Debt as a Barrier to Reentry: Jonathan O’Neill’s Story

Prison, Barbed Wire

Jonathan O’Neill, a humble and soft-spoken man, is 46 years old and the father of fourteen children. He has been incarcerated since 2012 and currently resides at a transitional center where he works and takes various classes to prepare for his release that is set for Spring 2016. He is currently responsible for paying child support for seven of his children, which mostly consists of reimbursing the state for public assistance that was given to the children’s mothers. His other seven children are either grown or fully supported by their mothers.

When the time comes for Jonathan to be released, he will have as much as $45,000 in back child support, a suspended driver’s license, and the stigma of a criminal record. His story demonstrates how child support debt and its associated consequences can create significant barriers for people reentering society from prison.

The Debt Begins

Jonathan was just 19 years old when had his first run-in with the law. A joyride with a friend in a stolen car not only cost him his freedom, but also led his then girlfriend to seek Temporary Assistance for Needy Families (TANF) to take care of their child. Like many incarcerated persons, Jonathan found out the hard way that he owed child support to the state as reimbursement for public assistance, and that his time behind bars did not delay responsibility to pay the state back. The 18-month prison sentence he received resulted in thousands of dollars in arrears accruing by the time he was released.

This debt made him angry and he refused to pay the state back for the public assistance given to his girlfriend.

Jonathan had his next two children with another woman. Though they lived together, this girlfriend also began receiving TANF apart from him knowing it. His child support arrears grew to $8,000 during this time because he was not paying the state for the public assistance it was providing for his children. Additionally, none of the money he spent to take care of his children while they lived together counted toward his growing child support debt because it was considered unofficial support since payments were not being made to the state as a reimbursement for public assistance. This led to a fall-out with his girlfriend and made him grow even more angry and rebellious toward the child support system over the next few years.

Jonathan explains, “I was mad at the mothers for doing this, so I neglected paying. I would take care of the children in my home, but I didn’t want to pay the state back. I had a rebellious spirit and felt like I was the father and I’m doing it how I want to.”

By the age of 27, Jonathan had five children from two mothers and over $14,000 in child support arrears. Having difficulty finding a job with his felony conviction, he began selling drugs to earn money. He was eventually caught with cocaine in 1999 and sentenced to 10 years on probation. Nine years later in 2008, he violated his conditions of probation by testing positive for marijuana, and he was sent to a Probation Detention Center (PDC) for 90 days.

A Turning Point

During his time in the PDC, Jonathan reflected upon the words a judge spoke to him in 2005: “You have so much in arrears, you will die owing the state money.” These words haunted him, and he wanted to make sure this did not prove true.

Upon release from the PDC in 2008, Jonathan became involved with a church that was located directly across the street from the PDC. It was through his involvement there that he experienced a spiritual transformation and became determined to earn an honest living. However, despite his earnest desire to find legitimate work, he struggled to find a job for eight months.

“I waited eight months and still I had no job. I got letters from the state threatening to lock me up for a whole year for non-payment of child support. I was tempted to sell drugs again. However, I chose to depend on God and He came through. I started painting at the church for no money. One day, God brought a man from the church who gave me a job at Food Lion because he was leaving.”

Jonathan gained skills as a meat cutter and worked consistently from 2009-2012 at stores such as Food Lion, Food Depot, and Piggly Wiggly, even earning employee of the quarter at his first store. During this period, he paid the full amount of his child support order each month plus a percentage of his arrears, amounting to $566 per month. He was determined to pay off his debt and make sure that he would not die owing money to the state

“I would have paid all of this debt at one time if I could,” says Jonathan, but at this point he was nowhere close to being able to do this. Instead, he paid what he could little-by-little. As a result, his hard work and determination enabled him to reduce his arrears by thousands of dollars.

Jonathan was heading down the right track.

Another Setback

In the summer of 2012, Jonathan and his fiancé were scraping by to pay the bills. Desperate for a way to earn extra cash, he discovered that he was able to win quick cash through gambling.

“I got addicted to playing gambling machines for cash money. I started losing money and got behind on rent. I didn’t want to face my children after not being able to pay, and I thought I could gamble to get the money.”

The day came when Jonathan gambled away money that he needed to pay his family’s rent. Upon losing, he panicked and snatched the money from a manager at the gambling center. For his rash actions, he was charged with robbery by snatching and was sentenced to prison for the second time.

“I’ve been in prison for two years and three months now. The state just sent me two letters for two different cases and I owe a total of $45,308 in arrears ($18,209 non-TANF arrears and $27,099 TANF arrears). It’s discouraging. I’m in prison – what do they expect me to do?”

Georgia is one of three states that does not allow inmates to earn money while working in prison, leaving him no way to pay his debt while incarcerated. However, now that he is at a transitional center, Jonathan has the ability to work, earn money, and have some earnings withheld to pay child support.

He is currently working at Arko Veal Meat Co. earning $8.50 per hour and working 26 hours per week. This work enables him to have $389 withheld from his paycheck every month to go toward paying child support.

Barriers to Reentry

While Jonathan’s time in the transitional center is helping to prepare him for reentry, he will face new challenges upon release. His home is far from the transitional center where he currently resides, which means that he will lose his present job and have to look for another one. He tried to transfer to a transitional center closer to home in order to find a job that he could keep upon release, but he was denied that opportunity. Still, he is hopeful that he will be able to get his old job back at Food Depot when the time comes to be released.

If this opportunity does not work out, his plan is to try to get a job at a different grocery store called Harvey’s. The manager at this store has hired individuals with convictions before, which gives him hope that he can work there, too. He would earn around $10 an hour as a meat cutter.

Even once Jonathan is able to secure a job, he still faces the challenge of commuting to work daily due to his suspended driver’s license. His license will only be reinstated by paying a sum that is twice the amount of his current child support order of $566, in addition to paying the normal monthly order.

“When the child support agent firmly stated that the amount I pay to get my license reinstated does not include what is coming out of my check, I hung my head. I thought, ‘Man, I can’t do this.’”

This sum of $1,698 is simply too much for him to pay while trying to pay rent, bills, and other living expenses.

Jonathan tried to arrange an agreement to make a partial payment in order to get his license back at an earlier point in time: “I told the agent, ‘Ma’am, I really need a license. Can I make a partial payment?’ She said no and told me that the judge ordered me to pay the full amount. She then said that we could get it modified, but that it would cost $300 just to go before the judge. I told her I can’t come up with it.”

He estimates that it will take him a year of full-time work at the grocery store before he will be able to pay to have his driver’s license reinstated. For now, he plans to get to work by having his fiancé, who works a full-time job as a night-shift nurse assistant, or his adult son drive him there.

Jonathan has a sincere desire to do whatever it takes to support his kids, which he demonstrated during the three years leading up to his incarceration. He simply lacks the money needed to have his license reinstated because it must go toward meeting his family’s basic living expenses.

“Having a driver’s license would not only be my way to work, but it would also help out with my duties as a husband and father around our home. My son and daughter are starting Kindergarten and Pre-K and my fiancé works from 11 pm to 8 am, so I will have to take them to school before I go to work.

For now, he is determined to make the best use of his time in the transitional center as he prepares for his reentry. He expresses an air of freedom and hope that did not exist earlier in his life, despite being encumbered by debt. He knows what it looks like to fully embrace his roles as a responsible father and citizen, and he plans to continue down this path once he is released.

 

 

Gov. Deal “Banned the Box” in Georgia

Happy Employee

It’s official. Governor Nathan Deal signed an executive order on February 23rd to “ban the box” on applications for state employment in Georgia. This order will remove the question about felony convictions from the initial job application and postpone it to a later point in the hiring process. This policy is intended to provide those with a criminal record a fair shot at showing employers why they are the best candidate for a job without being automatically screened from the hiring process simply because they have a felony conviction.

The Governor laid out specific hiring practices that government entities of the State of Georgia shall follow:

  1. Prohibit the use of a criminal record as an automatic bar to employment.
  2. Prevent the use of an application form that inappropriately excludes and discriminates against qualified job applicants.
  3. Promote the accurate use and interpretation of a criminal record.
  4. Provide qualified applicants with the opportunity to discuss any inaccuracies, contest the content and relevance of a criminal record, and provide information that demonstrates rehabilitation.
  5. Require initial disclosure on applications for sensitive governmental positions in which a criminal history would be an immediate disqualification.

Georgia is joining thirteen other states who have implemented a fair hiring policy and is the first state in the South to do so. This policy will help to remove a barrier to employment for those with a criminal record by opening up more job opportunities for which motivated returning citizens may be qualified. The state is setting the example for how county, city, and private employers could aid people leaving prison in the reintegration process by giving them a fair shot at jobs for which they are good candidates.

Georgia Center for Opportunity (GCO) applauds the important step taken by the Governor to “ban the box” as well as the efforts of all those who have been involved in working to increase employment opportunities for returning citizens in Georgia. In December 2013, GCO published a report recommending that the state “ban the box” and set the example for private employers by hiring and maintaining qualified returning citizens as employees. This recent executive order is the first step in seeing this fulfilled.

In addition, GCO is pleased to see several other recommendations from our December 2013 report currently being considered by the General Assembly or state agencies. These recommendations include offering a State Work Opportunity Tax Credit to incentivize employers to hire returning citizens, lifting professional license restrictions for those with felony convictions, and ensuring identification is secured prior to a person’s release from prison.

As Georgia continues to take positive steps forward in removing barriers to opportunity among those involved with the criminal justice system, the public should begin to see more examples of returning citizens who are not only making it in society, but flourishing.

Criminal Justice Reform Council Releases New Report – Focus on Reentry

Scales of Justice

The Georgia Council on Criminal Justice Reform (CJRC) released their latest report this past Friday (Feb. 6th) with recommendations aimed to increase public safety, hold offenders accountable, and reduce recidivism in our state. This is the fourth consecutive report that the CJRC has produced since 2011 after being tasked by the Governor and the General Assembly to develop a smarter, evidence-based approach to criminal justice in our state.

As reflected in the report, a major focus of the CJRC and the Governor’s Office of Transition, Support and Reentry (GOTSR) in 2014 was to develop a comprehensive approach to reentry so that every person leaving prison has the tools and support they need to succeed in the community.

To aid in the development of this approach, the Council and GOTSR partnered with the Michigan-based Center for Justice Innovation and reentry expert Dennis Schrantz to produce the Georgia Prisoner Reentry Initiative (GA-PRI). The GA-PRI is a five-year plan based largely on the evidence-based policies practices laid out in the 2005 Council of State Governments’ Report of the Re-Entry Policy Council and the 2008 National Institute of Corrections’ Transition from Prison to the Community (TPC) Reentry Handbook, but tailored specifically to meet Georgia’s reentry needs.

Georgia’s reentry team pursued federal funding to implement the GA-PRI in 2014, highlighting its “one strategy, one plan” philosophy that aims to unify planning and implementation of evidence-based practices among agencies and stakeholders. The Bureau of Justice Assistance (BJA) welcomed the smart plan and awarded Georgia four grants which totaled $6 million. Georgia’s strategy is now being featured by the BJA at training events across the county.

Details and recommendations related to the GA-PRI can be viewed in this report, as well as the complete three-year implementation plan which is located in the addendum.

Other key pieces of the report include recommendations in the following areas:

Adult System

  • Restore the intent of the Georgia’s First Offender Act
  • Improve pre-trial diversion alternatives for certain offenders
  • Extend parole eligibility for certain qualified nonviolent, recidivist drug offenders
  • Extend sentences for offenders whose probation has been revoked and who wish to participate in a felony accountability court program

Juvenile Justice System

  • Improve the collecting and sharing of electronic data throughout the juvenile justice system

Misdemeanor Probation System

  • Address deficiencies and improve transparency and fairness in misdemeanor probation services

At GCO, we are particularly happy to see the following recommendations in the CJRC’s report which aim to increase employment opportunities for returning citizens:

  • Establish licensing policies that ensure returning citizens have appropriate opportunities for licensing
  • Explore opportunities for a state work opportunity tax credit to incentivize offering employment to returning citizens
  • Revamp prison work details to provide experience that meets the requirements of Prior Learning Assessments (PLAs) so technical college credits can be awarded for work experience gained on prison details
  • Explore resources available to purchase and deploy a Department of Driver Services (DDS) mobile unit to process state IDs at state correctional facilities

 

Read the full report here and visit the newly created website for the Governor’s Office of Transition, Support and Reentry.

 

 

State Leaders Push for Employers to Hire Ex-Offenders

Georgia Center for Opportunity (GCO) is pleased to see Governor Nathan Deal and U.S. Attorney Sally Yates (Northern District of Georgia) exercise their influence to encourage business leaders across the state to hire ex-offenders. They are urging employers to give ex-offenders a fair shot in the hiring process and outlining the benefits available to those who choose to hire them.

Governor Deal speaking at a Reentry Summit with U.S. Attorney Sally Yates on Feb. 5, 2014. Image credit: Georgia.Gov, Office of the Governor.

Governor Deal speaking at a Reentry Summit with U.S. Attorney Sally Yates on Feb. 5, 2014.
Image credit: Georgia.Gov, Office of the Governor.

These actions are consonant with recommendations made by GCO’s  Prisoner Reentry Working Group this past December based on input from criminal justice practitioners in Georgia and a review of best practices across the country (See Increasing Employment Opportunities for Ex-Offenders).

One important recommendation made by the working group included increasing the chance that a person with a criminal record will get hired by postponing the question about an applicant’s criminal history to a point after the interview stage of the hiring process. Such an action would give the applicant an opportunity to demonstrate his or her qualifications for a job and provide an explanation for any criminal history to the employer during the interview. It also prevents an employer from automatically screening a candidate who may be the best fit for the position.

Another key recommendation made by the working group is that the state should set the example for other employers by hiring ex-offenders. This action would demonstrate that the state is serious about helping ex-offenders become employed and successfully transition back into society. We believe that the degree of success the state has in finding and maintaining qualified ex-offenders as employees will directly impact the willingness of private employers to adopt similar policies.

Read the following articles posted on February 6, 2014 in the Savannah Morning News to learn more about steps that the key state leaders are making to encourage businesses to hire ex-offenders: http://savannahnow.com/news/2014-02-06/ga-officials-urge-businesses-hire-ex-prisoners#.UvTmvLT-L1V.

New Report: Increasing Employment Opportunities for Ex-Offenders

This week, Georgia Center for Opportunity (GCO) published its first report on ways to improve reentry for ex-offenders in the state. The report focuses on increasing employment opportunities for ex-offenders and offers six recommendations for the State of Georgia to consider implementing. The report is a product of GCO’s Prisoner Reentry Working Group that has been working to develop solutions for curbing recidivism and improving offenders’ transition to communities throughout Georgia.

The first report focuses on employment because of the critical role it plays in an offenders’ success outside of prison.

Read the full report: Increasing Employment Opportunities for Ex-Offenders

Carpenter-21

 
Image credit: U.S. Department of Labor, Bureau of Labor Statistics