Addiction recovery advocates seek to loosen barrier crime restrictions in Virginia

RICHMOND, Va. (CN) — Jason Pritchard, a native of Appalachia, asked the crowd to think of the worst thing they've ever done. 

"Now think about what your life would be like if you had to walk with a sign on your back that said that was what I did," Pritchard said at a press conference Monday. "Would you still have the job, the life and the family that you have today?"

The hypothetical question is all too real for former felons like Pritchard, who have struggled to find employment after serving their time in prison on a drug-related conviction.

"We are making them wear a scarlet letter with their offenses that is putting up barriers to their employment," Pritchard said. 

Virginia's extensive list of restrictive barrier crimes, which legally disqualify people with convictions from certain jobs, keeps folks like Pritchard from working as peer recovery specialists for the Department of Health, Department of Social Services and Department of Behavioral Health and Developmental Services (DBHDS).

"Even though I hold all these credentials offered by DBHDS, including ethics, integrated forensic peer support, and CPRS (certified peer recovery specialist) and I now train peers to become certified recovery specialists," Pritchard said, "I cannot serve as a peer recovery specialist in any DBHDS facility due to my justice-involved background." 

Virginia lawmakers introduced legislation for the 2024 session aimed at tackling the shortage of workers who provide substance abuse and mental health services. 

"We are really missing this very committed and powerful workforce that could help us battle this 10-year-long siege of the opioid epidemic," Jimmy Christmas, owner of River City Integrative Counseling, said. "We need bipartisan support to really craft bills and laws that really make it easier and simpler for people who really want to work in this field to become part of this industry so that we can really continue to fight the war on drugs."

Delegate Marcia "Cia" Price, a Democrat, introduced a bill to allow applicants convicted of burglary, misdemeanor assault and most drug charges to apply for employment at an adult substance abuse or adult mental health treatment program or serve on a community service board provided the conviction happened at least three years before applying. 

State Senator Todd Pillion, a Republican, introduced a bill empowering the DBHDS, substance abuse or mental health services providers, community service boards and behavioral health authorities to hire applicants convicted of certain misdemeanor crimes if they pre-date the application date by more than five years. 

Rev. Dana Salley Allen would benefit firsthand from the legislation as someone in recovery from substance abuse disorder for over 30 years. Allen had 18 arrests and survived seven overdoses before she began her passion for helping others navigate life post-substance abuse disorder. 

"I cannot start a business that is licensed by the Virginia Department of Behavioral Health and Developmental Services, even though that is my dream," Allen said at the press conference. "I have to ask myself, what else do they want me to do? I got my rights back, I campaigned for public office, I served in the community, I got my degrees (and) I pay my taxes. What else do you want me to do?"

Rookie delegate Katrina Callsen, a Democrat, hopes to address barrier crimes in foster care with a bill that changes the length from conviction to eligibility for becoming a kinship foster care parent from 10 years to five. The bill also adds exceptions for certain misdemeanor assault and battery convictions not involving the abuse, neglect or moral turpitude of a minor if five years have elapsed since the date of the conviction.

"There are people who are sitting on the House floor right now that would not qualify as kinship foster care placements," Callsen said at the press conference. "That needs to change because we can certainly care for our family members." 

U.S. Department of Justice's Bureau of Justice Statistics found that 46% of federal prisoners and 12.5% of state prisoners are serving time for drug offenses in 2022, a total of nearly 200,000 inmates.

"People change, people recover," Victor McKenzie, executive director of Substance Abuse & Addiction Recovery Alliance of Virginia, said. "People deserve second chances."

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