by Lane Dennard 

Prior to retirement from King & Spalding LLP in 2003, I [Lane Dennard] represented management in the field of labor and employment law for more than 30 years. Since retirement, I have taught as an adjunct professor, and done volunteer work at the Georgia Justice Project in Atlanta, which included the representation of clients faced with the collateral consequences of arrests and convictions. This work increased my awareness that Georgia citizens with a criminal record face an array of difficulties when they try to get a job or housing and when they apply for state and federal benefits. Our state has one of the highest crime rates in the nation. A 2009 study reports that in Georgia, one out of 13 people are under some form of correctional control (prison, jail or probation). This is the worst rate in the country. 

The Legal Action Center in Washington recently published a study of the legal barriers facing people with criminal records and ranked the states according to the number of “roadblocks” that were in place. Georgia was ranked as the third-worst state in the country. This raises a question of whether some of the “barriers” are counterproductive and actually increase recidivism.

Inability to find suitable work is one of the most significant barriers to re-entry by ex-offenders. There is a logical connection between unemployment and recidivism: If someone cannot find work, that person is more likely to commit a crime that provides that person’s basic needs. Therefore, it is understandable that some studies have linked unemployment to higher rates of recidivism. This conclusion is also supported by the experience of the Georgia Justice Project where a main area of emphasis is assistance with employment. Over the past several years, the recidivism rate for their clients is 17 percent, less than one-third the 66 percent national average.

The Legal Action Committee report identified “10 out of 10” barriers imposed in Georgia in the area of employment (the worst possible score). When the fact that Georgia has one of the highest crime rates in the country is combined with the “worst score” on barriers to reentry related to employment, these circumstances should at least raise the question of whether some of the collateral consequences imposed by Georgia law are justified.

The state legislature faces a difficult task in its consideration of laws regulating employment of ex-offenders. They must balance the strong interest in protecting public safety with the likewise compelling interest of the ex-offender to find work to support his or her livelihood.

However, the difficulty of the task is not a sufficient basis for avoiding these issues. This should be a bipartisan cause (at a time when there appear to be few).

It is more than a social issue; it is an economic issue for Georgia taxpayers. The Georgia Department of Corrections has estimated that by lowering the recidivism rate in Georgia by 1 percent, it would save Georgia taxpayers $7 million each year. My opinion is that recidivism can be reduced by identifying and changing some of the barriers to employment (as well as housing and benefits) that currently exist in Georgia. Also, recidivism can be reduced by employers making employment decisions on qualifications to do the work, rather than stereotypes about ex-offenders.

Patrick DiCarlo, a partner at Alston & Bird LLP, and I have recently co-authored a book on Collateral Consequences in Georgia which was published by the Mercer School of Law under a grant from the Georgia Bar Foundation. The book discusses issues relating to possible administrative and legislative change in Georgia.  Dennard, L. (2009, November). Policy on offenders a cause for concern. [On-line]. Available: http://atlanta.bizjournals.com/atlanta/stories/2009/11/23/editorial1.html?surround=etf&ana=e_article [2009, November 23].

If you would like to have a copy of the article, contact professor Tim Floyd at Mercer, (478) 301-2631.

Read more about Lane Dennard's new book Collateral Consequences of Arrests and Convictions: Policy and Law in Georgia, the first comprehensive study of its kind to examine the impact of state law and policy on ex-offenders reentering society after serving time.