By Marlon J. Chamberlain and Carlton T. Mayers, II*
If you ever had an encounter with the criminal legal system in Illinois, even just a misdemeanor, the public housing authority of Richland County, IL will deny your application outright. No interview necessary. No context needed. Denied.
As someone who has directly experienced the relentless nature of these barriers, Trenesha Boyd recently commented in a meeting, “When do I have to stop reliving a bad decision I made so long ago? When does it end?”
Affordable housing is just one roadblock that discriminatory systems place on the pathway to success for those whose lives have been impacted by the criminal legal system. Heartland Alliance, alongside criminal justice reform advocates like Trenesha, are acting against those barriers, whose impact oftentimes unfolds across entire communities.
Heartland Alliance’s Never Fully Free report found a total of 1,189 sanctions in Illinois that create long-lasting, often permanent barriers to employment, education, civic engagement, and housing for over 3.3 million people arrested or convicted of crimes in Illinois since 1979. These “permanent punishments” are sanctions, laws, and restrictions impacting formerly incarcerated individuals.
Over 80% of permanent punishments impact an individual’s ability to obtain employment and housing, trapping many in a cycle of poverty. Given the disproportionate impact of criminal records on people of color, housing-related permanent punishments contribute to racialized patterns of housing instability, segregation, and homelessness. In Illinois, to make matters worse, Public Housing Authorities (PHAs) have the ability to place additional bans and restrictions, beyond those required by federal law, on people with criminal records. This prohibits people with criminal records from accessing housing when they are most in need and that housing instability is a major contributor to recidivism.
We believe that people like Trenesha must be the drivers of change. That’s why we are proud to have her work alongside us as we develop the first campaign in the nation working to dismantle the laws and regulations that deny rights and opportunities for people with criminal records.
To truly combat systemic inequities, we must remove the barriers that continue to exist well beyond a sentencing term. In partnership with the Restoring Rights and Opportunities Coalition of Illinois (RROCI), Heartland Alliance advocated for the passage of the Public Housing Access Bill in the Illinois state legislature. As the first of its kind in the country, this law creates standards for public housing authorities when screening applicants with a criminal record for public housing admission.
Now, PHAs in Illinois are required to use individualized assessments for formerly incarcerated applicants. The law also creates statewide standards that limit the look-back period for background checks to 6 months – and prohibits the consideration of arrest records and findings of not guilty, juvenile records, expunged records, and sealed records by local public housing authorities.
As we take on the challenge of eradicating the almost 1,200 permanent punishments in our state, we can’t help but consider the impact that these barriers have on countless individuals across the country. The Public Housing Access Bill is only a first step in one state, but legal discrimination related to the criminal justice system is endemic. It’s time to address the fact that some are truly never fully free, and end these permanent punishments.
*Marlon J. Chamberlain is the Campaign Manager for the Fully Free campaign and Carlton T. Mayers, II is the Senior Policy Manager for Criminal Justice Reform at Heartland Alliance.
