January 9, 2014, Introduced by Reps. Kesto, Haveman, Shirkey, Robinson and Walsh and referred to the Committee on Commerce.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 34d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34d. (1) The department may award a certificate of
employability to a prisoner if the department determines the
prisoner is a suitable candidate for employment upon his or her
release. In determining whether to award a certificate of
employability, the department shall consider all of the following:
(a) The criminal history of the prisoner.
(b) The institutional history of the prisoner, including all
of the following:
(i) Any record of institutional misconduct.
(ii) Whether the prisoner has successfully completed counseling
or other programming provided by the department or a person or
entity under contract with the department.
(iii) Whether the prisoner has obtained a general education
development certificate (GED) or other educational degree.
(c) The job skills of the applicant, including his or her
institutional work record.
(d) Other factors considered relevant by the department.
(2) A certificate of employability shall only be issued within
30 days before the prisoner is released from a correctional
facility. The department shall revoke the certificate of
employability if the prisoner commits any criminal offense during
the 30-day period before release and may revoke the certificate of
employability if the prisoner has any institutional misconduct
during that period or if the department otherwise determines the
prisoner is not a proper candidate for receiving a certificate of
employability under this section.
(3) The department may revoke a certificate of employability
after a prisoner is released from a correctional facility if the
department determines the individual has been convicted of any
criminal offense during his or her release or if the department
determines the individual is no longer a proper candidate for a
certificate of employability under this section.
(4) The department shall provide an individual who is released
from a correctional facility with an opportunity for a hearing
before revoking a certificate of employability under subsection (2)
or (3). The revocation of a certificate of employability is
effective when the individual is notified of the revocation.
(5) An individual shall not intentionally state or otherwise
represent that he or she has a valid certificate of employability
issued by the department knowing that the statement or
representation is false. An individual who violates this subsection
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(6) The revocation of a certificate of employability is for
purposes of subsection (5) only and does not affect the right of an
employer to rely on the validity of the certificate of
employability unless the employer knew before the individual was
employed that the certificate of employability was fraudulent or
had been revoked.
(7) A certificate of employability under this section shall be
on a form provided by the department.