Conviction/Arrest Records: Policy Proposal

1. Conviction/Arrest Records: Policy Proposal

2. Background • Findings from SOCR outreach over last four years • In 2008: • Launched workshop for social service providers on protections in public employment and WA State guidelines for employment inquiries. • Convened Criminal Record Roundtable. • City of Seattle created Personnel Rule 10.3. • May 2010: Proposal from women in Sojourner Truth Transitional Housing Program to add criminal records as protected class in housing.

3. Criminal Records: Barriers to Employment and Housing • 1 in 5 in U.S. has a criminal record. • Issue of racial disproportionality in criminal justice system – arrests, convictions and sentencing. • Intersection of race, poverty and criminal justice system.

4. Connections Between Criminal Records, Institutional Racism and Poverty Cycle of poverty • In Washington State 90% of all felony defendants are in extreme poverty at the time of charging. Impacts on families • 1.5 million children under the age of 18 have at least one parent in prison in the United States.

5. Connections Between Criminal Records, Institutional Racism and Poverty • African Americans make up only 3.2% of Washington’s population;they account for 19.2%, or one-fifth of the state’s prison population. Native Americans comprise only 1.6% of the total state population;they account for 4.5% of those in Washington prisons. • Nearly two-thirds of people released from prison in the U.S served time for non-violent offenses, including drug offenses (37%) and property offenses (25%). • Two out of three non-violent offenders released from prison each year are people of color (48% African-American, 25% Latino).

6. What are other jurisdictions doing to address this barrier?

7. States with anti-discrimination laws relating to arrest/conviction records in employment 5 states forbid private employers from having flat bans against hiring persons with a conviction record: New York * Kansas * Hawaii * Wisconsin * Pennsylvania Massachusetts and Illinois prohibit discrimination against arrest records. 14 states have legal standards governing public employers’ consideration of applicants’ criminal records: Arizona * Colorado * Connecticut * Florida * Hawaii * Kansas * Kentucky * Louisiana * Minnesota * New Mexico * New York * Pennsylvania * Washington * Wisconsin

8. Jurisdictions with anti-discrimination laws relating to arrest/conviction records in housing Madison and Dane Counties, Wisconsin Law covers: Employment and Housing Protection: Arrests, Convictions Specifics: Employment: No protection if arrest/conviction substantially relates to job. Housing: No protection if circumstances of the offense(s) bear a substantial relationship to tenancy. 2 years must have passed since applicant, tenant or member of household was placed on probation, paroled, released from incarceration or paid a fine.

9. Cities with anti-discrimination laws relating to arrest/conviction records • Jacksonville, FL • Kalamazoo, MI • Memphis, TN • Minneapolis, MN • Multnomah County, OR • New Haven, CT • Norwich, CT • Oakland, CA • Providence, RI At least 23 cities have legislation that “bans the box” in public employment applications. This means that public employers can only ask about arrests/convictions once a job applicant has moved beyond initial application and is being considered for employment. • Alameda County, CA • Austin, TX • Baltimore, MD • Berkeley, CA • Boston, MA • Bridgeport, CT • Cambridge, MA • Chicago, IL • Hartford, CT • San Francisco, CA • Seattle, WA • St. Paul, MN • Travis County, TX

10. Washington State law relating to conviction records in public employment RCW 9.96A applies to: State of Washington, any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations. Applies if: • Conviction does not directly relate to the job. • 10 years have passed since the conviction. Exceptions: • Positions in the county treasurer's office- relates to past convictions of embezzlement. • Working unsupervised with children (schools/school districts)- felonies relating to sexual offenses and exploitation of minors. • Positions in Department of Social and Health Services that may have unsupervised access to minors and vulnerable persons. • Law enforcement agencies.

11. What about Seattle?

12. Potential protections – Seattle Protections: Arrests and convictions. Covers: Employment, housing and contracting. Specifics: Protection not provided if arrest or conviction: • Directly relates to the job. • Direct relationship to tenancy (applicant/tenant/member of household). • Unreasonable risk to property or to the safety or welfare of employees, landlord, tenants. • Employment exceptions: (modeled on WAC 9.96A) working with unsupervised children, vulnerable adults; law enforcement agencies.

13. Potential Protections – Implementation • Employers and landlords would be required to consider the context of the conviction, time that has passed since offense and any rehabilitation that has occurred. • Documentation of these considerations made by landlord or employer and their concerns relating to direct connection to tenancy or job, or safety of employees, residents or public would be considered during any investigation made by the Seattle Office for Civil Rights. • Case-by-case review of applicants.

14. Process and Timeline • September-November: In conjunction with community partners, meet with stakeholders to seek input and comment on potential options. • December-March: Work with community stakeholders to finalize an option for the Mayor’s consideration. • April-May: Potentially introduce to City Council.

15. We want to hear from you!Comments or Questions? • Please submit comments to Brenda Anibarro at the Seattle Office for Civil Rights. Contact info: brenda.anibarro@seattle.govor 206-684-4514