The Wall Street Journal Article by Gary Fields May
24, 2005Arrested Development
After Prison Boom, A Focus on Hurdles Faced by Ex-Cons
Housing, Work -- Even an ID-- Can Be Hard to Attain; A Bill Would Smooth Path
Ms. Owens's Firefighting Hopes In the kitchen of an
Applebee's restaurant in Queens, N.Y., Jacqueline Smith has been a model
hire. In less than two years working as a cook, she got a promotion to
supervisor, doubled her salary and won the award for employee of the
year.
Her success hasn't come easily. The dark-haired
38-year-old is an ex-convict who served more than nine years for
transporting more than half a pound of crack cocaine from New York to
Washington. Since being released in July 2003, she has struggled with
basic necessities such as finding affordable housing and getting a valid
state ID card.
A single parent with a steady but low-paying job, Ms.
Smith would normally be considered a prime candidate for public-housing
assistance, but she knows the odds are against her. Local housing rules
bar ex-felons from living in public housing for six years after
completing their sentence. So every night around midnight, Ms. Smith
takes a few buses and switches subway lines for an hour-long trek to a
Manhattan shelter for female ex-convicts where she and her daughter have
been living for more than a year.
"It's one battle after the next -- trying to obtain
housing, trying to obtain employment," Ms. Smith says. "I want a second
chance. I want people to see I made mistakes, but I am making it right."
Ms. Smith is one of more than 630,000 people released
each year from corrections institutions in the U.S. Not surprisingly,
people who have been locked up for many years, often poorly educated and
lacking in financial support, face a range of obstacles to re-entering
society. Yet some of the biggest are put there by federal, state and
local governments, including hurdles to getting student loans, public
housing and other forms of government assistance.
For years, the thinking among law-enforcement officials
and politicians was that this was the price people should pay for
breaking the law. Now there is an emerging belief that the larger price
is being borne by society, since the practical barriers facing
ex-prisoners make it more likely that they will slip back into a life of
crime.
Two-thirds of ex-felons return to police custody within
three years of their release for new crimes or for probation or parole
violations, according to Justice Department studies. U.S. taxpayers
spent $60 billion on corrections in 2002 at the local, state and federal
levels, up from $9 billion two decades earlier. Over that same time
frame, corrections has been the second fastest growing government
spending category after health care.
Aside from public-housing restrictions, many former
felons find they need special waivers to get licensed in vocations they
learned while serving time. Some find their attempts to get an education
are stymied by laws barring loans to those convicted of a crime. Still
others can stumble into technical violations that send them back to
prison, such as reporting late for a meeting with a probation officer.
For those who have completed lengthy sentences, the most frustrating
barrier is also the most basic -- getting a legitimate ID card, such as
a driver's license.
"One barrier may not be that big a deal," says Debbie
Mukamal, director of the prisoner re-entry institute at the John Jay
College of Criminal Justice in New York. Usually, though, offenders face
several barriers, she says, adding: "You can't get housing, you have
child support" payments to make, "you can't get ID and no one will hire
you. Cumulatively, that sends a signal: You're not wanted." Ms. Mukamal
is the co-author of a sweeping report last year funded by the Justice
Department and conducted by the Legal Action Center, a New York
nonprofit, examining "roadblocks to entry" facing ex-offenders.
After years of pushing for tougher sentences,
politicians in Washington are rethinking their approach. The Second
Chance Act, hammered out by a bipartisan group of lawmakers and
introduced last month, would provide more than $80 million in grants for
programs to help ex-offenders re-enter society.
Kellie Mann Owens might have benefited from a key part
of the legislation: a provision ensuring that ex-offenders can be
licensed in occupations they trained for in prison.
Ms. Owens was determined to learn a skill so she could
land a job when she left the Alderson, W.Va., women's prison made famous
recently for housing Martha Stewart. In 1993, Ms. Owens, who had just
finished her sophomore year at Santa Rosa Junior College in Northern
California, obtained LSD for her ex-boyfriend and mailed it to him in
Georgia. He was caught and cooperated with authorities against those he
had enlisted to secure drugs, including Ms. Owens. He was sentenced to
two years while she received 10.
Ms. Owens, now 34 years old, joined the prison's
all-women fire-fighting team, a group that provides fire protection for
the prison and backup for other local fire squads. She figured it would
position her well for a decent job. For more than five years, she
slogged through classes and training, entering smoke-filled rooms with
her oxygen mask blackened to simulate rescue situations and navigating
the Appalachian mountain roads near the prison in a yellow fire truck.
"Any of the physical requirements that you had to do"
for state licensing, "we were required to do in our classes," says Ms.
Owens.
She eventually rose to the fire team's top rank of
lieutenant, garnering 300 hours of training and 100 hours at the scenes
of actual fires in the towns outside the prison.
In January 2001, President Clinton granted her clemency
on his last day in office after receiving her name from Families Against
Mandatory Minimums, a group that advocates changes in sentencing laws.
After eight years in prison, she left Alderson for her
parents' home in Alpharetta, Ga., confident a fire department in one of
Atlanta's booming suburbs would hire her. She filled out each job
application truthfully, noting she was a felon. But state law bars
hiring former felons.
Ms. Owens says she offered to "clean hoses, flush the
truck," anything to get her foot in the door -- to no avail.
Eventually, she got a job with an organization that
trains service dogs for people with debilitating diseases and injuries.
Last year, she moved to Hawaii and started a catering business with her
husband, who she had met back in high school. The business didn't take
off so they are planning to try again in Mississippi.
Many ex-convicts leave prison wanting to start anew,
and the first step is often trying to get an education. But while 63% of
all undergraduates receive some form of financial aid, money isn't easy
to come by for ex-felons.
Emily Wheeler, of Kenosha, Wis., says she was arrested
Aug. 5, 2003, for growing and selling marijuana with her boyfriend.
Nineteen years old and in the early stages of
pregnancy, she received a sentence of three months in jail and three
years on probation -- reasonable, given that "I did screw up," she now
says.
After she was released in January 2004, she applied to
take classes in word-processing and other office skills at Gateway
Technical College in Kenosha. "I was filling out the application [for
financial aid] and I got to question 35. It asked me if I'd been
convicted of a drug felony," she says. "I was totally halted right
there."
Federal law states that first-time offenders convicted
on federal or state drug-possession or drug-trafficking charges are
ineligible to receive financial assistance for as long as two years
after their convictions. Completing drug rehabilitation can cut that
time, but such programs can be expensive.
"I understand their concern. A college campus is a
perfect place to sell drugs, but I also know I can't move forward in my
life without an education and a good job," says Ms. Wheeler. She now
earns $7 an hour at a Culver's Frozen Custard, a fast-food restaurant,
trying to make ends meet to help support Olivia Rose, her 1-year-old.
For Ms. Smith, the Applebee's cook, finding housing for
herself and her teenage daughter has been the toughest challenge. Upon
being released in July 2003 from the women's prison in Danbury, Conn.,
Ms. Smith headed for a halfway house.
Like many prisoners released before their sentence is
completed, Ms. Smith was required to find a job in 15 days or face the
possibility of being returned to prison to finish her last six months.
But to get a job, Ms. Smith needed valid identification from the
Department of Motor Vehicles. In New York, residents need a combination
of documentation such as bills and voter registration cards that each
add up to enough cumulative "points" to qualify for a driver's license
or nondriver ID.
Ms. Smith had a federal prisoner ID, a birth
certificate and a Social Security card. Those were not enough.
Motor-vehicle personnel asked if she had a passport, a bill with her
name on it, any additional identifiers. "I kept telling them that I'd
been in prison the last 10 years and didn't have any other
identification." Eventually she found a sympathetic supervisor who
issued her the card.
She found a job quickly at a clothing store but
switched after a few months to work for Applebee's, where she could use
the culinary certificate she'd earned in training on the inside.
She struggled to find a cheap yet safe place for her
and her daughter. The two are now living in the Sarah Powell Huntington
House, a Women's Prison Association facility, funded through the city
department of homeless services.
Ms. Smith has been trying to apply for subsidized
housing. The federal government has a small number of restrictions
against ex-felons living in public housing, such as sex offenders and
those who have manufactured methamphetamine in a housing complex.
However, local housing authorities are able to impose their own
restrictions on ex-felons living in public housing, and those can be
expansive.
Howard Marder, spokesman for the New York City Housing
Authority, says there are virtually no vacancies in the city in public
housing and with about 136,000 applications pending it is unlikely that
someone with a felony record will get in. Besides, ex-felons are
ineligible for public housing for six years after the completion of
their sentence, including probation. Ms. Smith, who will be on probation
another three years, won't even be eligible until 2014.
Ms. Smith recently met with a New York City Housing
Authority case agent to discuss her application. She took certificates
showing her training and her work experience, but the conversation
turned toward her felony record. "I asked if that meant I wasn't going
to get it. They wouldn't say no outright," she said, but she was left
with the impression that her application would be rejected. "I still
hope everything works out," she says, "but I don't know."
Until something else comes along, Ms. Smith says she'll
keep pushing for promotions at work, while staying in the shelter.
Returning to a life of crime and risking a return to prison is not an
option, she says: "I don't have another 10 years to give to nobody." |