The CCRC is pleased to announce the launch of its Compilation of Federal Collateral Consequences (CFCC), a searchable online database of the restrictions and disqualifications imposed by federal statutes and regulations because of an individual’s criminal record. Included in the CFCC are laws authorizing or requiring criminal background checks as a condition of accessing specific federal benefits or opportunities.
This newly developed tool allows individuals to identify federal collateral consequences based on the people, activities or rights affected; to access complete and current statutory and regulatory text detailing the operation of each consequence; and, to explore the relationship between consequences and their implementing regulations, and among different consequences. This is a product that has been many months in the making, and we hope it will serve as an important resource for practitioners, researchers, and policymakers, as well as individuals with criminal records.
Earlier this week the U.S. Departments of Justice and Labor made two major awards to the Council of State Governments (CSG) to support the development of resources on collateral consequences and second chance programs. The awards aim to build capacity within the advocacy community to assist those seeking restoration of rights and status nationwide.
The first award is a $4.6 million contract awarded by the Labor Department for the development of the National Clean Slate Clearinghouse, a federal initiative first announced by President Obama last November. The Clearinghouse is intended to “build capacity for legal services needed to help with record-cleaning, expungement, and related civil legal services.”
The second award is a $5 million grant from the Bureau of Justice Assistance to support the ongoing work of the National Reentry Resource Center (NRRC), a project developed by CSG in 2011 with federal funding earmarked in the Second Chance Act of 2007. One exciting aspect of that award is that it will bring the National Inventory of the Collateral Consequences of Conviction (NICCC) into the NRRC fold.
The National Inventory of Collateral Consequences (NICCC), a comprehensive interactive catalog of collateral consequences and relief mechanisms, will soon become a part of the federally funded National Reentry Resource Center (NRRC). The NICCC, described by the Justice Department as an integral part of its Smart on Crime initiative, was developed by the American Bar Association between 2011 and 2014 under a grant from the National Institute of Justice (NIJ). The NRRC, also closely tied to the Administration’s reentry strategy, was established in 2011 by the Council of State Governments and has been supported by grants from a number of federal agencies, including NIJ, and by private foundations. Now the government has decided to consolidate the two projects under the Bureau of Justice Assistance (BJA).
According to a grant solicitation issued by the BJA earlier this month, bidders for a $5 million grant to administer the NRRC grant must “propose a plan to transfer” the NICCC and keep it up to date at an approximate annual cost of $100,000. The solicitation does not make clear what if any conditions apply to the transfer of the NICCC, or what if any continuing role the ABA would have for its maintenance, and we must assume the government has determined that it should be permanently transferred to whatever organization wins the bid for the NRRC. Bids are due by June 2. Read more
States are falling short when it comes to making occupational licensing opportunities available to people with criminal records. This is according to a report released this week by the National Employment Law Project (NELP). Unlicensed & Untapped: Removing Barriers to State Occupational Licenses for People with Criminal Records examines the licensing laws of 40 states, and grades each state based on a number of criteria designed to assess how effective the law is at creating licensing opportunities for people with criminal records. The report is a powerful advocacy piece demonstrating the need for nation-wide reform of licensing laws, though it bears noting that its limited scope may distort the bigger picture in some states.
Recent studies and policy discussions focusing on the difficulty people with criminal records have finding employment tend to ignore the fact that nearly 30% of American jobs require state licensure or certification — which is frequently denied based on a conviction. The National Inventory of Collateral Consequences (NICCC) shows that there are over 25,000 formal occupational and business licensing restrictions imposed nationwide at the state or federal level. Many of these restrictions apply regardless of a crime’s relationship to a particular license or the time since conviction. Across the nation, over 10,000 of these restrictions are mandatory and apply automatically, forcing licensing bodies to reject applicants with certain records regardless of their qualifications or evidence of their rehabilitation.
Municipal and county ordinances also regulate employment and business opportunities, including such important entry-level employment as taxi driver and street vendor, though ordinances are not catalogued in the NICCC and so were not included in the NELP report. Read more
Should a compilation of collateral consequences mandated by federal law and prepared with federal funds be freely available to states and members of the public? The Uniform Law Commission says yes, the American Bar Association says no.
In an article posted on May 18, the Wall Street Journal pulled back the curtain on an on-going dispute between the ULC and the ABA over copyright restrictions the ABA has imposed on data in the National Inventory of Collateral Consequences (NICCC). The ULC is concerned that restrictions on access and use of the NICCC data are likely to stymie adoption of the Uniform Collateral Consequences of Conviction Act (UCCCA), which requires that states create their own inventories. The ABA contends that the existence of other potentially conflicting databases would create undesirable confusion about the meaning of the law. An excerpt from the WSJ piece (a companion to another article on collateral consequences published the same day), follows: Read more
Amy Meek just sent us her colorfully titled and important new article recently published in the Ohio State Law Journal, about the collateral consequences imposed by municipal and county ordinances. As far as I know, this is the first serious effort to address consideration of conviction in connection with opportunities and benefits controlled at the local level. As the abstract below suggests, many types of entrepreneurial opportunities likely to be attractive to people with a criminal record are subject to governmental regulation below the state level. Because these local ordinances and regulations are rarely included in collections of state collateral consequences, they are invisible to defendants and unavailable to their counsel and the court at the time of plea or sentencing. Only in a few large municipalities, notably New York City, are criminal justice practitioners even aware of this locally created and administered system of restrictions and exclusions. For example, with the exception of the District of Columbia, municipal and county rules and regulations are not included in the NIJ-funded National Inventory of the Collateral Consequences of Conviction (NICCC). The potential for interaction between state and local authorities is a particularly intriguing subject that Professor Meek explores in her recommendations for legislative reform.
Here is the abstract: