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A MEMORIAL

DIRECTING STATE AGENCIES TO COMPLY WITH THE CRIMINAL OFFENDER

EMPLOYMENT ACT AND TO COOPERATE WITH THE WORKFORCE SOLUTIONS

DEPARTMENT ON THE CONSISTENT APPLICATION OF THAT ACT.

WHEREAS, research has shown that obtaining gainful

employment for a person released from prison is a key factor

in rehabilitation, reducing recidivism and ensuring the safety

and security of New Mexico citizens; and

WHEREAS, individuals released from prison encounter many

barriers when seeking employment or a lawful trade, occupation

or profession; and

WHEREAS, in 2007, pursuant to House Memorial 41 and

Senate Joint Memorial 4, the secretary of workforce solutions

convened a task force to review barriers to public employment

for persons with criminal convictions and to make

recommendations for removing those barriers while protecting

the public; and

WHEREAS, the task force found that state agencies are

inconsistently applying the provisions of the Criminal

Offender Employment Act, including Subsection B of

Section 28-2-4 NMSA 1978, which provides for a presumption of

sufficient rehabilitation for certain individuals; and

WHEREAS, currently, implementation of the Criminal

Offender Employment Act is limited due to a lack of

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understanding and inconsistent interpretation of the law;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that each state

agency be directed to comply with all of the provisions of the

Criminal Offender Employment Act, and to apply the presumption

of sufficient rehabilitation set forth in that act; and

BE IT FURTHER RESOLVED that each state agency cooperate

with the workforce solutions department and the task force

formed pursuant to House Memorial 41 and Senate Joint Memorial

4 in the 2007 session to develop a better understanding of and

to consistently apply the provisions of the Criminal Offender

Employment Act; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the secretary of workforce solutions, the

office of the governor and the executive head of every state

agency.