AB 736

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 the Council on Offender

Employment, which may issue a certificate of qualification for employment (CQE)

that grants relief to the person from ineligibility for or disadvantage related to

employment, occupational licensing, or occupational certification.

Under the bill, a person who has been convicted of a nonviolent crime and

released from confinement may apply to the council for a CQE after he or she has

served a term of incarceration of at least 24 consecutive months or after he or she has

served a term of incarceration of at least 12 consecutive months and a term of

extended supervision of at least 12 consecutive months. Under the bill, the

Department of Corrections must supply the council with information gathered

during the person's period of incarceration and supervision that the council may use

to determine whether to grant a CQE.

Under the bill, the council must grant a person's application for a CQE if the

council finds that the person is not likely to 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. The council may not 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 received 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 also 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.