Creating a Stable Life After Federal Incarceration

Creating a Stable Life After Federal Incarceration

Starting a new life after prison or jail means not only starting from scratch but doing it all while facing huge obstacles. Well over half of formerly incarcerated people are still unemployed one year after getting out, according to one study. Almost 70 percent are re-arrested within three years, according to another study. With smaller incomes, little government support, and a host of minor but important legal hurdles—many can’t get driver’s licenses or apply for jobs that require professional licenses—some find life after prison harder and more unpredictable than life inside.

As COVID-19 has prompted mass releases from jails and prisons to cut down on risky overcrowding, helping prisoners successfully re-enter society has become the next big challenge for criminal justice reformers. “Because of all of the obstacles, and all the prejudice, it’s almost like we come out with a conviction that says, ‘Fail’—that’s what it feels like,” said Harold Dean Trulear, a professor at Howard University who studies prisoner re-entry.

Finding Housing

One of the first steps after leaving prison is finding a place to live. Some prisons have pre-release programs to help inmates get identification documents and apply for services like healthcare and housing assistance. But often, people leaving jail or prison have nowhere to go. They may stay in homeless shelters, with family, or couch surf with friends. Without a permanent address, it’s much harder to get a job, healthcare, or government benefits.

Public housing authorities can make it hard for former prisoners to qualify for public housing. There are often long waitlists, and authorities do criminal background checks that disqualify people with certain types of convictions. Landlords who accept Section 8 vouchers also do criminal background checks. Some cities and states have passed laws banning discrimination based on criminal records, but enforcement is spotty.

Housing is one of the biggest barriers for anyone coming home from prison,” said Bianca Tylek, executive director of Worth Rises, a criminal justice advocacy group. “It’s the foundation from which someone can begin to rebuild their life, and oftentimes it’s the biggest challenge.”

Finding Work

Finding a job with a criminal record can be extremely difficult. Many employers are reluctant to hire people who were incarcerated. Some jobs legally bar people with certain types of convictions. Getting professional licenses can be hard or impossible.

“Employment discrimination against formerly incarcerated job seekers is pervasive,” concluded a study by the Ella Baker Center for Human Rights. Research shows that a criminal record reduces the likelihood of a job callback by 50%.

Some states and cities have enacted “ban the box” laws that bar employers from asking about criminal history on job applications. But these laws usually have exceptions. Employers can still do criminal background checks later in the hiring process.

For people leaving prison, job training programs can help provide skills and credentials. But often the best opportunities come through personal connections. Family or community relationships that lead to jobs are crucial.

Getting Public Benefits

Navigating the bureaucracy around public benefits like food stamps, Medicaid, disability benefits, and cash assistance can be difficult—especially for people who were recently incarcerated. Many benefits are denied to people with certain types of drug convictions.

“Because you’ve been convicted of a felony drug offense, you can be banned from public housing, you can be banned from public assistance, you can be banned from federal educational assistance,” said Katharine Huffman of the Square One justice reform project.

Even accessing basic identification documents like a driver’s license, birth certificate, or Social Security card can be hard after incarceration. Yet those documents are needed to get benefits, housing, and employment.

“If you have no ID, you are invisible,” said Glenn Martin, founder of GED2DC, a group helping formerly incarcerated people. “It’s mission impossible getting your life started without an ID.”

Paying Fines and Fees

Fines, fees, and other legal debts related to incarceration put a huge financial burden on people leaving prison. Outstanding court debt from previous cases or new convictions can total thousands of dollars. Failure to pay can result in re-arrest, revoked probation or parole, and reincarceration.

“Legal financial obligations—court fines, fees, surcharges, interest, parole and probation supervision costs—strip wealth from millions of poor people and communities of color every year,” said the Ella Baker Center.

Advocates say such debts should be waived for people who can’t afford to pay, so they can focus limited funds on basics like food, housing, and transportation.

“If we care about people succeeding when they return from prison, allowing them to be saddled with thousands of dollars of debt is irrational and counterproductive,” said Alexes Harris, a sociologist at the University of Washington.

Getting Healthcare

People leaving incarceration need healthcare, especially mental health and addiction treatment. But getting enrolled in Medicaid and finding providers willing to treat former prisoners can be difficult.

A federal law bars Medicaid from paying for healthcare provided to people in prison. So when inmates get released, they have to reapply and get approved for Medicaid in their state. This process can take months. Some experts recommend letting inmates apply for Medicaid before release, so coverage starts right away.

Finding mental health and addiction treatment can also be tough. Former prisoners may lack insurance, can’t afford treatment, or have trouble finding providers and programs that accept them.

“One of the biggest tragedies in reentry is the lack of attention paid to behavioral health needs,” said Trulear. “Addiction, trauma, anxiety, depression—those are still there when people come home.”

Reconnecting with Family

Maintaining family ties during and after incarceration has huge benefits. But it can also be challenging. More than half of state prisoners are held over 100 miles from their homes, making visits difficult and expensive.

Phone calls from prison are costly too. Correctional facilities usually have contracts with phone companies charging high fees, which are passed on to prisoners and their families. One study found the average charge for a 15-minute call was over $5.

Upon release, repairing damaged relationships takes time. Some family members may be reluctant to let the former prisoner back into their lives. There can be resentment about the incarceration and skepticism that behavior will really change.

The family has already been through the incarceration experience, and now they have to deal with the reentry experience,” said Nancy La Vigne of the Council on Criminal Justice. “It’s a difficult transition.”

Avoiding Reincarceration

Following all the rules of probation or parole is challenging for newly released prisoners. Requirements like frequent meetings with parole officers, drug testing, counseling, employment, and housing checks can be demanding.

Technical violations like a failed drug test or missed appointment are common and can land former inmates back behind bars. “In many states, more than half of prison admissions are for people who were under community supervision when they committed the crime or violated the rules of their release,” said the Pew Charitable Trusts.

Advocates say probation and parole rules should be eased, violations should be handled through community programs instead of reimprisonment, and people should get credit for good behavior like maintaining a job.

“If we make the transition home from prison more successful, we make communities safer,” said Trulear.

References

[1] 5 New Policy Ideas for Fixing Life After Prison

[2] Making Ends Meet After Prison

[3] Discussion Guide | FIRSTHAND: Life After Prison

[4] A better path forward for criminal justice: Changing prisons to help people change

[5] Seven Ways to Help Your Loved One Adjust to Life After Prison

[6] How To Improve Employment Outcomes for Young Adults Leaving Incarceration