The Honorable David J. Hickton Debunks Myths Surrounding Barriers to Reentry
Date:  11-01-2012

New program also praised for ability to help reentrants
While barriers faced by reentrants certainly exist, The Honorable David J. Hickton, U.S. Attorney for the Western District of Pennsylvania, sought to put to rest some of the most common myths regarding returning citizens. Speaking at the Southwestern Pennsylvania Reentry Conference, held at the University of Pittsburgh School of Law on September 28, Hickton stressed the importance of successful reentry.

In his speech, Hickton highlighted several myths, and provided the facts to refute them:

  • “… many employers mistakenly believe that an arrest or conviction automatically bars individuals from employment. If an employer is aware of a conviction or incarceration, that information should only bar someone from employment when the conviction is closely related to the job. The employer should consider the nature of the job; the nature and seriousness of the offense; and the length of time since it occurred.”

  • “Another misconception is that a veteran with criminal convictions or a history of incarceration is not eligible for VA health care. An eligible veteran, who is not currently incarcerated, can access VA health care regardless of any criminal history, including incarceration. Only when an otherwise eligible veteran is currently incarcerated, or in fugitive felon status, is he or she ineligible for VA health care. Veterans, in particular, need access to every available service as they rebuild their lives and contend with the mental health challenges that can flow from their service.”

  • “Many people believe eligibility for Social Security benefits cannot be reinstated when an individual is released from incarceration. While Social Security benefits are not payable if an individual is convicted of a criminal offense and confined, monthly benefits can be reinstated after a period of incarceration.”

  • “Two more common misconceptions are that a person with a criminal record is not eligible to receive any student financial aid and that incarceration changes an individual's obligation to pay taxes and tax debts and prohibits the receipt of tax credits and deductions upon release.

    Individuals currently incarcerated in a federal, state or local correctional facility have some limited eligibility for federal student aid, such as being ineligible to receive a Federal Pell Grant or federal student loans.

    Depending on the nature of the offense, restrictions on federal student aid eligibility are generally removed for formerly incarcerated individuals, including those on probation, parole or residing in a halfway house. An incarcerated individual may even apply for financial aid in anticipation of being released so that the aid is processed in time for the start of school.”

  • “Collection of tax debts does not stop automatically upon incarceration, and individuals who are unable to pay their tax debts should contact the IRS. Collection may be delayed until the individual's financial condition improves, but the delay will increase the tax debt as penalties and interest are still charged until full payment is made.

    After release from incarceration, a felony conviction does not bar an individual from receiving tax credits or deductions on their tax returns.”

    At the conference Hickton also spoke about a federal reentry initiative, Reentry Into Society Effort (RISE), also reported by the Post-Gazette. click here to go to website

    According to Hickton, “RISE is a collaborative effort involving the Probation Office, the Federal Public Defender, the judiciary and the U. S. Attorney's Office to assist individuals under federal court supervision who are at a higher risk of recidivism become responsible citizens. This voluntary, 52-week program links participants to educational and literacy programs, employment and vocational and skills training, family counseling, healthcare and housing services, and mental health and substance abuse treatment. Participants are initially subjected to an intense regimen of treatment and frequent drug testing. Each participant must attend regularly scheduled RISE Program court sessions to report on their progress in the program and demonstrate accountability to their peers and to the court. Participants who fail to abide by the terms of the program face graduated sanctions.

    Upon successful completion and graduation from the RISE program, participants are returned to traditional supervision with a one-year reduction award of their supervised release. Further reductions can be considered on a case by-case basis for successful participants who remain on supervision after the one-year reduction.”

    As of this month there are 218,929 federal prisoners in the United States. The majority of them will be released back into the community. Helping these returning citizens achieve successful reentry is becoming an important goal of the government. Investing in reentry is a smart move, and will save U.S. taxpayers millions of dollars and cut down on crime, and crime victims.
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