Virgin Islands Legislation Proposes Employment Opportunities for Formerly Incarcerated Individuals

In a significant step towards rehabilitating formerly incarcerated individuals in the Virgin Islands, Senator Angel Bolques Jr. has hailed new legislation as “the epitome of a second chance.” The initiative, spearheaded by Senator Donna Frett-Gregory, introduces “The Fair Chance for Employment Act” (Bill 35-0115), aiming to dismantle employment barriers for ex-offenders. This legislative effort mandates the Division of Personnel to craft policies promoting fair chance hiring practices.

Senator Frett-Gregory, addressing the Committee on Homeland Security, Justice, and Public Safety, emphasized the need to dispel the longstanding stigma against former inmates in the Virgin Islands. She argued that the bill is crucial for reducing recidivism rates and fostering economic stability by ensuring access to gainful employment for rehabilitated individuals. “The Virgin Islands must move beyond mere talk of rehabilitation and reentry to actual policies that open doors for our community members,” Frett-Gregory argued.

The proposed Fair Chance For Employment Act would not eliminate the possibility for employers to conduct background checks but would shift this step to occur after the extension of a conditional job offer. This approach aims to balance the integrity of the hiring process with the rights of individuals seeking a fresh start.

The bill received a warm reception from both lawmakers and advocacy groups. Dr. Kendra Roach, representing the Society of Human Resource Management’s local chapter, praised the bill for its potential to provide equitable employment opportunities, including for those with criminal records, stating that it embodies the principles of equity.

Echoing the support were Senators Bolques Franklin Johnson, Ray Fonseca, and Alma Francis-Heyliger. Francis-Heyliger highlighted the commonality of human error and the bill’s pragmatic approach to considering the nature of the applicant’s past offenses when determining employment eligibility.

Winnie Testamark, Bureau of Corrections Director, underscored the bill’s alignment with the Bureau’s reentry strategies, including educational and vocational training programs designed to ease the integration of former inmates back into society.

The Department of Labor acknowledged the bill’s potential to boost employment, but suggested amendments for clarity and safety, notably around the conditions for withdrawing job offers based on past convictions. Senator Frett-Gregory agreed to revise the contentious provision.

However, the Division of Personnel expressed reservations, particularly about the bill’s requirement for the Division to enact fair chance hiring policies, fearing an undue burden on HR practices. Assistant Director Florine Audain-Hassell argued for maintaining these policies within the Department of Labor and raised concerns about potential discrimination.

Senator Frett-Gregory and Committee Chair Senator Kenneth Gittens addressed these concerns, emphasizing the government’s existing commitment to nondiscriminatory hiring practices and the bill’s focus on enhancing these through explicit policies.

The unanimous backing by the Committee members propels Bill 35-0115 to the next stage of legislative review by the Committee on Rules and Judiciary, marking a hopeful advancement towards integrating formerly incarcerated individuals into the workforce and society.