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71 N.D. L. Rev. 187 (1995)
The Character Component of Occupational Licensing Laws: A Continuing Barrier to the Ex-Felon's Employment Opportunities

handle is hein.journals/nordak71 and id is 201 raw text is: THE CHARACTER COMPONENT OF OCCUPATIONAL LICENSING LAWS: A CONTINUING BARRIER TO THE EX-FELON'S EMPLOYMENT OPPORTUNITIES BRUCE E. MAY* I. INTRODUCTION In the 1980s this nation became addicted to imprisonment as a primary way of dealing with social problems and unlawful conduct.1 The addiction has not changed in the 1990s. United States citizens are becoming increasingly frustrated by crime and violence and are looking to increased sentences and long-term imprisonment as a solution to their frustration .2 Policymakers in the United States must create and adopt rational strategies not only to protect society but also to reduce the number of prison inmates.3 Spending on corrections is the fastest growing item in state budgets.4 Recidivists or repeat offenders constitute a large propor- tion of the prison population.5 Reducing recidivism can operate to reduce the overall prison population thereby reducing the burdens on state and federal budgets. Imprisonment as a method to reduce recidivism has not been effective.6 However, facilitating employment opportunities for ex-felons * Assistant Professor of Business Law, University of South Dakota; B.S., University of Wisconsin, 1971; D.B.A., United States International University, 1981; J.D., University of San Diego, 1984. The author is a member of the California and Minnesota bars. Funding for this article was provided in part by a University of South Dakota Faculty Development Grant. 1. See David C. Leven, Curing America's Addiction to Prisons, 20 FoRDtHAM URB. LJ. 641, 642 (1993) (discussing the numerous adverse consequences of this nation's addiction to prisons, such as the financial burden to taxpayers, and arguing that if policymakers changed their vision and implemented constructive reforms, they could conquer an addiction that is wasting lives and billions of dollars). 2. For example, in 1994 three strikes, you're out legislation or similar proposals have emerged in approximately 30 states. Howard Buskirk, California Passes a Tough Three-Strikes-You're Out Law, CRIM. JUST. NEwSL., April 4, 1994, at 6. Three-strikes provisions generally mandate life imprisonment for offenders convicted of a serious felony 'if they had two or more prior convictions for such offenses. Id. California's three-strikes law went into effect on March 7, 1994. Id. A three-strikes provision is also part of the federal Violent Crime Control and Law Enforcement Act of 1994 signed into law by President Clinton on September 13, 1994. 55 CRIM. L. REP. (BNA) 2305, 2365 (1994). 3. The nation's state and federal prison population rose 7.4% in 1993, reaching a record high of 948,881 inmates, nearly triple the level of 1980. Prison Population Reached New High of 948,881 Last Year, CRsM. JUST. NEWSL., June 1, 1994, at 6. As of December 31, 1993, overcrowding was estimated at between 18% and 29% above capacity in state prisons and 36% over capacity in federal institutions. Id. 4. State spending on prisons increased 7.7% in the 1995 fiscal year (which most states began on July 1) compared to the year before. States Report Corrections is Fastest-Growing Budget Item, CRIM. JUST. NEWSL., August 1, 1994, at 5. Prison spending between the fiscal year 1993 and 1994 grew by 9.7%. Id. 5. Leven, supra note 1, at 642 n.9 (noting a study of a sample of prisoners released in 1983 from prisons in eleven states indicated that 62.5% were rearrested for a new felony or serious misdemeanor, and 41.4% were returned to prison or jail). 6. Leven, supra note 1, at 642.

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