BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1702|
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THIRD READING
Bill No: AB 1702
Author: Maienschein (R), et al.
Amended: 4/23/14 in Assembly
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 9-0, 6/16/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Torres
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/15/14 (Consent) - See last page for
vote
SUBJECT : Professions and vocations: license: incarcerated
individuals
SOURCE : AFSCME Local 2620
DIGEST : 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/her application delayed or
denied solely on the basis that some or all of the requirements
were completed while the individual was incarcerated; and
exempts the Board of Chiropractic Examiners (BCE) from these
requirements.
ANALYSIS :
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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/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, is grounds for
suspension or revocation of license.
2. 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.
3. Specifies that no person shall be denied a license solely on
the basis that he/she has been convicted of a felony if
he/she has obtained a certificate of rehabilitation, as
specified, or that he/she has been convicted of a
misdemeanor, if he/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.
4. 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.
5. 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.
6. Requires a board that has denied an application for a
license, as specified, to include a copy of the criteria
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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.
7. Provides for the licensure and regulation of the chiropractic
profession by the BCE under an Initiative Act.
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/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 nothing in this bill shall be construed to
limit the ability of a board to deny a license for other
grounds, as specified.
3. Provides that this bill does not apply to a petition for
reinstatement of a license or to the licensure of individuals
under the Chiropractic Act, as specified.
Background
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.
Existing law authorizes boards to deny a license based on
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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 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 will not interfere
with the current program offered by BBC.
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.
The author's office believes this bill ensures 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.
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Barriers to employment for individuals who have criminal
convictions . According to the author's office, numerous studies
and research have been conducted about employment barriers for
individuals who have criminal records. In 2011, U.S. 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% after they return to their communities.
Under existing 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 existing 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.
BCE exemption . 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.
Comments
According to the author, "this bill is needed to create
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/30/14)
AFSCME Local 2620 (source)
American Probation and Parole Association
Association of American Physicians and Surgeons
California Board of Accountancy
California Catholic Conference, Inc.
California Communities United Institute
California Correctional Peace Officers Association
Californians United for a Responsible Budget
Drug Policy Alliance
Legal Services for Prisoners with Children
Los Angeles Probation Officers' Union, AFSCME Local 685
National Employment Law Project
Riverside Sheriffs' Association
The Women's Foundation of California
OPPOSITION : (Verified 6/30/14)
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Board of Behavioral Sciences
Board of Psychology
ARGUMENTS IN SUPPORT : The California Correctional Peace
Officers Association 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 continue to be a financial dependent on state and local
governments."
Other supporters state that 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 will
also be effective in helping to lower the rates of recidivism in
California.
ARGUMENTS IN OPPOSITION : The Board of Psychology is 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.
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
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Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Vacancy
MW:d 7/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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