Alabama Senate Bill SB138

Alabama 2025 Regular Session

• Introduced: 2/6/25
• Refer: 2/6/25
• Report Pass: 2/26/25
• Engrossed: 3/6/25
• Refer: 3/6/25
• Report Pass: 4/3/25
• Enrolled: 4/30/25
• Passed: 5/14/25

Caption

Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided

Impact

The bill significantly impacts how occupational licensing boards in Alabama evaluate applicants with criminal histories. It stipulates that these boards cannot automatically disqualify applicants based solely on prior criminal convictions unless they are deemed directly related to the duties of the profession. This reform is designed to reduce barriers for skilled individuals seeking employment in various fields and acknowledges rehabilitation as a valid factor in the licensing process.

Summary

SB138, introduced by Senator Smitherman, addresses the employment eligibility of individuals with criminal convictions in Alabama. The bill amends existing sections of the Code of Alabama to create a framework that allows for the issuance of a certificate of employability to eligible individuals upon their release from the Department of Corrections. This certificate acknowledges the individual's efforts towards rehabilitation and allows for a presumption of fitness for occupational licensure under certain conditions. The legislation aims to facilitate smoother reintegration of former offenders into the workforce, promoting their ability to secure employment despite their past convictions.

Sentiment

The sentiment around SB138 is largely supportive among advocacy groups and reformists who view it as a crucial step toward reducing the stigma faced by convicted individuals when re-entering the job market. Supporters believe that the bill can help cut down recidivism rates by allowing individuals a fair chance to work and rebuild their lives. There are, however, concerns from some stakeholders about public safety and the adequacy of the provisions for assessing an individual's eligibility for licensure, which may lead to debates over how to balance rehabilitation with the protection of public interests.

Contention

One notable contention regarding SB138 involves the criteria for obtaining a certificate of employability. Critics point out that while the bill provides a pathway for rehabilitation, there is concern about the effectiveness of the measures and how they could lead to potential risks if individuals with significant past offenses are granted broad access to occupational licenses. Additionally, the provision granting immunity to employers hiring certified individuals could create complexities in negligent hiring lawsuits, raising questions about accountability and the standards of due diligence required in the hiring process.