NCJ Number
4322
Date Published
1972
Length
45 pages
Annotation
PROPOSED LEGISLATIVE PROCEDURES FOR ALLEVIATING OFFENDER EMPLOYMENT RESTRICTIONS.
Abstract
ALTHOUGH PARDONS AND AUTOMATIC RESTORATION STATUTES REINSTATE THE CIVIL RIGHTS OF EX-OFFENDERS THEY CANNOT GUARANTEE EMPLOYMENT. DENIAL OF EMPLOYMENT IS OFTEN BASED ON GROUNDS THAT BEAR NO RELATION TO A MAN'S FITNESS OR ABILITY TO PERFORM THE JOB SOUGHT. THUS, REMEDIAL LEGISLATION IS PROPOSED TO ELIMINATE UNREASONABLE RESTRICTIONS ENCOUNTERED BY EX-OFFENDERS. FOR EXAMPLE, THE ARREST RECORDS STATUTE PROHIBITS FEDERAL AND FEDERALLY ASSISTED LAW ENFORCEMENT OFFICIALS FROM DISSEMINATING ARREST RECORDS TO ANYONE OTHER THAN LAW ENFORCEMENT OFFICIALS AND IMPOSES A SIMILAR PROHIBITION ON ALL LAW ENFORCEMENT AGENCIES RELATIVE TO RECORDS RECEIVED FROM THE FEDERAL GOVERNMENT. THE REASONABLE RELATIONSHIP STATUTES STATE THAT NO PERSON SHOULD BE DEPRIVED OF ANY RIGHT OR PRIVILEGE, INCLUDING EMPLOYMENT, BECAUSE OF HIS CONVICTION UNLESS THE CONVICTION IS REASONABLY RELATED TO THE COMPETENCY OF THE INDIVIDUAL TO EXERCISE THE RIGHT OR PRIVILEGE OF WHICH HE IS DEPRIVED. FINALLY, STANDARDS AND CODES RELATING TO THE JUDICIAL DETERMINATION OF RIGHTS STATE THAT THE SENTENCING COURT IS THE APPROPRIATE FORUM FOR DETERMINING WHETHER A CONVICTED PERSON SHOULD BE DEPRIVED OF CERTAIN RIGHTS AND PRIVILEGES. THE APPENDICES CONTAIN MODEL PROPOSALS AND STATUTE CITATIONS FOR DRAFTING LEGISLATION. (SNI ABSTRACT)