TESTIMONY IN SUPPORT OF SB 698:

CRIMINAL PROCEDURE – OCCUPATIONAL LICENSES OR CERTIFICATES – ISSUANCE OF A CERTIFICATE OF RELIEF FROM DISABILITIES

TO: Hon. Brian Frosh, Chair, and members of the Senate Judicial Proceedings Committee

FROM: Melissa Chalmers Broome, Senior Policy Advocate

DATE: February 20, 2008

The Job Opportunities Task Force (JOTF) is an independent, nonprofit organization that advocates better jobs, skills training, and wages for low-income workers and job seekers in Maryland. We support SB 698 as a means of increasing the employability of job seekers with criminal records.

A growing number of occupations in Maryland are completely or almost completely closed to people with criminal records. In addition to not being able to work at schools or in a patient care capacity, ex-offenders are either barred or hindered by statute from finding work as cosmetologists, electricians, HVAC apprentices, veterinary technicians, and LPNs to name a few.

In many instances, state and local laws require the automatic disqualification of people with convictions, regardless of whether the applicant is qualified or whether the conviction is relevant to the job.

A Certificate of Relief from Disabilities would help enable non-violent offenders become employable, productive members of society. Licensing authorities would still retain discretion to deny licenses to convicted persons, on grounds specified in the statute, where they believe denials are required by the relationship between the license and the underlying offense, or for public safety.

Six states – Arizona, California, Illinois, Nevada, New Jersey, and New York – currently administer Certificates of Rehabilitation. Although the nature and effect of the certificates vary from state to state, the certificates overall carry certain benefits. Employers who accept Certificates enjoy enhanced protection from legal liability, and have clear guidance regarding who can and cannot be employed in their occupational area. Employers also retain their discretion to individually assess each applicant, and do not feel compelled to reject qualified workers because of statutory bars.

We support SB 695 because ex-offenders who are able to secure employment are more likely to succeed during the process of transition to the community. No one is served when individuals cannot engage in the workforce and remain self-sufficient. For these reasons, we respectfully urge a favorable report.