BILL ANALYSIS �
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|Hearing Date: June 16, 2014 |Bill No:AB |
| |1702 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 1702Author:Maienschein
As Amended:April 23, 2014Fiscal: Yes
SUBJECT: Professions and vocations: incarceration.
SUMMARY: This bill 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 on the basis that some or
all of the requirements were completed while the individual was
incarcerated. The bill exempts the Board of Chiropractic Examiners
(BCE) from these requirements.
Existing law:
1)Allows a board to deny a license, as specified, on the grounds that
the applicant has done one of the following: (Business &
Professions Code (BPC) Section 480(a))
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.
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))
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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: (BPC 482)
a) Considering the denial of a license by the board, as
specified; or,
b) Considering suspension or revocation of a license, as
specified.
5)Requires a board that 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: (BPC 486)
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.
6)Provides for the licensure and regulation of the chiropractic
profession by the Board of Chiropractic Examiners under an
Initiative Act. (Stats 1923, initiative measure approved November
7, 1922, effective December 21, 1922.)
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
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the processing of his or her application or the denial of the
license solely on the basis that some or all of the licensure
requirements were completed while the individual was incarcerated.
2)Provides that the above provision shall be construed to limit the
ability of a board to deny a license for other grounds, as
specified.
3)Provides 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.
FISCAL EFFECT: This bill is keyed fiscal . According to the Assembly
Appropriations Committee analysis dated May 7, 2014, this bill will
result in negligible fiscal impact to each of the affected boards.
COMMENTS:
1.Purpose. AFSCME Local 2520 is the sponsor of this measure.
According to the Author, "this bill is needed to create continuity
in the licensing process, while enabling eligible individuals to
receive a professional license, consistent with current law, without
being penalized for previous incarceration." As indicated by the
Author, recidivism is a major problem in California, where the
recidivism rate has hovered near two-thirds. Studies show that many
of these former inmates commit new crimes within the first year of
release. Studies also show that programs that teach prisoners
vocational skills are vital to their successful rehabilitation.
If prisoners have the opportunity to support themselves upon release,
they are far less likely to reoffend and threaten the quality of
life of our communities.
As stated by the Author, "[u]fortunately, current law penalizes
inmates who seek to make better lives for themselves. Those who
have learned vocational skills such as cosmetology and auto repair
while behind bars are often required to wait extended periods of
time before being allowed to apply for a license in their new
profession. This is because the law gives licensing boards the
power to impose additional restrictions on those who have been
convicted of a crime."
2.Background.
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a) 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 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.
b) Delays Regarding 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.
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The Author believes this bill will 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.
c) Barriers to Employment for Individuals Who Have 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
individuals 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 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.
3.Exemption for Board of Chiropractic Examiners (BCE). 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
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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.
4.Related Legislation This Year. AB 2396 (Bonta) of 2014, prohibits a
board from denying a license based solely on a conviction that has
been dismissed, as specified. ( Status: This bill is pending in the
Senate.)
5.Previous Legislation. AB 2423 (Bass, Chapter 675, Statutes of 2008)
permits specified DCA boards and bureau to issue a probationary
license or registration for individuals who have a dismissed
conviction 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. ( Status: 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.
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.
6.Arguments in Support. The California Correctional Peace Officers
Association writes in support and states: "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
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continue to be a financial dependent on state and local governments.
For these reasons, we urge your support for this important
measure."
According to other supporters of this measure, this bill addresses a
common problem for people coming out of prison and jail - they may
have been trained for a trade while incarcerated but if the trade
requires a license or certification, they may not be able to work at
that trade because of restrictive licensing laws. This bill will at
least assure there are no delays in receiving a license or
certification just because the licensure requirements were completed
while the person was incarcerated. Supporters believe that this
bill helps address a critical problem - the importance of people
finding immediate employment upon reentry and would also be
effective in helping to lower the rates of recidivism in California.
7.Arguments in Opposition. The Board of Behavioral Sciences has a
"Support if Amended" position on this bill and the Board of
Psychology has a position of "Opposition." Both are concerned that
prohibiting a board from delaying the processing of the application
for a license may somehow impede upon their process in determining
whether the conviction is substantially related to the
qualifications, functions, or duties of the profession for which
they are seeking a license. However, recent amendments would seem
to address this concern. It states in subdivision (b) of the bill
that "Nothing in this section shall be construed to apply to a
petition for reinstatement of a license or to limit the ability of a
board to deny a license pursuant to Section 480 ." This would seem
to afford the boards the opportunity to proceed with its process of
making a determination regarding whether there is a substantial
relationship to the crime/conviction or not, even though there may
be some delay in finally issuing the license because of further
investigation conducted by the respective boards regarding this
issue.
SUPPORT AND OPPOSITION:
Support:
AFSCME Local 2620
California Board of Accountancy
California Catholic Conference, Inc.
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California Communities United Institute
California Correctional Peace Officers Association
Drug Policy Alliance
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
Sixty-six individuals
Support if Amended:
Board of Behavioral Sciences
Opposition:
Board of Psychology
Consultant:Bill Gage