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Full Text of SB1338  97th General Assembly

SB1338ham004 97TH GENERAL ASSEMBLY

Rep. Constance A. Howard

Filed: 5/24/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1338

2    AMENDMENT NO. ______. Amend Senate Bill 1338, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Task Force on Inventorying Employment
6Restrictions Act is amended by changing Section 15 as follows:
 
7    (20 ILCS 5000/15)
8    Sec. 15. Task Force.
9    (a) The Task Force on Inventorying Employment Restrictions
10is hereby created in the Illinois Criminal Justice Information
11Authority. The purpose of the Task Force is to review the
12statutes, administrative rules, policies and practices that
13restrict employment of persons with a criminal history, as set
14out in subsection (c) of this Section, and to report to the
15Governor and the General Assembly those employment
16restrictions and their impact on employment opportunities for

 

 

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1people with criminal records. The report shall also identify
2any employment restrictions that are not reasonably related to
3public safety.
4    (b) Within 60 days after the effective date of this
5amendatory Act of the 97th General Assembly, the President of
6the Senate, the Speaker of the House of Representatives, the
7Minority Leader of the Senate, and the Minority Leader of the
8House of Representatives shall each appoint 2 members of the
9General Assembly to the Task Force. The term of office of any
10member of the public appointed by the President of the Senate,
11the Speaker of the House of Representatives, the Minority
12Leader of the Senate, or the Minority Leader of the House of
13Representatives serving on the effective date of this
14amendatory Act of the 97th General Assembly shall end on that
15date. The Governor shall appoint the Task Force chairperson. In
16addition, the Director or Secretary of each of the following,
17or his or her designee, are members: the Department of Human
18Services, the Department of Corrections, the Department of
19Commerce and Economic Opportunity, the Department of Children
20and Family Services, the Department of Human Rights, the
21Department of Central Management Services, the Department of
22Employment Security, the Department of Public Health, the
23Department of State Police, the Illinois State Board of
24Education, the Illinois Board of Higher Education, the Illinois
25Community College Board, and the Illinois Criminal Justice
26Information Authority. Members shall not receive compensation.

 

 

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1The Illinois Criminal Justice Information Authority shall
2provide staff and other assistance to the Task Force.
3    (c) On or before November 1, 2011, all State agencies shall
4produce a report for the Task Force that describes the
5employment restrictions that are based on criminal records for
6each occupation under the agency's jurisdiction and that of its
7boards, if any, including, but not limited to, employment
8within the agency; employment in facilities licensed,
9regulated, supervised, or funded by the agency; employment
10pursuant to contracts with the agency; and employment in
11occupations that the agency licenses or provides
12certifications to practice. For each occupation subject to a
13criminal records-based restriction, the agency shall set forth
14the following:
15        (1) the job title, occupation, job classification, or
16    restricted place of employment, including the range of
17    occupations affected in such places;
18        (2) the statute, regulation, policy, and procedure
19    that authorizes the restriction of applicants for
20    employment and licensure, current employees, and current
21    licenses;
22        (3) the substance and terms of the restriction, and
23            (A) if the statute, regulation, policy or practice
24        enumerates disqualifying offenses, a list of each
25        disqualifying offense, the time limits for each
26        offense, and the point in time when the time limit

 

 

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1        begins;
2            (B) if the statute, regulation, policy or practice
3        does not enumerate disqualifying offenses and instead
4        provides for agency discretion in determining
5        disqualifying offenses, the criteria the agency has
6        adopted to apply the disqualification to individual
7        cases. Restrictions based on agency discretion
8        include, but are not limited to, restrictions based on
9        an offense "related to" the practice of a given
10        profession; an offense or act of "moral turpitude"; and
11        an offense evincing a lack of "good moral character".
12        (4) the procedures used by the agency to identify an
13    individual's criminal history, including but not limited
14    to disclosures on applications and background checks
15    conducted by law enforcement or private entities;
16        (5) the procedures used by the agency to determine and
17    review whether an individual's criminal history
18    disqualifies that individual;
19        (6) the year the restriction was adopted, and its
20    rationale;
21        (7) any exemption, waiver, or review mechanisms
22    available to seek relief from the disqualification based on
23    a showing of rehabilitation or otherwise, including the
24    terms of the mechanism, the nature of the relief it
25    affords, and whether an administrative and judicial appeal
26    is authorized;

 

 

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1        (8) any statute, rule, policy and practice that
2    requires an individual convicted of a felony to have his
3    civil rights restored to become qualified for the job; and
4    9 copies of the following documents:
5            (A) forms, applications, and instructions provided
6        to applicants and those denied or terminated from jobs
7        or licenses based on their criminal record;
8            (B) forms, rules, and procedures that the agency
9        employs to provide notice of disqualification, to
10        review applications subject to disqualification, and
11        to provide for exemptions and appeals of
12        disqualification;
13            (C) memos, guidance, instructions to staff,
14        scoring criteria and other materials used by the agency
15        to evaluate the criminal histories of applicants,
16        licensees, and employees; and
17            (D) forms and notices used to explain waiver,
18        exemption and appeals procedures for denial,
19        suspensions and terminations of employment or
20        licensure based on criminal history.
21    (d) Each State agency shall participate in a review to
22determine the impact of the employment restrictions based on
23criminal records and the effectiveness of existing
24case-by-case review mechanisms. The information required under
25this subsection (d) shall be limited to the data and
26information in the possession of the State agency on the

 

 

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1effective date of this amendatory Act of the 97th General
2Assembly. With respect to compliance with the requirements of
3this subsection (d), a State agency is under no obligation to
4collect additional data or information. For each occupation
5under the agency's jurisdiction for which there are employment
6restrictions based on criminal records, each State agency must
7provide the Task Force with a report, on or before February 1,
82012, for the previous 2-year period, setting forth:
9        (1) the total number of people currently employed in
10    the occupation whose employment or licensure required
11    criminal history disclosure, background checks or
12    restrictions;
13        (2) the number and percentage of individuals who
14    underwent a criminal history background check;
15        (3) the number and percentage of individuals who were
16    merely required to disclose their criminal history without
17    a criminal history background check;
18        (4) the number and percentage of individuals who were
19    found disqualified based on criminal history disclosure by
20    the applicant;
21        (5) the number and percentage of individuals who were
22    found disqualified based on a criminal history background
23    check;
24        (6) the number and percentage of individuals who sought
25    an exemption or waiver from the disqualification;
26        (7) the number and percentage of individuals who sought

 

 

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1    an exemption or waiver who were subsequently granted the
2    exemption or waiver at the first level of agency review (if
3    multiple levels of review are available);
4        (8) the number and percentage of individuals who sought
5    an exemption or waiver who were subsequently granted the
6    exemption or waiver at the next level of agency review (if
7    multiple levels of review are available);
8        (9) the number and percentage of individuals who were
9    denied an exemption or waiver at the final level of agency
10    review, and then sought review through an administrative
11    appeal;
12        (10) the number and percentage of individuals who were
13    denied an exemption or waiver at the final level of agency
14    review, and then sought review through an administrative
15    appeal and were then found qualified after such a review;
16        (11) the number and percentage of individuals who were
17    found disqualified where no waiver or exemption process is
18    available;
19        (12) the number and percentage of individuals who were
20    found disqualified where no waiver or exemption process is
21    available and who sought administrative review and then
22    were found qualified; and
23        (13) if the agency maintains records of active licenses
24    or certifications, the executive agency shall provide the
25    total number of employees in occupations subject to
26    criminal history restrictions.

 

 

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1    (e) (Blank).
2    (f) The Task Force shall report to the Governor and the
3General Assembly its findings, including recommendations as to
4any employment restrictions that are not reasonably related to
5public safety, by July 1, 2013 September 1, 2012.
6(Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10;
797-501, eff. 8-23-11.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".