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March 27, 2007

TO:  Assembly Criminal Justice and Homeland Security Committee
RE: Opposition to Assembly Bill 30, Termination of Ex-Felons from Educational Institutions

The League of Women Voters of Wisconsin has consistently opposed legislation that unfairly denies work opportunities for ex-offenders from the criminal justice system. The current law, which allows denial of employment if the circumstances of a conviction relate to the circumstances of the job, in our view has fairly addressed the concerns of businesses and organizations. 

The proposed legislation, AB 30, allows an educational agency to refuse to employ or to terminate employment of any individual who has been convicted of a felony and not been pardoned, whether or not the circumstances of the felony substantially relate to the circumstances of the particular job. We oppose this unnecessary legislation.

The safety of children should raise special concerns but this bill provides only a superficial protection. The current law does not require an employer to hire a person with a conviction relating to the circumstances of the job. Since this protection already exists it is of great concern to us that AB 30 is proposed not for actual need, but for appearance.

In the last decade the State of Wisconsin has continued to create and reclassify a significant number of felonies.  Since there are a miniscule number of pardons issued to ex-offenders we believe it is necessary to raise questions regarding possible undesirable and unintended consequences from this bill.

Can this be used to arbitrarily deny work opportunities for ex-offenders whose felonies were well in the past? Is there any protection for an employed ex-offender with satisfactory work performance from arbitrary termination? Are there employment positions, which have contact with their direct supervisors only and should not be included?  And most important, if this bill is enacted will it be used as precedent for other employers to allow a conviction record as a basis for employment discrimination?  Indeed, the past introduction of legislation allowing any employment discrimination based on any felony underscores the validity of our concern.   

It is important to remember that the ability of ex-offenders to responsibly re-enter society through adequate employment opportunities lessens the incidence of recidivism and its high cost to the public. If we continue to deny opportunities for employment to felons and other offenders there can be no meaningful re-integration into ordinary society. The public continues to bear the enormous costs of such policy. The costs of Wisconsin’s correctional policy are already affecting taxpayers at every level and these costs will increase with legislation such as this.

The League of Women Voters of Wisconsin opposes Assembly Bill 30 and urges you to do so also.

Thank you for considering our comments on this important matter.