Black, Indigenous, and Latino people (particularly Black people and males) are overrepresented in our prisons and jails and are more likely to be policed and arrested, compared to a white person. “This is driven in part by discriminatory policies and discretionary processes throughout the U.S. criminal legal system – from disparities in policing practices and arrest, through pretrial bail decisions, to disposition, sentencing, and parole determinations.” This discrimination has been consistent and pervasive throughout the history of the U.S. criminal legal system (Enterprise Community Partners, personal communication, 2021). Thus all of the harms described below have a disproportionate impact on Black, Indigenous, and Latino people.
Housing directly impacts criminal justice outcomes and can offer pathways to a different type of justice by preventing crime, disrupting cycles of incarceration, and supporting a more rehabilitative approach to criminal justice overall (Enterprise Community Partners, personal communication, 2021).
Harms to the individual
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The vast number of incarcerated people suffer from under-education. Formerly incarcerated people are nearly twice as likely to not have a high school diploma as the general population. While many people in prison obtain a GED, people with traditional high school diplomas earn more than people with GEDs by 33%. And until 2023, people in prison were ineligible for Pell Grants, a form of federal student aid.
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Only 35 percent of state prisons offer college-level courses to people in prison, reaching only 6 percent of incarcerated individuals nationwide.
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Each year in prison takes an estimated 2 years off an incarcerated individual’s life expectancy. On a national scale, if not for incarceration, the U.S. life expectancy would be five years higher.
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Incarcerated individuals are disproportionately affected by chronic health conditions, mental illness, and substance use disorder.
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Researchers have even theorized “Post-Incarceration Syndrome,” which, like PTSD, covers unique symptoms of trauma faced by formerly incarcerated individuals as a result of life in prison, where they are isolated from their families and communities, deprived of autonomy and purpose, live in overcrowded, neglectful and unsanitary conditions, and face routine exposure to violence.
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The standard of incarcerating people with substance use disorder without providing recourse is dangerous—the demand for drugs in detention settings to cope with the stress of incarceration has worsened existing substance use disorders and has led to an increase in overdose deaths within prisons. From 2001 to 2018, overdose deaths in state prison have increased by 600%, with 2018 having the highest recorded rate of inmate overdose deaths since the government began collecting data twenty years ago.
Collateral consequences of a criminal record
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While some jurisdictions have passed laws preventing employers from discriminating based on criminal record, many have not and there is a need for more effective laws in this area.
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The relationship between criminal records and access to occupational licenses (e.g., barbers, cosmetologists, nursing assistants) is complex and varies across states.
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Incarceration depresses earning potential over one’s lifetime and is more pronounced for Black and Latino people.
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79 percent of formerly incarcerated people and their families surveyed reported being denied housing due to a criminal conviction, and formerly incarcerated people are 10 times to 13 times more likely to experience homelessness than people who have not been incarcerated.
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In 2021, two out of five people returning to New York City from prison went directly to a shelter. People inside the “prison-to-shelter pipeline” say cycling through the criminal legal and shelter systems is destabilizing and dehumanizing as they attempt to reenter society.
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The use of background screenings by over 90% of private landlords during the tenant screening process can lead to discriminatory denials of access to housing for people who are otherwise qualified tenants.
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For example, in Ohio, employees lose access to disability leave benefits if convicted of a felony.
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People may lose federal social welfare benefits, such as Social Security, and food benefit programs, if convicted of a felony drug charge. Individual states can waive this policy, and many, such as New York, Oklahoma, and Washington, have. However, many states have not, especially in the Southeast.
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Loss of the right to vote while incarcerated, and in some states permanently.
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A patchwork of state felony disfranchisement laws, varying in severity from state to state, prevent millions of people with felony or misdemeanors on their records from voting. In Mississippi, individuals convicted of certain felonies must obtain a gubernatorial or legislative pardon. Meanwhile, Floridians must complete their sentence, which includes payment of all fees and restitution. In these states and others, it is difficult for formerly incarcerated people to restore their right to vote.
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People with convictions are often barred from serving on juries. This disproportionately affects people of color, almost 80% of people with convictions in NYC are black or Latino.
Harms to family
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Forty-seven percent of the approximately 1.25 million people in state prison report having children under 18, and 19% of those children are four years of age or younger.
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Children of incarcerated parents are, on average, six times more likely to become incarcerated themselves.
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Children of incarcerated parents are also more likely to face psychological problems, such as depression.
Harms to community
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For example, it costs over $3,720 a month to house a person in an emergency shelter in NYC, about $5,900 a month for an entire family, and about $45,750 a month (about $550,000 a year) to detain a person at Riker’s Island, many of whom are detained for longer periods due to lack of housing.
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Research has repeatedly shown that supportive housing programs produce superior outcomes for individuals and cost less too.
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In many states, people from cities are incarcerated in prisons in rural areas. This incarcerated population is then counted as part of the rural area’s population, increasing the rural community’s access to government resources and political capital at the expense of urban communities.
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Some states, such as Pennsylvania and Nevada, have passed laws limiting prison gerrymandering, while others, such as Wisconsin and Georgia, still allow the practice.
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Federal prisons undercount and undertreat prisoners with significant mental health needs. This is a problem in part due to prisons being in mostly rural locations as many rural communities do not have a local psychologist or psychiatrist.
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If they do not already have serious mental health needs before incarceration, victims of mass incarceration are more likely to develop mental health disorders due to incarceration. This is especially true for incarcerated Black men.
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Law enforcement officers have become the first-line responders to mental health emergencies. Police also often respond with violence to individuals experiencing mental health crises.
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A three-year study of men leaving Illinois state prisons found that those who managed to find their own stable homes within two months of release were three times less likely to return to prison than their studied cohort who found housing within 16 months of release, and they continued to be less likely within three years of release.
Enterprise national scan:
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People who have been incarcerated and return to live in neighborhoods with high rates of poverty and transiency are more likely to recidivate. (Enterprise Community Partners, personal communication, 2021)
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When incarceration rates are already high in a community, more incarceration may increase crime.
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In Detroit, a 2003 study found that 41 % of prisoners from Wayne County, Michigan, returned to only eight zip codes in the city of Detroit. Most of those zip codes had experienced significant disinvestment and economic distress.
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In Chicago, concentrations of high incarceration rates were found in the city’s West Side and South Side neighborhoods – and these concentrations have held constant for more than two decades. In fact, there are blocks in Chicago’s West Side “where nearly 70 percent of men between ages 18 and 54 are likely to have been subject to the criminal justice system."
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In Los Angeles, nearly half (46 %) of the city residents arrested by the LAPD Metropolitan Division between 2012 and 2017 resided in just two city council districts. In 2019, a similar analysis revealed that L.A. County spent more than $2.5 million to incarcerate Black residents of five specific neighborhoods, including two neighborhoods where the County had spent at least $6.5 million per neighborhood.
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203Federal Student Aid. (n.d.). Eligibility for Students With Criminal Convictions. Retrieved July 13, 2023, from https://studentaid.gov/unders…criminal-convictions
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204bStephan, J. J. (2008). Census of State and Federal Correctional Facilities, 2005. Bureau of Justice Statistics, U.S. Department of Justice. https://perma.cc/M4GS-8PJM
205American Academy of Family Physicians. (2021). Incarceration and Health: A Family Medicine Perspective (Position Paper). AAFP. https://www.aafp.org/about/po…l/incarceration.html
206McCann, S. (2022, June 29). Health Care Behind Bars: Missed Appointments, No Standards, and High Costs. Vera Institute of Justice. https://www.vera.org/news/hea…dards-and-high-costs
207Katie Rose Quandt and Alexi Jones, Research Roundup: Incarceration can cause lasting damage to mental health, Prison Policy Initiative. (May 21, 2021), https://www.prisonpolicy.org/blog/2021/05/13/mentalhealthimpacts/.
208Quandt, K. R., & Jones, A. (2021, May 21). Research Roundup: Incarceration can cause lasting damage to mental health. Briefings. https://www.prisonpolicy.org/…mentalhealthimpacts/.
209Schwatzapfel, B., & Jenkins, J. (2021, July 15). Inside the Nation’s Overdose Crisis in Prisons and Jails. The Marshall Project. https://www.themarshallprojec…in-prisons-and-jails
210Flynn, J. (2022, December 14). 18 Out of Prison Employment Statistics [2023]: Economic Opportunity for Formerly Incarcerated. Zippia. https://www.zippia.com/advice…ployment-statistics/
211New York City Commission on Human Rights. (n.d.). Fair Chance Act. NYC Human Rights. https://www.nyc.gov/site/cchr…%20criminal%20record
212Wang, L., & Bertram, W. (2022, February 8). New data on formerly incarcerated people’s employment reveal labor market injustices. Briefings. https://www.prisonpolicy.org/…22/02/08/employment/
213Ewald, A. C. (2019). Barbers, Caregivers, and the “Disciplinary Subject”: Occupational Licensure for People with Criminal Justice Backgrounds in the United States. Fordham Urban Law Journal 46(4), 719-843. https://ir.lawnet.fordham.edu/ulj/vol46/iss4/1/
214Grawert, A., & Craigie, T. A. (2020, November 4). Mass Incarceration Has Been a Driving Force of Economic Inequality. Brennan Center for Justice. https://www.brennancenter.org…-economic-inequality
215Lake, J. (2021, April 14). Preventing and Removing Barriers to Housing Security for People with Criminal Convictions. Center for American Progress. https://www.americanprogress.…riminal-convictions/
216Geringer-Sameth, E. (2022, June 3). Little Being Done to Address New York’s Prison-to-Shelter Pipeline. Gotham Gazette. https://www.gothamgazette.com…son-shelter-pipeline
217Nelson, A. (2019, December 16). Fertile Ground for FCRA Claims: Employee & Tenant Background Checks. National Consumer Law Center Digital Library. https://library.nclc.org/fert…nt-background-checks (Reveals that 90% of landlords contract with third parties to perform background checks, not including those landlords that perform backgrounds checks themselves.)
218Legislative Services Commission. (2020, July 30). Ohio Administrative Code 123:1-33-11 Disability Leave. Ohio Laws & Administrative Rules. https://codes.ohio.gov/ohio-a…ode/rule-123:1-33-11
219U.S. House of Representatives. (2024, June 4). 21 USC §862a. Denial of assistance and benefits for certain drug-related convictions. Office of the Law Revision Counsel United States Code. https://uscode.house.gov/view…2a%20edition:prelim)
220North Carolina Justice Center. (n.d.). The Felony Snap Ban: A Second Chance for Food Security. Retrieved July 13, 2023, from https://www.ncjustice.org/felony-snap-ban/
221ACLU. (2010, September 1). ACLU History: Felon Disfranchisement: A Relic of Jim Crow. https://www.aclu.org/documents/aclu-history-felon-disfranchisement-relic-jim-crow
221aACLU. (n.d.). Felony Disenfranchisement Laws (Map). https://www.aclu.org/issues/v…anchisement-laws-map
222ACLU. (n.d.). Felony Disenfranchisement Laws (Map). https://www.aclu.org/issues/v…anchisement-laws-map
223ACLU. (n.d.). Felony Disenfranchisement Laws (Map). https://www.aclu.org/issues/v…anchisement-laws-map
224ACLU. (n.d.). Felony Disenfranchisement Laws (Map). https://www.aclu.org/issues/v…anchisement-laws-map
225Fair Chance for Housing. (2024, January 20). Statement: The Fair Chance for Housing Act Becomes Law Today; A Bold Step to Ending Housing Discrimination in NYC [Press release]. https://www.fairchancehousing.org/news
226Tanner, M. D. (2021, October 21). Poverty and Criminal Justice Reform. Cato Institute. https://www.cato.org/study/po…minal-justice-reform
227Foster, H., & Hagan, J. (2014). Incarceration and Intergenerational Social Exclusion. Social Problems, 54(4), 399–433. https://doi.org/10.1525/sp.2007.54.4.399
228Wang, L. (2022, August 11). Both sides of the bars: How mass incarceration punishes families. Briefings. https://www.prisonpolicy.org/…ental_incarceration/
229Cox, M. (2009). The Relationships Between Episodes of Parental Incarceration and Students' Psycho-Social and Educational Outcomes: An Analysis of Risk Factors. [Doctoral dissertation, Temple University]. ScholarShare, Temple University.
230Martin, E. (2017, March 1). Hidden Consequences: The Impact of Incarceration on Dependent Children National Institute of Justice Journal, 278, 1-60. https://nij.ojp.gov/topics/ar…n-dependent-children
231Citizens Budget Commission. (2020, January 28). Peeking Behind the Curtain, Understanding How Policies, Priorities, Prices, and Mandates Increase NYC Spending. CBC. https://cbcny.org/research/peeking-behind-curtain
232New York City Comptroller’s Office, Budget Bureau. (2021). NYC Department of Correction: FYs 2011-21 Operating Expenditures, Jail Population, Cost Per Incarcerated Person, Staffing Ratios, Performance Measures Outcomes, And Overtime. New York City Comptroller Scott M. Stringer. https://comptroller.nyc.gov/w…entation_FY_2021.pdf
233Fontaine, J. (2013). The Role of Supportive Housing in Successful Reentry Outcomes for Disabled Prisoners. Cityscape: A Journal of Policy Development and Research, 15(3), 53-75. https://www.huduser.gov/porta…pe/vol15num3/ch3.pdf
233aCunningham, M., Hanson, D., Gillespie, S., Pergamit, M., Oneto, A., Spauster, P., O’Brien, T., & Sweitzer, L. (2021). Breaking the Homelessness-Jail Cycle with Housing First: Results from the Denver Supportive Housing Social Impact Bond Initiative. Urban Institute. https://www.urban.org/sites/default/files/publication/104501/breaking-the-homelessness-jail-cycle-with-housing-first_1.pdf
233bCorporation for Supportive Housing (CSH). (2022). Advancing Supportive Housing Solutions to Reduce Homelessness for People Impacted by the Criminal Legal System: A Report for New York City Leaders. CSH. https://www.csh.org/wp-conten…nal-Legal-System.pdf (Note: The total cost of providing supportive housing, including operations, services and new construction, is nearly $10 billion less than the cost of incarceration for the same number of people over eight years).
234Wang, H. L., & Devarajan, K. (2019, December 31). 'Your Body Being Used': Where Prisoners Who Can't Vote Fill Voting Districts. NPR. https://www.npr.org/sections/…ill-voting-districts
235Haverty, N. (2021, October 15). By counting prisoners where they're incarcerated, Wisconsin shifts voter clout from cities to small towns. Milwaukee Journal Sentinel. https://www.jsonline.com/in-d…andering/5950103001/
236Smith, J. (2004, November 12). Prisoners of the Census. Prison Policy Initiative. https://www.prisonpolicy.org/…ronicle11122004.html
236aWang, H. L. (2021, September 26). Most Prisoners Can’t Vote, But They’re Still Counted in Voting Districts. NPR. https://www.npr.org/2021/09/2…essional-legislative
237Thompson, C. (2018, November 21). Treatment Denied: The Mental Health Crisis in Federal Prisons. The Marshall Project. https://www.themarshallproject.org/2018/11/21/treatment-denied-the-mental-health-crisis-in-federal-prisons
237aThompson, C. (2018, November 21). Treatment Denied: The Mental Health Crisis in Federal Prisons. The Marshall Project. https://www.themarshallproject.org/2018/11/21/treatment-denied-the-mental-health-crisis-in-federal-prisons
238Quandt, K. R., & Jones, A. (2021, May 21). Research Roundup: Incarceration can cause lasting damage to mental health. Briefings. https://www.prisonpolicy.org/blog/2021/05/13/mentalhealthimpacts/
239Quandt, K. R., & Jones, A. (2021, May 21). Research Roundup: Incarceration can cause lasting damage to mental health. Briefings. https://www.prisonpolicy.org/blog/2021/05/13/mentalhealthimpacts/
240Addison, H. A., Richmond, T. S., Lewis, L. M., & Jacoby, S. (2022). Mental health outcomes in formerly incarcerated Black Men: A Systematic Mixed Studies Review. Journal of Advanced Nursing, 78(7), 1851-1869. DOI: 10.1111/jan.15235
241Fuller, D. A., Lamb, H. R., Biasotti, M., & Snook, J. (2015). Overlooked in the Undercounted: The Role of Mental Illness in Fatal Law Enforcement Encounters. Treatment Advocacy Center, Office of Research & Public Affairs. https://www.treatmentadvocacycenter.org/reports_publications/overlooked-in-the-undercounted-the-role-of-mental-illness-in-fatal-law-enforcement-encounters/
242Fuller, D. A., Lamb, H. R., Biasotti, M., & Snook, J. (2015). Overlooked in the Undercounted: The Role of Mental Illness in Fatal Law Enforcement Encounters. Treatment Advocacy Center, Office of Research & Public Affairs. https://www.treatmentadvocacycenter.org/reports_publications/overlooked-in-the-undercounted-the-role-of-mental-illness-in-fatal-law-enforcement-encounters/
243Tanner, M. D. (2021, October 21). Poverty and Criminal Justice Reform. Cato Institute. https://www.cato.org/study/poverty-criminal-justice-reform
244Nellis, A. (2021). The Color of Justice: Racial and Ethnic Disparity in State Prisons. The Sentencing Project. https://www.sentencingproject.org/reports/the-color-of-justice-racial-and-ethnic-disparity-in-state-prisons-the-sentencing-project/
245Nellis, A. (2021). The Color of Justice: Racial and Ethnic Disparity in State Prisons. The Sentencing Project. https://www.sentencingproject.org/reports/the-color-of-justice-racial-and-ethnic-disparity-in-state-prisons-the-sentencing-project/
246Yahner, J., & Visher C. (2008). Illinois Prisoners' Reentry Success Three Years After Release. Urban Institute. www.urban.org/sites/default/f…rs-after-Release.PDF
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250Los Angeles City Controller Kenneth Mejia. (2023). 41.18 Arrests Map (Jan 2012 - May 2023). https://controller.lacity.gov/landings/4118
251Dupuy, D., Lee, E., Tso, M., & Lytle Hernández, K. (2020). Black People in the Los Angeles County Jail: Bookings by the Los Angeles Sheriff’s Department (2019). The Million Dollar Hoods Project. https://bunchecenterdev2.pre.ss.ucla.edu/wp-content/uploads/sites/112/2021/01/BlackPeopleinLACtyJail_2019_FINAL.pdf