Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 462
4
5 By: Senator J. Scott
6
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE A CERTIFICATE OF EMPLOYABILITY FOR A
10 PERSON WITH A FELONY CONVICTION; TO ALLOW THE
11 DIVISION OF CORRECTION AND CIRCUIT COURTS TO ISSUE
12 CERTIFICATES OF EMPLOYABILITY; AND FOR OTHER
13 PURPOSES.
14
15
16 Subtitle
17 TO CREATE A CERTIFICATE OF EMPLOYABILITY
18 FOR A PERSON WITH A FELONY CONVICTION;
19 AND TO ALLOW THE DIVISION OF CORRECTION
20 AND CIRCUIT COURTS TO ISSUE CERTIFICATES
21 OF EMPLOYABILITY.
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code Title 16, Chapter 90, is amended to add an
26 additional subchapter to read as follows:
27 Subchapter 16 -- Certificate of Employability
28
29 16-90-1601. Issuance by the Division of Correction
30 (a) The Division of Correction shall issue a certificate of
31 employability to a prisoner if the prisoner:
32 (1) Achieved one (1) or both of the following:
33 (A) While incarcerated, successfully completed one (1) or
34 more of the following:
35 (i) A state-sponsored general education development
36 certificate program;
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1 (ii) A vocational program for which certification is
2 awarded; or
3 (iii) A prerelease or other rehabilitative program or
4 assignment as approved by the division; or
5 (B) Before incarceration, earned a high school equivalency
6 diploma, a high school diploma, a college degree, certification from a
7 vocational or technical education program, or a diploma or degree from a
8 distance learning postsecondary education program;
9 (2) Received no major disciplinary violations during the year
10 immediately preceding his or her release; and
11 (3) Received a passing score or satisfactory level of competence
12 as determined by the division on a job skills assessment test administered by
13 the division or correctional facility.
14 (b) A certificate of employability issued under subsection (a) of this
15 section shall be:
16 (1) Issued to a prisoner when he or she is released from a
17 correctional facility;
18 (2) On a form provided by the division; and
19 (3) Valid unless revoked by the division.
20 (c)(1) The division shall revoke the certificate of employability
21 issued under this section of a person who is convicted of a felony after
22 receiving a certificate of employability.
23 (2)(A) The division shall provide a person whose certificate of
24 employability has been revoked under this subsection an opportunity to file a
25 grievance through the prisoner grievance system of the division.
26 (B) The revocation of a certificate of employability is
27 effective when the individual is notified of the revocation.
28 (3) The revocation of a certificate of employability does not
29 affect the right of an employer to rely on the validity of the certificate of
30 employability unless the employer knew before the individual was employed
31 that the certificate of employability had been revoked.
32 (d)(1) A person shall not purposely state or otherwise represent that
33 he or she has a valid certificate of employability issued by the division
34 despite knowing that the statement or representation is false.
35 (2) A violation of subdivision (d)(1) of this section is a Class
36 B misdemeanor.
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1 (e) The division is not civilly liable for damages based upon a
2 decision to issue or deny issuance of a certificate of employability to a
3 prisoner or for revoking or failing to revoke a certificate of employability
4 issued to a prisoner.
5 (f) The division shall notify incoming prisoners of the possibility to
6 earn a certificate of employability.
7 (g) The issuance and revocation of a certificate of employability by
8 the division shall be a public record.
9 (h)(1) The division shall submit an annual report no later than
10 November 1 of each year to the Governor and the Charitable, Penal, and
11 Correctional Institutions Subcommittee of the Legislative Council.
12 (2) The report shall include the number of certificates of
13 employability issued in the preceding twelve (12) months, the rate of
14 recidivism among released prisoners previously issued certificates of
15 employability, and any other information the division deems appropriate.
16
17 16-90-1602. Issuance by circuit court.
18 (a) A person with one (1) or more felony or misdemeanor conviction may
19 petition a circuit court for a certificate of employability.
20 (b)(1) When a petition for a certificate of employability is filed,
21 the court shall notify the prosecuting attorney at least three (3) weeks
22 before the hearing on the matter.
23 (2) The court may issue a certificate of employability subject
24 to a restriction, condition, or additional requirement.
25 (3) When issuing, denying, or revoking a certificate of
26 employability, the court may impose conditions for reapplication.
27 (c) The court shall revoke the certificate of employability issued
28 under this section of a person who is convicted of a felony after receiving a
29 certificate of employability.
30 (d)(1) The court may revoke a certificate of employability issued
31 under this section if the court finds by a preponderance of the evidence that
32 the person made a material misrepresentation in his or her petition for a
33 certificate of employability.
34 (2) A revocation of a certificate of employability may be
35 initiated:
36 (A) By the court on the court's own motion; or
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1 (B) Upon a motion of the prosecuting attorney.
2 (3) The person to whom the certificate of employability was
3 issued is entitled to a hearing on the motion for revocation.
4 (4) The person to whom the certificate of employability was
5 issued and the prosecuting attorney shall be given notice of the motion for
6 revocation at least three (3) weeks before a hearing on the matter.
7 (e) The revocation of a certificate of employability does not affect
8 the right of an employer to rely on the validity of the certificate of
9 employability unless the employer knew before the individual was employed
10 that the certificate of employability had been revoked.
11 (f) The prosecuting attorney shall have the right to appear and be
12 heard at any proceeding relating to the issuance or revocation of the
13 certificate of employability.
14 (g)(1) The court may call upon a probation officer or parole officer
15 for any additional investigation or verification of the person's conduct that
16 the court reasonably believes necessary to the decision to issue or revoke a
17 certificate of employability.
18 (2) If there are material disputed issues of fact or law, the
19 person or the district attorney may submit evidence and be heard on those
20 issues.
21 (h) The issuance and revocation of a certificate of employability by a
22 court shall be a public record.
23 (i)(1) A person shall not purposely state or otherwise represent that
24 he or she has a valid certificate of employability issued by a court despite
25 knowing that the statement or representation is false.
26 (2) A violation of subdivision (i)(1) of this section is a Class
27 B misdemeanor.
28
29 16-90-1603. Effect on certain proceedings.
30 (a) In a judicial or administrative proceeding alleging negligence or
31 other fault, a certificate of employability may be introduced as evidence of
32 a person's due care in hiring, retaining, licensing, leasing to, admitting to
33 a school or program, or otherwise transacting business or engaging in
34 activity with the person to whom the certificate of employability was issued
35 if the person knew of the certificate of employability at the time of the
36 alleged negligence or other fault.
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1 (b) In a claim of negligent hiring against an employer, a certificate
2 of employability may constitute evidence of lack of negligence unless the
3 employer knew or should have known that the employee should not have been
4 hired for the position due to the nature of the employee's criminal history
5 at the time of the employer's decision to hire the employee.
6 (c) A certificate of employability does not provide relief from:
7 (1) A requirement to register under the Sex Offender
8 Registration Act of 1997, � 12-12-901 et seq.;
9 (2) A suspension, cancellation, or revocation of a driver's
10 license, commercial driver's license, or probationary license; or
11 (3) A denial, ineligibility, or automatic suspension of a
12 healthcare professional's license due to a substance use disorder.
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