Hurdle to employment in recovery programs could be removed

People who have survived addiction, achieved sobriety, and rebuilt their lives can make the biggest impact in the lives of people trying to do the same thing.

“They turn their lives around … and then they are the most motivated, the most inspiring role models we could possibly have in treatment,” Tim Walsh, vice president of Mn Adult and Teen Challenge, told the House Health and Human Services Policy Committee Wednesday.

But, because of their histories of addiction, these people often have criminal records that disqualify them from employment in the very line of work where they can make the biggest impact.

HF1543, sponsored by Rep. Raymond Dehn (DFL-Mpls), would make it easier for people with criminal records tied to a history of drug addiction to work in the field of substance use disorder treatment.

Rep. Raymond Dehn

The bill was approved, as amended, and sent to the House Floor. A companion, SF1694, is sponsored by Rep. Jim Abeler (R-Anoka) and awaits action by the full Senate.

After someone is disqualified from work in a treatment program because of a criminal history tied to addiction, they can seek a “set aside” to bypass that determination. But the process is arduous, time-consuming, and taxing for the employees, their families, their employers, and their clients, testifiers said.

About 80 percent of the people who receive disqualification notices drop out of the process there, due to discouragement and a dread of the set-aside process, Walsh said.

Troy Jelinek, a program coordinator at Mn Adult and Teen Challenge, is one of the few who persisted after receiving a disqualification notice one year into his employment there. The reason: a couple of felony drug possession convictions acquired during 20 years of heroin and methamphetamine addiction.

“That was devastating for me,” he said. “I can sympathize and empathize with almost every single client that we have and I believe my history makes me a very impactful employee.”

It felt unnecessary and intrusive to throw his employment status into question and force him rehash the past crimes, “considering that’s kinda what I use as my resume,” Jelinek said.

Individuals who have successfully completed treatment and can demonstrate their abstinence from controlled substances would not be disqualified for non-violent crimes like drug possession. Convictions for violent crimes would still be grounds for disqualification.

The bill would also exempt people from the set-aside process if they have already been cleared for employment by another program or agency, saving unnecessary hassle for both employees and employers, Dehn said.

The proposed legislation would help address workforce shortages and ties into broader work being done to allow for more flexibility in hiring decisions, said Rep. Tina Liebling (DFL-Rochester).