BILL ANALYSIS Ó
AB 1702
Page 1
Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 1702 (Maienschein) - As Introduced: February 13, 2014
SUBJECT : Professions and vocations: incarceration.
SUMMARY : Specifies that an individual who has satisfied the
requirements for licensure while incarcerated and who applies
for licensure after being released from incarceration shall not
have his or her application delayed or denied solely based on
the prior incarceration; and, exempts the Board of Chiropractic
Examiners (BCE) from these requirements. Specifically, this
bill :
1)Specifies that an individual who has satisfied any of the
requirements needed to obtain a license, while incarcerated,
and who applies for licensure upon release from incarceration,
and who is otherwise eligible for the license, may not be
subject to a delay in the processing of his or her application
or the denial of the license solely based on their prior
incarceration, except as specified.
2)Specifies that the above provision does not apply to a
petition for reinstatement of a license or to the licensure of
individuals under the Chiropractic Act, as specified.
EXISTING LAW
1)Allows a board to deny a license, as specified, on the grounds
that the applicant has done one of the following:
a) Been convicted of a crime, as specified;
b) Done any act involving dishonesty, fraud, or deceit with
the intent to substantially benefit himself or herself or
another, or substantially injure another; or,
c) Done any act that if done by a licentiate of the
business or profession in question, would be grounds for
suspension or revocation of license. (Business &
Professions Code (BPC) Section 480(a))
AB 1702
Page 2
1)Authorizes a board to deny a license, as specified, only if a
crime or act is substantially related to the qualifications,
functions, or duties of the business or profession for which
application is made. (BPC 480(a)(3)(B))
2)Specifies that no person shall be denied a license solely on
the basis that he or she has been convicted of a felony if he
or she has obtained a certificate of rehabilitation, as
specified, or that he or she has been convicted of a
misdemeanor, if he or she has met all applicable requirements
of the criteria of rehabilitation, developed by the board, to
evaluate the rehabilitation of a person when considering the
denial of a license, as specified. (BPC 480(b))
3)Requires each board, as specified, to develop criteria to aid
it, when considering the denial, suspension or revocation of a
license, to determine whether a crime or act is substantially
related to the qualifications, functions, or duties of the
business or profession it regulates. (BPC 481)
4)Requires each board, as specified, to develop criteria to
evaluate the rehabilitation of a person when:
a) Considering the denial of a license by the board, as
specified; or,
b) Considering suspension or revocation of a license, as
specified. (BPC 482)
5)Requires a board who has denied an application for a license,
as specified, to include a copy of the criteria relating to
rehabilitation, as specified, and to inform the applicant of
the following:
a) The earliest date on which the applicant may reapply for
licensure, as specified; and
b) That all competent evidence of rehabilitation presented
will be considered upon reapplication. (BPC 486).
FISCAL EFFECT : Unknown
COMMENTS :
AB 1702
Page 3
1)Purpose of this bill . In order to alleviate unnecessary
barriers to employment after incarceration, this bill
specifies that an individual who has completed certain
requirements for licensure while incarcerated cannot have
their application for licensure denied or delayed solely based
on their prior incarceration.
2)Author's statement . According to the author, "The purpose of
[this bill] is to remove any obstacles preventing individuals
who have obtained specific job training [and education], while
incarcerated, from receiving a license for that particular
profession. This bill is necessary because many of the
licensing boards have provisions in place to delay or prevent
a person with a criminal record from receiving a professional
license."
3)Requirements for licensure . Each board under the Department
of Consumer Affairs (DCA) is responsible for enforcing their
licensing standards and ensuring that an applicant has met all
of the specified educational, examination, and experience
requirements necessary for licensure, based on the criteria
set forth in each specified practice act. The individual
boards are tasked with the duty of examining the content of
applications to ensure they have met the appropriate criteria,
including the investigation of criminal convictions.
Current law authorizes boards to deny a license based on certain
elements, including the conviction of a crime for duties
substantially related to the criteria of the profession, and
each board determines what those duties are. Additionally,
boards are required to develop criteria for rehabilitation in
order to potentially address individuals who have been denied
a license based on past convictions. Rehabilitation criteria
are determined directly by the boards and are not uniform.
In 2010, one of the boards under DCA, the Board of Barbering
and Cosmetology (BBC), established a licensing process which
allows an applicant with past convictions to submit an
application prior to enrolling in a school. This allows BBC
to review the convictions and determine if the convictions are
substantially related to the practice prior to a student
paying tuition and completing schooling only to later be
denied licensure.
Additionally, BBC currently has a program in which
AB 1702
Page 4
examinations for their specific licensure categories are
offered in state correctional facilities. According to BBC,
they work closely with the California Department of
Corrections and Rehabilitation to schedule and administer
examinations in the correctional facilities. However, this is
a unique program which is not consistent across the boards,
and this bill would not interfere with the current program
offered by BBC.
4)School approval . The boards under DCA are primarily
responsible for establishing the criteria for curriculum,
coursework, equipment and other relevant materials for schools
within their profession. In addition, most schools are also
approved by the Bureau for Private Postsecondary Education
(BPPE), which requires disclosure of critical information to
students such as program outlines, graduation and job
placement rates, and license examination information, and
ensures colleges justify those figures.
This bill would help to ensure that individuals applying for
licensure who have obtained an education from institutions
approved by both board-approved schools and the BPPE will not
be denied licensure, nor will their application for licensure
be delayed simply because they attended an institution while
incarcerated. If a school has received the appropriate
approval or accreditation, this should not be the reason for
licensure delay.
5)Barriers to employment for individuals with criminal
convictions . According to the author, numerous studies and
research have been conducted about employment barriers for
individuals who have criminal records. In 2011, Attorney
General Eric Holder established the Reentry Council to assist
in the coordination of helping to remove federal barriers to
successful reentry, so that motivated individuals-who have
served their time-are able to compete for a job, attain stable
housing, and support their children and their families.
Information provided by the Council of State Governments,
Justice Center, found that each year nearly 700,000
individuals are released from state and federal prisons and
another 12 million cycle through local jails. More than
two-thirds of state prisoners are rearrested within three
years of their release; half are re-incarcerated. Further, it
was reported that two out of every three men were employed
AB 1702
Page 5
before they were incarcerated, and many were the primary
financial contributors in their households. Individuals who
have been incarcerated can expect future annual earnings to be
reduced by some 40 percent after they return to their
communities.
Under current law, boards under DCA are permitted to make
licensure decisions based on the specific criminal history
reported by an applicant or identified through background
check requirements. This bill does not alter or impede a
board's ability to deny a license if the criminal conviction
merits denial under current law, but may assist other
individuals seeking licensure for different professions if
boards are delaying or denying applications solely on the fact
the applicant's education was achieved during incarceration.
6)Exemption for Chiropractic Board . This bill makes clear that
BCE is exempt from the provisions of this bill because the
Chiropractic Act was created through an initiative measure
approved by the electors of California on November 7, 1922.
As is common with many initiatives, unless the initiative
measure states otherwise, it may not be amended or repealed by
the Legislature without a vote of approval of the electors,
thus prohibiting a legislative change.
7)Arguments in support . The California Correctional Peace
Officers Association writes in support, "If California is
serious about reducing recidivism; it needs to promote work
among the previously incarcerated. Allowing a person who has
met the qualifications for a profession, and has not served
time for a crime related to that profession, to become
licensed represents a sound use of the resources devoted to
that person's training. More importantly, it provides that
individual with a clear path to becoming a productive,
tax-paying member of society, rather than to continue to be a
financial dependent on state and local governments. For these
reasons, we urge your support for this important measure."
8)Author's amendments . The author has requested amendments to
this bill to further clarify the prohibition on delay and
denial based on the fact that the applicant completed some or
all of the licensure requirements while incarcerated. The
author's proposed amendments will continue to provide boards
with the ability to deny a license based on criminal
AB 1702
Page 6
convictions relevant to the duties and functions of a specific
license.
In addition to adding a co-author and making a technical
correction, the amendments are as follows:
On page in line 8, strike "based on the prior
incarceration, except," strike out line 9, and insert "on
the basis that some or all of the licensure requirements
were completed while the individual was incarcerated."
On page 2, in line 11, after "license" insert "or to limit
the ability of a board to deny a license pursuant to
Section 480."
9)Related legislation . AB 2396 (Bonta) of 2014 prohibits a
board from denying a license based solely on a conviction that
has been dismissed, as specified. This bill is pending in the
Assembly Business, Professions and Consumer Protection
Committee.
10)Previous legislation . AB 2423 (Bass), Chapter 675, Statutes
of 2008, permits specified DCA boards to issue initial
licenses on probation and makes other changes related to
licensing and discipline to encourage the employment of
ex-offenders.
AB 1025 (Bass) of 2007, would have provided that an applicant
for a license with a board under DCA may not be denied
licensure or have his or her license suspended or revoked
solely on the basis that he or she has been convicted of a
felony or misdemeanor, provided he or she has obtained a
certificate of rehabilitation and the felony or misdemeanor
conviction was dismissed. A board would be required to
presume the applicant or licensee has been rehabilitated
unless the board proves otherwise. This bill was vetoed by
the Governor.
AB 861 (Bass), Chapter 411, Statutes of 2006, authorized BBC
to issue probationary licenses to applicants, subject to
specified terms and conditions, and required BBC to submit a
report to the Legislature on or before September 1, 2007, on
various aspects and trends of licensing by BBC over a
five-year period.
AB 1702
Page 7
SB 1759 (Ashburn), Chapter 902, Statutes of 2006, made a
number of revisions to criminal clearance provisions for
departments under the jurisdiction of the California Health
and Human Services Agency, including the Department of Health
Services and the Department of Social Services, with regard to
clearance requirements before work.
REGISTERED SUPPORT / OPPOSITION :
Support
AFSCME Local 2620
California Board of Accountancy
California Communities United Institute
California Correctional Peace Officers Association
Legal Services for Prisoners with Children
National Employment Law Project
Riverside Sheriffs' Association
The Los Angeles Probation Officers' Union, AFSCME Local 685
The Women's Foundation
Fifty-two individuals
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301