La Bodega de la Familia: supporting parolees' reintegration within a family context.

• Author: Flavin, Jeanne

1. THE CHALLENGE OF PAROLE AND REINTEGRATION

   Parole was developed with the goal of ensuring individuals a successful return to society after a period of incarceration. (1) Recidivism statistics suggest, however, that parole is not successful in meeting these goals, particularly for persons convicted of drug offenses. (2) Two-thirds of all released drug offenders are rearrested within three years, and more than one-third of all new prison admissions are parole failures. (3) In New York State, over one-third of the adjudicated drug defendants had at least one prior drug conviction, and approximately one-third of the paroled drug offenders had their parole revoked within three years for committing new felonies (typically new drug crimes). (4) In 1993, the New York City Criminal Justice Agency found that roughly hall of all those convicted of drug felonies in New York City were rearrested within two years. (5)

   Each week, about 300 people are released from New York state prisons and return to New York City. (6) In New York City, as in other major cities, persons released from prison are expected not only to avoid rearrest, abide by the law, and fulfill the conditions of parole, but also to secure stable housing, employment, and healthy ties to others. Family Justice, through its storefront service, La Bodega de la Familia, is a non-profit organization that helps Lower East Side parolees through the reintegration process by using a unique family case management approach that calls upon the resources of families and community partners. (7)

   The parolees who come to La Bodega illustrate the often-desperate need for services so many face following a release from prison. "I haven't seen most of my family for six years and I've never seen my daughter. What kind of relationship are we going to have?" "I'm worried about how my kids will respond to me coming home." "How will my brother feel when a parole officer searches his room?" "I need a job, but will anyone hire me?" "How long am I going to be able to live with my mother? What if I let her down?" "I'm afraid I'm going to relapse and wind up in prison. How can I prevent that?"

   This Essay describes not only how La Bodega de la Familia responds to the diverse challenges posed by reintegration, but also the benefits of a model of justice supervision that recognizes individuals' social locations within their families and communities. Following a brief summary of the characteristics of Lower East Side parolees and La Bodega participants, Part II presents the social context into which parolees from the Lower East Side return. Part III outlines how La Bodega de la Familia has successfully responded to the challenge by emphasizing the importance of identifying and recognizing family strengths and community partners. Finally, Part IV discusses how current parole and criminal justice practice might benefit by shifting from an orientation focused on individuals and their shortcomings to one which focuses on families and their strengths.

2. LA VIDA LOISAIDA--LIFE ON THE LOWER EAST SIDE

   Since 1996, La Bodega has served hundreds of parolees and their families on New York City's Lower East Side, a neighborhood colloquially known as "Loisaida." (8) La Bodega clients are predominantly unemployed Hispanic males with a history of convictions for drug use. (9) Socio-demographically, they are representative of the larger Loisaida community which is both racially and ethnically diverse, and relatively poor. (10) Hispanics, non-Hispanic whites, and Asians each comprise about thirty percent of the roughly 100,000 people who live there and African-Americans comprise about nine percent. (11) The median household income is approximately $27,000, with one-quarter of households reporting annual incomes of $10,000 or less. (12) Similar to other urban neighborhoods across the nation, Loisaida features high levels of substance-abuse and drug-related crime, some availability of health and substance abuse treatment services, and evidence of community organization at a neighborhood level. (13) The ability of individuals and families to survive given the realities of poverty, unemployment, illiteracy, crime, truancy, drug addiction, HIV/AIDS, and physical and mental illness area testament to the community's strengths and resiliency. Despite the hardships that many residents face, Loisaida is a vibrant community; families and community services forma web of support for residents and individuals reach out to each other in good and bad times.

   But, while community-based organizations abound, there is little outreach to the families of those people who use drugs, most of whom are dealing with multiple challenges, including the recent release from prison of a loved one. (14) Moreover, Loisaida is undergoing continual change. La Bodega participants returning to Loisaida after a six-year sentence face a dramatically altered physical and socio-demographic landscape. (15) Signs that used to be exclusively in Spanish are now in English, reflecting a reduction in the area's Hispanic population. (16) Gift shops, bars, and restaurants have replaced empty lots and former "crack houses." (17) While the presence of poverty is still keenly felt, the number of persons receiving public assistance has dropped by over fifty percent. (18)

   Although gentrification has contributed to cosmetic improvements in the neighborhood, other social problems remain and have worsened in the wake of the September 11, 2001 terrorist attacks. (19) Non-profit organizations have lost funding due to city and state budget cuts. (20) Foundations lost capital on the stock market and have been forced to reduce grants, delay payments, or simply cut off their funding to non-profits. (21) Drug and alcohol abuse, domestic violence, and homelessness have all increased. (22) In December 2001, 30,000 New York City recipients of public assistance were knocked off the welfare rolls, having hit federal time limits; another 19,000 lost their benefits in 2002.23 Arguably, however, the two most pressing and longstanding needs faced by returning Lower East Side parolees are those of housing and employment. (24) Each of these needs will be discussed separately here.

   1. Housing Barriers

      A stable address is required to permit parole officers to make home visits to check on the parolee's progress. (25) Although many parolees seek residence with family members, this is not a viable option for all parolees. Their family members may live outside New York State (if only across the river in New Jersey). In addition, many families are already living in overcrowded conditions or are struggling to make ends meet. (26) For some parolees, living with family members may be a source of stress and temptation rather than a sale haven; about ten percent of the drug users in one study had at least one family member who had used cocaine in the past thirty days. (27) Furthermore, as a result of the 2002 Supreme Court ruling that public housing officials could evict entire families if a guest or someone in the household was convicted of a drug offense, many recent parolees cannot go home to public housing without putting their families and friends at risk of eviction. (28)

      Since 1996, public housing authorities and other providers of federally assisted housing can exercise the option of denying housing to certain individuals, including those who use illegal drugs. (29) In New York, people with criminal records must finish parole and then wait up to six years before renting in public-housing projects, even though they may otherwise be eligible for low-income housing. (30) Although private landlords are not permitted to refuse to rent to someone on the basis of a conviction for past drug use (considered a disability), a person convicted of the sale of manufacture of drugs, or someone who is currently a drug user, is not protected. (31) Furthermore, while the law ostensibly protects against discrimination on the basis of drug addiction, landlords do not necessarily refrain from acting on their biases and the laws are not always enforced in a rigorous or timely fashion. (32)

      Very few housing alternatives exist for individuals who cannot live in public housing or with friends or relatives. (33) The most recent available New York City housing statistics suggest that apartments remain expensive and hard to find. (34) In 1999, New York City's overall rental vacancy rate of 3.19 percent qualified as an "emergency" condition, as defined by state law. (35) According to the New York City Rent Guidelines Board, the stabilized median monthly rent for a studio apartment in 1998 ranged from $568 (in upper Manhattan) to $1,042 (in core Manhattan, which includes the Lower East Side). (36)

      Gentrification also has reduced the amount of affordable housing. (37) Between 1996 and 1999, the number of low-rent units declined by 6.5 percent, while the number of high-rent units increased by 10.6 percent. (38) Many of the low-rent tenements on the Lower East Side continue to be converted into market-value spaces that most working families cannot afford. (39) Although few tenants move, when someone does leave, the rent increases. (40) The United States Census Bureau reports that the average median household income in New York City is $38,000. According to housing analysts, this means that a family can afford to spend up to $800 in monthly rent. (41) The average rent for a one-bedroom apartment in Lower Manhattan, however, is $1,500 to $2,700 per month. (42) According to the New York City Rent Guidelines Board, "an individual earning the minimum wage would have to work 131 hours per week to afford an average one-bedroom apartment in New York City. Similarly, an individual would have to earn a wage of $19.10/hour to afford a typical two-bedroom apartment in New York City." (43)

   2. Employment Barriers

      Parolees across the country are seriously disadvantaged when trying to enter the job market. Nearly one of...