Federal Policy Update
HHS Clarifies that Individuals with Drug Felony Convictions are Eligible for TANF Non-Assistance
The federal Department of Health and Human Services (HHS) recently clarified in "Q&A: Drug Convictions, TANF Program Policy Questions and Answers" that the TANF drug felony ban, which prohibits individuals with drug felony convictions from receiving certain TANF benefits if their state has not passed legislation to opt out or modify the federal ban, does not prohibit the use of TANF funds to provide non-assistance to individuals with drug felony convictions. TANF non-assistance can be provided to individuals with criminal records and can "include services such as counseling, case management, job retention, job advancement, other employment-related services that do not provide basic income support, education and training, and work subsidies." Also included are non recurrent, short-term benefits that: (1)are designed to deal with a specific crisis situation or episode of need, (2) are not intended to meet recurrent or ongoing needs, and (3) will not extend beyond four months.
States do not have to pass drug felony ban opt out legislation if they want to provide individuals with drug felony convictions with TANF non-assistance services. If you are in a state that has adopted the ban, encourage your state representatives to opt out or to offer opportunities for individuals to regain eligibility for benefits.See HIRE's toolkit for opting out of the drug felony ban
Don't Forget About Federal Incentives for Hiring Individuals with Criminal Records
Encourage employers in your community to utilize the Work Opportunity Tax Credit and Federal Bonding Programs.
Work Opportunity Tax Credit
The Work Opportunity Tax Credit (WOTC) has been reauthorized for the 2013 tax year, and employers can earn a tax credit of $2400 for wages paid to individuals with a criminal record or up to $9600 for wages paid to certain veterans. Workforce development professionals should consider the WOTC as part of their toolkit for getting employers to take a chance on a qualified worker with a criminal record. Fact sheets for employers and workforce professionals can be found here, and here, and here.
Federal Bonding Program
The Federal Bonding Program is available for employers who hire workers from certain at-risk populations, including workers with criminal records. Employers who hire qualifying workers can receive a Fidelity Bond that will protect them against losses due to the worker's dishonest conduct, such as theft, forgery, or embezzlement. In effect, the bond is a guarantee of worker job honesty. The bonds can serve as a tool for workforce development professionals to address employer concerns about the risks they associate with hiring a worker with a criminal record. HIRE's bonding program fact sheet is available here.
The National H.I.R.E. Network is a project of the Legal Action Center.To learn more,please visit www.hirenetwork.org and register to become a member of the National H.I.R.E. Network.
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