SB 482

Under current law, a person who has been convicted of a crime may be ineligible

for, or at a disadvantage related to, certain types of employment, occupational

licensing, or occupational certification. This bill creates a certificate of qualification

for employment (CQE) that is issued by the parole commission and that grants relief

to the person from ineligibility or disadvantage related to employment, occupational

licensing, or occupational certification.

Under the bill, a court that sentences a person for a nonviolent crime may

determine that the person may, at a later date, apply to the Department of

Corrections (DOC) for a CQE. The person is eligible to apply for a CQE six months

after he or she is sentenced.

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.