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The National H.I.R.E. Network (HIRE) engages in
national policy activities to improve the
availability of supports and services for
individuals with criminal records and individuals
re-entering the community from incarceration.
HIRE promotes specific legislative issues that
affect people with criminal records and
participate in networking and coalition building
on a national level to help involve more
organizations in the work of reducing barriers to
successful re-entry.
Click
here to view the 17 recommendations HIRE
and its partners will continue to advocate for in
the coming years. Act now if you want to be
listed as an individual supporter of the National
Blueprint for Reentry. If you want to participate
and show your support please send an email to
rampeeples@lac.org
stating that you want to be listed as an
individual supporter and the city and state you
live in. Please make sure the subject line of
your email states "Reentry Blueprint Support."
HIRE has been focusing on a number of different
legislative initiatives to help people with
criminal records better integrate into society
and have enhanced access to employment
opportunities:
Funding for Programs
Serving People With Criminal Records
HIRE tracks the annual funding process for
federal programs serving people with criminal
records.
In September 2008, the President signed a
Continuing Resolution (CR) into law, providing
funding for most agencies, including the
Departments of Labor, Justice, and Education at
the FY 2008 levels. This CR will remain in effect
until March of 2009 when the next Congress will
be charged with making additional funding
decision.
Higher Education
Act
On August 14, 2008, President Bush signed into
law the Higher Education Amendments Act, now
Public Law 110-315. This law amends the Higher
Education Act (HEA) to improve postsecondary
educational opportunities for incarcerated people
through a grant program to State correctional
education agencies aimed at helping incarcerated
people acquire educational and job skills.
The bill was approved by the full House on
February 7, 2008. The Senate approved its own HEA
bill without the postsecondary education grant
provision; however, during negotiations to
resolve differences between the House and Senate
bills, the grant program was included.
The Second Chance
Act
On April 9, 2008, President Bush signed into law
the Second Chance Act, now Public Law 110-199.
HIRE celebrates passage of this legislation that
will help states and communities better assist
people returning from the criminal justice system
reintegrate into society.
The Second Chance Act will create a reentry
discretionary grant program that would help
states and local jurisdictions review and improve
their reentry services, including employment,
drug addiction and mental health treatment, and
housing. The Second Chance Act will also create a
federal inter-agency reentry council, a system
for review of certain federal barriers to
reentry, and a grant program to support mentoring
of children of incarcerated individuals. Click here for a summary of
the Second Chance Act
The Second Chance Act was introduced in the House
by Congressman Davis, Congressman Chris Cannon
(R-UT) and 13 additional bi-partisan co-sponsors.
Click here for a list of
co-sponsors of H.R. 1704. The Senate
version of the Second Chance Act was
introduced by Senators Joseph Biden (D-DE),
Arlen Specter (R-PA), Sam Brownback (R-KS) and
Patrick Leahy (D-VT).
Click here for a list of
co-sponsors of S. 1934
HIRE is currently working with policymakers on
securing funding for the Second Chance Act in
2009. Since Congress passed a Continuing
Resolution, no funding for new programs will be
immediately available.
HIRE will continue to advocate for the highest
possible funding for the programs.
Click here to become a member of the H.I.R.E.
Network and receive our email updates featuring
updates on the Second Chance Act and other
Federal legislation.
Work Opportunity Tax
Credit
HIRE monitors Congressional action to extend
and/or reauthorize the Work Opportunity Tax
Credit (WOTC). The WOTC is a federal tax credit
that provides an incentive for employers to hire,
train, and retain job seekers who are among nine
groups - including former felons - who often
experience barriers to employment. This credit
can reduce an employer's federal income tax
liability by as much as $2,400 per qualified new
worker.
On May 25, 2007, the President signed into law
the "Small Business and Work Opportunity Tax Act
of 2007" (P.L. 110-28). This legislation extends
the WOTC Program through August 31, 2011.
Additionally, the "Tax-Relief and Health Care Act
of 2006" was signed into law on December 20,
2006.
Together, these bills amend certain target group
definitions and introduce new provisions that
expand and streamline the WOTC program. The WOTC
has been extended to cover individuals who begin
to work for an employer before September 1, 2011
The Work Opportunity Tax Credit (WOTC) provides
an incentive for employers to hire, train, and
retain job seekers, including "qualified
ex-felons," who often experience barriers to
employment. The WOTC is available to employers
who employ people from one of eight targeted
groups, including "qualified ex-felons." A
"qualified ex-felon" has been defined as an
individual who (1) has a state or federal felony
conviction; (2) is a member of an economically
disadvantaged family and (3) is hired within in
one year of release from prison or from date of
conviction. This credit can reduce an employer's
federal income tax liability by as much as $2,400
per qualified new worker.
Legislation to
Increase Educational Opportunities in Prison and
Following Incarceration
HIRE recognizes that successful reentry is
contingent on full civic participation by people
after leaving prison. However, there are a number
of legal and policy barriers that lessen the
chances for successful reentry. One of the most
harmful of these barriers is the lack of
educational opportunities in prison and after
incarceration. Research has shown that
incarcerated individuals who receive a
post-secondary education prior to their release
from incarceration are much less likely to
recidivate and are more likely to successfully
reintegrate back into the community. In addition,
advanced educational opportunities will help to
prepare formerly incarcerated individuals to
compete in the labor market, join the workforce,
and positively contribute to the economy.
HIRE continues to encourage and support efforts
to increase post-secondary educational
opportunities to incarcerated individuals.
Legislation to Repeal
the Ban on Federal Financial Aid for Students
with Drug Convictions
For a number of years, HIRE has advocated for
repeal of a provision of the Higher Education Act
that delays or denies federal financial aid to
people convicted of drug offenses. In December of
2005, Congress did approve a partial repeal of
the ban that is a significant victory for
students with past drug convictions. Click here for a summary of
the current federal financial aid ban signed
into law in February 2006.
With this change to the law, only students who
are receiving federal financial aid at the time
they receive a conviction for a drug offense will
be affected by the ban. Individuals who are
convicted of drug possession and sale offenses
prior to their receiving federal student aid will
not be penalized. HIRE believes that this partial
repeal is a step in the right direction of
increasing access to education and employment for
people with past drug convictions.
Workforce Investment
Act (WIA) Reauthorization
HIRE continues to work with Congressional staff
on the reauthorization of the Workforce
Investment Act to strengthen provisions in the
legislation relating to services for people with
criminal records. The WIA sets out the federal
workforce development system. Despite very little
movement on the WIA reauthorization in the last
Congress, HIRE continues to monitor the
Committees with jurisdiction over the bill to
identify potential opportunities for progress in
this new 111th Congress.
Legislation to reauthorize the WIA, H.R. 27, the 'Job Training
Improvement Act of 2005,' was
re-introduced and passed the House in early
March 2005. H.R. 27 included "ex-offenders" as
a defined group within the hard-to-serve
population that is targeted to receive
services. The full Senate approved their
version of WIA reauthorization
legislation,S. 1021, in July. This
legislation also included "ex-offenders" in
the hard-to-serve population definition. The
differences between the House and Senate bills
prevented Congress from reaching consensus on
a final bill before the end of the 109th
session; the House and Senate will need to
introduce new legislation in the 110th
Congress to reauthorize the program.
HIRE will continue to monitor legislation to
reauthorize the WIA program in the 111th
Congress.
Click to view comments submitted to the House
Committee on Education and the Workforce which
reflect our recommendations regarding these
improvements.
Click to view our letter sent to the Senate
Committee on Health, Education, Labor and
Pensions detailing recommendations to improve WIA
from the H.I.R.E. Network and our national, state
and local partners.
Federal Juvenile
Justice Legislation
As part of the National H.I.R.E. Network's Youth
Reentry Project, staff monitors and seeks
opportunities for advocacy to help young people
with juvenile and/or criminal records
successfully reenter society.
In July 2008, the Senate Judiciary Committee
voted to pass S. 3155, legislation to reauthorize
and extend the Juvenile Justice and Delinquency
Prevention Act (JJDPA). This reauthorization
expands protections for youth in the juvenile
justice system. For example, the legislation
would prohibit states from holding juveniles
pre-conviction in jails or lock-ups for adults
and from allowing juveniles to have any contact
with adult inmates, unless a court determines it
is in the interest of justice. HIRE will continue
to work with Congressional staff in ensuring that
the JJDPA is reintroduced in the 111th
Congress.
Additionally, HIRE has tracked a number of pieces
of legislation aimed at gang-involved youth and
provided recommendations to Congress on how this
legislation could be better tailored toward gang
prevention initiatives and other efforts that
would help court-involved juveniles to access
educational and employment opportunities.
Click here to view a copy of
the letter HIRE sent to the Chairman of the
Senate Judiciary Committee
HIRE will continue to seek opportunities to
influence federal policy related to youth
reentry.
TANF Reauthorization:
Getting Drug Treatment to Count as a Work
Activity
HIRE continues to work toward getting drug
treatment to count as a work activity under the
TANF/welfare law. It is estimated that between 10
and 20 percent of adult welfare recipients have
problems with alcohol and other drugs. By
allowing essential drug treatment services to be
counted as a work activity under the TANF/welfare
law, more women will successfully move from
welfare to work and more families will remain
healthy and intact. Click here for a fact sheet on
why drug treatment should be counted as a work
activity under the TANF/welfare law
The Department of Health and Human Services (HHS)
has released interim final regulations on the
TANF program and how certain activities should be
counted as work, including addiction treatment.
Under the regulations, substance abuse treatment
counts as a work activity under the "Job Search
and Job Readiness Assistance" category which is
defined by HHS as the act of seeking or obtaining
employment, preparation to seek or obtain
employment, including life skills training, and
substance abuse treatment, mental health
treatment, or rehabilitation activities for those
who are otherwise employable. To count as a work
activity under TANF, the treatment or therapy
must be determined to be necessary and certified
by a qualified medical or mental health
professional and can count towards no more than
six weeks per fiscal year of job search and job
readiness assistance, no more than four of which
may be consecutive. If an individual participates
for more than four consecutive weeks or a total
of six weeks in a fiscal year, the State may not
count those hours toward the participation rate.
Click here to read comments
submitted to HHS by the Legal Action Center
and the State Associations of Addiction
Services
TANF Reauthorization: Lifting the Ban on TANF
Benefits for Individuals with Drug Felony
Convictions
TANF Reauthorization:
Lifting the Ban on TANF Benefits for Individuals
with Drug Felony Convictions
HIRE is also continuing to advocate for repeal of
the federal welfare law's lifetime ban on the
receipt of public assistance benefits and food
stamps for people convicted of drug felonies,
regardless of whether they paid their debt to
society, achieved recovery from their addiction,
or otherwise demonstrated rehabilitation and
ability to fully re-enter society. Click here for a fact sheet on
why Congress should lift the ban on
TANF/welfare benefits and food stamps.
In April 2008, Congresswoman Barbara Lee (D-CA)
introduced the "Food Assistance to Improve
Reintegration Act of 2008" (FAIR Act). This
legislation would repeal federal policy
prohibiting people who were convicted of a drug
felony offense from receiving food stamps.
Although the legislation was not passed in the
110th Congress, HIRE staff is
currently working with Congressional staff to
reintroduce the bill in the 111th
session.
The H.I.R.E. Network will continue to work with
advocates nationwide to seek additional
Congressional support for lifting the ban.
Currently, 14 states still have a lifetime ban
which disqualifies individuals from receiving
food stamps if they were convicted of a state or
federal felony drug offense; 22 states have
modified the ban; and 17 states have opted out of
the ban.
Click here to join the H.I.R.E. Network and
receive our monthly newsletters and legislative
alerts.
Updated 12/2008
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