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Bill would create certificate of employability for released inmates; committee hears proponents
Summary
HB 2,327 would authorize the Secretary of Corrections to issue Certificates of Employability to inmates who meet education, disciplinary and job-skills criteria; certificates could be used as evidence of due care in negligent-hiring claims and the secretary would report issuance numbers and recidivism rates annually.
The Committee on Corrections and Juvenile Justice heard testimony on a proposal to create an official Certificate of Employability for certain inmates released from custody.
Jason Thompson, Revisor’s Office advisor, told the panel House Bill 2,327 would require the Secretary of Corrections to issue a certificate to an inmate who (1) earned a high school diploma, GED, college degree or a vocational/technical certification prior to or during incarceration, (2) received no major disciplinary violations in the year before release, and (3) achieved a score on a jobs-skills assessment set by the secretary. The certificate may be revoked if the individual is later convicted of a felony after release; revocation decisions are appealable to the secretary. Thompson said a person who knowingly misrepresents that they hold a certificate would commit a Class B nonperson misdemeanor.
The bill also allows a certificate to be admitted in proceedings involving negligent-hiring claims as evidence that an employer exercised due care by relying on the certificate. Further, the secretary must report annually—by Jan. 15—to the governor and the presiding officers of the legislature on the number of certificates issued and recidivism rates among recipients.
David Morgan of Reason Foundation testified in support by WebEx, describing the certificate as a tool to lower employer risk and improve employment opportunities while noting the bill does not conceal conviction history. Committee members asked whether reliance on the certificate would provide an absolute defense against negligent-hiring claims; the reviser noted the bill’s language says such reliance “may be a defense” and be admissible as evidence, and that courts would still apply evidentiary rules when evaluating claims.
No committee vote was taken on HB 2,327 at the hearing; committee members discussed reporting metrics and whether the required annual report should include demographic or equity data in addition to counts and recidivism rates.
