The County Council for Prince George's County, Maryland, hereby finds that over 92 million Americans, roughly one in three adults, have a criminal history record involving an arrest or conviction and nearly 700,000 people a year return to their communities from incarceration, and many are job seekers who are ready and able to become part of the work force; that studies indicate that job applicants are often precluded from even getting an interview when applications require disclosure of whether the applicant has a criminal record; that lack of employment is a significant cause of recidivism, which threatens public safety and disrupts the financial and general stability of affected families and communities; that increased government expenditures on law enforcement and social programs, necessitated by the inability of people with criminal records to find gainful employment, are an impediment to the County reaching its potential for economic growth; that increasing employment of people with criminal records improves public safety and reduces the financial burden on government; and that in order to effectively respond, the County Council for Prince George's County, Maryland hereby declares that it is the public policy of Prince George's County to assist in the successful reintegration of individuals with criminal records into the workforce by removing barriers to employment and enhance the health and safety of the community by assisting individuals with criminal records to lawfully provide for themselves and their families.

For purposes of this Subdivision, the following words and phrases shall have the following meanings indicated: Applicant means a person who is considered or who requests to be considered for employment in the County by an employer. Arrest means being apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime. Arrest Record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime. Cannabis/Marijuana means the plant Cannabis sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis as defined in Md. Code Ann., Criminal Law § 5-101. Conviction means a verdict or plea of guilty or nolo contendere to a criminal act. Conviction Record means information regarding a sentence arising from a verdict, a plea of guilty, a plea of nolo contendere, an Alford plea including a sentence of incarceration a fine, a penalty, a suspended sentence, or a sentence of probation. Criminal Record report means a record of a person's arrest and conviction history obtained from any source. Director means the Executive Director of the Office of Human Rights. Employment means: Any work for compensation; and Any form of vocational or educational training, with or without compensation. Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs ten (10) or more persons full-time in the County. Employer includes the County government, but does not include the United States, any State, or any other local government. Inquiry or Inquire means any direct or indirect conduct intended to gather information, using any mode of communication. Potential Applicant means a person that intends to submit an application. Sentence means the term of imprisonment or probation imposed on a convicted defendant for criminal wrongdoing. Vulnerable Adult means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. Nonviolent Felony means a felony conviction for a crime that is not a crime of violence as defined in Sec. 14-101 of the Criminal Law Article, Annotated Code of Maryland. Prohibited Inquiries and Considerations. An employer is prohibited from inquiry into or considering convictions or conviction records of any applicant for employment where the sentence of the applicant was completed. For a nonviolent felony, at least (5) five years or sixty (60) months ago; or For a misdemeanor, at least thirty (30) months ago.

Inquiry on application. An Employer shall not require an Applicant or Potential Applicant to disclose on an employment application the existence or details of the Applicant's or Potential Applicant's Arrest Record or Conviction record. If the Employer is the County, then it is prohibited from making any inquiry into whether the Applicant or Potential Applicant has ever partaken in the consumption or use of Cannabis or Marijuana. Preliminary inquiry into Criminal Record. In connection with the proposed Employment of an Applicant, an Employer shall not, at any time until the conclusion of a first interview: require the Applicant to disclose whether the Applicant has an Arrest Record or Conviction Record, or otherwise has been accused of a crime; conduct a Criminal Record check on the Applicant; or inquire of the Applicant or others about whether the Applicant has an Arrest or Conviction record or otherwise has been accused of a crime. An Employer is prohibited at any time from inquiring into or considering convictions or Conviction Records of any Applicant for Employment where the Sentence of the Applicant was completed: for a nonviolent felony, at least five (5) years or sixty (60) months ago; or for a misdemeanor, at least thirty (30) months ago. An employer shall not at any time inquire into or consider arrests of an applicant that did not result in a conviction, except where the result was probation before judgement. In cases that resulted in probation before judgement, such outcomes shall be treated as misdemeanors for the purposes of this Section. An employer shall not at any time inquire into or consider any arrest or conviction of an applicant for possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, provided any sentence for such crime has been completed, unless it was a conviction that included an intent to distribute. An employer is prohibited from conducting background checks or investigations that do not conform to the restrictions of this Section. Retaliation. An Employer shall not: retaliate against any person for: lawfully opposing any violation of this Subdivision; filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Subdivision; or obstruct or prevent enforcement or compliance with this Subdivision.

In making an employment decision based on an Applicant's Arrest Record or Conviction Record, an Employer shall conduct an individualized assessment, considering only specific offenses that may demonstrate unfitness to perform the duties of the position sought by the Applicant, the time elapsed since the specific offenses, and any evidence of inaccuracy in the record. If an Employer intends to rescind an offer of Employment based on an item or items in the Applicant's Arrest or Conviction Record, before rescinding the offer of employment the Employer shall: provide the Applicant with a copy of any Criminal Record report; notify the Applicant, in writing, of the intention to rescind the offer of employment and the items that are the basis for the intention to rescind the offer of employment; and delay rescinding the offer of employment for seven (7) days to permit the Applicant to give the Employer notice of inaccuracy of an item or items on which the intention to rescind the offer of employment is based. The Applicant must receive in writing from the Employer his or her right under this provision. If an Employer decides to rescind an offer of employment based on the Arrest Record or Conviction Record of an Applicant, the Employer shall notify the Applicant of the rescission of the offer of employment in writing.

The prohibitions and requirements of this Subdivision shall not apply if the inquiries prohibited by this Subdivision are required or expressly authorized by an applicable Federal, State, or County law or regulation. The prohibitions and requirements of this Subdivision, with the exception of section 2-231.04(b) of this Subdivision, shall not apply to any County public safety agencies or to positions that, in the judgment of the County, have access to confidential or proprietary business or personal information, money or items of value, or involve emergency management; provided that, any applicant for a civilian or sworn public safety position who discloses prior use of marijuana shall remain eligible to continue in the applicable application process with no immediate delay or removal. The prohibitions of this Subdivision shall not apply to an employer that provides programs, services, or direct care to minors or Vulnerable Adults.

The Director shall administer and enforce this Subdivision. A person aggrieved by an alleged violation of this Subdivision may file a written complaint with the Director pursuant to Subtitle 2, Division 12 of the County Code. An Employer found in violation of this Act shall be subject to a fine up to the maximum allowed by the County or State law for each violation.

The Agency shall maintain data on the number of complaints filed pursuant to this Subdivision, demographic information on the complainants, the number of investigations it conducts, and the disposition of every complaint and investigation. The Director shall provide the County Council and County Executive an annual report on the number of complaints and the disposition of every complaint and investigation on or before December 31 beginning fiscal year 2016 and each year thereafter.