Second Chance Occupational Licensing Reform in South Dakota
In South Dakota, state law often prevents ex-offenders from working in occupations that require a license, even if they have served their time and the crime was nonviolent.
South Dakota has an incarceration rate of 824 per 100,000 people.
Over 2,000 South Dakotans are released from prison each year and reenter society.
40% of ex-offenders in South Dakota are arrested again in three years following their release, often because of a failure to reintegrate into society and find a job.
Recidivism costs South Dakota more than $40 million annually.
Former inmates who stay employed for one year post-release are 35% less likely to commit another crime compared to those who don't have a job.
Nearly 1 in 5 jobs in South Dakota requires a license.
States with more barriers to occupational licensing experienced a 9% increase in recidivism rates.
States with fewer barriers experienced a 2.5% decrease in recidivism rates.
South Dakota policymakers should support occupational licensing reforms that create a path for ex-offenders without a history of violent felonies or sexual offenses to earn a license, such as:
- Allow ex-offenders to petition a licensing board to see if they are disqualified from the license before they complete training, education, or exams.
- Provide denied applicants with a path to appeal a licensing board’s decision.
- Require licensing boards to notify applicants of the board’s decision in writing.
- Prevent licensing boards from denying a license based on vague “good moral character” or “moral
- turpitude” requirements.
- Prevent licensing boards from denying a license to an ex-offender due to a crime committed many years ago for which the threat of recidivism is low.
- Block licensing boards from denying a license to an ex-offender based on their criminal records unless the crime is directly related to the occupation.
- Prevent licensing boards from denying a license to an applicant based on an arrest that did not lead to a conviction of a crime.