HB0297 EngrossedLRB097 06432 RLJ 46514 b

1    AN ACT concerning State government.
 
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 Act, the President
21of the 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, and the
17Illinois Community College Board, and the Illinois Criminal
18Justice Information Authority. Members shall not receive
19compensation. The Illinois Criminal Justice Information
20Authority shall provide staff and other assistance to the Task
21Force.
22    (c) On or before August 1, 2011 September 1, 2010, all
23State agencies shall produce a report for the Task Force that
24describes the employment restrictions that are based on
25criminal records for each occupation under the agency's
26jurisdiction and that of its boards, if any, including, but not

 

 

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

 

 

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

 

 

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1            (B) forms, rules, and procedures that the agency
2        employs to provide notice of disqualification, to
3        review applications subject to disqualification, and
4        to provide for exemptions and appeals of
5        disqualification;
6            (C) memos, guidance, instructions to staff,
7        scoring criteria and other materials used by the agency
8        to evaluate the criminal histories of applicants,
9        licensees, and employees; and
10            (D) forms and notices used to explain waiver,
11        exemption and appeals procedures for denial,
12        suspensions and terminations of employment or
13        licensure based on criminal history.
14    (d) Each State agency shall participate in a review to
15determine the impact of the employment restrictions based on
16criminal records and the effectiveness of existing
17case-by-case review mechanisms. The information required under
18this subsection (d) shall be limited to the data and
19information in the possession of the State agency on the
20effective date of this amendatory Act of the 97th General
21Assembly. With respect to compliance with the requirements of
22this subsection (d), a State agency is under no obligation to
23collect additional data or information. For each occupation
24under the agency's jurisdiction for which there are employment
25restrictions based on criminal records, each State agency must
26provide the Task Force with a report, on or before November 1,

 

 

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12011 March 1, 2010, for the previous 2-year period, setting
2forth:
3        (1) the total number of people currently employed in
4    the occupation whose employment or licensure required
5    criminal history disclosure, background checks or
6    restrictions;
7        (2) the number and percentage of individuals who
8    underwent a criminal history background check;
9        (3) the number and percentage of individuals who were
10    merely required to disclose their criminal history without
11    a criminal history background check;
12        (4) the number and percentage of individuals who were
13    found disqualified based on criminal history disclosure by
14    the applicant;
15        (5) the number and percentage of individuals who were
16    found disqualified based on a criminal history background
17    check;
18        (6) the number and percentage of individuals who sought
19    an exemption or waiver from the disqualification;
20        (7) the number and percentage of individuals who sought
21    an exemption or waiver who were subsequently granted the
22    exemption or waiver at the first level of agency review (if
23    multiple levels of review are available);
24        (8) the number and percentage of individuals who sought
25    an exemption or waiver who were subsequently granted the
26    exemption or waiver at the next level of agency review (if

 

 

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1    multiple levels of review are available);
2        (9) the number and percentage of individuals who were
3    denied an exemption or waiver at the final level of agency
4    review, and then sought review through an administrative
5    appeal;
6        (10) the number and percentage of individuals who were
7    denied an exemption or waiver at the final level of agency
8    review, and then sought review through an administrative
9    appeal and were then found qualified after such a review;
10        (11) the number and percentage of individuals who were
11    found disqualified where no waiver or exemption process is
12    available;
13        (12) the number and percentage of individuals who were
14    found disqualified where no waiver or exemption process is
15    available and who sought administrative review and then
16    were found qualified; and
17        (13) if the agency maintains records of active licenses
18    or certifications, the executive agency shall provide the
19    total number of employees in occupations subject to
20    criminal history restrictions.
21    (e) (Blank). The Task Force shall report its findings and
22recommendations to the Governor and the General Assembly by
23December 31, 2010.
24    (f) The Task Force shall report to the Governor, including
25the General Assembly its findings and recommendations as to any
26employment restrictions that are not reasonably related to

 

 

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1public safety, by February 1, 2012.
2(Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.