BILL REQ. #:  H-3280.1 

Read first time 01/16/14.   Referred to Committee on Public Safety.

     AN ACT Relating to certificates of restoration of opportunity to support more successful reentry and personal responsibility after criminal justice involvement and promote public safety by reducing recidivism through lifting statutory bars to occupations, licenses or permits that result from a criminal history and often create barriers to employment; and adding a new chapter to Title 9 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that employment is a key factor to the successful reintegration to society of people with criminal histories, and is critical to reducing recidivism, promoting public safety, and encouraging personal responsibility.
     Occupational licensing and employment laws regulate many professions as well as unskilled and semiskilled occupations. Examples of regulated occupations include alcohol servers, barbers and cosmetologists, body piercers, commercial fishers, contractors, drivers, embalmers, engineers, healthcare workers, insurance adjusters, real estate professionals, tattoo artists, and waste management workers. Individuals with criminal histories may meet the competency requirements for these occupations through training, experience, or education, but may be disqualified from them based on their criminal history.
     Certificates of restoration of opportunity help reduce some barriers to employment for adults and juveniles by providing an opportunity for individuals to become more employable and to more successfully reintegrate into society after they have served their sentence, demonstrated a period of law-abiding behavior consistent with successful reentry, and proved that they have turned their lives around following a conviction. Applicants for a license must also meet all other statutory licensing requirements.
     Certificates of restoration of opportunity offer potential public and private employers or housing providers concrete and objective information about an individual under consideration for an opportunity. These certificates can facilitate the successful societal reintegration of individuals with a criminal history whose behavior demonstrates that they are taking responsibility for their past criminal conduct and pursuing a positive law-abiding future. A certificate of restoration of opportunity provides a process for people previously sentenced by a Washington court who have successfully changed their lives to present evidence of this change to a Washington court and to seek a document confirming their changed circumstances.
     A certificate of restoration of opportunity does not affect any employer's or housing provider's discretion to individually assess every applicant and to hire or rent to the applicants of their choice. Employers will not have to forego hiring their chosen applicants because they face statutory bars that prevent obtaining the necessary occupational credentials.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Qualified applicant" means any adult or juvenile who meets the following requirements:
     (a) One year has passed from sentencing for those sentenced by a Washington state court to probation, or receiving a deferred sentence or other noncustodial sentencing for a misdemeanor or gross misdemeanor offense or an equivalent juvenile adjudication; or
     (b) Eighteen months has passed from release from total confinement from a Washington prison or jail or juvenile facility for those sentenced by a Washington state court to incarceration for a misdemeanor or gross misdemeanor or an equivalent juvenile adjudication; or
     (c) Two years have passed from release from total confinement from a Washington prison or jail or juvenile facility for those sentenced by a Washington state court for a class B or C felony or an equivalent juvenile adjudication; or
     (d) Three years have passed from release from total confinement from a Washington prison or jail or juvenile facility for those sentenced by a Washington state court for a class A felony or an equivalent juvenile adjudication; and the applicant:
     (i) Is in compliance or has completed all sentencing requirements imposed by a court except for court-ordered legal financial obligations as long as he or she has a payment plan in place and has made at least nine payments in the last twelve months, or has good cause for missing payments during this period;
     (ii) Has never been convicted of a sex offense as defined in RCW 9.94A.030 or a crime that includes sexual motivation pursuant to RCW 9.94A.835 (sexual motivation for adults), RCW 13.40.135 (sexual motivation for juveniles), RCW 9.94A.535(3)(f) (departures from the guidelines, sexual motivation,) and is not required to register as a sex offender pursuant to RCW 9A.44.130 (registration of sex offenders and kidnapping offenders--Procedures--Definition--Penalties); and
     (iii) Has not been arrested for nor convicted of a new crime and has no pending criminal charge, and there is no information presented to a qualified court that such a charge is imminent.
     (2) "Qualified court" means any Washington court of record or court of limited jurisdiction that has sentenced or adjudicated the qualified applicant. If a court that has sentenced the applicant no longer exists, the applicant may file for a certificate of restoration of opportunity in the successor court.
     (3) "Restoration" means the process by which an individual restores himself or herself to a useful and constructive place in society through some form of vocational, correctional, or therapeutic effort.

NEW SECTION.  Sec. 3   No state, county, or municipal department, board, officer, or agency authorized to assess the qualifications of any applicant for a license, certificate of authority, qualification to engage in the practice of a profession or business, or for admission to an examination to qualify for such a license or certificate may disqualify a qualified applicant, solely based on the applicant's criminal history, if the qualified applicant has obtained a certificate of restoration of opportunity and the applicant meets all other statutory and regulatory requirements. Nothing in this section is interpreted as restoring or creating a means to restore any firearms rights or requiring the removal of a protection order.

NEW SECTION.  Sec. 4   (1) A qualified court has jurisdiction to issue a certificate of restoration of opportunity to a qualified applicant. A certificate applies to all past criminal history. The certificate does not apply to any future criminal justice involvement.
     (2) A court must determine whether to issue a certificate by:
     (a) Considering the nature and seriousness of the applicant's criminal history;
     (b) Considering material evidence of the applicant's restoration;
     (c) Determining that the applicant is a qualified applicant as defined by section 2 of this act;
     (d) Finding that issuing a certificate assists in the successful reintegration of the offender; and
     (e) Finding that issuing a certificate does not pose a substantial risk to public safety.
     (3) The court must determine the nature and seriousness of the applicant's criminal history by examining the applicant's judgment and sentence, criminal history and offender score, if applicable, and any certificate of discharge, if obtained by applicant.
     (4) Material evidence of restoration includes, but is not limited to:
     (a) Good conduct in the community or in a correctional facility as documented by the following nonexclusive list:
     (i) Any order discharging the applicant from community custody, probation, or treatment;
     (ii) Letters or declarations from the applicant's housing provider, clergy, twelve-step sponsor, sentencing judge, mentor, or other individual with knowledge of the applicant's changed circumstances;
     (iii) Awards, certificates, or other relevant achievements; or
     (iv) Reports by a probation or community corrections officer, parole board, or department of corrections or similar entity.
     (b) Counseling, psychiatric, or substance abuse treatment as documented by the following nonexclusive list:
     (i) Letters or declarations from the applicant's doctors, counselors, treatment providers, social service providers, or other health care providers;
     (ii) Completion or compliance with drug, mental health, or other relevant alternative courts; or
     (iii) Signed twelve-step attendance sheets.
     (c) Acquisition of subsequent academic or vocational schooling, employment, or volunteer work as documented by the following nonexclusive list:
     (i) Successful participation in correctional vocational or work release programs;
     (ii) School transcripts;
     (iii) Certificate of completion of training;
     (iv) Diploma or equivalent; or
     (v) Proof of volunteer work or employment.
     (5) Restoration must be proven to the court by a preponderance of the evidence.

NEW SECTION.  Sec. 5   An employer or housing provider may, in its sole discretion, determine whether to consider a certificate of restoration of opportunity issued under this chapter in making employment or rental decisions. Nothing in this section is construed to create a protected class, private right of action, any right, privilege, or duty, or to change any right, privilege, or duty existing under law related to employment or housing except as provided in section 3 of this act.

NEW SECTION.  Sec. 6   (1) Department of social and health services abuse and neglect registry: A certificate of restoration of opportunity does not apply to the state abuse and neglect registry. No finding of abuse, neglect, or misappropriation of property may be removed from the registry based solely on a certificate. The department must include such certificates as part of its criminal history record reports, qualifying letters, or other assessments pursuant to RCW 43.43.830 through 43.43.838.
     (2) Washington state patrol: The Washington state patrol is not required to remove any records based solely on a certificate of restoration of opportunity. The state patrol must include a certificate as part of its criminal history record report.
     (3) State court records:
     (a) A certificate of restoration of opportunity has no effect on any other records kept by the Washington administrative office of the courts, including its judicial information system. The court records related to a certificate of restoration of opportunity must be processed and recorded in the same manner as any other record.
     (b) The qualified court where the applicant seeks the certificate of rehabilitation must administer the court records regarding the certificate in the same manner as it does regarding all other proceedings.

NEW SECTION.  Sec. 7   In all cases, a qualified applicant must provide notice to the prosecutor in the county where he or she seeks a certificate of restoration of opportunity of the pendency of such application. The qualified applicant must also notify the prosecuting attorney of any other jurisdiction in which he or she was sentenced within five years of the application for a certificate.

NEW SECTION.  Sec. 8   A reasonable processing fee, not to exceed fifty dollars, may be charged by the clerk of the court at the time the application for a certificate of restoration of opportunity is filed.

NEW SECTION.  Sec. 9   Sections 1 through 8 of this act constitute a new chapter in Title 9 RCW.