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F I S C A L I M P A C T R E P O R T

SPONSOR Maestas

ORIGINAL DATE

LAST UPDATED

1/29/08

HJM 13

SHORT TITLE Criminal Offender Employment Act Cooperation

SB

ANALYST Lucero

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total $0.1

$0.1

$0.1

$0.1 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB223 “Continue Task Force on Employment Barriers"

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Workforce Solutions (DWS)

Regulation and Licensing Department (RLD)

State Personnel Office (SPO)

Department of Finance and Administration (DFA)

Public Education Department (PED)

New Mexico Corrections Department (NMCD)

SUMMARY

Synopsis of Bill

House Joint Memorial 13 directs each state agency to comply with all of the provisions of the

Criminal Offender Employment Act, to apply the presumption of sufficient rehabilitation set

forth in that act, and to cooperate with the Workforce Solutions Department and the task force

formed pursuant to House Memorial 41 and Senate Joint Memorial 4 passed in the 2007

Legislative session to develop a better understanding of and to consistently apply the provision

of the Criminal Offender Employment Act.

FISCAL IMPLICATIONS

There is no appropriation contained in this bill; however, there is a potential administrative

expense to state agencies to train staff on the provisions of the Criminal Offender Employment

Act.

House Joint Memorial 13 – Page

2

SIGNIFICANT ISSUES

The Workforce Solutions Department (WSD) reports that 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 Mexican citizens. Currently, WSD

works with the Corrections Department to provide career services to individuals with a criminal

conviction.

The Regulation and Licensing Department (RLD) states that all boards and commissions within

the Regulation and Licensing Department’s Boards and Commissions Division are required to

comply with the Criminal Offender Employment Act [28-2-1 NMSA 1978] and all but four

(Nutrition and Dietetics Practice Board, Interior Design Board, Respiratory Care Advisory Board

and Private Investigators and Polygraph Advisory Board) specifically provide for compliance in

their enabling statutes.

NMCD already complies with the Criminal Offender Employment Act, and will cooperate fully

with the task force. However, it is important to remember that convicted felons are disqualified

by law (Section 33-1-11 NMSA) from ever working as correctional officers for NMCD, and

NMCD’s largest number of vacancies is correctional officer positions.

The 2007 Legislature authorized a task force to convene and report back on barriers to public

employment for persons with criminal convictions. The task force found:

•

That state agencies are inconsistently applying the provisions of the Act, including the

provision for a presumption of sufficient rehabilitation for certain individuals;

•

That implementation of the Act is limited due to a lack of understanding and inconsistent

interpretation of the law.

•

Most persons with criminal convictions have barriers to employment related to those

convictions and associated behavioral and educational issues, which can include “spotty"

work histories, low skill levels, and physical and mental health problems.

(

http://reentrypolicy.org/http

)

•

The Criminal Offender Employment Act, 28-2-3.A, Employment Eligibility Determination,

states that subject to the provisions of Section B (which provides that records of arrest not

followed by a valid conviction and misdemeanor convictions not involving moral turpitude

shall not be used in connection with an application for any public employment, license or

other authority), in “determining eligibility for employment with the state or any of its

political subdivisions or for a license, permit, certificate or other authority to engage in any

regulated trade, business or profession, the board or other department or agency having

jurisdiction may take into consideration the conviction, but such conviction shall not operate

as an automatic bar to obtaining public employment or license or other authority to practice

the trade, business or profession".

•

In 28-2-4, Power to refuse, renew, suspend or revoke public employment or license, the state

and its political subdivisions can refuse to grant employment for certain causes to persons

with convictions but must explicitly state in writing the reasons for their decision to do so.

Completion of probation or parole supervision or expiration of a period of three years after

final discharge or

release from any term of imprisonment without any subsequent conviction

shall create a presumption of sufficient rehabilitation for purposes of Paragraph (2) of

Subsection A of this section, which provides that where moral turpitude is involved but the

conviction does not directly relate to the particular employment, the employer can make the

House Joint Memorial 13 – Page

3

determination, after investigation, that the person has not been sufficiently rehabilitated to

warrant the public trust.

ADMINISTRATIVE IMPLICATIONS

The department of workforce solutions is asked to work with other agencies to ensure that state

agencies are complying with all of the provisions of the criminal offender employment act.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to HB223 “Continue Task Force on Employment Barriers"

Relates to Appropriation in the General Appropriation Act

OTHER SUBSTANTIVE ISSUES

The public at large is best protected when criminal offenders are given the opportunity to secure

employment or to engage in a lawful trade, occupation or profession.

According to the Criminal Offender Employment Act, “completion of probation or parole

supervision or expiration of a period of three years after final discharge or release from any term

of imprisonment without any subsequent conviction shall create presumption of sufficient

rehabilitation" when the criminal conviction does not directly relate to the particular

employment.

ALTERNATIVES

The governor could issue an executive order directing state agencies to provide evidence of their

full compliance with the criminal offenders employment act.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status quo.

DL/bb