2023 -- H 5209

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LC000021

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS -- REHABILITATION OF OFFENDERS

     Introduced By: Representatives Corvese, Vella-Wilkinson, Fellela, and Solomon

     Date Introduced: January 19, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-1 of the General Laws entitled "Identification and Apprehension

of Criminals" is hereby amended by adding thereto the following section:

     12-1-18. Rehabilitation of offenders -- Prohibition of discrimination.

     (a) Legislative intent. The general assembly finds that the public is best protected and

served when criminal offenders are rehabilitated and returned to society prepared to take their

places as productive citizens and that the ability of returned offenders to find meaningful

employment is directly related to their normal functioning in the community. It is therefore the

policy of this state to encourage all employers to give favorable consideration to providing jobs to

qualified individuals, including those who may have criminal conviction records.

     (b) Except as provided in subsection (c) of this section, and notwithstanding any other

provisions of law to the contrary, a person shall not be disqualified from employment by the state

or any of its agencies, nor shall a person be disqualified to practice, pursue or engage in any

occupation, trade, vocation, profession or business for which a license, permit, certificate or

registration is required to be issued by the state or any of its agencies solely because of a prior

conviction of a crime.

     (c) Except for a position for which any provision of the general laws specifically

disqualifies a person from employment by the state or any of its agencies because of a prior

conviction of a crime, no employer shall inquire about a prospective employee’s past convictions

until such prospective employee has been deemed otherwise qualified for the position.

     (d)(1) A person may be denied employment by the state or any of its agencies, or a person

may be denied a license, permit, certificate or registration to pursue, practice or engage in an

occupation, trade, vocation, profession or business by reason of the prior conviction of a crime if,

after considering:

     (i) The nature of the crime and its relationship to the job for which the person has applied;

     (ii) Information pertaining to the degree of rehabilitation of the convicted person; and

     (iii) The time elapsed since the conviction or release, the state or any of its agencies

determines that the applicant is not suitable for the position of employment sought or the specific

occupation, trade, vocation, profession or business for which the license, permit, certificate or

registration is sought.

     (2) In making a determination under this subsection, the state or any of its agencies shall

give consideration to a certificate of rehabilitation issued pursuant to subsection (g) of this section

and such certificate of rehabilitation shall establish a presumption that such applicant has been

rehabilitated. If an application is denied based on a conviction for which the applicant has received

a certificate of rehabilitation, the state or any of its agencies, as the case may be, shall provide a

written statement to the applicant of its reasons for such denial.

     (e) If a conviction of a crime is used as a basis for rejection of an applicant, such rejection

shall be in writing and specifically state the grounds presented and reasons for rejection. A copy of

such rejection shall be sent by registered mail to the applicant.

     (f) In no case may records of arrest, which are not followed by a conviction, or records of

convictions, which have been expunged or sealed, be used, distributed or disseminated by the state

or any of its agencies in connection with an application for employment or for a permit, license,

certificate or registration.

     (g) Upon completion of any filing, deferred sentence, probationary sentence, suspended

sentence or sentence of incarceration, the department of probation and parole, shall, if the offender

has successfully completed the sentence imposed, and such sentence does not require the offender

to register pursuant to chapter 37.1 of title 11, issue a certificate of rehabilitation to the offender

which shall indicate that the offender has completed all conditions of the sentence imposed and has

otherwise been and considered rehabilitated. The certificate of rehabilitation may be used by any

person when applying for employment in this or any other state.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS -- REHABILITATION OF OFFENDERS

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     This act would prohibit any employer, including the state or any agency thereof, from

denying any person employment based on a prior criminal conviction and would prohibit the state

from disqualifying any person from engaging in any occupation for which a license, permit or

certificate of registration is required based on a prior conviction.

     This act would take effect upon passage.

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