Examples Of Collateral Consequences In America

Collateral Consequences in America The term “collateral consequences” refers to barriers to societal integration that follow the completion of a sentence imposed upon one with a criminal record. Historically these consequences applied primarily to inheritance and property rights. The modern form of collateral consequences first appeared in 1898 when the U.S. Supreme Court upheld a restriction in New York law which banned individuals with a felony record from practicing medicine. Today, these barriers often interfere with the ability to secure housing, employment, education, and other basic necessities for life. While some employers, landlords, and educational institutions are willing to allow returning neighbors the opportunity to prove their commitment to living positively, many are simply unwilling to accept individuals with any criminal record as a tenant, employee, or student because of liability and safety concerns or perceived societal pressures.
According to the best estimates available, there are more than sixty-five million Americans who have a criminal record. In 2015, more than 640,000 returning neighbors returned to their community from state and federal prison. These individuals face significant
barriers to becoming productive citizens, which we call the “second prison.” Across the country today, there are over 48,000 legal barriers, called collateral consequences, that bar an individual with a criminal record from securing employment, occupational licenses, housing, and many other things they need to become productive members of society. Many of these consequences are mandatory, taking effect automatically regardless of a nexus to public safety, the seriousness of the offense, the time passed since the offense, or the individual’s efforts to make amends or earn back the public’s trust. We know from the body of research currently available that gaining meaningful employment is one of the most significant predictors of successful reentry and reducing future criminal activity. Even though this fact is clearly known by correctional and legislative officials, ninety percent of those who have previously been incarcerated struggle to find employment because of legal and societal barriers which are often not directly related to the offense committed or proven to provide any public safety benefit. Every jurisdiction in America has laws that prohibit an individual with a criminal record from working in certain industries. Examples include cosmetology, the operation of arcade games, automotive parts recycling, camping equipment sales, boiler inspection, and many others. In addition to these thousands of legal barriers, sixty percent of employer’s report that they would not be willing to hire someone with any criminal record. This collision of both legal and societal barriers leads to many returning neighbors struggling to secure meaningful employment and become productive members of their community. Research has also revealed that education is a significant predictor of successful reentry. Those with a criminal record have significantly lower levels of both educational attainment and work experience than the general population. This deficit in marketable skills cannot be remedied because individuals with a criminal record face significant difficulty acquiring admission to and funding for educational programs. These decisions to deny admission to institutions of higher education typically apply regardless of an individual’s efforts to live positively or the lack of empirical evidence showing any campus safety risk.
Inability to secure housing upon release from incarceration is a collateral consequence that often compounds other problems faced by returning neighbors. Without a residence or a mailing address, many are unable to secure meaningful employment, proper identification, or work towards becoming a productive member of society. Many landlords today are likely to deny housing opportunities to anyone with a prior criminal conviction because of the perceived liability risk. One study has revealed that over fifty-six percent of landlords are unwilling to rent to a tenant who has a criminal record containing a felony crime and over thirty-two percent responded in the same manner for an individual with only a misdemeanor charge. Individuals with a criminal history are also barred from seeking access to public housing because certain crimes bar them from living in public housing or receiving public housing assistance. This inability to access housing has been found to be directly related to an increase in the number of individuals returning to prison.
In addition to these significant barriers to acquiring meaningful employment, adequate education, and acceptable housing, individuals with a criminal record face other significant barriers such as an inability to regain voting rights, volunteer in their community, and secure proper identification documentation. All of these barriers prevent the 65 million Americans with criminal records from contributing fully to their families and communities and result in increased recidivism, increased victimization, and decreased public safety. This second prison results in lost human capital and economic output for our country and economic mobility for the families affected by these collateral consequences.

Prison Fellowship’s Position on Collateral Consequences At Prison Fellowship, we believe in a “justice system that restores.” This requires our justice system to recognize and advance human dignity, promote accountability for the responsible party through proportional punishment, prioritize and respect the harmed party, and cultivate community engagement, safety, liberty, and support.
Every person is endowed with human dignity and the ideas of redemption and second chances are core American values that must be maintained and protected. Once a debt to society is paid in full, extending a second chance is a fair and necessary proposition. People with a past can still have a bright future and our communities stand to benefit from the contributions of returning neighbors if we equip them to be
successful.

Prison Fellowship’s Efforts to Ensure Second Chances Realizing that returning neighbors face significant barriers during their return to society, Prison Fellowship has sought to raise awareness and advocate for the removal of the barriers that prevent them from becoming successful members of our communities. In 2015, we established the Second Prison Project with a goal of eliminating the “second prison” of legal and societal barriers that prevent millions of Americans from reaching their highest potential. In 2017, Prison Fellowship expanded its advocacy efforts by establishing April as Second Chance Month. This yearly effort seeks to both raise awareness and secure legislative or societal changes that will reduce the barriers faced by returning neighbors. Our successful campaign resulted in partnerships with 65 other national and local organizations who recognize this need and media coverage that reached over 140 million Americans. The U.S. Senate, three states, and one city joined us in our efforts to raise awareness about the need to eliminate collateral consequences by issuing resolutions or proclamations recognizing April as Second Chance Month. In the coming years, Prison Fellowship will be working with our partners and government officials across the country to ensure that returning neighbors can receive closure and be given an opportunity to show a commitment to living positively.