We urge you to support Senate Bill 1384! SB 1384 (Mitchell) reforms the stringent conviction barriers to becoming a certified nursing assistant (CNA) by eliminating the automatic denial of certified nursing assistant (CNA) applicants that have one of a long list of specific convictions, regardless of how much time has passed or a person’s significant efforts to transform. It provides all CNA applicants discretionary review of their criminal record and recognizes that certain conditions–like the passage of time and no subsequent convictions–is actual evidence of rehabilitation. SB 1384 expands opportunities for qualified, rehabilitated individuals to access this growing industry of living-wage jobs. In Root & Rebound’s conversations with formerly incarcerated people and service providers, this is a barrier that we have heard time and time again. Certified nursing assistants make a living wage and it is a good, stable job that should be open to people who have shown their rehabilitation and commitment to working.
Mandatory rejection of prospective CNAs—even for decades-old convictions and low-level offenses like petty theft—disregards studies showing that the passage of time substantially reduces the likelihood of recidivism to a level equal to those who have never been arrested. Such blanket prohibitions against employment opportunities defy California’s commitment to evidence-based policies that reduce recidivism and encourage reintegration. Studies show that stable employment decreases the likelihood of recidivism by as much as 62%. Yet, California continues to impose stringent barriers on the hundreds of licensed occupations that would provide stability and increased mobility for persons who most need it.
SB 1384 protects public safety by preserving the discretion to deny a CNA application where there is evidence that the individual has not rehabilitated. This commonsense revision models the current provisions that apply to Registered Nurses and thus gives CNA applicants with a criminal record a chance to be evaluated on the basis of their record and all evidence of rehabilitation.
Persons with a criminal record–estimated at one in four adults–urgently need access to stable jobs that pay more than the minimum wage. This is particularly the case for justice-involved women, many of whom are the primary caregiver for dependent children. These women seek employment as a CNA so that they can get off public assistance and provide food, housing and other necessities for their family. CNA opportunities are expected to increase by more than 22-percent from 2010-2020. To ban individuals from this growing industry of living-wage jobs on the sole basis of a past conviction not only denies opportunities to rehabilitated individuals; it denies many families a real chance to climb out of poverty.
California’s commitment to reducing recidivism–which remains high at 63.5%–must include measures that increase opportunities to growing industries of living-wage jobs. SB 1384 would pave the way for such reform, while also ensuring that public safety remains paramount.
The bill has been assigned to the Senate Health Committee. We encourage you and your organizations to write letters of support no later than Tuesday, April 16.*** The proposed bill language can be accessed here: http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1384&sess=CUR&house=B&author=mitchell_<mitchell>. For more information or questions about SB 1384 and to request a sample letter of support, you can direct questions to Natalie Lyons at Equal Rights Advocates at email@example.com or (415) 575-2394.
Help people get back to work!
– The R & R Team