other barriers for persons who have misdemeanor or felony convictions in their backgrounds.
8. Collateral Consequences the long-term civil impacts of criminal conviction
9. What are civil impacts? Civil Impact = Collateral Consequence Includes mandatoryanddiscretionary consequences affecting employment, housing, family, financial, and civic-participation rights Does not include imprisonment, fine, any form of supervision, or costs, including cost of incarceration. SB 337, HB 86, and CIVICC only address civil impacts under Ohio state law. See R.C. 2961.21-definitions Civil Impact
10. Why should I care? Civil impacts are pervasivein Ohio law 2005 U. Toledo study found 404 consequences. There are nearly 800 civil impacts listed on CIVICC… and the list continues to grow. Most of these apply only as the result of an adult conviction, but some can be triggered by other events – even an indictment or arrest.
11. Why should I care? Civil impacts affect our whole economy Former inmates make 40 percent less than before they were incarcerated.  Average lost income was $15,600 per year. Pew Center on the States, 2010 Collateral Costs: Incarceration’s Effect on Economic Mobility 13.9 million working-age Americans with felony records. Their exclusion from labor market = $57-$65 billion lost U.S. GDP. Center for Economic and Policy Research, 2010 Ex-Offenders and the Labor Market Ohio’s share of lost GDP = $2 billion
12. What Employers Need to Know(You may be missing out on capable employees) Most persons with a criminal record are automatically excluded from employment even though they may possess real job skills that would benefit an employer if given an employment opportunity Many ex-offenders committed low level offenses or committed their crimes many years ago
13. What Employers Need to Knowcont. Persons on probation/parole have an incentive to show up for work and many are regularly drug tested Due to being excluded from jobs, many have an incentive to retain jobs for which they are hired
14. What Employers Need to Knowcont. The employer may qualify for a $2,400 Tax Credit and $5,000 in Bonding Protection for hiring qualified ex-offenders which is available at no cost Ex-offenders who have stayed out of trouble for three to four years are no more likely to re-offend than those without a criminal record
15. Why should I care? Many need to understand civil impacts Defense attorneys, Prosecutors and Courts – informing decisions about charging, plea and sentence or disposition Corrections planners, reentry coordinators – developing programs, helping inmates plan for successful reentry Inmates– choosing programs, preparing for reentry Schools, colleges, & students– admissions, career placement Employers & applicants– confirming eligibility Workforce developmentprofessionals– selecting training programs; job placement Probation & parole officers – pointing supervised offenders in the right direction Academics– informing policy with research
16. Why consider civil impacts? Civil impacts pile on defendants’ disadvantages Missed work days → loss of job Licensing boards receive notice of arrest → possible license suspension Housing authority receives notice of arrest → eviction notice Job and Family Services receives notice of arrest/incarceration → loss of cash assistance, food stamps Family instability → removal of children

17. CIVICCThe Ohio Civil Impacts of Criminal Convictions Databasehttp://opd.ohio.gov/CIVICC

    Lawyers, judges, social service professionals and citizens use CIVICC to find out: for a particular type of offense, how will a conviction affect the defendant’s civil life – work, family, housing etc. ? for a particular area of civil life, what offenses will create legal barriers? Built by Ohio Justice & Policy Center  in collaboration with Office of the Ohio Public Defender with major support from Ohio State Bar Foundation
18. Finding Ohio civil impacts – What is CIVICC? Searchable online database for answering two questions specific specific Ohio civil impact criminal conviction TRIGGERED BY WHICH…? TRIGGERS WHAT…? s s
19. How to search CIVICC
20. See the CIVICC USER GUIDE:

    For more info

    http://bit.ly/CIVICC_User_Guide_4-17-2013
21. A Fresh Start Tools for overcoming civil impacts and reducing recidivism
22. Tools for overcoming civil impactsCivil-impact relief mechanisms Two kinds of Certificates: Certificate of Achievement and Employability (CAE) under HB86 Certificate of Qualification For Employment (CQE) under SB337
23. Tools for overcoming civil impacts Certificate of Achievement and Employability (CAE)- HB86 ORC 2961.23 defines two significant legal effects of CAE : (A) Converts mandatory civil impact into a discretionary one — no guarantee of getting license or privilege (B) Protects employer from negligent-hiring liability
24. CAE application
25. Tools for overcoming civil impacts Certificate is issued by the ODRC Certificates can be revoked if the offender is convicted of any offense other than a minor misdemeanor or traffic offense Certificate cannot be revoked for a violation of a condition of release unless it is also a criminal offense
26. Tools for overcoming civil impacts Certificate of Qualification for Employment (CQE) – SB 337 ORC 2953.25 -- CQE provides the same 2 benefits as CAE with the exception that it is: Available to many more people: 6 months post-discharge for misdemeanor, 1 year post-discharge for felony. Court decides: Court of county where applicant resides
27. Certificate of Qualification Is not a sealing of a criminal record or expungement Does not prevent state licensing agencies or employers from viewing your convictions Not eligible for Out of State or Federal convictions
28. Senate Bill 337: CQE Review Petitions submitted through DRC for “completeness” Collect statewide data & create statewide database Provide Report in conjunction with Ohio Judicial Conference to General Assembly & Governor – one year later
29. Senate Bill 337: CQE www.drccqe.com One site for Petitioner, DRC, and Court Accessible statewide Easy Data Collection Ability to collect Feasibility Recommendations
30. Senate Bill 337: CQE Auto notices for submission of Petitions Auto creates CQE Certificate if approved Local control for Courts to add/delete users without significant support Restricted views and abilities dependent upon role and agency
31. Senate Bill 337: CQE Petitioner visits www.drccqe.com Login page Eligibility & Instructions CIVICC Link & Email Links Printable Copy of Blank Petition Petitioner Registration
32. Applying for a CQE at www.drccqe.com
33. Applying for a CQE at www.drccqe.com Qs Q Qs
34. Applying for a CQE at www.drccqe.com
35. Applying for a CQE at www.drccqe.com
36. Applying for a CQE at www.drccqe.com
37. Applying for a CQE at www.drccqe.com
38. Applying for a CQE at www.drccqe.com
39. Applying for a CQE at www.drccqe.com
40. Applying for a CQE at www.drccqe.com
41. Tools for overcoming civil impacts CQE standards– SB 337 2953.25(C)(3) -- CQE court must find “by a preponderance of the evidence”: “(a) Granting the petition will materially assist the individual in obtaining employment or occupational licensing.” “(b) The individual has a substantial need for the relief requested in order to live a law-abiding life.” “(c) Granting the petition would not pose an unreasonable riskto the safety of the public or any individual.”
42. Applying for a CQE at www.drccqe.com
43. Tools for overcoming civil impacts CQE process– SB 337
44. Tools for overcoming civil impacts CQE process– SB 337
45. Certificate of Qualification for Employment
46. Unintended Consequences Employers requiring an applicant to have a CQE to be considered for employment when they would have offered employment prior to SB337 Employers requiring a current employee in good standing to obtain a CQE in order to prevent termination
47. Contact information for the JRO’s Thomas Warmouth Karl Blissenbach Youngstown District APA Office Canton District APA Office 242 West Federal Street, Suite 402 110 Central Plaza South, Suite 301 Youngstown, Ohio 44503 Canton, Ohio  44702 thomas.warmouth@odrc.state.oh.uskarl.blissenbach@odrc.state.oh.us (330)623-7027 (330)233-4889 Dave Porter Tracy Delph Terry Collins Reentry Center Hillsboro District APA Office 16643 State Route 104 100 South High Street Chillicothe, Ohio 45601 Hillsboro, OH 45133 dave.porter@odrc.state.oh.ustracy.delph@odrc.state.oh.us (740) 851-7028 (937)313-9771 Suzanne Brooks Katie Nixon Elyria APA District Office Lima District APA Office 631 Griswold Road 137 West North Street Elyria, Ohio 44035 Lima, Ohio 45801 suzanne.brooks@odrc.state.oh.uskatie.nixon@odrc.state.oh.us (216)551-3903 (937)313-1867 Clayton Foor Jon Radebaugh Williams County APA Office Mansfield District APA Office 1 Courthouse Square 38 South Park Street Bryan, Ohio 43506 Mansfield, Ohio 44902 clayton.foor@odrc.state.oh.usjon.radebaugh@odrc.state.oh.us (419)576-0013 (419)610-6197