Criminal history record information; limitations on dissemination of information. (HB1903)

Introduced By

Del. Chris Head (R-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Dissemination of criminal history record information; limitations. Limits the criminal history information that the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, may provide to a requesting employer or prospective employer to convictions occurring within seven years prior to the request, except for any information related to a felony act of violence or a barrier crime. Amends § 19.2-389, of the Code of Virginia. Read the Bill »

Status

01/10/2019: Awaiting a Vote in the Courts of Justice Committee

History

DateAction
01/04/2019Committee
01/04/2019Prefiled and ordered printed; offered 01/09/19 19100543D
01/04/2019Referred to Committee for Courts of Justice
01/10/2019Assigned Courts sub: Subcommittee #1
01/16/2019Impact statement from DPB (HB1903)

Comments

Ut Prosim writes:

Research confirms that one of the best approaches that government can take is to increase employment opportunities for those with criminal records. The government has an obligation to its citizens to take the least restrictive approach to the freedoms of its citizens.

This bill is a move in the right direction, even though Virginia persists in being one of only six states that create a negative employment incentive by listing a citizen’s employer's name and full business address on a public registry. Twenty-nine states promote a business-friendly environment by omitting the inclusion of employment information on their sex offender registries. For citizens that the General Assembly has deemed violent for life with no risk assessment and no opportunity to be relieved of the burden placed on them and their families, Virginia State Police even goes to the effort of calling employers to verify employment.

Current research suggests that unemployment is both a risk factor and a link to post-incarceration crime.
https://web.archive.org/web/20100920135122/https://www.aca.org/fileupload/177/ahaidar/Taylor.pdf

Employment problems experienced by offenders and resulting financial hardships emerged as the most pressing issue identified by family members.
Offenders surveyed in Florida, Indiana, Connecticut, New Jersey, Wisconsin, Oklahoma, Kansas and Kentucky report remarkably consistent adverse consequences such as difficulty securing and maintaining employment, housing disruption, relationship loss, threats and harassment, physical assault, and property damage.
Letourneau, Elizabeth J., and Jill S. Levenson. Evaluating the Effectiveness of Sex Offender Registration and Notification Policies for Reducing Sexual Violence against Women. Rep. no. 231989. Charleston: Medical University of South Carolina, 2010. Print.

Most studies show that community notification appears to limit employment opportunities for up to half of offenders.
Levenson, Jill, and Richard Tewksbury. "Collateral Damage: Family Members of Registered Sex Offenders." American Journal of Criminal Justice 34.1-2 (2009): 54-68. Print.

Ut Prosim writes:

Research confirms that one of the best approaches that government can take is to increase employment opportunities for those with criminal records. The government has an obligation to its citizens to take the least restrictive approach to the freedoms of its citizens.

This bill is a move in the right direction, even though Virginia persists in being one of only six states that create a negative employment incentive by listing a citizen’s employer's name and full business address on a public registry. Twenty-nine states promote a business-friendly environment by omitting the inclusion of employment information on their sex offender registries. For citizens that the General Assembly has deemed violent for life with no risk assessment and no opportunity to be relieved of the burden placed on them and their families, Virginia State Police even goes to the effort of calling employers to verify employment.

Current research suggests that unemployment is both a risk factor and a link to post-incarceration crime.
https://web.archive.org/web/20100920135122/https://www.aca.org/fileupload/177/ahaidar/Taylor.pdf

Employment problems experienced by offenders and resulting financial hardships emerged as the most pressing issue identified by family members.
Offenders surveyed in Florida, Indiana, Connecticut, New Jersey, Wisconsin, Oklahoma, Kansas and Kentucky report remarkably consistent adverse consequences such as difficulty securing and maintaining employment, housing disruption, relationship loss, threats and harassment, physical assault, and property damage.
Letourneau, Elizabeth J., and Jill S. Levenson. Evaluating the Effectiveness of Sex Offender Registration and Notification Policies for Reducing Sexual Violence against Women. Rep. no. 231989. Charleston: Medical University of South Carolina, 2010. Print.

Most studies show that community notification appears to limit employment opportunities for up to half of offenders.
Levenson, Jill, and Richard Tewksbury. "Collateral Damage: Family Members of Registered Sex Offenders." American Journal of Criminal Justice 34.1-2 (2009): 54-68. Print.

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