Last month, the Department of Justice’s Office of Justice Programs issued guidance to Second Chance Act grantees clarifying the wide range of legal services that may be an appropriate use of funds where such services further the Second Chance Act’s purpose to “break the cycle of criminal recidivism, increase public safety, and help states, local government, and Indian tribes, better address the growing population of criminal offenders who return to their communities and commit new crimes.” The guidance was distributed at the Second Chance Act conference and posted on the DOJ’s website.

Civil legal assistance can often play a critical role in addressing barriers to successful reintegration into the community. Assistance in securing an occupational or driver’s license, expunging criminal records, litigating inappropriate denials of housing or employment and violations of the Fair Credit Reporting Act, and creating and/or modifying child support orders are all legal services that can help stabilize the lives of individuals and families.

Working with the Legal Services Corporation (the largest federal funder of civil legal aid) the Department of Justice’s Access to Justice Initiative has reached out to federal agencies working to promote access to health and housing, education and employment, and the family stability of the population exiting incarceration or supervision. In particular, the Department has sought out new partnerships to remove unintended barriers that prevent legal aid providers from participating as grantees or sub-grantees.

As a result, several agencies have issued new guidance or solicitation language clarifying the use of grants funds for legal services. The Access to Justice Initiative and the Legal Services Corporation have also been invited to make presentations at new grantee orientations to further educate grantees about how legal services can improve outcomes for the reentry population, and have also made presentations to a national audience of legal services providers about partnership opportunities with federal grantees.

Recent developments include:

Department of Justice

Through a number of its bureaus, the Justice Department’s Office of Justice Programs administers Second Chance Act grant programs designed to help communities develop and implement comprehensive and collaborative strategies that address offender reentry and recidivism reduction.

A guidance informing Second Chance Act grant recipients that a wide range of legal services may be an appropriate use of funds where such services further the Second Chance Act’s purpose is available here.

Department of Labor

The Department of Labor’s (DOL) Employment and Training Administration administers more than $80 million in grants for job-training programs that help people with criminal records or other hard-to-employ youth and adults secure employment. Beginning in 2012, grant solicitations for the Reintegration of Ex-Offenders (RExO) Adult Generation 5, Serving Adult and Youth Ex-Offenders through Strategies Targeted to Characteristics Common to Female Ex-Offenders and Serving Juvenile Offenders in High-Poverty, High-Crime Communities include explicit language that explains how grantees can utilize DOL grant funds for payment of legal services related to the purpose of the grant, such as securing a driver’s license, expunging criminal records, and creating and/or modifying child support orders.

Department of Veteran Affairs

The Department of Veteran Affairs (VA) administers the Supportive Services for Veteran Families (SSVF) program, a $100 million grant program that aims to improve housing stability for very low-income veteran families. SSVF grantees provide eligible veteran families with outreach, case management, and assistance in obtaining VA and other benefits. Studies by the VA confirm the need for legal services for Veteran families. The VA’s 2010 CHALENG Report concluded that three of the top ten unmet needs of homeless veterans are legal and include legal assistance for child support issues, outstanding warrants/fines, and help restoring a driver’s license. Moreover, other top ten unmet needs may also have a legal component. For example, other high needs areas such as “family reconciliation assistance” may involve securing a divorce or child custody arrangements, help with “credit counseling” could involve legal resolution of Fair Credit Reporting Act problems, and “long-term, permanent housing” problems can sometimes benefit from legal aid in defending against an illegal eviction or to prevent foreclosure.

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Legal assistance can have a profound impact on reducing barriers to employment, housing, accessing benefits, and other obstacles for individuals with a criminal history. The work of the Access to Justice Initiative and the Legal Services Corporation along with agency partners builds upon a series of federal efforts to address barriers to reentry. Under the leadership of Attorney General Eric Holder, various federal agencies have come together as the Federal Interagency Reentry Council. To learn more about the Reentry Council, click here.

For more information about how legal aid programs can support Second Chance Act goals and grantees, please contact the Access to Justice Initiative at the U.S. Department of Justice at (202) 514-5312.

This is a National Reentry Resource Center Announcement. This announcement is funded in whole or in part through a grant (award number: 2010-MUBX-KO84) from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this newsletter (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided).