Dear Virginia Legislators, Senators, Attorney General, Lt. Governor and Governor,

There is a pre-filed bill for the 2009 General Assembly session that must not be passed.

HB1582, Home Access Businesses; Owner/Operator thereof to conduct criminal background check of employees. Requires any owner or operator of a commercial establishment that provides a service where their employees regularly enter the interior area of a residence of its customers to conduct criminal background checks of their employees. Effective September 1, 2009, employers are PROHIBITED from EMPLOYING an employee unless the employer has found, upon completion of a criminal records check, that the employee has NOT been convicted of ANY felony. Employers are required to keep copies of the fingerprints and records check for such employees. Employers shall provide identification badges to employees and require the employees to wear the badge when they are expected to enter customers' homes.  Violations constitute a Class 3 misdemeanor.

Are you aware that the Virginia DOC conducts training classes for trades such as plumbing, electrical, heating and air conditioning? If this bill passes, anyone that has previously benefited from these courses can not apply their training in the working world. This does not just apply to registered sex-offenders but to anyone convicted of a felony. This proposed bill is absurd. Anyone that has been convicted of a felony already has an extremely difficult time in acquiring and keeping employment. Most felons must leave their past positions, abandon their education and experience and take remedial positions. This bill will criminalize their current positions and the ability to provide for their families. Yes, ex-cons have families. Have we completely given up on rehabilitation? Persons wishing to become productive and useful citizens of the United States should be allowed to do so.

We know politicians especially in election years, parade their “let’s get tough on criminals and especially let’s get tougher on sex-offenders” out in front of the voters, but to criminalize some of the last remaining jobs that a felon has as an option is not just counter productive but heartless and cruel.

Most employers will not hire registered sex-offenders because their companies name and address will be posted on the Virginia Sex-Offender Registry, thus subjecting their company to ridicule and harassment. Does the government require this public humiliation for murderers, robbers or drug dealers? No, just sex-offenders. As the RSOL of Virginia has previously brought to your attention, just because a person has been labeled a sex-offender does not mean they are a threat to society and in some cases have actually been wrongfully convicted, but that’s another letter for another time.

Registered sex-offenders who were previously in the education and medical fields can no longer practice within their areas because of the restrictions politicians have placed upon them.  Securing and keeping employment is already incredibly difficult. If a registered sex offender has found an employer that is willing to give them work which keeps them occupied and off the streets, then God bless that employer.

As RSOL of Virginia has previously advised you; many studies and reports have proven the percentage of recidivism is linked to an offender securing and retaining stable employment, housing and family.

The outcome of allowing the registered to try to move forward with there lives is relatively predictable. They will attempt to go on with there lives and stay out of trouble. If the politicians take away hope and limit the type of employment available to ex-felons and sex-offenders the final result is truly unpredictable and quite possibly frightening.

This bill should not pass as it is a threat not only to the recovering criminal, but a threat to society as a whole.

 

Sincerely, 

RSOL of Virginia Organizers