By Jeremiah Mosteller | Due Process Institute | Policy Counsel
Almost 50,000 individuals are released from our federal prisons each year and enter back into communities across our country. Many of these individuals hope to become productive members of their community again and move forward from the shadow of their past mistakes. They will be surprised to discover that an overwhelming number of societal and legal barriers stand in between them and success regardless of their skills, character, and commitment to living positively in the future. With this April again being designated Second Chance Month we are presented with an opportunity to critically consider how we can remove some of these barriers and equip individuals to overcome obstacles that cannot be removed through policy change—particularly at a time when our nation’s most vulnerable already have so much to overcome.
Barriers to a Second Chance
Ensuring a true second chance after someone exits the justice system is vitally important for public safety, stronger communities, and a growing economy in the United States. More than 77 million Americans with a criminal record face over 44,000 legal barriers and significant societal stigma that bar them from accessing meaningful employment, securing adequate housing, and supporting their family. These barriers are counterproductive to public safety and the foundational principles of our federal corrections system.
Advancing Second Chances Through Federal Policy Change
Many employers and landlords have begun to look past someone’s criminal record in a manner that holistically considers an applicant’s qualifications in totality. States have also begun to adopt reforms that will reduce the legal barriers for Americans with a criminal record. While the First Step Act was a step forward in this area, there is more the federal government can do to reduce barriers to success for returning citizens who want to become productive members of their community. Today, we endorse and urge Congress to pass the following four pieces of legislation this Second Chance Month because they will all help individuals escape some of the unnecessary weight imposed by a criminal record in their pursuit of a true second chance in life.
Prison to Proprietorship for Formerly Incarcerated Act (H.R. 5065)
The Prison to Proprietorship for Formerly Incarcerated Act is bipartisan legislation introduced by Democrat Representative Hakeem Jeffries and Republican Representative Tim Burchett. The legislation would expand the scope of the Small Business Administration’s Service Corps of Retired Executives business mentorship program to help individuals after exiting the federal prison system. This program would allow the nation’s largest network of volunteer business experts to mentor, train, and counsel these individuals in best practices for starting and growing their own small business. This legislation, which would cost taxpayers almost nothing, would pay dividends for public safety by equipping individuals to overstep the barriers they face in pursuing traditional employment and empower them to help even more people acquire a second chance in the ways companies like Dave’s Killer Bread and Flikshop have done in recent years. The bill has already successfully passed the House of Representatives and has been referred to the Senate Committee on Small Business and Entrepreneurship. We call on the Senate to pass this legislation and send it to the President’s desk because it is a great opportunity to help individuals achieve their full potential after their time in our federal prison system.
Trafficking Survivors Relief Act of 2020 (S. 3240/H.R. 3627)
The Trafficking Survivors Relief Act is a bill sponsored by Republican Senator Rob Portman and Democratic Senator Kristen Gillibrand that seeks to help victims of human trafficking avoid the collateral consequences of a criminal conviction connected to their victimization. An almost identical companion bill has been introduced in the House and is cosponsored by a bipartisan group of nine Representatives from nine different states. First, the legislation allows federal judges to vacate a conviction for a non-violent federal crime when it is the “direct result” of someone being a victim of human trafficking. Second, the legislation allows for the expungement of some federal arrest records if the conduct is “directly related” to an individual being the victim of trafficking.
A recent survey from the National Survivor Network reports that more than 90 percent of trafficking survivors have been arrested and many of these arrests result from conduct that has been orchestrated by the individuals trafficking them. An individual who is a victim themselves should not be subject to the immense burdens imposed by having a criminal record for conduct that was forced by their perpetrator or committed under duress. The House and Senate should come together to advance these important reforms to the President’s desk so our federal justice system can stop criminalizing victimization.
Shift Back to Society Act of 2019 (H.R. 4252)
The bipartisan-supported Shift Back to Society Act is sponsored by Republican Representative French Hill, Democrat Representative Steve Cohen, and five other members of the House. It would empower the Attorney General and Secretary of Education to establish pilot programs at 10 historically black colleges and universities to provide educational programming to individuals who are going through the reentry process. This legislation would supplement the resources already being invested by many universities to help individuals who were formerly incarcerated. This new program could significantly improve the reentry experiences of many in these local communities because educational programming has been found to successfully improve public safety and post-release employment for those exiting our prison systems. The House Committee on the Judiciary should advance this legislation to support the noble efforts of our educational system to equip individuals who are seeking to live positively after paying their debt for a past mistake.
Fair Hiring in Banking Act (S. 3441)
Current law imposes a lifetime ban on employment at a bank or other financial institution insured by the Federal Deposit Insurance Corporation (FDIC) for individuals convicted of a criminal offense “involving dishonesty or a breach of trust or money laundering.” The Fair Hiring in Banking Act, sponsored by Senators Jones, Cornyn, Tillis, and Manchin, would reduce the barriers to employment for individuals who are qualified for employment but are barred from doing so because of a non-violent criminal record or crimes committed in their youth. This bill imposes a more reasonable waiting period of seven years for adults and 30 months for those under 21 years of age at the time of the criminal conduct. While financial institutions like JPMorgan Chase and even the FDIC have taken voluntary steps in recent years to diversify the banking workforce, regulations like those being reformed in this legislation restrict how far these institutions can go towards advancing second chances. The Senate should quickly advance these reforms to the House to remove the barriers that stand in the way of companies that seek to voluntarily advance second chances through their hiring and business practices.
Conclusion
Individuals who currently have a criminal record are frequently relegated to the fringes of our society because they cannot access the essentials necessary to engage as productive members of their community. While local communities and non-profit organizations are doing great work to advance second chances, Second Chance Month presents Congress with an opportunity to pass four pieces of legislation it has already been considering for months. We urge Congressional leaders to advance these four pieces of legislation to President Trump as a meaningful next step in reforming our federal criminal justice system.
Find a statement from our President, Shana-Tara O’Toole, on these legislative reforms here.