Rehabilitation in the United States

Rehabilitation Definition

The act by which a man is restored to his former ability, of which he had been deprivtid by a conviction, sentence, or judgment of a competent tribunal. (1)

Rehabilitation in the United States

Estimates are that as many as 70 million or more Americans have a record of arrest, criminal adjudication, or conviction. Each year, more than 600,000 individuals are released from Federal and State correctional facilities. Millions more are released each year from local jails. In many cases, a criminal record is an obstacle to obtaining employment or a license related to or necessary for employment. However, many individuals have criminal histories that should not automatically disqualify them from employment or licensing, but should instead be examined as part of a review of the person as a whole.

Presidential Memoranda

Presidential Memoranda regarding the Promoting Rehabilitation and Reintegration of Formerly Incarcerated Individuals (April 29, 2016):

America is a Nation of second chances. Promoting the rehabilitation and reintegration of individuals who have paid their debt to society makes communities safer by reducing recidivism and victimization; assists those who return from prison, jail, or juvenile justice facilities to become productive citizens; and saves taxpayer dollars by lowering the direct and collateral costs of incarceration. Policies that limit opportunities for people with criminal records create barriers to employment, education, housing, health care, and civic participation. This lack of opportunity decreases public safety, increases costs to society, and tears at the fabric of our Nation’s communities.

Reducing the cycle of incarceration and recidivism requires coordinated action by government at all levels. (…) Providing incarcerated individuals with job and life skills, education programming, and mental health and addiction treatment increases the likelihood that such individuals will be successful when released. And removing barriers to successful reentry helps formerly incarcerated individuals compete for jobs, attain stable housing, and support their families. All of these are critical to reducing recidivism and strengthening communities.

In 2011, the Attorney General formed the Federal Interagency Reentry Council, a Cabinet-level working group dedicated to the rehabilitation and reintegration of individuals returning to their communities from prisons and jails. I am issuing this memorandum to ensure that the Federal Government continues the important work of this council and builds on its successes. (…)

Reducing Barriers to Employment

(a) Agencies making suitability determinations for Federal employment shall review their procedures for evaluating an applicant’s criminal records to ensure compliance with 5 CFR Part 731 and any related, binding guidance issued by the Office of Personnel Management, with the aim of evaluating each individual’s character and conduct.

(b) Consistent with applicable law and the need to protect public safety, agencies with statutory authority to grant or deny occupational licenses and the discretion to define the criteria by which such licensing decisions are made shall undertake to revise their procedures to provide that such licenses are not denied presumptively by reason of an applicant’s criminal record in the absence of a specific determination that denial of the license is warranted in light of all relevant facts and circumstances known to the agency, including:

(i) the nature and seriousness of the conduct resulting in the criminal record, including the circumstances surrounding the conduct and contributing societal conditions and the age of the individual at the time of the conduct;

(ii) the time that has passed since the individual’s arrest, adjudication, or conviction, or the completion of the individual’s sentence, and the absence or presence of rehabilitation efforts; and

(iii) the nature of the occupation requiring a license, including whether the criminal record is directly related to the occupation, whether the occupation offers the opportunity for the same or a similar offense to occur, and whether circumstances leading to the conviction will recur in the occupation.

Rehabilitation

Rehabilitation in the United States

Rehabilitation Definition