Bill
HB 1073
Louisiana HB 1073 creates a pre-release program providing inmates a special nonrenewable ID and a Certificate of Employability to support post-release employment.
Title: PUBLIC SFTY/CORRECTIONS: Provides for the issuance of certain documentation to inmates before their release from incarceration
Purpose and intent
- Create a framework to issue documentary tools and a certificate of employability to inmates prior to or at the time of release.
- Aim: assist with post-release employment, improve reentry outcomes, reduce recidivism, and support workforce needs in Louisiana.
Key provisions
1) Post-release documentation for inmates (R.S. 15:828.5)
- Who is covered: Inmates released from a term of imprisonment for a felony offense who designate an intended residence within Louisiana.
- What DPS&C must do:
- Coordinate with the Office of Motor Vehicles (OMV) to assess whether the inmate has a state ID or driver's license and begin gathering documentation for a special Identification Card (special ID) under R.S. 40:1321, starting within nine months before release.
- Provide a special ID card to eligible inmates who lack one at release.
- Govern issuance, replacement, cancellation, and denial of the special ID card consistent with the rules for driver's licenses.
- OMV responsibilities:
- Allow an inmate to use a certified copy of birth certificate plus the inmate’s time computation record as valid photo identification for obtaining the special ID.
- Determine and charge a reasonable fee for the special ID.
- Time computation record: A detailed department-maintained calculation of the inmate’s sentence (credit time served, good behavior, program participation).
- Card specifics:
- The special ID issued with a time computation record is nonrenewable, nontransferable, and valid for four years from issuance.
- Funding: DPS&C may use available funds (inmate trust funds, existing department funds, donations) to implement and administer the program.
2) Documentation to aid post-release employment (R.S. 15:828.5, continued)
- In addition to the special ID, the department must provide inmates with:
- Copy of vocational training records (if applicable)
- Copy of work records (if applicable)
- Certified copy of birth certificate (if obtainable)
- Social Security card or replacement (if obtainable)
- Information about trades/skills and proficiency levels
- Documentation of completed simulated job interview
- Notification of eligibility to apply for licenses/certifications through state agencies
- Exemptions: Inmates meeting certain criteria are exempt from providing some items (e.g., those 65+, medical parole or infirmary discharge, release to another jurisdiction, or deemed physically/mentally unable to return to work).
3) Certificate of Employability (R.S. 15:828.6)
- Purpose: Provide a standardized, verifiable certificate to eligible inmates upon release to document education, training, work history, and readiness for employment.
- Eligibility for certificate (conditions):
- Earned qualifying credentials or achievements while imprisoned (e.g., treatment/rehab program credits, workforce development program credits, college degrees, community resources participation, or prior to imprisonment a high school diploma/equivalency, college degree, vocational credentials).
- Job skills assessment score or demonstrated competence.
- Issuance and contents:
- Issued at no cost with the inmate’s consent, on a form approved by the DPS&C.
- Includes criminal history information, conduct records, educational/vocational program completions, and work history.
- Uniform, verifiable, and recognizable by employers statewide.
- Limitations and restrictions:
- Certificate does not exempt the holder from sex-offender registration, license suspensions/revocations, certain occupational restrictions (e.g., licensing for prosecutors or law enforcement), or healthcare licensure consequences related to substance use disorders.
- Revocation:
- DPS&C may revoke the certificate if the holder is convicted of a felony after issuance.
- Opportunity for a cause-of-action under R.S. 15:1172 if revoked.
- Revocation does not void an employer’s prior reliance unless the employer knew the certificate was fraudulent.
- Verification: Upon request and with consent, DPS&C may confirm issuance and current validity of a certificate.
- Liability and defense:
- DPS&C is not civilly liable for decisions to issue/deny/revoke certificates.
- Provides a defense to negligent hiring claims for employers who relied on the certificate, except where the employer knew or should have known of disqualifying information from a background check.
- Administrative duties:
- Notify incoming inmates about certificate eligibility.
- Provide resume development, interview prep, and job-search assistance as part of reentry programming.
- Annual reporting to the House Administration of Criminal Justice and Senate Judiciary C by February 1, including: number of certificates issued, program participation, employment outcomes, recidivism rates, and other relevant data.
- Rulemaking: DPS&C, OMV, and Office of Adult Services may adopt rules under the Administrative Procedure Act (APA).
4) Evidence and admissibility (Code of Evidence Article 416)
- A certificate of employability may be admitted in evidence in judicial or administrative proceedings involving negligent hiring or fault by an employer, if the employer/third party knew of the certificate at the time of the alleged incident.
Effective date
- Effective upon the governor’s signature or the lapse of time for gubernatorial action (as provided by law).
Effective scope
- Adds: R.S. 15:828.5 and 828.6; and C.E. Article 416.
Potential impact and considerations
- Practical: Provides concrete tools (special ID, certification of employability) intended to streamline employment prospects for newly released inmates.
- Administrative: Expands DPS&C and OMV duties, requires interagency coordination, and creates reporting requirements.
- Legal: Establishes evidentiary use of the certificate and a limited liability framework for the state and employers.
- Access and equity: The program includes exemptions for certain release conditions or health/age factors to avoid undue burden.
- Fiscal: Funding flexibility is allowed, but actual costs depend on implementation, production of IDs, and certificate issuance.
Compiled from official sources — confirm details with the bill’s official record.
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