Section 15-22-24.1 Board of Pardons and Paroles -- Certificate of Employability.

(a) The Board of Pardons and Paroles shall create a certificate of employability that shall be issued by the board to individuals under the custody of the Department of Corrections who meet eligibility criteria established by the board, by rule, which demonstrates an individual’s achievements toward successful reentry into the workforce. The eligibility criteria shall include consideration of: (1) An individual’s disciplinary record while in the custody of the Department of Corrections; (2) Successful completion of designated programs or development of a useful skill set while in the custody of the Department of Corrections; and (3) Any other factor the board deems relevant to an individual’s qualification for the certificate. (b) The Board of Pardons and Paroles shall notify individuals in the custody of the Department of Corrections of the possibility to earn a certificate of employability. Prior to being released on parole, the board shall determine whether an individual meets the eligibility criteria and if so, issue a certificate of employability when the individual is released from the custody of the department for use in obtaining employment. (c) An individual required to register as a sex offender pursuant to Chapter 20A of Title 15 or convicted of a violent offense, as defined in Section 12-25-32, is ineligible to be issued a certificate of employability. (d) The Board of Pardons and Paroles shall revoke a certificate of employability if the individual to whom the certificate of employability was issued is convicted of a felony offense committed after the issuance of the certificate of employability. (e)(1) In a judicial or administrative proceeding alleging negligent hiring, a certificate of employability issued to an individual pursuant to this section may be introduced as evidence of an employer’s due care in hiring that individual if the employer knew of the certificate at the time of the alleged negligent hiring. (2) In any proceeding on a claim against an employer for negligent hiring based upon the prior conviction of an employee, a certificate of employability issued to an individual pursuant to this section shall provide immunity for the employer with respect to the claim of negligent hiring if the employer knew of the certificate at the time of the alleged negligent hiring. This subdivision does not provide immunity to the employer for other claims related to the conduct of the employee. (3) The revocation of a certificate of employability does not affect the right of an employer to rely on the validity of the certificate of employability at the time of hiring unless the employer knew before the individual was employed that the certificate of employability was fraudulent or was revoked. (f) An employer who hires an individual who has been issued a certificate of employability may be held liable in a civil action based on or relating to the retention of the individual as an employee only if: (1) The individual, after being hired, demonstrates a danger to others or is convicted of a felony; (2) The plaintiff proves by a preponderance of the evidence that the individual having hiring and firing responsibility for the employer had actual knowledge that the employee demonstrated a danger to others or was convicted of a felony; and (3) That the individual having hiring and firing responsibility, upon having actual knowledge that the individual demonstrated a danger to others, nonetheless retained the individual as an employee. (g) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the state, consistent with Section 36-1-12, and no action shall be maintained against the state or any agency or department thereof for issuance of or failure to issue any certificate of employability. (h) This section shall not apply to any board governed by Chapter 9, Chapter 23, or Chapter 24 of Title 34.