Connecticut Seal

General Assembly

Amendment

 

February Session, 2012

LCO No. 3762

   
 

*SB0045303762SRO*

Offered by:

 

SEN. MCLACHLAN, 24th Dist.

 

To: Subst. Senate Bill No. 453

File No. 533

Cal. No. 382

Strike lines 35 to 154, inclusive, in their entirety and substitute the following in lieu thereof:

"Sec. 2. Section 54-130e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) For the purposes of this section and sections 31-51i, as amended by this act, 46a-80, as amended by this act, and 54-130a, as amended by this act:

(1) "Barrier" means a denial of employment or a license based on an eligible offender's conviction of a crime without due consideration of whether the nature of the crime bears a direct relationship to such employment or license;

(2) "Direct relationship" means that the nature of criminal conduct for which a person was convicted has a direct bearing on the person's fitness or ability to perform one or more of the duties or responsibilities necessarily related to the applicable employment or license;

[(2)] (3) "Eligible offender" means a person who has been convicted of a crime or crimes in this state or another jurisdiction and who is a resident of this state and is applying or petitioning for a [provisional pardon] certificate of relief from barriers or is under the jurisdiction of the Board of Pardons and Paroles;

[(3)] (4) "Employment" means any remunerative work, occupation or vocation or any form of vocational training, but does not include employment with a law enforcement agency;

[(4)] (5) "Forfeiture" means a disqualification or ineligibility for employment or a license by reason of law based on an eligible offender's conviction of a crime;

[(5)] (6) "License" means any license, permit, certificate or registration that is required to be issued by the state or any of its agencies to pursue, practice or engage in an occupation, trade, vocation, profession or business; and

[(6) "Provisional pardon"] (7) "Certificate of relief from barriers" means a form of relief from barriers or forfeitures to employment or the issuance of licenses granted to an eligible offender by the Board of Pardons and Paroles or the Superior Court pursuant to [subsections (b) to (i), inclusive, of] this section.

(b) The Board of Pardons and Paroles, or the Superior Court pursuant to subsection (j) of this section, may issue a [provisional pardon] certificate of relief from barriers to relieve an eligible offender of barriers or forfeitures by reason of such person's conviction of the crime or crimes specified in such [provisional pardon] certificate. Such [provisional pardon] certificate may be limited to one or more enumerated barriers or forfeitures or may relieve the eligible offender of all barriers and forfeitures. Such certificate shall be labeled by the issuing board or court as a "Certificate of Employability" or a "Certificate of Suitability of Licensure", or both, if deemed appropriate by the issuing board or court. No [provisional pardon] certificate shall apply or be construed to apply to the right of such person to retain or be eligible for public office.

(c) The Board of Pardons and Paroles may, in its discretion, issue a [provisional pardon] certificate of relief from barriers to an eligible offender upon verified application of such [person] eligible offender. The board may issue a [provisional pardon] certificate at any time after the sentencing of an eligible offender, including, but not limited to, any time prior to the eligible offender's date of release from the custody of the Commissioner of Correction, probation or parole. Such certificate may be issued by a pardon panel of the board or a parole release panel of the board.

(d) The board shall not issue a [provisional pardon] certificate unless the board is satisfied that:

(1) The person to whom the [provisional pardon] certificate is to be issued is an eligible offender;

(2) The relief to be granted by the [provisional pardon] certificate may promote the public policy of rehabilitation of ex-offenders through employment; and

(3) The relief to be granted by the [provisional pardon] certificate is consistent with the public interest in public safety, the safety of any victim of the offense and the protection of property.

(e) In accordance with the provisions of subsection (d) of this section, the board may limit the applicability of the [provisional pardon] certificate to specified types of employment or [licenses] licensure for which the eligible offender is otherwise qualified.

(f) The board may, for the purpose of determining whether such [provisional pardon] certificate should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation. Any written report submitted to the board pursuant to this subsection shall be confidential and shall not be disclosed except to the applicant and where required or permitted by any provision of the general statutes or upon specific authorization of the board.

(g) If a [provisional pardon] certificate is issued by the board [while an eligible offender is on probation or parole, the provisional pardon] or the Superior Court pursuant to this section before an eligible offender has completed service of the offender's term of incarceration, probation or parole, or any combination thereof, the certificate shall be deemed to be temporary until the [person] eligible offender completes such [person's period of] eligible offender's term of incarceration, probation or parole. During the period that such [provisional pardon] certificate is temporary, the board or the court that issued the certificate may revoke such [provisional pardon] certificate for a violation of the conditions of such person's probation or parole. After the eligible offender completes such offender's term of incarceration, probation or parole, the temporary certificate shall become permanent.

(h) The board may at any time issue a new [provisional pardon] certificate to enlarge the relief previously granted, and the provisions of subsections (b) to (f), inclusive, of this section shall apply to the issuance of any new [provisional pardon] certificate.

(i) The application for a [provisional pardon] certificate, the report of an investigation conducted pursuant to subsection (f) of this section, the [provisional pardon] certificate and the revocation of a [provisional pardon] certificate shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.

(j) The Superior Court may, in its discretion, issue a certificate of relief from barriers, in accordance with subsections (b) and (g) of this section, to an eligible offender for a judgment of conviction that was entered in such court if the court (1) imposed a sentence that did not require incarceration immediately after sentencing, or (2) imposed a sentence of incarceration of less than two years. The court may issue the certificate at the time of sentencing or at any time thereafter during an offender's period of probation.

(k) A certificate shall not be issued by the court unless the court finds that:

(1) The relief to be granted by the certificate may promote the public policy of rehabilitation of ex-offenders through employment; and

(2) The relief to be granted by the certificate is consistent with the public interest in public safety, the safety of any victim of the offense and the protection of property."

Strike section 5 in its entirety and renumber sections and internal references accordingly