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A JOINT MEMORIAL

REQUESTING THAT THE SECRETARY OF LABOR CONVENE A TASK FORCE TO

REVIEW BARRIERS TO PUBLIC EMPLOYMENT FOR PERSONS WITH CRIMINAL

CONVICTIONS AND TO MAKE RECOMMENDATIONS THAT COULD REMOVE

BARRIERS WHILE PROTECTING THE PUBLIC.

WHEREAS, the state of New Mexico should be committed to

improving the effectiveness of facilitating the reentry of

persons with criminal convictions into its communities and

reducing the incidence of recidivism; and

WHEREAS, gainful employment after release from prison is

a critical element necessary to help persons with criminal

convictions achieve successful reentry after prison, to reduce

recidivism and to make communities safer; and

WHEREAS, in the Criminal Offender Employment Act, the

New Mexico legislature found that the public is best protected

when criminal offenders or ex-convicts are given the

opportunity to secure employment or to engage in a lawful

trade, occupation or profession and that barriers to such

employment should be removed to make rehabilitation feasible;

and

WHEREAS, pursuant to the Criminal Offender Employment

Act, a misdemeanor or felony conviction shall not operate as

an automatic bar to obtaining public employment or a license

or other authority to practice a particular trade, business or

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profession; and

WHEREAS, other state laws and the rules, policies and

practices of boards and agencies that have jurisdiction over

public employment or the practice of any trade, business or

profession may impose barriers on the employment of persons

with criminal convictions; and

WHEREAS, a comprehensive review of these statutes,

rules, policies and practices should be undertaken to evaluate

whether existing barriers are related to the safety, trust and

responsibility required of the job or to determine whether a

less restrictive approach could protect the public while

preserving employment opportunities;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE

STATE OF NEW MEXICO that the secretary of labor be requested

to convene a task force to review barriers to public

employment for persons with criminal convictions and to make

recommendations that could remove barriers while protecting

the public; and

BE IT FURTHER RESOLVED that the task force include the

secretary of labor or the secretary's designee; the

superintendent of regulation and licensing or the

superintendent's designee; the director of the state personnel

board; a representative from the New Mexico women's justice

project; a representative from the New Mexico association of

commerce and industry; a representative from the New Mexico

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federation of labor; a representative from the New Mexico

criminal defense lawyers association; a representative from

the New Mexico district attorney's association; and any other

entities deemed necessary by the secretary of labor; and

BE IT FURTHER RESOLVED that the task force's review and

recommendations include the following:

A. statutory barriers to public employment;

B. barriers to public employment that are based on

criminal records for each occupation under the jurisdiction of

New Mexico's boards and agencies and the relation of the

barriers to the employment;

C. the rationale and necessity for the barriers

and the criteria and procedures an agency or board has adopted

to apply to individual cases;

D. the exemption, waiver or review mechanisms

available to persons with criminal convictions to remove

barriers based on a showing of rehabilitation or otherwise;

and

E. reforms and changes that may be adopted to

safely remove barriers to public employment and to enable

offenders to demonstrate their rehabilitation; and

BE IT FURTHER RESOLVED that the task force be requested

to present its findings and recommendations to the appropriate

interim legislative committee no later than November 1, 2007;

and

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BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the secretary of labor, the superintendent of

regulation and licensing and the director of the state

personnel board.