NCJ Number
43328
Date Published
1976
Length
31 pages
Annotation
OPERATIONAL STRATEGY USED TO REMOVE LEGISLATIVE AND REGULATORY BARRIERS TO EMPLOYMENT FOR EX-OFFENDERS IS DETAILED; ALSO NOTED THE 21 STATES IN WHICH EFFECTIVE ACTION HAS BEEN ACHIEVED AND STATUS IN REMAINING STATES.
Abstract
THE NATIONAL CLEARINGHOUSE ON OFFENDER EMPLOYMENT RESTRICTIONS, A PROJECT SPONSORED JOINTLY BY THE COMMISSION ON CORRECTIONAL FACILITIES AND SERVICES AND THE SECTION OF CRIMINAL JUSTICE, BOTH OF THE AMERICAN BAR ASSOCIATION, HAD FOUR GOALS: (1) TO GATHER INFORMATION RELATING TO EMPLOYMENT PROBLEMS OF EX-OFFENDERS AND DISTRIBUTE IT; (2) TO CONDUCT A SEARCH OF STATE LAWS RESTRICTING OCCUPATIONAL LICENSING OF FORMER OFFENDERS; (3) TO CONDUCT WORKSHOPS DEALING WITH SUCH JOB RESTRICTIONS; AND (4) TO PROVIDE CONSULTATIVE SERVICES TO ASSIST IN REMOVAL OF SUCH RESTRICTIONS. AS A RESULT OF ITS ACTIVITIES AND PUBLICATIONS, BRIEFLY SUMMARIZED IN THIS REPORT, AND (AFFIRMATIVE EXECUTIVE ACTIONS TAKEN) FEDERAL REPEAL OF AN ORDER FORBIDDING EMPLOYMENT OF WORK RELEASEES BY FEDERAL CONTRACTORS. STATUTORY RESTRICTIONS ON THE EMPLOYMENT OF EX-OFFENDERS HAVE BEEN REMOVED IN 21 STATES: ARKANSAS. CALIFORNIA, COLORADO, CONNECTICUT, FLORIDA, HAWAII, ILLINOIS, INDIANA, IOWA, KANSAS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, MONTANA, NEW JERSEY, NEW MEXICO, OHIO, OREGON, RHODE ISLAND, AND WASHINGTON. STATUS OF BILLS OR EXECUTIVE ORDERS IN THE REMAINING STATES IS SUMMARIZED. A SURVEY OF IMPLEMENTATION OF THE NEW, NONRESTRICTIVE LAWS SHOWS THAT THEY HAVE HAD THE GREATEST IMPACT IN STATES WHERE LICENSING BOARDS ARE UNDER A SINGLE AGENCY OR WHERE A SINGLE UNIT IN THE ATTORNEY GENERAL'S OFFICE RULES ON BOARD DECISIONS. CONVERSELY, WHEN BOARD CONTROL IS SCATTERED AMONG A NUMBER OF STATE AGENCIES, LICENSING DECISIONS APPEAR TO CONTINUE WITHOUT ANYONE'S AWARENESS OF THE CHANGE. NOTIFICATION BY STATE OFFICIALS AND PRISONER RIGHTS GROUPS TO FORMER FELONS IS SPOTTY, DEPENDING UPON THE INITIATIVE OF INTERESTED INDIVIDUALS. DATA ON ENFORCEMENT OF NEW LAWS ARE HARD TO EXTRACT FROM APPLICATION FILES. ALMOST EVERY STATE THAT HAS TAKEN REMEDIAL ACTION HAS HAD PROBLEMS WITH THE DEFINITION 'DIRECT RELATIONSHIP;' A PROVISION IN THE LAWS STATES THAT THE FORMER OFFENDER NOT BE BARRED FROM A LICENSE OR PUBLIC EMPLOYMENT UNLESS IT IS SHOWN THAT THERE IS A DIRECT RELATIONSHIP BETWEEN OFFENSE COMMITTED AND JOB OR LICENSE SOUGHT. ALL INTERVIEWED FELT THE COMMITTEE'S EFFORTS HAD CHANGED ATTITUDES TOWARD THE FORMER OFFENDER AND WOULD HAVE LONG-RUN BENEFITS.