Almost everyone who is incarcerated will one day be released back into the community, whether through parole or simply finishing the term of their sentence. Every single returning citizen faces countless barriers and obstacles to being able to successfully move on from their time in prison or jail, ranging from the stigma of a criminal record to restrictions on housing and employment. However, people of color face an additional layer of challenges. For example, “Reentering Black males have to deal with the historical impact of race, which continues to weigh on present-day issues of reentry” (Williams, Wilson, and Bergeson, 2019). The racism discussed in this chapter is not limited to the criminal legal system; it is pervasive in society. As a result, a person of color not only faces the usual resistance in society they experience no matter what, but after leaving prison, they now have the added stigma of a criminal record. They experience being repeatedly rejected, demoralized, and dehumanized – a continuing punishment despite having already served their time.

To make matters worse, they are statistically likely to be returning to communities characterized by over-policing, no job opportunities, failing educational systems, wounded families, and immense pressure to continually prove they are worth a second chance. In many cases, the factors that led to their criminal behavior before prison have become much worse as they are prevented at every turn from moving forward. For example, it is hard enough for someone with a criminal record to get a job, yet studies show that employers are even more unlikely to hire racial minorities who have been incarcerated compared to their white counterparts (Williams, Wilson, and Bergeson, 2019).

Getting a job remains one of the most difficult challenges of reentry, and often puts people in a position of having to accept minimum wage work or possibly employment with a boss who may use their criminal record against them to keep them from promoting, getting raises, advocating for their safety and rights, and more. This concern is compounded by restrictions on securing housing with a criminal record. Most landlords (whether apartment complexes or private property owners) will not rent to someone with a felony conviction, and that same record keeps people who have served time in jail or prison from qualifying for a mortgage to buy their own home. Their financial situation is extremely limited, with a low-paying job, and they are required to pay court fees, restitution, and possibly child support. Further, they cannot better their circumstances by going to school because of limits on financial aid, they cannot receive most forms of public assistance (like welfare), cannot vote to change any of these laws, cannot join the military, and cannot own a gun for the protection of themselves and their families. Under such strain, recidivism (reoffending and rearrest) is not only understandable but even expected (VanderPyl, 2023). Knowing all these challenges and that they are exacerbated based on race, it may come as no surprise that people of color are more likely than their white counterparts to end up back in the criminal legal system within a few years of their release (Alper, Durose, and Markman, 2018).

This reality is not a reflection of some criminal character or criminality among any race. Rather, it is a response to a system created, maintained, and fed by keeping white people in privileged positions and people of color from being able to get out from under systems meant to keep them down.

Activity: When Does the Punishment End?

Depending on the conviction, individuals can be subjected to restrictions and requirements after serving time on probation or being incarcerated. For example:

• Civil commitment: An individual who has been convicted of a sexually violent offense and is scheduled for release may be committed to a mental institution – based on a finding before a judge – that the individual is a “sexual predator.”
• Sex offender registry: Although rules differ by state, an individual who has been convicted of a sexual crime may be required to periodically register in their state for a set amount of time (or for the rest of their life). These registries include much information about the individuals that is publicly available.
• Voting rights: Voting rights after conviction differ by state, as some people lose the right to vote while incarcerated, until completion of supervision, or have a waiting period after completion of their sentence.
• Other restrictions or challenges include limitations on internet use, where you can live, or where you can work; difficulty getting loans; challenges with travel or immigration status, or issues with child custody, just to name a few.

Choose one of the options below to explore further and answer the questions that follow:

1. Explore the National Sex Offender Registry public website. Please be aware that 1) Oregon does not make some information publicly available; and 2) “Any person who uses information contained in or accessed through this website to threaten, intimidate, or harass any individual, including registrants or family members, or who otherwise misuses this information may be subject to criminal prosecution or civil liability under federal and/or state law.” More information about the proper use of the registry can be found at this website.
2. Explore the Felon Voting Rights Brief [Website].

Questions

1. Do you think all or some of these consequences count as a continuation of punishment? Which ones and why or why not?
2. Do you think all or some of these consequences are appropriate? For all offenders? Only some offenders? For no one? Explain your answer.
3. How do these restrictions reinforce systemic racial and ethnic inequities? What policy reforms could address these injustices while balancing public safety concerns?

Licenses and Attributions for Reentry and Recidivism

Open Content, Original

“Reentry and Recidivism” by Taryn VanderPyl, revised by Jessica René Peterson, is licensed under CC BY 4.0.

“Activity: When Does the Punishment End?” by Jessica René Peterson is licensed under CC BY 4.0.

Open Content, Shared Previously

Figure 7.13. “December 10 march for voting rights” by Michael Fleshman is licensed under CC BY-SA 2.0.