102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3823

 

Introduced 1/21/2022, by Sen. Cristina H. Pacione-Zayas

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Provides that the Act may be referred to as the Second Chance State Education Act. Contains declarations and findings. Creates the Second Chance Seat in Every Class Act. Provides that each institution of higher education shall reserve at least one enrollment in each class for a returning resident (a person who is a resident of and domiciled in Illinois, has graduated from high school or the equivalent, has been convicted of a felony by a court sitting in Illinois, was sentenced to incarceration pursuant to that conviction, and is not currently incarcerated) and at least one enrollment in each online class for an incarcerated individual. Provides for computer equipment, Internet connections, books, and supplies for enrolled incarcerated individuals. Creates the Incarcerated Individuals and Returning Residents Educational Supply Fund as a fund of the Department of Returning Resident Affairs. Provides that moneys in the Fund shall be used exclusively to pay for costs that incarcerated individuals and returning residents incur for books or other supplies needed to take classes under the Act. Provides that any concession or similar agreement between a public institution of higher education and the operator of a bookstore or similar operation at that public institution of higher education shall include a provision requiring the operator of the bookstore or similar operation to pay 1% of its gross revenues from the operation of that bookstore or similar operation to the Fund. Creates the Second Chance State College Admissions Act. Provides that no institution of higher education shall consider criminal history information when making any decision about an applicant or student, inquire about or consider criminal history information at any time during the admission decision-making process, or place an applicant or student on probationary or similar status based upon criminal history information, with specified exceptions. Contains provisions concerning compliance, administration, enforcement, duties of an Illinois Higher Education in Prison Task Force, educational, licensing, employment barriers, severability, and other matters. Effective immediately, but certain provisions do not take effect at all unless another Act becomes law.


LRB102 22629 CMG 31772 b

 

 

A BILL FOR

 

SB3823LRB102 22629 CMG 31772 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1

 
5    Section 1-1. References to Act. This Act may be referred
6to as the Second Chance State Education Act.
 
7    Section 1-5. Legislative declarations and findings. The
8General Assembly finds and declares that:
9        (1) The price exacted by the approximately 41%
10    recidivism rate in Illinois is intolerably high. Each
11    recidivism event costs Illinois over $151,000. The cost of
12    recidivism in terms of violence to Illinois communities is
13    higher, with 39% of returning residents being re-arrested
14    for a violent crime within 9 years of release and 83% of
15    homicide offenders in Illinois having arrest or conviction
16    records.
17        (2) The General Assembly has previously found that
18    "[t]he benefits of higher education programming…to
19    [incarcerated individuals] and to society are
20    well-documented".
21        (3) That documentation includes Northwestern
22    University's reporting that:

 

 

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1            "[T]here is a 43% reduction in recidivism rates
2        for those [incarcerated individuals] who participate
3        in prison education programs. Indeed, the higher the
4        degree, the lower the recidivism rate is: 14% for
5        those who obtain an associate degree, 5.6% for those
6        who obtain a bachelor's degree, and 0% for those who
7        obtain a master's degree."
8        (4) Further documentation indicates that the benefits
9    of providing educational opportunities to incarcerated
10    individuals and returning residents include reductions in
11    prison disciplinary infractions and increased employment
12    opportunities for returning residents. Most significantly,
13    providing educational opportunities to incarcerated
14    individuals and returning residents creates the type of
15    positive benefits for their children that breaks the
16    intergenerational cycle of incarceration.
17        (5) The General Assembly therefore finds that it is in
18    the best interests of the health, welfare, and prosperity
19    of all Illinois citizens for Illinois to provide and
20    require the provision of the educational opportunities set
21    forth in this Act.
 
22
Article 5

 
23    Section 5-1. Short title. This Article may be cited as the
24Second Chance Seat in Every Class Act. As used in this Article,

 

 

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1"this Act" means this Article.
 
2    Section 5-5. Definitions. As used in this Act:
3    "Degree granting institution" has the meaning set forth in
4Section 2 of the Academic Degree Act.
5    "Department" means the Department of Returning Resident
6Affairs.
7    "Incarcerated individual" means any person who has
8graduated from high school or the equivalent, has been
9convicted of a felony and as a result of that conviction is
10incarcerated in a facility that is located in the State of
11Illinois and is operated by or under contract with: (1) the
12Illinois Department of Corrections; or (2) the United States
13Department of Justice.
14    "Institution of higher education" means any publicly or
15privately operated university, college, community college,
16business, technical, or vocational school, or other
17educational institution offering degrees or instruction beyond
18the secondary school level, including, without limitation, a
19degree granting institution, post-secondary educational
20institution, public institution of higher education, or any
21institution that operates pursuant to authority provided to it
22by the Board of Higher Education or the Board of Higher
23Education Act.
24    "Post-secondary educational institution" has the meaning
25set forth in Section 1 of the Private College Act.

 

 

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1    "Public institutions of higher education" has the meaning
2set forth in Section 1 of the Board of Higher Education Act.
3    "Returning resident" means a person who: (1) is a resident
4of and domiciled in Illinois; (2) has graduated from high
5school or the equivalent; (3) has been convicted of a felony by
6a court sitting in the State of Illinois; (4) was sentenced to
7incarceration pursuant to that conviction; and (5) is not
8currently incarcerated.
 
9    Section 5-10. Returning resident enrollment rights. As a
10condition of its authority to operate in Illinois, each
11institution of higher education shall reserve at least one
12enrollment in each class offered by that institution of higher
13education for a returning resident, subject to the following
14provisions:
15        (1) the returning resident shall not be required to
16    have taken an entrance examination or been admitted as a
17    student of the institution of higher education where the
18    returning resident is taking the class;
19        (2) the returning resident shall not be subject to any
20    residency requirements otherwise applicable to enrollment
21    in a class at the institution of higher education;
22    provided that the returning resident shall be a resident
23    of and domiciled in Illinois;
24        (3) except as provided herein, the returning resident
25    must fulfill the other academic prerequisites for the

 

 

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1    class that apply to other students desiring to take the
2    class;
3        (4) the returning resident shall have the option to
4    take the class for credit or to audit the class and shall
5    be entitled to be awarded degrees, certifications, or
6    similar awards upon the returning resident's satisfactory
7    completion of the requirements for such degrees,
8    certifications, or similar awards;
9        (5) except as otherwise provided herein, the returning
10    resident shall be subject to the course requirements
11    applicable to all other students in a class the returning
12    resident takes pursuant to this Act;
13        (6) the returning resident shall not be required to
14    pay any tuition, fee, or other charge for any class the
15    returning resident takes pursuant to this Act.
 
16    Section 5-15. Incarcerated individual enrollment rights.
17    (a) As a condition of its authority to operate in
18Illinois, each institution of higher education shall reserve
19at least one enrollment in each online class offered by that
20institution of higher education for an incarcerated
21individual, subject to the following provisions:
22        (1) the incarcerated individual shall not be required
23    to have taken an entrance examination or been admitted as
24    a student of the institution of higher education where the
25    incarcerated individual is taking the class;

 

 

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1        (2) the incarcerated individual shall not be subject
2    to any residency requirements otherwise applicable to
3    enrollment in a class at the institution of higher
4    education;
5        (3) except as otherwise provided herein, the
6    incarcerated individual has fulfilled the other academic
7    prerequisites for the class that apply to other students
8    desiring to take the class;
9        (4) the incarcerated individual shall have the option
10    to take the class for credit or to audit it and shall be
11    entitled to be awarded degrees, certifications, or similar
12    awards upon the incarcerated individual's satisfactory
13    completion of the requirements for such degrees,
14    certifications, or similar awards;
15        (5) except as otherwise provided herein, the
16    incarcerated individual shall be subject to the
17    requirements applicable to all other students in a class
18    the incarcerated individual takes pursuant to this Act;
19        (6) the incarcerated individual shall not be required
20    to pay any tuition, fee, or other charge for any class the
21    incarcerated individual takes pursuant to this Act; and
22        (7) an institution of higher education shall not be
23    required to enroll an incarcerated individual in those
24    laboratory and similar classes that the incarcerated
25    individual could not complete due to the limitations
26    resulting from the incarcerated individual's confinement.

 

 

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1    (b) Within one year after the effective date of this Act,
2the Department of Corrections shall provide each incarcerated
3individual who is incarcerated in a facility operated by or
4under contract with the Department of Corrections and who
5wishes to enroll in one or more classes pursuant to this
6Section with:
7        (1) the incarcerated individual's own individual,
8    personal computer equipment, an Internet connection and
9    all other technology that is necessary for such enrollment
10    and that the incarcerated individual can access at any
11    time, at no cost to the incarcerated individual;
12        (2) the ability to obtain books or other supplies that
13    the incarcerated individual reasonably needs to
14    successfully complete such class or classes, subject to
15    reasonable safety and security considerations. The
16    Department of Corrections shall not charge such
17    incarcerated individual more for such books or supplies
18    than the actual cost of those books and supplies, without
19    any addition for administrative expenses the Department of
20    Corrections incurs relative to the provision of those
21    books and supplies.
 
22    Section 5-20. Enforcement. Institutions of higher
23education shall strictly comply with the provisions of this
24Act. The Department is authorized, directed, and required to
25take all actions necessary to obtain such compliance and

 

 

SB3823- 8 -LRB102 22629 CMG 31772 b

1otherwise enforce the provisions of this Act. Notwithstanding
2and in addition to any other requirement of this Act or any
3other provision of law:
4        (1) The provisions of this Act may be enforced
5    pursuant to judicial proceedings against an alleged
6    violator that seek to require the violator to cease and
7    desist from violation of the Act, allow one or more
8    returning residents or incarcerated individuals to enroll
9    in the class or classes they are entitled to enroll in
10    pursuant to this Act, and pay any damages suffered by one
11    or more returning residents or incarcerated individuals
12    for violation of the Act.
13        (2) A returning resident or incarcerated individual
14    shall have a private right of action to enforce the
15    provisions of this Act by personally bringing an action
16    pursuant to paragraph (1). Any institution of higher
17    education that is found liable for violation of this Act
18    pursuant to this paragraph shall, in addition to other
19    damages, be liable to pay all reasonable attorney's fees,
20    costs, and expenses incurred by the returning resident or
21    incarcerated individual and that pertain to the returning
22    resident's or incarcerated individual's attempts to
23    enforce the returning resident's or incarcerated
24    individual's rights against that institution of higher
25    education pursuant to this Act.
26        (3) Venue for any action brought pursuant to this

 

 

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1    Section shall be in the county where the returning
2    resident who is the subject of the action is domiciled or
3    the county where the incarcerated individual who is the
4    subject of the action is detained.
 
5    Section 5-25. Incarcerated Individuals and Returning
6Residents Educational Supply Fund; rules.
7    (a) The Incarcerated Individuals and Returning Residents
8Educational Supply Fund is established as a fund of the
9Department. Moneys in the Fund shall be used exclusively to
10pay for all or a portion of the costs that incarcerated
11individuals and returning residents incur for books or other
12supplies needed to take one or more classes pursuant to this
13Act. Moneys in the Fund shall not be transferable to any other
14State fund and shall not be pledged or used for any purpose
15other than those set forth in this Section.
16    (b) Any concession or similar agreement between a public
17institution of higher education and the operator of a
18bookstore or similar operation at that public institution of
19higher education shall include a provision requiring the
20operator of the bookstore or similar operation to pay 1% of its
21gross revenues from the operation of that bookstore or similar
22operation to the Incarcerated Individuals and Returning
23Residents Educational Supply Fund. The Department of Revenue
24shall collect such moneys from such operators and shall remit
25such collections for deposit into the Fund. Notwithstanding

 

 

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1any other provision of this Act, the Department of Revenue
2shall be authorized to enforce the provisions of this
3subsection (b) regarding payments due from such operators.
4Within 120 days after the effective date of this Act, the
5Department of Revenue shall publish notice of proposed rules
6necessary for it to implement the provisions of this
7subsection (b) in the Illinois Register in accordance with
8Section 5-40 of the Illinois Administrative Procedure Act.
9    (c) Within 120 days after the later of the: (i)
10appointment of the Department's first Director; or (ii)
11effective date of this Act, the Department shall publish
12notice of proposed rules necessary for it to implement the
13provisions of this Act in the Illinois Register in accordance
14with Section 5-40 of the Illinois Administrative Procedure
15Act.
 
16    Section 5-30. Prison college facility study. In addition
17to its other powers and duties, the Illinois Higher Education
18in Prison Task Force shall create a detailed proposal for the
19transition of an existing Department of Corrections facility
20to a full-time, post-secondary, degree granting academic
21institution for persons incarcerated by the Department of
22Corrections. That detailed proposal shall include, without
23limitation, a plan for the operation of a current Department
24of Corrections facility exclusively as a full-time,
25post-secondary, degree granting academic institution within 3

 

 

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1years after the effective date of this Act. That Task Force
2shall submit its detailed proposal to the Governor and General
3Assembly within one year of the effective date of this Act.
 
4    Section 5-35. Administration. This Act shall be
5incorporated in and administered by the Department as part of
6the Second Chance State Program established under the
7Department of Returning Resident Affairs Act.
 
8    Section 5-40. Provisions of Act mandatory. The provisions
9of this Act are mandatory and shall not be considered to be
10directory or discretionary.
 
11
Article 10

 
12    Section 10-1. Short title. This Article may be cited as
13the Second Chance State College Admissions Act. As used in
14this Article, "this Act" means this Article.
 
15    Section 10-5. Definitions. As used in this Act:
16    "Admission decision-making process" means the submission
17of a college application and all aspects of the college
18application process through admission.
19    "Applicant" means an individual who is seeking admission
20to an institution of higher education.
21    "Criminal history information" means any record regarding

 

 

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1an applicant's criminal history, including, but not limited
2to, records of: (1) arrests and detentions, (2) criminal
3charges or indictments and the nature of any disposition
4arising therefrom that does not result in a conviction, and
5(3) convictions other than convictions pursuant to: (A)
6Articles 9 and 10, Subdivisions 5, 10, and 20 of Article 11,
7Sections 11-25 and 11-26, Article 20, 29D, or 30 of the
8Criminal Code of 2012 or similar laws enacted by other
9governmental authorities; or (B) Article 12, 24, or 33A of the
10Criminal Code of 2012 or similar laws enacted by other
11governmental authorities unless 5 years have passed since the
12completion of any sentence imposed pursuant to such conviction
13and the defendant convicted of the offense has not since been
14convicted of a felony.
15    "Degree granting institution" has the meaning set forth in
16Section 2 of the Academic Degree Act.
17    "Institution of higher education" means any publicly or
18privately operated university, college, community college,
19business, technical, or vocational school, or other
20educational institution offering degrees or instruction beyond
21the secondary school level, including, without limitation, a
22degree granting institution, post-secondary educational
23institution, public institution of higher education, or any
24institution that operates pursuant to authority provided to it
25by the Board of Higher Education or the Board of Higher
26Education Act.

 

 

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1    "Post-secondary educational institution" has the meaning
2set forth in Section 1 of the Private College Act.
3    "Public institutions of higher education" has the meaning
4set forth in Section 1 of the Board of Higher Education Act.
5    "Student" means any person taking or seeking to take any
6class at a public institution of higher education, regardless
7of whether the individual has been admitted as a student at
8that public institution of higher education.
 
9    Section 10-10. Discrimination prohibited. Except as
10provided herein and otherwise authorized by law, no
11institution of higher education shall consider an applicant's
12or student's criminal history information when making any
13decision about the applicant or student. This Section does not
14apply to decisions regarding housing.
 
15    Section 10-15. Inquiry about and consideration of criminal
16history information during the admission process.
17    (a) An institution of higher education shall not inquire
18about or consider an applicant's criminal history information
19at any time during the admission decision-making process.
20    (b) Notwithstanding the provisions of subsection (a), an
21institution of higher education may make inquiry about or
22consider an applicant's criminal history information if such
23inquiry or consideration is required by federal law or
24pursuant to Section 2605-327 of the Illinois State Police Law

 

 

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1of the Civil Administrative Code of Illinois or Section 10,
215, or 20 of the Medical School Matriculant Criminal History
3Records Check Act, if applicable. Any inquiry or consideration
4shall be limited to that which is necessary to comply with the
5applicable State or federal law. Inquiry about or
6consideration of criminal history information outside the
7scope of that required by applicable State or federal law is
8prohibited.
 
9    Section 10-20. Probationary status based on criminal
10history information prohibited. An institution of higher
11education shall not place an applicant or student on any
12probationary or similar status based upon criminal history
13information.
 
14    Section 10-25. Information about educational, licensing,
15or employment barriers for people with criminal records. An
16institution for higher education shall include information on
17its website that informs prospective applicants that a
18criminal record may affect an individual's ability to obtain
19certain professional or occupational licenses or types of
20employment or to participate in certain clinical or other
21educational requirements.
 
22    Section 10-30. Enforcement. Institutions of higher
23education shall strictly comply with the provisions of this

 

 

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1Act. The Board of Higher Education is authorized, directed,
2and required to take all actions necessary to obtain such
3compliance and otherwise enforce the provisions of this Act.
4Within 120 days after the effective date of this Act, the Board
5of Higher Education shall publish notice of proposed rules
6necessary for it to implement the provisions of this Act in the
7Illinois Register in accordance with Section 5-40 of the
8Illinois Administrative Procedure Act. Notwithstanding and in
9addition to any other requirement of this Act or any other
10provision of law:
11        (1) The provisions of this Act may be enforced
12    pursuant to judicial proceedings against an alleged
13    violator that seek to require the violator to cease and
14    desist from violation of the Act and pay any damages
15    suffered by one or more persons aggrieved by the Act.
16    Venue for any such action shall be in the county where the
17    person aggrieved by a violation of this Act is domiciled.
18    If the person aggrieved by a violation of this Act is not
19    domiciled in Illinois, venue for any such action shall be
20    in the county where the principal office of the
21    institution of higher education that is the subject to
22    such action is located.
23        (2) Any person who has been aggrieved by a violation
24    of this Act shall have a private right of action to enforce
25    the provisions of this Act by personally bringing an
26    action pursuant to paragraph (1) above. Any institution of

 

 

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1    higher education that is found liable for violation of
2    this Act pursuant to this paragraph shall, in addition to
3    other damages, be liable to pay all reasonable attorney's
4    fees, costs, and expenses incurred by the plaintiff in
5    that action and that pertain to that plaintiff's attempts
6    to enforce its rights against that institution of higher
7    education pursuant to this Act.
 
8    Section 10-35. Provisions of Act mandatory. The provisions
9of this Act are mandatory and shall not be considered to be
10directory or discretionary.
 
11
Article 99

 
12    Section 99-97. Severability. The provisions of this Act
13are severable under Section 1.31 of the Statute on Statutes.
 
14    Section 99-99. Effective date. This Article and Articles 1
15and 10 take effect upon becoming law. Article 5 takes effect
16upon becoming law, but Article 5 does not take effect at all
17unless "An Act creating the Department of Returning Resident
18Affairs" of the 102nd General Assembly becomes law.