NCJ Number
241609
Date Published
September 2012
Length
20 pages
Annotation
This report reviews provisions of State legislation passed or introduced in 2012 for the purpose of reducing the collateral consequences of felony convictions that can impact ex-offenders' opportunities for housing, employment, education, voting, and other opportunities available to the general population.
Abstract
The review found that among State legislatures, there is a growing bipartisan awareness of the long-term collateral consequences of a felony conviction that go beyond the requirements and conditions of the court-imposed sentence. The types of legislative provisions examined in this review are categorized as "ban the box," employer negligent hiring protections; expungement and sealing; Federal public benefits opt-out legislation; felony enfranchisement; and State legislation related to the Uniform Collateral Consequences of Conviction Act. The latter is model legislation developed by the American Bar Association's Uniform Law Commission to address the impact of collateral consequences of a felony conviction by providing a relief mechanism for those affected. One State (Colorado) adopted a "ban the box" policy, which delays background checks by employers until later in the hiring process; seven States introduced legislation to adopt or expand "ban the box" policy. At least eight States considered new limitations on negligent hiring liability, although only one (Ohio) ultimately adopted new protections. Eight States enacted provisions to expunge or seal criminal history information as a measure designed to eliminate barriers to employment. Another eight States introduced such legislation. At least four States introduced laws intended to improve access to public benefits for persons with certain convictions. Five States introduced legislation that would significantly mitigate the effects of collateral consequences for individuals who plead guilty. The States that have introduced or enacted these various categories of legislation are named. A summary table shows the status of relevant legislation by State and the issues such legislation addresses.