In Connecticut, 36% of the open child support cases involve more than 44,000 non-custodial parents who have been or are currently in prison. Nationally, non-custodial parents exit prison with an average debt of $20,000. A Colorado study concluded that over half of the arrears (in the study) are owed to the government and the average arrears case is over seven years old. We question how this situation helps children?

We believe that the collateral consequences of incarceration and a felony conviction imposed upon the non-custodial parent victimize the family by further destroying that parent’s ability to function in a productive way for the children.

The collateral consequences of incarceration include, but are not limited to:
A) Difficulty with employment
B) Difficulty with housing
C) Personal stigma with being a “felon,” “convict,” “offender”
D) Loss of dignity, housing, employment, bank accounts, friends, family
E) Loss of right to vote

In addition, the accumulation of child support while the parent is incarcerated can become overwhelming to the point of not paying any support payments after release. There is the added employment obstacle of looking for “cash only” jobs or encountering employers that “no longer need you” once the garnishment is in place. A loss of license can also impact the ability to find or maintain a job. Arrears are often collected from state or federal income tax, thus “encouraging” the non-custodial parent not to file their taxes. To top it off, in several states, people under the jurisdiction of probation and parole have supervision fees to pay—additional money that is taken away from the custodial parent and potentially, from the children.

Other issues often burden a parent not paying child support (e.g. substance abuse, divorce, lack of parenting skills)—incarceration rarely helps the parent to address these problems. Incarceration becomes an even larger barrier than the lack of support payments when children cannot visit their parent, are not able to talk on the phone and are embarrassed by having a parent in prison.

Therefore, the National Convocation of Jail and Prison Ministry supports efforts we consider to be concrete and positive approaches to the issue of child support and incarceration. A list of some existing efforts that we support is attached to this position paper.

ATTACHMENT:

There are solutions: (As of May 2011)
A) Washington D.C.’s “Fresh Start” program which allows for a portion of the non-custodial parent’s TANF arrears to be forgiven for consecutive on-time payments.
B) The Wisconsin Bureau of Child Support, the Racine County Child Support Department, and the Institute for Research on Poverty (IRP) are implementing a child support debt reduction demonstration program called, Families Forward in Racine County. The program aims to reduce child support debt (arrears owed by non-custodial parents) while increasing child support payments. Every dollar that participating non-custodial parents pay in support will reduce their unpaid debt by an extra $0.50 or $1.00. Nor will parents be charged interest on arrears while they are participating in the program. Unpaid interest will be deduced first, then other unpaid balances.
C) In April 2003, U.S. Department of Health and Human Services Administration for Children and Families issued a report, “Managing Child Support Arrears, a Discussion Framework.” This report outlines progressive programs available in some states and includes a survey from 2001 regarding Establishment or Modification of Support Orders with Respect to NCP.
D) In 2006, Connecticut started sending information to all inmates with more than three years remaining on their sentence to help them get child support orders amended. In 2011, similar information is being given to many inmates coming into prison.
E) In Illinois and Maryland, former prisoners are allowed to have some of the debt wiped clean if they make regular child support payments for a specific length of time.

Fresh Start Program

http://csed.dc.gov.csed/cwp/view,A,3,Q,641644.asp

Institute for Research on Poverty

http://www.irp.wisc.edu/research/childsup/cspolicy/famforward.htm

U.S. Department of Health & Human Services, Administration for Children & Families, the Office of Child Support Enforcement

http://www.acf.hhs.gov/programs/cse/pubs/2003/reports/arrears/

National Center for Strategic Nonprofit Planning and Community Leadership: Managing Arrears: Child Support Enforcement and Fragile Families

http://www.npcl.org/services/PLC%20on%20arrearsfinaltimesroman.pdf

Connecticut to help inmates pay child support bills—two articles from Forbes

http://www.forbes.com/feeds/ap/2011/05/01/general-us-inmate-child-support_8444197.html

Such technology is used most frequently in civil cases and has led to the reduction of costly and time consuming court proceedings. The Convocation believes that the use of this technology in criminal investigative procedures will insure the rights of all parties and could well lead to a more expeditious handling of preliminary investigative analysis. The process could greatly reduce the danger of the rights of suspects and persons of interest being violated and affirm their rights to fair and impartial proceedings as guaranteed by state and federal law.

The Convocation is aware that several sovereign states have adopted this procedure in criminal proceedings and believes that such videotaping should be enacted into law in all states of the union.

Members of the National Convocation of Jail and Prison Ministry are urged to contact their local, state and federal legislators to urge the implementation of this process and its enactment into law.

May 25, 2006
Myrtle Beach, SC

Sister Juanita Ujcik, OSF
National Steering Committee Chair
The National Convocation of Jail and Prison Ministry
422 Summit Street
Joliet, Illinois 60435-7102

Dear Sister Juanita:

On behalf of President Bush, thank you for you letter. We appreciate hearing your views.

President Bush has repeatedly affirmed our country’s commitment to the worldwide elimination of torture. He believes that human dignity must be protected and that freedom from torture is an inalienable human right. Together with our friends and allies, the United States is committed to building a world where human rights are respected and protected by the rule of law.

As the President has said, America stands against and will not tolerate torture. American personnel are required to comply with all applicable United States laws, including the Constitution, Federal statutes, and our treaty obligation with respect to the treatment of detainees.

President Bush has condemned the abuse of detainees at Abu Ghraib prison in Iraq as horrific and wrong. He believes these actions were inconsistent with American values and policies as a Nation and has directed a full accounting for the abuse. Investigations are underway to review and improve detention operations in Iraq and elsewhere, and those accused of breaking U.S. military law will face a fair trial.

To assist victims of torture, the United States supports torture accountability and treatment centers, contributes to the United Nations Fund for the Victims of Torture, and supports non-governmental organizations that work to end torture and help victims recover. Our country also provides protection, counseling, and where necessary and possible, relocation to the United States. President Bush urges all nation to join in these efforts to end torture and restore the dignity of those affected.

The United States will continue to take seriously the need to question terrorists who have information that can save lives, but will not compromise the rule of law or the values and principles that make our country strong. Torture is wrong no matter where it occurs, and under President Bush’s leadership the United States will continue to lead the fight to eliminate it everywhere. Thank you again for writing to the President about this important issue.

Sincerely,

Heidi Marquez
Special Assistant to the President
and Director of Presidential Correspondence

Dear President Bush,

The National Convocation of Jail and Prison Ministry at its annual meeting in Baltimore, MD (June 5-9, 2004) condemns the abuses at the Abu Ghraib prison in Iraq and other places by U.S. forces.

The Convocation is a national inter-faith movement that meets annually to work for reform in the criminal justice system. We condemn physical abuse, sexual abuse, medical abuse, humiliation and emotional and psychological torture of those incarcerated anywhere. Human rights have been ignored and dignity has been breached. We call upon the appropriate U.S. and international agencies to conduct investigations and hold accountable all those responsible for these atrocities.

The United States has tried to present itself as a democratic society with a model justice system but the injustices at Abu Ghraib make a mockery of such assertions. The United States has lost credibility to condemn prison abuses worldwide. Such behavior if not rooted out, will become the norm. These abuses must be corrected by open and transparent investigations and reform.

The National Convocation of Jail and Prison Ministry calls for an end to all abuse to the incarcerated in the United States and abroad.
\
Sincerely,

Sister Juanita Ujcik, OSF
National Steering Committee Chair
422 Summit St.
Joliet, IL 60435

We call for an end to such abuses in local, state, federal, military and international jails, prisons, detention centers and in all other sites throughout the world. We oppose such victimization by any system.

We urge that those responsible for such abuses be exposed and suitably disciplined.

Our opposition to the death penalty is rooted in our belief that all life is sacred and that any execution by a Federal or State Government violates this God given right to life. We do recognize the seriousness of certain offenses against society and the need for society to feel safe from such offenders. We believe that there are alternatives to the death penalty such as LIFE WITHOUT PAROLE, which can be used to rehabilitate offenders while protecting society from possible reoccurrence of an offense.

Members of the National Convocation of Jail and Prison Ministry are urged to contact their Federal and State legislatures and request that they enact laws that will prevent the execution of any person diagnosed as mentally disabled in their respective States and within the Federal Judicial System.

The National Convocation of Jail and Prison Ministry is appalled by the continued use and construction of ‘SUPERMAX’ detention facilities both by Federal and State Criminal Justice Systems. The National Convocation recognizes the need for security and protection of some offenders housed with the various Federal and State detention facilities but feels that this security and protection can be achieved without the use of ‘SUPERMAX’ facilities which deny the basic human rights and needs of all individuals.

Studies and research, as well as eye witness accounts from those ministering within ‘SUPERMAX’ facilities demonstrate that: ‘SUPERMAX’ detention facilities tend to permanently segregate a resident from family and friends and even from other offenders within the same detention facility. Access to libraries, recreation fields and places, religious services, rehabilitation services, and legal counsel is severely diminished within ‘SUPERMAX’ facilities. ‘SUPERMAX’ detention facilities are constructed so that the residents are restricted from enjoying nature, outside fresh air, sky, or other natural elements conducive to rehabilitation. Many facilities are CAGE constructed further dehumanizing an individual. Security within ‘SUPERMAX’ facilities is shown to be excessive with daily strip searches of person and excessive search of property, shackling whenever a resident is moved from one area to another, extensive high walls, barb wire enclosures, and metal detectors throughout the facility.

Additional research has shown that incarceration within a ‘SUPERMAX’ detention facility has a very demoralizing effect on an individual and destroys possibilities for rehabilitation of an offender. The caged atmosphere is extremely detrimental to mental well being. All offenders, regardless of how long they are to be incarcerated, need to have all human necessities met during their period of detention. This should include but is not limited to medical and dental care, access to school, library privileges, access to religious services and counseling, access to recreational activity, and access to rehabilitative courses. In addition all offenders should be given the opportunity to perform meaningful work and enjoy outdoor activities within nature that all facilities can provide.

The National Convocation of Jail and Prison Ministry believes that all the above objectives can be met within a secure facility without the need for the high tech electronic surveillance, high extensive perimeter walls, barb wire and electronic fences, and the need for the dehumanizing of an individual through continuous strip searches of person and excessive search of possessions. The human privilege to community should not be abridged and the communication and visitation with family and friends should be encouraged by our Criminal Justice System.

The members and participants of The National Convocation of Jail and Prison Ministry will contact and dialogue with their Federal, State, and Local representatives to introduce bills and measures to see that all Federal and State ‘SUPERMAX’ facilities are shut down. Dialogue should also stress that all plans for construction of Federal and State ‘SUPERMAX’ facilities are abandoned within their legislative region.

The high cost in incarceration of so many is currently crippling funding for educational services for all the country’s youth, as well as funding for prevention and intervention programs for high risk populations.

Therefore, the National Convocation of Jail and Prison Ministry is calling for an immediate moratorium on building additional jails, prisons, and juvenile places of detention on all levels; local, state, and federal.

Simultaneously we call for the establishment of and funding for community based programs for non-violent offenders. It is a means of bringing about restorative rather than retributive justice. This step alone will alleviate the need for additional space and effectively assist offenders in making changes necessary for leading productive lives. In addition, funds will be available to improve educational systems at all levels, to fund programs to assist high-risk youth, and programs needed to provide a safe environment for all children.

Members of the National Convocation of Jail and Prison Ministry are urged to contact their local and state legislators and members of the United States Congress to urge the implementation of this moratorium.