Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 462 3
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By: Senator J. Scott 5
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For An Act To Be Entitled 8
AN ACT TO CREATE A CERTIFICATE OF EMPLOYABILITY FOR A 9
PERSON WITH A FELONY CONVICTION; TO ALLOW THE 10
DIVISION OF CORRECTION AND CIRCUIT COURTS TO ISSUE 11
CERTIFICATES OF EMPLOYABILITY; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
TO CREATE A CERTIFICATE OF EMPLOYABILITY 17
FOR A PERSON WITH A FELONY CONVICTION; 18
AND TO ALLOW THE DIVISION OF CORRECTION 19
AND CIRCUIT COURTS TO ISSUE CERTIFICATES 20
OF EMPLOYABILITY. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code Title 16, Chapter 90, is amended to add an 25
additional subchapter to read as follows: 26
Subchapter 16 — Certificate of Employability 27
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16-90-1601. Issuance by the Division of Correction 29
(a) The Division of Correction shall issue a certificate of 30
employability to a prisoner if the prisoner: 31
(1) Achieved one (1) or both of the following: 32
(A) While incarcerated, successfully completed one (1) or 33
more of the following: 34
(i) A state-sponsored general education development 35
certificate program; 36 SB462
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(ii) A vocational program for which certification is 1
awarded; or 2
(iii) A prerelease or other rehabilitative program or 3
assignment as approved by the division; or 4
(B) Before incarceration, earned a high school equivalency 5
diploma, a high school diploma, a college degree, certification from a 6
vocational or technical education program, or a diploma or degree from a 7
distance learning postsecondary education program; 8
(2) Received no major disciplinary violations during the year 9
immediately preceding his or her release; and 10
(3) Received a passing score or satisfactory level of competence 11
as determined by the division on a job skills assessment test administered by 12
the division or correctional facility. 13
(b) A certificate of employability issued under subsection (a) of this 14
section shall be: 15
(1) Issued to a prisoner when he or she is released from a 16
correctional facility; 17
(2) On a form provided by the division; and 18
(3) Valid unless revoked by the division. 19
(c)(1) The division shall revoke the certificate of employability 20
issued under this section of a person who is convicted of a felony after 21
receiving a certificate of employability. 22
(2)(A) The division shall provide a person whose certificate of 23
employability has been revoked under this subsection an opportunity to file a 24
grievance through the prisoner grievance system of the division. 25
(B) The revocation of a certificate of employability is 26
effective when the individual is notified of the revocation. 27
(3) The revocation of a certificate of employability does not 28
affect the right of an employer to rely on the validity of the certificate of 29
employability unless the employer knew before the individual was employed 30
that the certificate of employability had been revoked. 31
(d)(1) A person shall not purposely state or otherwise represent that 32
he or she has a valid certificate of employability issued by the division 33
despite knowing that the statement or representation is false. 34
(2) A violation of subdivision (d)(1) of this section is a Class 35
B misdemeanor. 36 SB462
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(e) The division is not civilly liable for damages based upon a 1
decision to issue or deny issuance of a certificate of employability to a 2
prisoner or for revoking or failing to revoke a certificate of employability 3
issued to a prisoner. 4
(f) The division shall notify incoming prisoners of the possibility to 5
earn a certificate of employability. 6
(g) The issuance and revocation of a certificate of employability by 7
the division shall be a public record. 8
(h)(1) The division shall submit an annual report no later than 9
November 1 of each year to the Governor and the Charitable, Penal, and 10
Correctional Institutions Subcommittee of the Legislative Council. 11
(2) The report shall include the number of certificates of 12
employability issued in the preceding twelve (12) months, the rate of 13
recidivism among released prisoners previously issued certificates of 14
employability, and any other information the division deems appropriate. 15
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16-90-1602. Issuance by circuit court. 17
(a) A person with one (1) or more felony or misdemeanor conviction may 18
petition a circuit court for a certificate of employability. 19
(b)(1) When a petition for a certificate of employability is filed, 20
the court shall notify the prosecuting attorney at least three (3) weeks 21
before the hearing on the matter. 22
(2) The court may issue a certificate of employability subject 23
to a restriction, condition, or additional requirement. 24
(3) When issuing, denying, or revoking a certificate of 25
employability, the court may impose conditions for reapplication. 26
(c) The court shall revoke the certificate of employability issued 27
under this section of a person who is convicted of a felony after receiving a 28
certificate of employability. 29
(d)(1) The court may revoke a certificate of employability issued 30
under this section if the court finds by a preponderance of the evidence that 31
the person made a material misrepresentation in his or her petition for a 32
certificate of employability. 33
(2) A revocation of a certificate of employability may be 34
initiated: 35
(A) By the court on the court's own motion; or 36 SB462
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(B) Upon a motion of the prosecuting attorney. 1
(3) The person to whom the certificate of employability was 2
issued is entitled to a hearing on the motion for revocation. 3
(4) The person to whom the certificate of employability was 4
issued and the prosecuting attorney shall be given notice of the motion for 5
revocation at least three (3) weeks before a hearing on the matter. 6
(e) The revocation of a certificate of employability does not affect 7
the right of an employer to rely on the validity of the certificate of 8
employability unless the employer knew before the individual was employed 9
that the certificate of employability had been revoked. 10
(f) The prosecuting attorney shall have the right to appear and be 11
heard at any proceeding relating to the issuance or revocation of the 12
certificate of employability. 13
(g)(1) The court may call upon a probation officer or parole officer 14
for any additional investigation or verification of the person's conduct that 15
the court reasonably believes necessary to the decision to issue or revoke a 16
certificate of employability. 17
(2) If there are material disputed issues of fact or law, the 18
person or the district attorney may submit evidence and be heard on those 19
issues. 20
(h) The issuance and revocation of a certificate of employability by a 21
court shall be a public record. 22
(i)(1) A person shall not purposely state or otherwise represent that 23
he or she has a valid certificate of employability issued by a court despite 24
knowing that the statement or representation is false. 25
(2) A violation of subdivision (i)(1) of this section is a Class 26
B misdemeanor. 27
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16-90-1603. Effect on certain proceedings. 29
(a) In a judicial or administrative proceeding alleging negligence or 30
other fault, a certificate of employability may be introduced as evidence of 31
a person’s due care in hiring, retaining, licensing, leasing to, admitting to 32
a school or program, or otherwise transacting business or engaging in 33
activity with the person to whom the certificate of employability was issued 34
if the person knew of the certificate of employability at the time of the 35
alleged negligence or other fault. 36 SB462
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(b) In a claim of negligent hiring against an employer, a certificate 1
of employability may constitute evidence of lack of negligence unless the 2
employer knew or should have known that the employee should not have been 3
hired for the position due to the nature of the employee's criminal history 4
at the time of the employer's decision to hire the employee. 5
(c) A certificate of employability does not provide relief from: 6
(1) A requirement to register under the Sex Offender 7
Registration Act of 1997, § 12 -12-901 et seq.; 8
(2) A suspension, cancellation, or revocation of a driver’s 9
license, commercial driver’s license, or probationary license; or 10
(3) A denial, ineligibility, or automatic suspension of a 11
healthcare professional’s license due to a substance use disorder. 12
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