End It For Good Workforce Report

HEALTHY & HIRED Growing Mississippi’s workforce through a health-centered approach to drug use.

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ississippi businesses are an integral part of our communities, forming an engine for jobs and revenue. When local businesses cannot operate at their best, the negative impact is felt statewide. A significant challenge for many businesses today is the lack of a qualified and dedicated workforce.

With just 53.8% of the state’s workingage population participating in the workforce1, Mississippi is well below the national average2, and the workforce that is available is not as productive as it needs to be.3 There are many factors that contribute to this, but two factors that feed into this challenge are drug use and over-dependence on incarceration as a response.

crucial to a healthy workforce. But the community’s response to drug use also has a significant impact on the workforce and whether businesses can hire the talent they need to flourish.

This report focuses on the role lawmakers and business leaders can play in shifting policies and practices toward effective solutions that grow workforce participation and productivity.

SUBSTANCE USE & ADDICTION

Mississippi faces a significant public health challenge regarding drug use.

According to the most recent data published by the Substance Abuse and Mental Health Services Administration People are responsible for their choices, (SAMHSA), 17% of American adults including the choice to use drugs, and 13% of Mississippians reported making prevention and education recently using an illegal drug.4 These

numbers have doubled in the last 20 years.

In response to the rise in drug use, the state initiated the Mississippi Opioid and Substance Use Disorder Program to help track and anticipate incidents of overdose.5 Funding has also been made available through federal grants to help people struggling with an opioid use disorder. While both are tremendous resources, we need more tools to help people before addiction or overdose becomes part of their story.

53.8% Only

of the state’s workingage population currently participate in the workforce.

CRIMINAL JUSTICE IMPACT Alongside the challenges presented by addiction, many Mississippians face criminal convictions that often bar them from employment opportunities. With more than 1 in 4 adult Mississippians having a criminal conviction of some kind and an estimated 11% having a felony on their record, the overall impact of criminal convictions on Mississippi’s workforce is significant.7

A recent study found that each 1% increase in the share of a state’s population with a felony criminal record results in a .3% increase in residents who are unemployed or not otherwise in the labor force.8 Not only do tens of thousands of Mississippians lose out on employment opportunities because of criminal records, but Mississippi’s economy also loses an estimated $2.7 billion each year from unemployment and underemployment stemming from criminal convictions.9 Additionally, incarceration can set individuals up to repeatedly cycle through the criminal justice system, worsening labor market outcomes and increasing dependence on public assistance.10 Mississippi has the highest prison population relative to its resident population of any state in the U.S.11 While the criminal justice system plays a crucial role in public safety, an overreliance on incarceration can exacerbate problems instead of providing solutions.

The issue of drug use may be one instance where incarceration is causing more problems than it’s solving.

The most recent data available shows that drug offenses represented 37% of all prison admissions in Mississippi during 2022. This includes all drug crimes, including sales, but drug possession is the most common type of crime in this category by far.13

Mississippi has the highest prison population relative to its

incarceration is an unhelpful intervention for most individuals who face drug dependency problems. There is little evidence it will reduce their dependence on drugs following prison, and a prison sentence has long-term effects on job prospects, total earnings, housing options, and educational opportunities.18

resident population of any state in the U.S.

Prison often makes it harder, not In fact, in 2022, more than half of the easier, for people to recover from people sentenced to a Mississippi prison addiction.

on a drug charge were sent there on a drug possession charge.14 The average length of their sentence was more than OPPORTUNITIES FOR six years, and the average age of the POLICYMAKERS TO person at the time of their sentencing SUPPORT A STRONG was 37.15 That means that in just one year, Mississippi sent nearly 1,500 people WORKFORCE to prison for drug possession, many of whom were in their prime working There is a consensus that preventing years.16 addiction is preferable to the much more significant challenge of overcoming it They will leave the system with a felony once it develops. Similarly, preventing record to join hundreds of thousands unnecessary criminal records on the of other Mississippians who find it front end is a much more effective way virtually impossible to secure gainful to preserve workforce opportunity employment because of that criminal than trying to overcome the obstacle record, impacting whole families for of a criminal record for years to come. decades to come.

Mississippi lawmakers can help reduce the state’s dependency on incarceration On average, people who have as well as minimize the long-term been to prison see their potential harm that can happen, even when incarceration is necessary. These steps income cut in half over a lifetime, include:

and even a minor misdemeanor conviction produces an average Reduce or Remove Criminal lifetime earnings loss of 16%.17 Penalties for Drug Possession In addition to the negative impact on employment opportunities,

Lawmakers can revise current laws, ensuring minor offenses like drug

possession are either considered a misdemeanor or are no longer categorized as crimes at all.

Opportunities for supportive services or educational programs that can address the underlying reasons for a person’s drug use or addiction are far more likely to help.

Support Job Training and Education for People in Prison For people already in prison on drug charges, learning skills and receiving education reduces recidivism and helps prepare them for successful re-entry into the community.

Reduce Probation and Parole Lengths for Non-Violent Offenders While an arrest generally leads to Expand Access to Intervention Courts

more obstacles for a person, someone struggling with addiction might commit another crime, such as theft, to gain enough money to support their drug use. In situations like this, in which addiction is the underlying problem, intervention courts can provide accountability without immediately turning to incarceration. By offering treatment opportunities to drugdependent individuals, intervention courts can help the person turn their life around while improving public safety by addressing the core issue rather than the behavior stemming from it.

Shortening the duration of probation and parole can ease reintegration efforts and allow individuals greater opportunities to rebuild their lives. Policymakers can revise guidelines to make terms more proportional to the offense, ensuring non-violent offenders are not unduly burdened post-release.

Expand Expungement Programs to Ease a Lifetime Burden Lawmakers can legislate broader criteria for expungement, allowing those with drug-related offenses a chance to have their records cleared or sealed, giving

them a better chance at rebuilding their lives without the added burden of a criminal record. In order to achieve a high rate of success, these programs need to be easy for people to learn about and not cost-prohibitive to participate in. The most effective option is for expungement to happen automatically and without the individual being required to obtain counsel or re-enter a courtroom.

Several states, including Pennsylvania, Utah, and Michigan, have created automatic expungement programs for those formerly incarcerated, often citing efforts to expand qualified labor for area businesses.20

OPPORTUNITIES FOR BUSINESS LEADERS TO SUPPORT A STRONG WORKFORCE

When it comes to minimizing the impact drug use can have on the state’s workforce and in the workplace, there are two key roles businesses can play. The first is to actively engage with the state legislature in support of reform that will improve the availability and quality of the state’s resident workforce. The second is to establish a workplace environment that is supportive of workers and creates clear Lawmakers can ensure that policies and fair expectations and standards. don’t stand in the way of health-centered approaches to drug use and addiction. Advocate for Reform that Builds They can also reduce overall dependency a Better Workforce on the criminal justice system in favor of more effective solutions that build up One of the most important roles the workforce and remove obstacles to businesses can play is advocating for legislative proposals that remove opportunity and the dignity of work. barriers to employment and increase the use of effective health-centered approaches to drugs and addiction.

Create a Work Environment with choose to vet employees in this way or are required to by federal requirements, Clear Expectations An employer’s most direct contribution to addressing the challenges of drug use and addiction in Mississippi is in creating a healthy work environment in which employment expectations are clear, employees are educated about substance use disorder, and they understand which options are available to them if they’re privately struggling with an addiction. Proactively communicating expectations and options for help is far more effective than relying on policies aimed at punishing employees struggling with a substance use disorder after problems at work begin. Having clear job performance expectations set, as well as clear drug use standards, can give employers the opportunity to see problems in the workplace and address them proactively, which may help employees realize the impact of their substance use early and get help before it causes poor performance and termination of employment. While employers should not intrude into their workers’ personal lives, they can evaluate job performance and identify problems early, benefitting the employee and the business.

Emphasize Performance Testing over Drug Testing Many businesses use drug testing to identify potential problems with their employees. As a practical matter, however, studies are mixed on their success21 and the most ardent advocates for drug testing often seem to be the drug testing companies themselves. Many

state laws, or contract requirements.

But often, they find that drug testing is a much less effective means of performance measure compared to directly measuring performance. The key is often whether the individual does a good job and meets or exceeds expectations at work. If employees are performing and the business is following requirements, testing for drugs is often unnecessary.

It is also worth noting that drug testing policies can inadvertently encourage individuals to use drugs with a higher risk profile to avoid detection. Not all drugs are detectable for the same amount of time following use, and cannabis persists the longest of all the federally illicit drugs. Because of this, drug testing requirements can inadvertently lead drug-tested workers to riskier substances that are harder to detect through drug testing, ultimately increasing harm rather than decreasing it.

Employee Assistance Programs Next, employers can consider programs that aid those in need of help.

Federally backed Employee Assistance Programs (EAPs) are programs that provide support to employees and their families for various issues. They provide confidential counseling services, resources, and support to help employees deal with personal or workrelated issues that may impact their mental health, job performance, or overall well-being. EAPs can include

assistance with the challenges associated with drug addiction and abuse, such as counseling, rehabilitation, and other support services for those struggling with addiction. For small businesses, EAP services can be obtained through insurance carriers or by forming a consortium to get cost-effective rates.22 Considering the low rates with which individuals who struggle with opioid addiction are able to get counseling, medical, or other assistance, employers can play a vital role in ensuring that employees know what help is available to them and that asking for help will not be punished. This proactive approach can help employees access the help they need early on, decreasing the chances that the challenges they’re facing personally will jeopardize their job performance and employment.

of managers surveyed indicated that the “quality of hire” for workers with criminal records was as high or higher than that for workers without records.

In addition, employees with a criminal record will, on average, stay with their employer 10% longer than those without.26 Employers that can provide stable, full-time employment for people who have been involved in the justice system are significantly contributing to reducing recidivism.27

Hiring Practices that Look for Potential

Businesses can provide critical influence by actively supporting legislative reform that aims to generate a stronger workforce with fewer barriers to gainful employment. They can also cultivate stable and supportive work environments and encourage employees to be proactive with their health, getting help for addiction before it impedes their job performance and leads to termination.

A criminal record is a significant barrier for individuals seeking employment.

Employers can help people access a second chance by adopting hiring practices that emphasize capability over history when possible. Some businesses may need to know criminal histories for a variety of reasons, but if they can offer a second chance, getting to know applicants for the person they are today rather than only looking at their past can provide valuable opportunities.

Beyond giving people a chance to provide for themselves and their families, businesses also stand to gain from this practice. For instance, 81%

By adopting these strategies, employers can not only help mitigate the negative impact of incarceration on the labor market but also contribute positively to the lives of individuals who have already been incarcerated and are seeking to reintegrate into society and make a meaningful contribution.

CONCLUSION Mississippi’s business community is grappling with significant challenges, including substance misuse, a workforce where more than 1 in 4 adults have a criminal conviction, and a deficit of skilled and available personnel as a result. It will require a concerted effort by the state’s lawmakers, policymakers, economic and workforce development agencies, the state’s business community, and many others. This report offers steps several of these groups could take, but more solutions should be considered.

portunity to participate in an intervention court rather than be incarcerated.

For those who do go to prison, there can be job training and educational opportunities to prepare citizens to re-enter society and the workforce. Probation lengths can be reduced, and the state can use automatic expungement to help individuals as they seek to build a thriving life.

Businesses can play a significant role in advocating for reform that can build a more available, skilled, and healthy workforce. In the workplace, they can create a positive work environment for Incarceration is a costly and their employees, set fair expectations ineffective response to drug about drug use, emphasize performance testing over drug testing when possible, use, negatively impacting use Employee Assistance Programs, and individuals’ long-term pros- educate employees. When it comes to pects in employment, among oth- people who already have a criminal reer things, while failing to helpful- cord, employers can use hiring practices that support the reintegration and sucly address the underlying cause of cess of formerly incarcerated individuthe person’s drug use. als.

Addressing drug use as a health issue instead of a criminal justice issue is one way to prevent more economic loss as well as give more people an opportunity to provide for themselves and their families. Mississippi risks continuing unnecessary barriers to employment and economic growth without a shift away from incarceration on the front end and second chance hiring on the back end.

Mississippi could adopt health-centered measures to address the underlying causes of drug dependency, as well as mitigate post-detention barriers that keep individuals from fully re-entering the workforce after they’ve been involved in the justice system. Together, Mississippi businesses and lawmakers can partner to help build a more available, skilled, and healthy workforce so more Mississippians can experience Policymakers can identify new oppor- the dignity of work and can provide for tunities to avoid unnecessary incarcera- themselves and their families. tion, including for those struggling with substance use disorder. When arrest is unavoidable, policies can offer the op-

APPENDIX U.S. Bureau of Labor Statistics, States and selected areas: Employment status of the civilian noninstitutional population, January 1976 to date, seasonally adjusted, https://www.bls.gov/web/laus/ ststdsadata.txt, and see Sara DiNatale, Why Mississippi’s 3.6% unemployment rate isn’t the full picture of what businesses are facing, Mississippi Today, August 29, 2022, and Shad White, Michael Piazza, Logan Reeves, Mississippi: Money Down the Brain Drain: Are Taxpayers Getting Their Money’s Worth?, Office of the State Auditor for the State of Mississippi, April 2022, https://www. osa.ms.gov/documents/Special_Reports/Brain%20Drain%20Report.pdf 1

U.S. Bureau of Labor Statistics, Employment status of the civilian noninstitutional population, 1953 to date, https://www.bls.gov/cps/cpsaat01.htm.

2

Scott Cohn, America’s worst state for business: Mississippi is cheap, but its workforce weak, CNBC, July 13, 2022, https://www.cnbc.com/2022/07/13/workforce-makes-mississippi-americas-worst-state-for-business.html 3

Substance Abuse and Mental Health Services Administration (SAMHSA), National Survey on Drug Use and Health (NSDUH), December 2023, https://www.samhsa.gov/data/release/2022national-survey-drug-use-and-health-nsduh-releases; Substance Abuse and Mental Health Services Administration (SAMHSA), National Survey on Drug Use and Health (NSDUH) State Data Releases, March 2023, https://www.samhsa.gov/data/nsduh/state-reports-NSDUH-2021.

4

The Mississippi Opioid and Substance Use Disorder Program, Mississippi State Department of Health, https://msdh.ms.gov/page/44,0,382,61.html 5

Gary Pettus, Justice Dept. grants $6M to confront opioid abuse, save lives, The University of Mississippi Medical Center, https://www.umc.edu/news/News_Articles/2020/11/Grant-to-treatopioid-addiction.html 6

Alison Silveira, The Cost of Doing Business: Why Criminal Justice Reform Is the Right Investment to Strengthen Mississippi’s Economy and Workforce, fwd.us, June 2023, https://www.fwd.us/ news/ms-workforce-brief/.

7

8

Ryan Larson et al., Felon history and change in U.S. employment rates, 103 Soc. Sci. Res. 1 (2022)

9

Alison Silveira, supra note 9.

Michael Mueller-Smith, The Criminal and Labor Market Impacts of Incarceration, August 18, 2015.

10

E. Ann Carson, et al., Prisoners in 2022 – Statistical Tables, Bureau of Justice Statistics, November 2023, https://bjs.ojp.gov/library/publications/prisoners-2022-statistical-tables.

11

Corrections and Criminal Justice Oversight Task Force, 2023 Final Report, January 2024, https:// www.mdoc.ms.gov/sites/default/files/2024-01/Jan%202024%20Final%20Report_Task%20Force. pdf.

12

Mississippi Department of Corrections, FY 2022 Annual Report, January 2023 (showing that 58% of those incarcerated for drug offenses are there for possession offenses).

13

14

Mississippi Department of Corrections, supra note 13.

15

Mississippi Department of Corrections, supra note 13.

16

Mississippi Department of Corrections, supra note 13.

Terry-Ann Craigie et al., Conviction, Imprisonment, and Lost Earnings, Brennan Center for Justice (2020), https://www.brennancenter.org/sites/default/files/2020-09/EconomicImpactReport_ pdf.pdf.

17

Pew Charitable Trust, More Imprisonment Does Not Reduce State Drug Problems, March 8, 2018, https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/more-imprisonment-does-not-reduce-state-drug-problems.

18

J.J.Prescott and Sonja B. Starr, Expungement of Criminal Convictions: An Empirical Study, Harv.

L. Rev. 133, no. 8 (2020).

19

Clean Slate Initiative, Clean Slate in the States, November 2023, https://www.cleanslateinitiative. org/states.

20

National Research Council and Institute of Medicine Committee on Drug Use in the Workplace, Under the Influence? Drugs and the American Work Force, National Academies Press, 1994, https://nap.nationalacademies.org/catalog/2118/under-the-influence-drugs-and-the-americanwork-force 21

U.S. Department of Health and Human Services, Employee Assistance Program (EAP), January 13, 2022, https://www.hhs.gov/about/agencies/asa/foh/bhs/employee-assistant-program/index. html.

22

Naomi F. Sugie, et al., Employer aversion to criminal records: An experimental study of mechanisms, 58 Criminology 5, February 2020, https://onlinelibrary.wiley.com/doi/10.1111/17459125.12228.

23

Second Chance Business Coalition, Get Started, 2024, https://secondchancebusinesscoalition. org/get-started.

24

Charles Koch Institute & Society for Human Resource Management, 2021 Getting Talent Back to Work Report, Society for Human Resource Management (2021), https://www. gettingtalentbacktowork.org/wp-content/uploads/2021/05/2021-GTBTW_Report.pdf?_ ga=2.52394473.1932981690.1633354394-986759384.1630678635 25

26

Dylan Minor et al., Criminal background and job performance, 7 IZA J. Labor Pol’y (2018)

Simon Kolbeck, et al., Does Stable Employment after Prison Reduce Recidivism Irrespective of Prior Employment and Offending?, 41 Just. Q. 38, April 20, 2023, https://www.tandfonline.com/ doi/abs/10.1080/07418825.2023.2201330.

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