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S.B. 167 (S-2): FIRST ANALYSIS DEPT. OF CORR.: HIRING
FELONS
Senate Bill 167 (Substitute S-2 as passed by the Senate) Sponsor: Senator Dale L. Shugars
Committee: Judiciary Date Completed: 5-18-95
Reportedly, the Department of Corrections (DOC) employs about 100 individuals who have records of felony convictions. Although the DOC already has set standards for reviewing applicants' criminal history and hiring individuals with felony records, some people contend that the hiring of ex-felons to work for the Department of Corrections is inappropriate. They believe that, to promote security in prisons and public safety in general, the DOC should be strictly prohibited from hiring convicted felons.
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The bill would amend the Department of Corrections law to specify that, beginning on the bill's effective date, the DOC could not employ or appoint a person who had been convicted of a felony or was subject to pending felony charges.
If records available to the DOC showed that an applicant for employment or appointment had been convicted of a felony or was subject to pending felony charges, the DOC would have to inform the applicant of that fact and of his or her resulting ineligibility for employment or appointment. At the applicant's request, the DOC would have to allow him or her to review the relevant portion of the records. If the applicant disputed the records' accuracy, the DOC would have to allow him or her a reasonable period of time to contact the responsible agency or agencies to correct the alleged inaccuracies. If the records, as corrected, would remove the applicant's ineligibility, the DOC would have to allow him or her to reapply for employment or appointment.
The bill would not apply to a person employed by or appointed to a position in the DOC before the bill's effective date.
Proposed MCL 791.205a
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Although the DOC reportedly requires a background check, letters of recommendation from community leaders, and the Director's approval before an individual with a felony record can be hired, convicted felons simply should not be employed by the Department. The DOC is responsible for administering the court-ordered punishment of convicted felons; employing them to work for the Department is inconsistent with the fulfillment of that responsibility. Surely, the DOC can find qualified individuals to fill its positions of employment without having to recruit convicted felons.
Response: The bill would go too far. An absolute prohibition against hiring anyone who was ever convicted of a felony is unnecessary and ill- advised. Under the bill, a former felon could not be employed even as a janitorial worker in an office building or in a secretarial position. In the past, the DOC has hired capable individuals who were once convicted of a felony offense. In making a hiring decision regarding an ex-felon, the Department reportedly has used extensive checks. Indeed, the DOC Director testified before the Senate Judiciary Committee that, although he has hired individuals once convicted of a felony, each of them has been "off-paper" (i.e., completed his or her sentence) for a long period and had received a relatively minor penalty. None of the ex-felons hired by the current Director has served prison time for his or her offense. Rather than strictly prohibiting the hiring of former felons, the bill should codify policies like those used by the current administration. As introduced, the bill would have required that applicants be off-paper
for five years and that the Director conduct an extensive investigation into the person's background and determine that employment was appropriate before an ex-felon could be hired. This would be consistent with measures passed by the Senate in past legislative sessions.
When a prisoner is released back into the community, there is an implicit message that he or she is ready to attempt to be a productive member of society, including engaging in employment. Although the idea of imprisonment as a means of rehabilitation has been abandoned by many, it is hypocritical for the State to refuse to allow the very Department responsible for overseeing a prisoner's reintroduction into the community to employ that prisoner after his or her release. Testimony before the Senate Judiciary Committee by the DOC Director indicated that, although about 38% of released prisoners go back to prison, the percentage varies with the category of offense. If the DOC were to retain discretion in hiring former felons, the Director could ensure that only those individuals least likely to be repeat offenders were hired to work for the Department.
Response: In overseeing the punishment of convicted felons, the DOC is responsible for public safety and the security of the State's prison facilities. Those employed by agencies with these responsibilities should be held to higher standards than other workers, and employing convicted felons is inconsistent with the DOC's public safety and security roles. For instance, there may be a greater risk of contraband making its way into prisons when felons are employed as prison guards.
Legislative Analyst: P. Affholter
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: M. Hansen
A9596\S167A
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.