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Full Text of SB1338  97th General Assembly

SB1338enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB1338 EnrolledLRB097 07075 RLC 47168 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Task Force on Inventorying Employment
5Restrictions Act is amended by changing Section 15 as follows:
 
6    (20 ILCS 5000/15)
7    Sec. 15. Task Force.
8    (a) The Task Force on Inventorying Employment Restrictions
9is hereby created in the Illinois Criminal Justice Information
10Authority. The purpose of the Task Force is to review the
11statutes, administrative rules, policies and practices that
12restrict employment of persons with a criminal history, as set
13out in subsection (c) of this Section, and to report to the
14Governor and the General Assembly those employment
15restrictions and their impact on employment opportunities for
16people with criminal records. The report shall also identify
17any employment restrictions that are not reasonably related to
18public safety.
19    (b) Within 60 days after the effective date of this
20amendatory Act of the 97th General Assembly, the President of
21the Senate, the Speaker of the House of Representatives, the
22Minority Leader of the Senate, and the Minority Leader of the
23House of Representatives shall each appoint 2 members of the

 

 

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1General Assembly to the Task Force. The term of office of any
2member of the public appointed by the President of the Senate,
3the Speaker of the House of Representatives, the Minority
4Leader of the Senate, or the Minority Leader of the House of
5Representatives serving on the effective date of this
6amendatory Act of the 97th General Assembly shall end on that
7date. The Governor shall appoint the Task Force chairperson. In
8addition, the Director or Secretary of each of the following,
9or his or her designee, are members: the Department of Human
10Services, the Department of Corrections, the Department of
11Commerce and Economic Opportunity, the Department of Children
12and Family Services, the Department of Human Rights, the
13Department of Central Management Services, the Department of
14Employment Security, the Department of Public Health, the
15Department of State Police, the Illinois State Board of
16Education, the Illinois Board of Higher Education, the Illinois
17Community College Board, and the Illinois Criminal Justice
18Information Authority. Members shall not receive compensation.
19The Illinois Criminal Justice Information Authority shall
20provide staff and other assistance to the Task Force.
21    (c) On or before November 1, 2011, all State agencies shall
22produce a report for the Task Force that describes the
23employment restrictions that are based on criminal records for
24each occupation under the agency's jurisdiction and that of its
25boards, if any, including, but not limited to, employment
26within the agency; employment in facilities licensed,

 

 

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1regulated, supervised, or funded by the agency; employment
2pursuant to contracts with the agency; and employment in
3occupations that the agency licenses or provides
4certifications to practice. For each occupation subject to a
5criminal records-based restriction, the agency shall set forth
6the following:
7        (1) the job title, occupation, job classification, or
8    restricted place of employment, including the range of
9    occupations affected in such places;
10        (2) the statute, regulation, policy, and procedure
11    that authorizes the restriction of applicants for
12    employment and licensure, current employees, and current
13    licenses;
14        (3) the substance and terms of the restriction, and
15            (A) if the statute, regulation, policy or practice
16        enumerates disqualifying offenses, a list of each
17        disqualifying offense, the time limits for each
18        offense, and the point in time when the time limit
19        begins;
20            (B) if the statute, regulation, policy or practice
21        does not enumerate disqualifying offenses and instead
22        provides for agency discretion in determining
23        disqualifying offenses, the criteria the agency has
24        adopted to apply the disqualification to individual
25        cases. Restrictions based on agency discretion
26        include, but are not limited to, restrictions based on

 

 

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1        an offense "related to" the practice of a given
2        profession; an offense or act of "moral turpitude"; and
3        an offense evincing a lack of "good moral character".
4        (4) the procedures used by the agency to identify an
5    individual's criminal history, including but not limited
6    to disclosures on applications and background checks
7    conducted by law enforcement or private entities;
8        (5) the procedures used by the agency to determine and
9    review whether an individual's criminal history
10    disqualifies that individual;
11        (6) the year the restriction was adopted, and its
12    rationale;
13        (7) any exemption, waiver, or review mechanisms
14    available to seek relief from the disqualification based on
15    a showing of rehabilitation or otherwise, including the
16    terms of the mechanism, the nature of the relief it
17    affords, and whether an administrative and judicial appeal
18    is authorized;
19        (8) any statute, rule, policy and practice that
20    requires an individual convicted of a felony to have his
21    civil rights restored to become qualified for the job; and
22    9 copies of the following documents:
23            (A) forms, applications, and instructions provided
24        to applicants and those denied or terminated from jobs
25        or licenses based on their criminal record;
26            (B) forms, rules, and procedures that the agency

 

 

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1        employs to provide notice of disqualification, to
2        review applications subject to disqualification, and
3        to provide for exemptions and appeals of
4        disqualification;
5            (C) memos, guidance, instructions to staff,
6        scoring criteria and other materials used by the agency
7        to evaluate the criminal histories of applicants,
8        licensees, and employees; and
9            (D) forms and notices used to explain waiver,
10        exemption and appeals procedures for denial,
11        suspensions and terminations of employment or
12        licensure based on criminal history.
13    (d) Each State agency shall participate in a review to
14determine the impact of the employment restrictions based on
15criminal records and the effectiveness of existing
16case-by-case review mechanisms. The information required under
17this subsection (d) shall be limited to the data and
18information in the possession of the State agency on the
19effective date of this amendatory Act of the 97th General
20Assembly. With respect to compliance with the requirements of
21this subsection (d), a State agency is under no obligation to
22collect additional data or information. For each occupation
23under the agency's jurisdiction for which there are employment
24restrictions based on criminal records, each State agency must
25provide the Task Force with a report, on or before February 1,
262012, for the previous 2-year period, setting forth:

 

 

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1        (1) the total number of people currently employed in
2    the occupation whose employment or licensure required
3    criminal history disclosure, background checks or
4    restrictions;
5        (2) the number and percentage of individuals who
6    underwent a criminal history background check;
7        (3) the number and percentage of individuals who were
8    merely required to disclose their criminal history without
9    a criminal history background check;
10        (4) the number and percentage of individuals who were
11    found disqualified based on criminal history disclosure by
12    the applicant;
13        (5) the number and percentage of individuals who were
14    found disqualified based on a criminal history background
15    check;
16        (6) the number and percentage of individuals who sought
17    an exemption or waiver from the disqualification;
18        (7) the number and percentage of individuals who sought
19    an exemption or waiver who were subsequently granted the
20    exemption or waiver at the first level of agency review (if
21    multiple levels of review are available);
22        (8) the number and percentage of individuals who sought
23    an exemption or waiver who were subsequently granted the
24    exemption or waiver at the next level of agency review (if
25    multiple levels of review are available);
26        (9) the number and percentage of individuals who were

 

 

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1    denied an exemption or waiver at the final level of agency
2    review, and then sought review through an administrative
3    appeal;
4        (10) the number and percentage of individuals who were
5    denied an exemption or waiver at the final level of agency
6    review, and then sought review through an administrative
7    appeal and were then found qualified after such a review;
8        (11) the number and percentage of individuals who were
9    found disqualified where no waiver or exemption process is
10    available;
11        (12) the number and percentage of individuals who were
12    found disqualified where no waiver or exemption process is
13    available and who sought administrative review and then
14    were found qualified; and
15        (13) if the agency maintains records of active licenses
16    or certifications, the executive agency shall provide the
17    total number of employees in occupations subject to
18    criminal history restrictions.
19    (e) (Blank).
20    (f) The Task Force shall report to the Governor and the
21General Assembly its findings, including recommendations as to
22any employment restrictions that are not reasonably related to
23public safety, by July 1, 2013 September 1, 2012.
24(Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10;
2597-501, eff. 8-23-11.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.