Key Points:

• Arizonans face difficulties securing employment after they return from incarceration

• Several efforts are underway to help address second-chance employment

• Addressing the larger issues at hand would help improve employment opportunities and outcomes

Advocates, experts and lawmakers say Arizonans leaving incarceration need more than just a job to create a stable life — they need an actual career path. 

With an incarceration rate of 710 per 100,000 people, the state has tried several ideas to ensure inmates have a better chance to succeed when they are released. Those monitoring the progress say these are working, but more needs to be done. 

Former Gov. Doug Ducey signed an executive order prohibiting state agencies from checking a job applicant’s criminal history until after an interview.

A 2021 law allows people convicted of certain criminal offenses an opportunity to set aside a prior conviction and apply for a Certificate of Second Chance. Three years earlier, legislators approved liability protections for employers and independent contractors who hire formerly incarcerated people. That 2018 law also prevents an employee’s past convictions from being introduced as evidence in negligent hiring lawsuits.

Despite those changes, finding employment — let alone a long-term career — remains difficult, said Anna Hunter, assistant director of the Division of Employment and Rehabilitation Services at the Arizona Department of Economic Security.

Changing perspectives

Officials say changing public perceptions is just as important as changing policy.

Simple shifts in language, such as using “formerly incarcerated individual” instead of “ex-offender,” can help reduce stigma. Broader efforts, including identifying additional positions within the Arizona Department of Corrections, Rehabilitation and Reentry that could be filled by people leaving prison, have also expanded opportunities.

“It’s really trying to reimagine what their pathway looks like and rehabilitate them, and then really educate the employers so they know, ‘Hey, they made a mistake, but now they have spent X amount of years trying to fix that and they have worked inside prison for X amount of years and they may have gotten their degree or their high school diploma or workforce credentials while incarcerated,” said Stacey Faulkner, the chief of ADCRR’s Education Programs and Workforce Development. “Nine times out of 10, they’re probably some of the most successful employees.” 

Faulkner said getting people industry-recognized training, credentials and apprenticeships while they’re incarcerated helps boost the chances of getting hired. Part of that is making sure they leave prison with the proper documents to complete an I-9 form, Hunter added. 

Licensing is another challenge. But both departments are investing dollars for reentry workforce development into career pipelines that don’t have bureaucratic limitations regarding licensure, Hunter said. The key is to find employers who can offer peer support for second-chance employees. 

“Hearing from people who’ve gone through the same struggles is such a powerful piece to this because there is so much shame and challenge associated with this,” Hunter said. “Hearing from someone who successfully navigated that, I think it’s such an important part.” 

As part of an executive order by Gov. Katie Hobbs, Arizona is participating in Reentry 2030, a national initiative that works on lowering barriers to housing, healthcare and jobs after people leave incarceration. The state also provides employment services through Arizona@Work by deploying employment counselors in probation offices, parole offices and reentry centers. People can also get help with interview skills, resume assistance and job searching from community organizations. 

“It’s not just a referral; it really is that connection to an employer who values them,” Hunter said. 

Hunter said they need continued funding from the state government. In this year’s budget, DES received $3 million to continue their work. It’s a bipartisan success, she said. 

“If we could prepare them and have them be successful members of our communities, that’s in all of our best interests, and that includes economically,” Hunter said.

Lawmakers call for political courage

If anything is going to change, it’s going to take political courage to stand up and make it happen, Rep. Walt Blackman, R-Snowflake, said. He’s worked for years on legislation and task forces to improve Arizona’s prisons and criminal justice systems. 

“I believe that in some cases it’s good. However, for the most part, we have a lot of work to do,” he said. “When they get back into society, there’s still a lot of stumbling blocks, like getting an apartment or getting an ID. We’ve got to be more consistent with that.”

The one thing that would tie everything together and start solving a few problems is getting an independent prison oversight office funded, Blackman said. They’ve been asking for $1.5 million to get it up and running, but the money hasn’t shown up in Gov. Katie Hobbs’ budget proposal nor legislative majority budgets, the Arizona Capitol Times reported in July. 

It’s not just the Hobbs Administration that has ignored it, Blackman said, adding Republican administrations haven’t addressed the issue either. 

“We need political courage. As a Republican, a lot of the ideology of criminal justice reform is opening the floodgates and letting everyone out – that is not reform,” he said, adding if the department has “rehabilitation” in their name, then that’s what needs to happen. “It’s like doing the same thing over and expecting a better outcome.”

And when the state spends more than $1.5 billion a year on the department, it doesn’t feel like people care, he said. 

Sen. Analise Ortiz, D-Phoenix, worked on criminal justice reform before she was elected. She said the state has made some progress, but it has a long way to go.  

“There are a lot of people in Arizona who are impacted by the criminal legal system who might come out with a felony record and then have challenges finding jobs or housing,” she said. “We have to find a way that we can better support people after they’ve already paid their debt to society.” 

She’d like to see expungement for more misdemeanor convictions. Some past bills have made it through one chamber or the other with bipartisan support, but they die before they make it to Hobbs’ desk.

She also wants to prevent employers from asking job applicants about certain convictions, protect employees from discrimination and incentivize businesses who hire the formerly incarcerated.

Another overhaul would be re-evaluating sentencing guidelines because Arizona’s penalties are much harsher than other states, she said. Arizona has a strict law that requires inmates to serve at least 85% of their sentence with a maximum 15% reduction for good behavior.

“It just does not make sense, and it ends up resulting in taxpayers paying way more money than they should to maintain an overly crowded criminal justice system when the evidence shows that that is not making our community safer,” she said.