21842 2009-09-22 Legislation --- - Ohio This law revises the state's sex offender classification and notification mechanism to comply with provisions of the federal Adam Walsh Act. The previous law classified individuals convicted of sexual offenses based on the likelihood of repeating crimes, while the new measure assigns them to one of three tiers based solely on the crime committed. Legislation 21841 2009-09-22 Legislation --- - New York This law permits incarcerated individuals who were receiving government medical assistance prior to incarceration to remain eligible for such assistance while incarcerated. Legislation 21840 2009-09-22 Legislation --- - New York This law extends protection against unlawful discriminatory employer practices to juveniles who have been incarcerated and persons convicted of violations. In making hiring decisions, companies and individuals may not inquire about or consider juvenile adjudications or sealed convictions for criminal violations. Legislation 21839 2009-09-22 Legislation --- - New York This law extends protection from criminal record-based employment discrimination to current employees and licensees, in addition to job and license applicants. The law also requires written statements to include an explanation of how the employer weighed certain factors upon denial or revocation of a license or denial or termination of employment. Legislation 21838 2009-09-22 Legislation --- - Nevada This law requires incarcerated sex offenders to register with law enforcement prior to their release from prison as a condition of their parole. Sex offenders convicted outside of the state must submit their DNA samples to local law enforcement upon their relocation to the state. The law also requires electronic GPS monitoring of high-risk sex offenders. Finally, the law establishes safety zones prohibiting high-risk offenders from living or being in places that are frequently visited by children. Legislation 21837 2009-09-22 Legislation --- - Nevada This law revises regulations pertaining to the registration and community notification of sex offenders. Sex offenders are required to register prior to their release from prison and to submit notification of any change to their personal information more frequently, based on their risk-level categorization. Legislation 21836 2009-09-22 Legislation --- - New Mexico This law establishes a task force to review barriers to public employment for persons with criminal convictions and to make recommendations that could remove such barriers while ensuring public safety. Legislation 21835 2009-09-22 Legislation --- - North Carolina This law requires the Department of Correction to report annually on caseload averages for probation and parole officers. The report must include data on current caseloads, an analysis of optimal caseloads, the number and role of paraprofessionals supervising low-risk caseloads, and risk assessments for all individuals under community supervision. Legislation 21834 2009-09-22 Legislation --- - North Carolina This law establishes the Division of Correction Enterprises as a division of the Department of Correction. The Division of Correction Enterprises may develop and operate industrial, agricultural, and service enterprises that employ incarcerated individuals in an effort to provide them with meaningful work experiences and rehabilitative opportunities that will increase their employability upon release from prison. Legislation 21832 2009-09-22 Legislation --- - Illinois This law amends the election code to prohibit individuals convicted of sex crimes involving children from entering schools to vote. However, the new law also requires that certain alternative voting options be provided to these individuals. Legislation 21831 2009-09-22 Legislation --- - Florida This law makes changes to Florida’s laws regarding registration of sex offenders to comply with the federal Adam Walsh Child Protection and Safety Act of 2006. One of the major features of the new law is an expansion of the population of sex offenders required to register, to include juveniles. Legislation 21830 2009-09-22 Legislation --- - Florida This law requires the Department of Corrections to conduct a caseload and risk-assessment study to determine appropriate caseload ratios for probation and community control and provide supervision based on an individual's risk level. The Department must submit a final report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2007. Legislation 21829 2009-09-22 Legislation --- - Delaware This law establishes a Sex Offender Management Board to develop and standardize the evaluation, identification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system. The purpose of these efforts is to reduce the risk of reoffense and to protect the safety of victims and potential victims. Legislation 21827 2009-09-22 Legislation --- - Connecticut This law requires the Department of Correction (DOC) to create a discharge savings account for each individual who is incarcerated that will accumulate funds to be paid upon release. The DOC may transfer up to 10% of any deposit to the individual's bank account into his or her discharge savings account. Once the savings account reaches $1,000, the DOC must deduct 10% of every deposit to go toward the costs of incarceration. Legislation 21826 2009-09-22 Legislation --- - California This law authorizes the Department of Corrections and Rehabilitation to create a Parole Violation Intermediate Sanctions program, which will expand the use of parole programs and services. The law allows program or treatment enrollment for violators in lieu of parole revocations. Legislation 21825 2009-09-22 Legislation --- - Arkansas This law requires the Department of Correction to test incarcerated individuals for HIV prior to their release and to provide counseling regarding treatment options for those who test positive. Legislation 21527 2009-09-22 Legislation --- - Arkansas Encourages the treatment and rehabilitation of drug users convicted of a felony for possession of a controlled substance. Legislation 21526 Courts 2009-09-22 Legislation --- - New Mexico Authorizes early release of female inmates from a correctional facility to a reentry drug court program supervised by a district court. Legislation 21525 Corrections 2009-09-22 Legislation --- - Florida Re-designates the area of program services within the Department of Corrections as program, transition, and post-release services; requires the department to designate a certain number of beds to be used for transition assistance, and expands the types of offenders who are eligible for nonsecure community-based residential drug treatment. Legislation 21524 2009-09-22 Legislation --- - Hawaii Legislature mandated that first-time nonviolent drug offenders convicted of possession or use be sentenced to probation with drug treatment instead of prison. Legislation 21523 2009-09-22 Legislation --- - Wisconsin Requires that the sentencing judge create a single order establishing all payments due from the defendant in each case. In determining whether and to what extent restitution should be ordered, the statute provides that the judge shall consider: (1) the victim's financial loss; (2) the financial resources of the defendant; (3) the present and future earning ability of the defendant; (4) the needs and earning ability of the defendant's dependents; and (5) any other factors that the court deems appropriate. Payments are to be directed first to satisfy the ordered restitution in full; then to pay any fines or surcharges under a particular list of such costs; then to pay other court costs, fees, and surcharges (apart from attorney fees); and finally, to reimburse county or state costs of legal representation. Legislation 21522 2009-09-22 Legislation --- - Illinois Allows the Illinois Prison Review Board or a court to issue a Certificate of Relief from Disabilities to anyone convicted of a nonviolent offense, provided he or she has not been convicted of a felony more than once. The Certificate restores the individual's eligibility for professional licenses in 15 occupational fields that have automatic disqualification based on a previous conviction. The legislation promotes the granting of certificates when their issuance is "consistent with the rehabilitation of the eligible offender" and "with the public interest." In addition, the statute requires the occupational licensing agencies to consider eight factors when determining if there is a direct relationship between the previous conviction and the license being sought or if issuing the license would pose an unreasonable risk to people and property. Legislation 21521 Courts 2009-09-22 Legislation --- - Alabama Under existing law, the Alabama Sentencing Commission has adopted voluntary sentencing standards for 26 felony offenses. The commission was directed to develop voluntary sentencing standards to the Legislature for approval, which standards will become effective if approved by an act of the Legislature. The commission was directed to develop standards based on an analysis of historical sentencing patterns and practices adjusted to achieve sentencing goals pursuant to Article 2, Chapter 25, Title 12, Code of Alabama 1975, and court rules. Legislation 21520 2009-09-22 Legislation --- - Delaware Requires that the refusal, revocation, or suspension of professional or occupational licensure based on a person's conviction be limited to those where the crimes that are "substantially related to" the profession or occupation at issue. Legislation 21518 Corrections 2009-09-22 Legislation --- - Minnesota Inmates receive a prison card issued by the Department of Corrections that contains a photo or digitized image of the applicant, as well as the applicant's date of birth and adult offender number, discharge certificate, or parole order. Under Montana law, these documents can be exchanged within 60 days of release for a free state-issued ID. Legislation 21517 2009-09-22 Legislation --- - California Establishes demonstration programs in California to reduce homelessness among people with mental illness, identifying people released from prison and jail as one key component of the target population. Serving this population effectively required the integration of numerous services-including substance abuse, mental health, and housing-and extensive collaboration with corrections departments and county jail systems. Administrators of the relevant organizations began the joint venture by recognizing the significant overlap in the homeless population with mental illness and the population leaving prison and jail and creating new partnerships. They determined that corrections-based referrals and eligibility screening could enable them to identify a population matching their existing target population. Because they were able to identify the reentry population as a primary-rather than an adjunct-recipient of services, they designed outcome measurements specifically tailored to this population. In short, the establishment of the program, and the subsequent recognition of how the population related to the missions of each of the organizations, served as a catalyst for the integration of services, which have reduced homelessness and recidivism and improved client functioning. Legislation 21512 2009-09-22 Legislation --- - Oregon Provides a statutory right to apply to have a criminal record expunged or sealed. Once a motion to set aside is granted, an individual has the legal right to answer "no" to any questions (including those on a job application that inquire about a history of arrests or criminal convictions. Legislation 21511 2009-09-22 Legislation --- - Oregon Oregon has established that an incarcerated parent with income of less than $200 per month is unable to pay any support, and the state will modify an order to zero if requested. Moreover, the state provides inmates with modification forms and pre-paid envelopes, and consults with inmates on child-support payment plans. Legislation 21509 Courts, Corrections 2009-09-22 Legislation --- - Washington This bill creates a committee to examine Washington’s prison and parole system and look for smarter ways to save money and keep communities safe. Legislation 21506 Corrections 2009-09-22 Legislation --- - Virginia Requires the Director of the Department of Corrections to provide each prisoner with the following documents upon discharge: (i) verification of the prisoner's work history while in custody; and (ii) verification of all educational and treatment programs completed by the prisoner while in custody. This bill was a recommendation of the Joint Subcommittee Studying the Commonwealth's Program for Prisoner Reentry to Society (2005). Legislation 21505 2009-09-22 Legislation --- - Illinois Creates income tax credits for wages paid to eligible offenders (persons convicted not more than once of a felony). The amount of the credit is 25% of the federal work opportunity credit for wages paid to eligible offenders. Provides that the Department of Corrections has the power to provide a pre-release job preparation program for inmates at Illinois adult correctional centers. Legislation 21504 Courts, Corrections 2009-09-22 Legislation --- - Washington Creates a joint select committee on offenders programs, sentencing, and supervision to provide findings and recommendations for the 2007 legislative session. Legislation 21502 2009-09-22 Legislation --- - Virginia Continues the joint subcommittee to study the Commonwealth's program for prisoner reentry to society. In conducting its study, the joint subcommittee shall continue to identify and develop strategies to address barriers for offenders, prior to and upon leaving prison, in order to reduce the incidence of reincarceration. The joint subcommittee shall also monitor any budget provisions and changes in the law recommended over the past year to ensure maximum effectiveness. Legislation 21500 2009-09-22 Legislation --- - New Mexico Revises the definition of “sex-offender”, reduces the time sex offenders have before they have to register with the county sheriff, and lengthens registration periods for certain sex-offenders. The bill also requires a sex-offender to provide additional registration information, amending sections of the sex-offender registration and notification act. Legislation 21499 2009-09-22 Legislation --- - New Hampshire Establishes the position of Administrator of Women Offenders and Family Services within the Department of Corrections and creates an Interagency Coordinating Council on Women Offenders. Legislation 21498 2009-09-22 Legislation --- - Louisiana Requires a restriction code to appear on the driver’s license of any convicted sex offender. Requires every sex offender to notify the local police department and neighborhood residents of his or her name, address, crime for which he or she was convicted, and his or her place of employment (among other things) within 21 days of establishing residency in Louisiana, or within 21 days after release from prison. Legislation 21497 2009-09-22 Legislation --- - Kansas Creates the Kansas Criminal Justice Recodification, Rehabilitation and Restoration Project to review and make recommendations on Kansas sentencing policies, and on reentry initiatives based on current research and collaborative opportunities identified. Legislation 21496 2009-09-22 Legislation --- - Illinois Creates the Long-Term Prisoner Study Committee to examine whether life without parole and sentences over 30 years are necessary for public safety and are the best use of State funds. Report due by June 1, 2007. Legislation 21495 2009-09-22 Legislation --- - Illinois Directs the Illinois Department of Children and Family Services and the Illinois Department of Corrections to jointly prepare a report as to the costs and feasibility of providing monthly video conferencing visitation to appropriate children in State care whose parents are incarcerated in Department of Corrections facilities. Legislation 21494 2009-09-22 Legislation --- - Illinois Requires that each of the following designate an African-American HIV/AIDS Response Officer, responsible for coordinating efforts to address the African-American AIDS crisis within his or her respective Office or Department and serving as a liaison to governmental and non-governmental entities: the Office of the Governor; the Department of Human Services; the Department of Public Health; and the Department of Corrections. Legislation 21492 2009-09-22 Legislation --- - Hawaii Requires the office of youth services and department of public safety to develop and implement gender-responsive, community-based programs for female adjudicated youth and female offenders, respectively. Appropriates funds. Legislation 21491 2009-09-22 Legislation --- - Georgia Amends provisions relating to sexual offenders. The bill changes punishment provisions, registration requirements, and residency requirements for sexual offenders. It also provides for a community and public notification program concerning the presence of sexual offenders. Legislation 21490 2009-09-22 Legislation --- - Connecticut Grants the Board of Pardons and Parole the authority to issue provisional pardon to relieve an eligible offender of barriers by reason of the person’s conviction. No employer may require a prospective employee to disclose the existence of any arrest, criminal charge or conviction. Likewise, no employer can deny a prospective employee a job on the basis that the person had a prior arrest or conviction. Legislation 21489 2009-09-22 Legislation --- - Connecticut Authorizes the newly formed Criminal Justice Policy and Planning Division to develop a comprehensive reentry strategy, measure the impact of policies designed to reduce recidivism, and produce regular reports for the legislature. In addition, the law establishes a sentencing task force to analyze sentencing trends and make recommendations to improve current models. Legislation 21487 2009-09-22 Legislation --- - Illinois Creates the Task Force on Employment of Persons with Past Criminal Convictions to examine barriers faced by person with past criminal convictions with respect to obtaining employment. Legislation 21485 2009-09-22 Legislation --- - Indiana This bill transfers oversight of the sex offender registry from the criminal justice institute to the department of correction (DOC) and introduces a number of changes to its scope, requirements, and penalties for violations of registration rules. Legislation 21483 2009-09-22 Legislation --- - Arizona This bill established the Joint Legislative Committee on Youthful Sex Offenders to review sentencing practices and treatment services for youthful sex offenders, among other things, and to make recommendations concerning laws, rules or procedures that are necessary to improve the prosecution of, treatment for, housing for, familial unification of and community notification regarding youthful sex offenders. Legislation 21482 2009-09-22 Legislation --- - Oklahoma This bill, also known as the Transformational Justice Act, encourages state prisons to partner with faith-based, community and voluntary organizations to help inmates rejoin society and reduce the rate of repeat offenders. The bill authorizes the Oklahoma Reintegration of Inmates Task Force to select a location for an inmate integration program and determine the projected costs of such a program. Inmates who are less than a year away from release would be eligible for the program. Legislation 21479 2009-09-22 Legislation --- [] The Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA), passed unanimously by the U.S. House and Senate and signed into law by President Bush in 2004, promotes public safety and community health by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems in diverting individuals with mental illness from the criminal and juvenile justice systems and in treating such individuals within those systems. MIOTCRA authorized the Justice and Mental Health Collaboration grant program (JMHCP), which received $5 million (out of a possible $50 million authorized) in both FY 2006 and FY 2007 and $6.5 million in FY 2008. The Bureau of Justice Assistance (BJA), a division of the Office of Justice Programs in the U.S. Department of Justice, administers the program. The program was reauthorized in 2008 by the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act, S.2304.<br /><br />For more information, visit the Justice Center's <a href="http://consensusproject.org/resources/government-affairs/fed-leg-MIOTCRA/">Criminal Justice / Mental Health Consensus Project website</a>. Legislation 21478 2009-09-22 Legislation --- [] On December 5th, the House of Representatives approved the “Tax Relief and Health Care Act of 2006,” H.R. 6111 and the Senate approved identical legislation on December 7th. President Bush signed the legislation into law on December 20th. H.R. 6111 includes a provision to extend the Work Opportunity Tax Credit (WOTC). WOTC provides an incentive for employers to hire, train, and retain job seekers, including “qualified ex-felons,” who often experience barriers to employment. Legislation