Creating a procedure for granting certificates of qualification for employment. (FE)

The bill requires DOC to assign an investigator to determine, after consulting with courts, prosecutors, and victims of the person, whether to recommend that the parole commission issue a CQE to the person. Under the bill, the investigator is required to recommend that the parole commission issue a CQE if he or she determines that granting a CQE to the person will not pose a risk to public safety, that the CQE will substantially assist the person in obtaining employment or occupational licensing or certification, and that the person is less likely to commit an additional criminal offense if he or she obtains a CQE.

Under the bill, the parole commission holds a hearing and determines, within 60 days after it receives a recommendation from the investigator, whether to issue a CQE. The bill does not allow the parole commission to issue a CQE that provides relief from ineligibility for certain occupations, licenses, or certifications that are related to certain offenses, that are designed to protect public health and safety, or that have a close connection to the crime for which the person was convicted. Under the bill, generally, if a person who receives a CQE is convicted of a felony or of a Class A or Class B misdemeanor or has his or her probation or extended supervision revoked for committing a criminal offense, the CQE is permanently revoked.

The bill provides limited immunity from civil liability for employers who hire a person who is issued a CQE. Under the bill, the employer is immune from liability for the acts or omissions of the employee unless the employer acted maliciously, with gross negligence, or with intent to cause harm when he or she hired the employee.