Illinois General Assembly - Full Text of SB3142
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Full Text of SB3142  102nd General Assembly

SB3142 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3142

 

Introduced 1/12/2022, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7  from Ch. 116, par. 207
20 ILCS 5/5-15  was 20 ILCS 5/3
20 ILCS 5/5-20  was 20 ILCS 5/4
20 ILCS 5/5-172 new
20 ILCS 5/5-240 new
20 ILCS 5/5-402 new
730 ILCS 5/3-14-3  from Ch. 38, par. 1003-14-3

    Creates the Department of Returning Resident Affairs Act (which may be referred to as the Second Chance State Act) and amends the Freedom of Information Act, the Civil Administrative Code of Illinois, and the Unified Code of Corrections. Contains declarations and findings. Creates the Department of Returning Resident Affairs Act. Sets forth the powers of the Department in relation to formerly incarcerated or detained individuals and other matters. Provides that the Department shall develop and administer the Second Chance State Program and specifies the establishment of hub sites to serve eligible individuals and other elements of the Program. Creates the Second Chance State Transportation Task Force to create a program to provide no-cost or low-cost transportation options for returning residents before or after their release from incarceration. Creates the Returning Residents Interagency Council to identify the manner in which State officials and agencies can designate, allocate, and coordinate the use of their resources to best support the needs of returning residents. Provides for the appointment of (i) a Director of Returning Resident Affairs who has experience working with or for a community-based organization and was incarcerated in an Illinois Department of Corrections facility for not less than one year and (ii) an Assistant Director and a General Counsel, and provides that these appointees shall serve for a 7-year period and shall be subject to removal only upon a finding of misconduct by the Executive Inspector General for the agencies of the Illinois Governor. Contains provisions regarding other matters. Provides that the provisions of the Act are severable. Effective immediately.


LRB102 22625 RLC 31768 b

 

 

A BILL FOR

 

SB3142LRB102 22625 RLC 31768 b

1    AN ACT creating the Department of Returning Resident
2Affairs.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Short title; references to Act.
6    (a) This Act may be cited as the Department of Returning
7Resident Affairs Act.
8    (b) This Act may be referred to as the Second Chance State
9Act.
 
10    Section 5. Legislative declarations and findings. The
11General Assembly finds and declares that:
12        (1) The health, welfare, and prosperity of all
13    Illinois citizens requires the State to change its
14    response to individuals impacted by the judicial system
15    from failed siloed programming to a comprehensive,
16    coordinated, and holistic approach that provides those
17    returning residents with a real second chance to succeed
18    in life.
19        (2) Approximately 42% of Illinois' working age
20    population has an arrest or conviction record. The fact
21    that many of these Illinoisans had no first chance at
22    success in life before their interaction with the judicial
23    system, let alone a real second chance after their

 

 

SB3142- 2 -LRB102 22625 RLC 31768 b

1    release, underscores the need to respond to these
2    individuals when their justice involvement begins without
3    waiting until it ends.
4        (3) This condition is exacerbated after these
5    individuals are released from incarceration because they
6    are often perceived as being forever irredeemable even
7    though they have paid their debt to society. Their
8    post-incarceration environment is therefore fraught with
9    barriers to their success, with obstacles impeding them
10    from accessing such basic human necessities as decent
11    housing, meaningful employment, transportation,
12    education, digital literacy, health care, and nutrition.
13        (4) The cost of those obstacles to Illinois is high,
14    both in terms of dollars and violence. Approximately 41%
15    of persons incarcerated in Illinois will recidivate within
16    3 years. Each recidivism event costs Illinois taxpayers
17    over $151,000. The cost of recidivism in terms of violence
18    to Illinois communities is higher, with 39% of returning
19    residents being re-arrested for a violent crime within 9
20    years of release and 83% of homicide offenders in Illinois
21    having arrest or conviction records. An uncalculated cost
22    to Illinois is the loss of productivity and profitability
23    to our State's businesses that suffer from labor shortages
24    when returning residents could be supported and prepared
25    to enter the workforce.
26        (5) Illinois' current approach to returning residents

 

 

SB3142- 3 -LRB102 22625 RLC 31768 b

1    fails because it requires them to navigate through the
2    requirements of numerous disjointed, siloed, and
3    uncoordinated programs that do not fit their individual
4    needs and without the fundamental knowledge, tools, and
5    assistance needed for those returning residents to
6    navigate them.
7        (6) It is in the best interests of all Illinois
8    citizens for the State to reduce the cost of recidivism by
9    moving from this failed approach. It is therefore in the
10    best interests of all Illinois citizens for the State to
11    create a comprehensive, coordinated, and holistic program
12    that provides returning residents with effective
13    assistance to respond to the social determinants and
14    obstacles that impede their successful reentry to society.
15        (7) This approach is best achieved by the State's
16    creation of a single Department to coordinate the
17    provision of programs to returning residents through
18    community-based navigators working for community-based
19    organizations. Those navigators and community-based
20    organizations understand returning residents' assessed and
21    individualized needs because they work in the communities
22    where returning residents live. With this experience, they
23    can support returning residents with the resources and
24    assistance they need to navigate through and connect with
25    the multiple systems and service providers that returning
26    residents require to be successful in life.

 

 

SB3142- 4 -LRB102 22625 RLC 31768 b

1        (8) The General Assembly therefore finds that it is
2    necessary to create the Department of Returning Resident
3    Affairs and to require the Department to take the actions
4    and establish the programs described in this Act.
 
5    Section 10. Definitions. As used in this Act:
6    "Community-based organization" means a private, non-profit
7entity that has established and demonstrable experience
8providing services to Illinois' returning resident community
9and an understanding of the issues affecting those returning
10residents, which is evidenced by:
11        (1) the provision of services to returning residents
12    in Illinois for at least 5 years;
13        (2) experience providing returning residents with
14    assistance regarding issues necessary for those returning
15    residents' success in life, including, without limitation,
16    job preparation training, skills training, job placement,
17    housing, financial and digital literacy, and physical and
18    behavioral health;
19        (3) experience providing educational programming to
20    returning residents;
21        (4) experience providing that assistance on a
22    comprehensive, coordinated, and holistic basis;
23        (5) experience using service delivery systems that
24    employ the navigators or personnel similar to the
25    navigators described in this Act to connect returning

 

 

SB3142- 5 -LRB102 22625 RLC 31768 b

1    residents to other community-based service providers;
2        (6) establishment of relationships with other
3    community-based service providers that serve returning
4    residents' needs;
5        (7) the organization's history of employing returning
6    residents; and
7        (8) the organization's leadership reflecting the
8    diversity of the community in which the organization
9    operates.
10    "Council" means the Returning Resident Interagency
11Council.
12    "Director" means the Director of Returning Resident
13Affairs.
14    "Department" means the Department of Returning Resident
15Affairs.
16    "For-profit correctional entity" means a person or entity
17that directly, indirectly, or beneficially operates a
18correctional or detention facility for profit.
19    "Hub site operator" means the community-based organization
20that contracts with the Department to operate a hub site under
21the Program;
22    "Navigator" means one of the various types of navigators
23described in this Act who are employed by or contracted with a
24hub site operator under the Program.
25    "Program" means the Second Chance State Program described
26in this Act.

 

 

SB3142- 6 -LRB102 22625 RLC 31768 b

1    "Program participant" means a returning resident who has
2consented to participate in the Program.
3    "Returning resident" means an Illinois resident who is at
4least 17 years old and:
5        (1) has been detained by a law enforcement officer or
6    correctional officer of this State or any agency or
7    political subdivision of this State;
8        (2) is a defendant in a criminal prosecution pending
9    in any State or federal court sitting in the State of
10    Illinois;
11        (3) is incarcerated or otherwise detained in any
12    local, county, State, or federal correctional or detention
13    facility located in the State of Illinois; or
14        (4) has been incarcerated or otherwise detained in any
15    local, county, State, or federal correctional or detention
16    facility.
 
17    Section 15. Creation of the Department of Returning
18Resident Affairs. The Department of Returning Resident Affairs
19is created. The Department shall exercise governmental and
20public powers, be perpetual in duration, and have the powers
21and duties enumerated in this Act, together with other powers
22and duties conferred upon it by law and powers and duties that
23are necessary or implied for the purpose of effectuating the
24policy declared in Section 5.
 

 

 

SB3142- 7 -LRB102 22625 RLC 31768 b

1    Section 20. General powers of the Department.
2    (a) Except as otherwise limited by this Act, the
3Department has all of the powers necessary or convenient to
4carry out the purposes and provisions of this Act, including,
5without limitation, each of the following:
6        (1) To have a corporate seal, and to alter that seal at
7    pleasure, and to use it by causing it or a facsimile to be
8    affixed or impressed or reproduced in any other manner.
9        (2) To obtain and employ personnel and hire
10    consultants that are necessary to fulfill the Department's
11    purposes, and to make expenditures for that purpose within
12    the appropriations for that purpose.
13        (3) To purchase, receive, take by grant, gift, devise,
14    bequest, or otherwise, lease, or otherwise acquire, own,
15    hold, improve, employ, use, convey in whole or in part,
16    and otherwise deal in and with real or personal property
17    whether tangible or intangible, or any interest therein,
18    within the State.
19        (4) To make and execute agreements, contracts, and
20    other instruments necessary or convenient in the exercise
21    of the powers and functions of the Department under this
22    Act, including contracts with any person, local
23    government, State Department, or other entity. All State
24    agencies and all local governments are authorized to enter
25    into and do all things necessary to perform any such
26    agreement, contract, or other instrument with the

 

 

SB3142- 8 -LRB102 22625 RLC 31768 b

1    Department. No such agreement, contract, or other
2    instrument shall exceed 40 years.
3        (6) To maintain the Department at such place or places
4    in the State as it may determine.
5        (7) To request information, and to make any inquiry,
6    investigation, survey, or study that the Department may
7    deem necessary to enable it effectively to carry out the
8    provisions of this Act.
9        (8) To accept and expend appropriations.
10        (9) To engage in any activity or operation that is
11    incidental to and in furtherance of efficient operation to
12    accomplish the Department's purposes.
13        (10) To adopt, revise, amend, and repeal rules with
14    respect to its operations as may be necessary or
15    convenient to carry out the purposes of this Act, subject
16    to the provisions of the Illinois Administrative Procedure
17    Act. The Department shall consult and collaborate with
18    community-based organizations in a meaningful manner when
19    developing the rules. The Department shall provide all
20    community-based organizations that file a written
21    statement of interest with the Department with at least 10
22    business days to comment on any proposed rules of the
23    Department before the Department publishes notice of the
24    proposed rules in the Illinois Register in accordance with
25    Section 5-40 of the Illinois Administrative Procedure Act.
26    (b) Unless otherwise stated, the Department is subject to

 

 

SB3142- 9 -LRB102 22625 RLC 31768 b

1the provisions of all applicable laws, including, but not
2limited to:
3        (1) The State Records Act.
4        (2) The Illinois Procurement Code.
5        (3) The Freedom of Information Act.
6        (4) The State Property Control Act.
 
7    Section 25. Illinois Administrative Procedure Act. The
8provisions of the Illinois Administrative Procedure Act shall
9apply to all administrative rules and procedures of the
10Department.
 
11    Section 30. Administrative Review Law. Any final
12administrative decision of the Department is subject to review
13under the Administrative Review Law.
 
14    Section 35. Illinois State Auditing Act. For purposes of
15the Illinois State Auditing Act, the Department is a State
16agency within the meaning of that Act and is subject to the
17jurisdiction of the Auditor General.
 
18    Section 40. Department officials.
19    (a) The Department shall have a Director who meets the
20qualifications specified in subsection (a) of Section 5-240 of
21the Civil Administrative Code of Illinois.
22    (b) The Department shall have an Assistant Director and

 

 

SB3142- 10 -LRB102 22625 RLC 31768 b

1General Counsel who meet the qualifications specified in
2subsection (b) of Section 5-240 of the Civil Administrative
3Code of Illinois.
 
4    Section 45. The Second Chance State Program.
5    (a) Subject to appropriation, within one year of the
6effective date of this Act, the Department shall develop,
7create, implement, and administer the Second Chance State
8Program.
9    (b) The following actions shall be taken to implement the
10Program:
11        (1) Within 2 hours after making an arrest, or sooner
12    if the arrestee is released in less than 2 hours, each law
13    enforcement officer shall provide each person that the law
14    enforcement officer arrests with information about the
15    Program, including, without limitation, contact
16    information for the Program and an opportunity for the
17    arrestee to consent to the law enforcement officer's
18    direct referral of the arrestee to the Program. Upon the
19    arrestee's consent to such direct referral and provision
20    of appropriate contact information to the law enforcement
21    officer, that law enforcement officer shall forward the
22    arrestee's consent and contact information to the Program
23    within 5 business days after the law enforcement officer
24    receives such information.
25        (2) Simultaneously with a defendant's first appearance

 

 

SB3142- 11 -LRB102 22625 RLC 31768 b

1    in a criminal proceeding, the clerk of the circuit court
2    where the defendant's case is pending shall provide the
3    defendant with information about the Program, including,
4    without limitation, contact information for the Program
5    and an opportunity for the defendant to consent to the
6    clerk's direct referral of the defendant to the Program.
7    Upon the defendant's consent to such direct referral and
8    provision of appropriate contact information to the clerk,
9    that clerk shall forward the defendant's consent and
10    contact information to the Program within 5 business days
11    after the clerk receives such information.
12        (3) Each county sheriff shall provide the following to
13    each person detained in a facility over which that sheriff
14    has jurisdiction, prior to each detainee's release from
15    the facility: (A) information about the Program,
16    including, without limitation, contact information for the
17    Program and (B) an opportunity for the detainee to consent
18    to the sheriff's direct referral of the detainee to the
19    Program. Upon the detainee's consent to such direct
20    referral and provision of appropriate contact information
21    to the sheriff, that sheriff shall forward the detainee's
22    consent and contact information to the Program within 5
23    business days after the sheriff receives such information.
24        (4) The Department of Corrections shall provide the
25    following to each person incarcerated in a facility
26    operated directly by or under contract with the Department

 

 

SB3142- 12 -LRB102 22625 RLC 31768 b

1    of Corrections within 6 months of the individual's
2    projected release from the facility: (A) information about
3    the Program, including, without limitation, contact
4    information for the Program and (B) an opportunity for the
5    incarcerated individual to consent to the Department of
6    Corrections' direct referral of the individual to the
7    Program. Upon the incarcerated individual's consent to
8    such direct referral and provision of appropriate contact
9    information to the Department of Corrections, the
10    Department of Corrections shall forward the incarcerated
11    individual's consent and contact information to the
12    Program within 5 business days after the Department of
13    Corrections receives such information.
14        (5) The Department shall provide both hard copy and
15    electronic versions of the information and consent forms
16    described in this Act in English, Spanish, Polish, and
17    such other languages as the Department may choose to
18    clerks of the circuit court, county sheriffs, the
19    Department of Corrections, and other entities that request
20    such information and forms. The Department shall create a
21    system that allows for law enforcement officers, clerks of
22    the circuit court, the Department of Corrections, and
23    others to electronically transmit information to the
24    Department that is required by this Act in the most
25    reasonably efficient and expeditious manner. The
26    obligations imposed upon law enforcement officers, clerks

 

 

SB3142- 13 -LRB102 22625 RLC 31768 b

1    of the circuit court, the Department of Corrections, and
2    others by this Act shall not be held in abeyance or
3    otherwise altered while the Department creates such a
4    system.
5        (6) The Department shall, on its own or under contract
6    with a community-based organization, maintain a
7    non-automated, toll-free telephone hotline for returning
8    residents to contact about their immediate needs and
9    referral to the Program. That hotline shall be solely
10    answered and staffed by individuals trained to triage and
11    otherwise provide a trauma-informed response to the needs
12    of returning residents who may be experiencing a crisis.
13    The Department shall endeavor to cause the hotline to be
14    staffed in a manner that allows for callers to it to be
15    connected to hotline staff within not less than 10 minutes
16    after the call is placed. Hotline staff shall connect
17    returning residents who call the hotline to:
18            (A) a suicide prevention hotline or qualified
19        mental health professional that can respond to the
20        caller's immediate needs if hotline staff determines
21        that the caller is in danger of harming the caller or
22        others;
23            (B) community-based organizations or
24        community-based providers that can respond to other
25        immediate needs of the caller;
26            (C) a hub site for participation in the Program if

 

 

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1        the caller is a returning resident who consents to
2        such referral and provides the hotline with
3        information necessary to make the referral.
4        The Department shall partner, collaborate, and
5    otherwise work with community-based organizations to
6    develop a plan to publicize and promote this hotline.
7        (7) The Department shall partner, collaborate, and
8    otherwise work with federal correctional facilities
9    located in Illinois, other State agencies, community-based
10    organizations, community-based service providers,
11    religious and other charitable entities, and any other
12    entity it deems necessary to disseminate information about
13    the Program to returning residents and offer them an
14    opportunity to participate in the Program. Other State
15    agencies shall be required to partner, collaborate, and
16    otherwise work with the Department for this purpose.
17        (8) The Program shall be operated at 13 hub sites
18    geographically distributed across the State, including at
19    least one hub site located in or near each of the following
20    areas: Chicago (South Side), Chicago (Southwest and West
21    Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
22    Champaign, Danville, Decatur, Carbondale, East St. Louis,
23    and Alton.
24        (9) The Program's elements shall be delivered at each
25    hub site by community-based organizations, which shall act
26    as the hub site operator under contract with the

 

 

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1    Department, and the community-based organization's
2    subcontractors. Recognizing the General Assembly's finding
3    that successful reentry of returning residents is
4    dependent upon a comprehensive, coordinated, and holistic
5    response, the Department shall select not more than 3
6    community-based organizations to deliver the Program's
7    elements to hub sites throughout Illinois as a hub site
8    operator, with each community-based organization
9    delivering the Program's elements as a hub site operator
10    at multiple hub sites assigned to it by the Department for
11    not less than a 3-year period. Those community-based
12    organizations may provide the Program elements as a hub
13    site operator on their own or in whole or part under
14    subcontracts with other community-based providers. The
15    Department shall employ not less than 3 Regional
16    Supervisors to oversee the work of the hub site operators.
17        (10) The Department shall electronically transmit
18    consents and contact information for each returning
19    resident that is referred to or otherwise contacts the
20    Program, to the hub site that services the geographic area
21    in which the returning resident is or expects to be
22    located within 2 business days after the Department
23    receives that information.
24        (11) The Program's elements at each hub site shall
25    consist of the following:
26            (A) Each hub site operator shall develop a network

 

 

SB3142- 16 -LRB102 22625 RLC 31768 b

1        of community-based service providers that provide
2        those services needed by each individual Program
3        participant to avoid incarceration and otherwise
4        succeed in life, including, without limitation,
5        pretrial services (including, without limitation,
6        facilitating participation in participatory defense
7        and restorative justice programs and other
8        alternatives to traditional criminal proceedings),
9        education, job preparation and training, skills
10        training, job placement, housing, financial and
11        digital literacy, and physical and behavioral health.
12            (B) Each hub site operator shall employ pretrial
13        navigators at each hub site it operates. Each
14        returning resident who has been detained by law
15        enforcement or is a defendant in a criminal action and
16        who consents to participation in the Program shall be
17        assigned to a pretrial navigator.
18            (C) Law enforcement officers shall allow and
19        facilitate communications and in-person visits between
20        arrestees who have consented to referral to the
21        Program and pretrial navigators assigned to those
22        arrestees.
23            (D) Each hub site operator shall employ reentry
24        navigators at each hub site it operates. Each
25        returning resident who consents to participation in
26        the Program shall be assigned to a reentry navigator.

 

 

SB3142- 17 -LRB102 22625 RLC 31768 b

1            (E) The Department of Corrections shall allow and
2        facilitate communications and in-person visits between
3        returning residents incarcerated in correctional
4        facilities operated directly by or under contract with
5        the Department of Corrections and who have consented
6        to referral to the Program and the reentry navigators
7        assigned to those returning residents, for the
8        purposes establishing a seamless transition of those
9        returning residents from the Department of Corrections
10        to the Program upon the returning residents' release
11        from incarceration. Upon the consent of a returning
12        resident, the Department of Corrections shall provide
13        the reentry navigator assigned to the returning
14        resident with all:
15                (i) Medicaid-related information pertaining to
16            the returning resident that was obtained under
17            subsection (a-4) of Section 3-14-1 of the Unified
18            Code of Corrections; and
19                (ii) health care coverage information
20            pertaining to the returning resident that was
21            obtained under subsection (f) of Section 3-14-1 of
22            the Unified Code of Corrections.
23            Upon a returning resident's release from
24        incarceration, the Department of Corrections shall
25        also provide that returning resident with one month's
26        supply of any prescribed medications the returning

 

 

SB3142- 18 -LRB102 22625 RLC 31768 b

1        resident was taking at the time of the returning
2        resident's release.
3            (F) Each county sheriff shall allow and facilitate
4        communications and in-person visits between returning
5        residents appearing in courts within that sheriff's
6        jurisdiction or detained in facilities operated
7        directly by or under contract with the county sheriff
8        and who have consented to referral to the Program and
9        the navigators assigned to those returning residents,
10        for the purpose of establishing a seamless transition
11        of those returning residents from those facilities to
12        the Program upon the returning residents' release from
13        detention.
14            (G) Navigators shall be in regular communication
15        with the Program participants assigned to them for the
16        purposes of:
17                (i) assessing that participant's individual
18            needs to avoid recidivating and otherwise succeed
19            in life;
20                (ii) determining what community-based service
21            providers or others are best suited to provide
22            services to the participant that are necessary for
23            that purpose;
24                (iii) maintaining regular and continuing
25            contact with the Program participant for as long
26            as is necessary to ensure that the participant's

 

 

SB3142- 19 -LRB102 22625 RLC 31768 b

1            needs are being met and until the navigator
2            reasonably believes that the participant is not in
3            danger of recidivating; and
4                (iv) providing other services that the
5            navigator may be required or authorized to provide
6            under law.
7            (H) Each hub site operator shall endeavor to limit
8        each navigator's active caseload of Program
9        participants assigned to that navigator to not more
10        than 25 returning residents.
11            (I) Each hub site operator shall employ one or
12        more Education Counselors at each hub site it operates
13        to assist pretrial and reentry navigators at that site
14        with obtaining and facilitating educational and
15        education-related financial aid opportunities for
16        Program participants and the presentation of
17        educational programming in correctional and detention
18        facilities. Each hub site shall conduct educational
19        programming for Program participants before, during,
20        and after they have been incarcerated or detained. The
21        Department of Corrections shall allow and facilitate
22        in-person and virtual contact between returning
23        residents incarcerated in correctional facilities
24        operated directly by or under contract with the
25        Department of Corrections and hub site personnel for
26        the purpose of conducting this programming. Each

 

 

SB3142- 20 -LRB102 22625 RLC 31768 b

1        county sheriff shall allow and facilitate in-person
2        and virtual contact between returning residents
3        detained in facilities operated directly by or under
4        contract with the county sheriff and hub site
5        personnel for the purpose of conducting this
6        programming.
7            (J) Each hub site operator shall employ one or
8        more housing counselors at each hub site that it
9        operates, to assist pretrial and reentry navigators at
10        that site with housing issues affecting Program
11        participants.
12            (K) Each hub site operator shall employ one or
13        more job developers at each hub site that it operates,
14        to assist pretrial and reentry navigators at that site
15        with employment issues affecting Program participants.
16            (L) Each hub site operator shall employ one or
17        more qualified mental health professionals at each hub
18        site that it operates, to provide behavioral health
19        treatment to Program participants and assist pretrial
20        and reentry navigators at that site with behavioral
21        health issues affecting Program participants. Each hub
22        site operator shall endeavor to limit the caseload of
23        Program participants assigned to each qualified mental
24        health professional for treatment by that qualified
25        mental health professional to 25 Program participants.
26            (M) Each hub site operator shall employ one or

 

 

SB3142- 21 -LRB102 22625 RLC 31768 b

1        more certified alcohol and drug counselors at each hub
2        site that it operates to assist pretrial and reentry
3        navigators at that site with substance abuse issues
4        affecting Program participants. Each hub site operator
5        shall endeavor to limit the caseload of Program
6        participants assigned to each certified alcohol and
7        drug counselor for treatment by that counselor to 25
8        Program participants.
9            (N) Each hub site operator shall employ one or
10        more persons who have been incarcerated to work as
11        certified peer support specialists at each hub site
12        that it operates. Each certified peer support
13        specialist shall assist Program participants with such
14        matters that include, without limitation, articulating
15        goals, developing plans, learning and practicing new
16        skills, monitoring progress, treatment support,
17        effective coping techniques, and self-help strategies,
18        and shall also assist pretrial and reentry navigators
19        at that site with issues affecting Program
20        participants. Each hub site operator shall endeavor to
21        limit the caseload of Program participants assigned to
22        each certified peer support specialists to 25 Program
23        participants.
24            (O) Within 2 years of the date of a hub site
25        operator's contract with the Department to operate a
26        hub site, the hub site operator shall develop and

 

 

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1        implement a program to train individuals for
2        certification as certified alcohol and drug counselors
3        and certified peer support specialists without charge
4        to those individuals. Preference for such training
5        shall be given to persons who have been incarcerated.
6            (P) When making employment decisions regarding the
7        employment of individuals at their hub sites, hub site
8        operators shall give preference to persons who have
9        been incarcerated. Hub site operators shall only
10        employ persons who have been incarcerated as certified
11        peer support specialists.
12            (Q) Hub site operators and the hub sites they
13        operate shall partner, collaborate, and otherwise work
14        together to develop best practices to achieve the
15        purposes of this Act and leverage resources available
16        for those purposes. The Department shall convene
17        in-person meetings or virtual meetings of all hub site
18        operators for this purpose on not less than a monthly
19        basis.
20            (R) The Department and the hub site operators
21        shall operate each hub site in cooperation and
22        geographic proximity with any hub sites that may be
23        operated under the Clean Jobs Workforce Network
24        Program, Clean Energy Contractor Incubator Program,
25        Returning Residents Clean Jobs Training Program,
26        Illinois Climate Works Preapprenticeship Program, or

 

 

SB3142- 23 -LRB102 22625 RLC 31768 b

1        Clean Energy Primes Contractor Accelerator Program.
 
2    Section 50. Metrics and reporting.
3    (a) Each hub site operator shall report the following to
4the Department on a quarterly basis for Program participants
5served by the hub site:
6        (1) the total number of Program participants referred
7    to, assessed by, and enrolled in a program by the hub site
8    and total number of those Program participants who
9    successfully completed a program related to their referral
10    to the hub site;
11        (2) pretrial program referrals and 90-day, 180-day,
12    1-year, 2-year, 3-year, 5-year, and 7-year incarceration
13    or recidivism rates for Program participants referred to
14    those programs, categorized by incarceration or recidivism
15    resulting from:
16            (i) violation of court-imposed restrictions;
17            (ii) alleged commission of a violent crime; and
18            (iii) alleged commission of a non-violent crime;
19        (3) 90-day, 180-day, 1-year, 2-year, 3-year, 5-year,
20    and 7-year recidivism rates for Program participants,
21    categorized by the recidivism resulting from:
22            (i) violation of probation, violation of mandatory
23        supervised release, technical parole violation, or
24        similar activity;
25            (ii) alleged commission of a violent crime; and

 

 

SB3142- 24 -LRB102 22625 RLC 31768 b

1            (iii) alleged commission of a non-violent crime;
2        (4) job referrals, job starts, and 30-day, 60-day,
3    90-day, and 365-day job retention data;
4        (5) preapprenticeship training referrals,
5    preapprenticeship training acceptances, apprenticeship
6    program referrals, apprenticeship program acceptances and
7    30-day, 60-day, 90-day, and 365-day job retention data;
8        (6) the number of hours of educational programming
9    provided in correctional or detention facilities and the
10    number of incarcerated or detained individuals attending
11    that programming;
12        (7) educational referrals and placements, including,
13    without limitation, referrals to and placements in high
14    school equivalency programs, postsecondary educational
15    classes, and vocational classes;
16        (8) housing referrals, housing placements 30-day,
17    60-day, 90-day, and 365-day housing retention data,
18    categorized by transitional housing and permanent housing;
19        (9) non-hospital admission medical referrals,
20    non-hospital admission medical placements; hospital
21    admission referrals, hospital admission placements;
22        (10) behavioral health service referrals, behavioral
23    health assessments, behavioral health program enrollments,
24    and successful completions of behavioral health programs;
25        (11) substance or alcohol abuse referrals, substance
26    or alcohol abuse assessments, substance or alcohol abuse

 

 

SB3142- 25 -LRB102 22625 RLC 31768 b

1    treatment enrollments, and successful completions of
2    substance or alcohol abuse treatment programs;
3        (12) referrals to other community-based service
4    providers and placements with those providers, categorized
5    by provider;
6        (13) financial expenditures for the operation of the
7    Program, itemized by categories, which shall be determined
8    by the Department; and
9        (14) such other information as the Department may
10    require.
11    (b) To facilitate the reporting required under this
12Section that pertains to incarcerations or recidivism, the
13Department shall provide the Department of Corrections with
14the identity of all Program participants who were not
15incarcerated while participating in the Program, on a monthly
16basis. Within 10 business days of the Department of
17Corrections' receipt of that information, the Department of
18Corrections shall provide the Department with the identities
19of all such Program participants who are incarcerated in
20facilities operated by or under contract with the Department
21of Corrections. The Department of Corrections shall also
22provide the Department with such other information as the
23Department reasonably requires for reporting purposes or to
24otherwise implement or conduct the Program.
25    (c) The Department shall make the reports provided to it
26by the hub site operators under this Section available on the

 

 

SB3142- 26 -LRB102 22625 RLC 31768 b

1Department's website.
2    (d) The Department shall make an annual report to the
3Governor and General Assembly that includes cumulative data
4that reflects the information provided to the Department under
5this Section.
6    (e) The Department shall annually perform an analysis of
7the financial costs and benefits of the Department's programs
8and other programs that support or otherwise relate to
9returning residents. This analysis shall include, at a
10minimum, the financial impact of returning resident education,
11training and employment programs and other returning resident
12programs, the net tax revenues to the State and its political
13subdivisions that result from returning resident programs, the
14reduction in public assistance to returning residents that
15results from returning resident programs, and such other
16similar financial costs and benefits as the Director deems
17necessary to analyze. The Governor's Office of Management and
18Budget shall be the lead agency to provide principal support
19to the Department for this analysis. All other State agencies
20shall provide such information as the Department deems
21reasonably necessary for this analysis and shall assist with
22it. The Department shall report the findings of this analysis
23to the General Assembly and the Governor and shall publish
24those findings on its website.
 
25    Section 55. Privilege for communications by returning

 

 

SB3142- 27 -LRB102 22625 RLC 31768 b

1residents.
2    (a) Except as provided in subsection (c), anything said or
3done by an arrestee or Program participant as part of, in
4anticipation of or as a follow-up to that that individual's
5participation in the Program shall be privileged, shall not be
6disclosed and may not be used in any pending or future civil,
7criminal, juvenile, court, administrative, or other proceeding
8unless the privilege is waived in writing by the individual
9covered by the privilege after upon the individual's informed
10consent.
11    (b) Any waiver of privilege provided by this Section is
12limited to the participation and communication of the waiving
13party only, and the participation or communications of any
14other arrestee or Program participant shall remain privileged
15unless waived by the other individual.
16    (c) The privilege afforded by this Section does not apply
17if disclosure is necessary to prevent death, great bodily
18harm, or the commission of a crime.
 
19    Section 60. Prohibition on relationships with for-profit
20correctional entities.
21    (a) Neither the Department nor any hub site operator shall
22enter into a contractual or other financial, service, or
23volunteer relationship with and shall not pay any money or
24provide any other form of consideration to:
25        (1) a for-profit correctional entity;

 

 

SB3142- 28 -LRB102 22625 RLC 31768 b

1        (2) a person or entity that directly, indirectly, or
2    beneficially, in the name of the person or entity or in the
3    name of a nominee, has an ownership interest in or other
4    form of control over more than 7 1/2% of a for-profit
5    correctional entity;
6        (3) an entity where a person or entity described in
7    paragraph (1) or (2) directly, indirectly, or
8    beneficially, in the name of the person or entity or in the
9    name of a nominee, has an ownership interest in or other
10    form of control over more than 7 1/2%;
11        (4) an entity where a person described in paragraph
12    (2) is an officer, director, trustee, administrator, or
13    employee;
14        (5) a person who is or has been an officer, director,
15    trustee, administrator, or employee of a for-profit
16    correctional entity;
17        (6) an entity where a person described in paragraph
18    (5) is an officer, director, trustee, administrator, or
19    employee;
20        (7) an entity in which a for-profit correctional
21    entity, directly, indirectly, or beneficially, in its own
22    name or in the name of a nominee, has an ownership interest
23    in or other form of control over more than 7 1/2%;
24        (8) a non-profit entity that was or is organized by,
25    operated by, or funded in part by, or has as an officer,
26    director, trustee, administrator, or employee, any person

 

 

SB3142- 29 -LRB102 22625 RLC 31768 b

1    or entity described in paragraphs (1) through (7).
2    (b) A hub site operator shall not assign or otherwise
3transfer any of its powers, duties, or obligations that are
4set forth in this Act or any agreement it enters into under
5this Act to any person or entity described in subsection (a).
6The Department, any officer, director, administrator, or
7employee of the Department, a hub site operator or any
8officer, director, trustee, administrator, or employee shall
9not refer a returning resident for any service whatsoever to a
10person or entity described in paragraphs (1) through (7) of
11subsection (a).
12    (c) Each party to any contract, agreement, memorandum of
13understanding, or similar instrument with the Department or a
14hub site operator shall certify in writing that, under penalty
15of perjury, the party has performed due diligence to determine
16whether the party complies with this Section and, after
17performing that due diligence, has determined that the party
18complies with this Section.
19    (d) Each employee of the Department and each hub site
20operator shall certify in writing that the employee or
21operator performed due diligence to determine whether the
22employee or operator complies with this Section and, after
23performing that due diligence, has determined that the
24employee or operator complies with this Section.
 
25    Section 65. Second Chance State Transportation Task Force.

 

 

SB3142- 30 -LRB102 22625 RLC 31768 b

1The Second Chance State Transportation Task Force is
2established to create a program to provide no-cost or low-cost
3transportation options for returning residents prior to or
4after their release from incarceration. The Task Force shall
5consist of the following members:
6        (1) the Director or the Director's designee, who shall
7    serve as chair of the Task Force;
8        (2) one member of the House of Representatives
9    appointed by the Speaker of the House of Representatives;
10        (3) one member of the House of Representatives
11    appointed by the Minority Leader of the House of
12    Representatives;
13        (4) one member of the Senate appointed by the
14    President of the Senate;
15        (5) one member of the Senate appointed by the Minority
16    Leader of the Senate;
17        (6) one person appointed by the Secretary of
18    Transportation;
19        (7) one person appointed by the Director of Revenue
20    who, in addition to being a member of the Task Force, shall
21    also serve as an advisor and resource to the Task Force on
22    tax incentive issues;
23        (8) one person representing each of the members of the
24    Illinois Association of Regional Councils;
25        (9) one person appointed by the chair of the Regional
26    Transportation Authority;

 

 

SB3142- 31 -LRB102 22625 RLC 31768 b

1        (10) one person appointed by the chair of the Chicago
2    Transit Authority;
3        (11) one person appointed by every other transit
4    district in Illinois;
5        (12) three persons appointed by the Governor who
6    represent ridesharing entities;
7        (13) three persons appointed by the Governor who
8    represent the automobile sales industry;
9        (14) the mayor or president of a municipality located
10    in the geographic area serviced by each hub site created
11    for the Program, appointed by the Governor;
12        (15) one person appointed by the President of the
13    University of Illinois who shall have expertise in the
14    areas studied by the Second Chance State Transportation
15    Task Force and, in addition to being a member of the Task
16    Force, shall also serve as an advisor and resource to the
17    Task Force; and
18        (16) five persons appointed by the Governor, upon the
19    recommendation of the Director, who are returning
20    residents.
21    No person shall serve on the Task Force who is a lobbyist
22within the meaning of the Lobbyist Registration Act. No person
23shall serve on the Task Force who is prohibited from having a
24relationship with the Department or a hub site operator under
25Section 60. Members of the Task Force shall serve without
26compensation except for reimbursement for expenses.

 

 

SB3142- 32 -LRB102 22625 RLC 31768 b

1    All members of the Task Force shall be appointed within 30
2days of the appointment of the Director. The Task Force shall
3thereafter meet every other week to the extent and in the
4manner determined necessary by the Director. The Task Force
5shall submit a report of its findings and recommendations to
6the General Assembly within one year after the last member's
7appointment and then shall be dissolved.
 
8    Section 70. Returning Residents Interagency Council. The
9Returning Residents Interagency Council is established to
10identify the manner in which State officials and agencies can
11designate, allocate, and coordinate the use of their resources
12to best support the needs of returning residents. The Director
13shall be the chair of the Council. Each of the following shall
14appoint a representative to the Council:
15        (1) The Attorney General.
16        (2) The Chief Justice of the Supreme Court.
17        (3) The Department on Aging.
18        (4) The Department of Agriculture.
19        (5) The Department of Central Management Services.
20        (6) The Department of Children and Family Services.
21        (7) The Department of Commerce and Economic
22    Opportunity.
23        (8) The Department of Corrections.
24        (9) The Department of Employment Security.
25        (10) The Department of Financial and Professional

 

 

SB3142- 33 -LRB102 22625 RLC 31768 b

1    Regulation.
2        (11) The Department of Healthcare and Family Services.
3        (12) The Department of Human Services.
4        (13) The Department of Innovation and Technology.
5        (14) The Department of Insurance.
6        (15) The Department of Labor.
7        (16) The Department of Public Health.
8        (17) The Department of Revenue.
9        (18) The Department of Transportation.
10        (19) The Department of Veterans' Affairs.
11        (20) The Governor's Office of Management and Budget.
12        (21) The Illinois Community College Board.
13        (22) The Illinois Criminal Justice Information
14    Authority.
15        (23) The Illinois Finance Authority.
16        (24) The Illinois Housing Development Authority.
17        (25) The State Board of Higher Education.
18        (26) The Illinois State Police.
19        (27) The Secretary of State.
20        (28) The State Superintendent of Education.
21        (29) The State Treasurer.
22    The Director may appoint other persons to the Council as
23the Director determines necessary. The Council shall meet no
24less than quarterly in places determined by the Director. The
25Department shall provide the support and assistance needed by
26the Council.
 

 

 

SB3142- 34 -LRB102 22625 RLC 31768 b

1    Section 75. Provisions of Act mandatory. Subject only to
2appropriation, the provisions of this Act are mandatory and
3shall not be considered to be directory or discretionary.
 
4    Section 905. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and

 

 

SB3142- 35 -LRB102 22625 RLC 31768 b

1    specifically designed to provide information to one or
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
26            (ii) interfere with active administrative

 

 

SB3142- 36 -LRB102 22625 RLC 31768 b

1        enforcement proceedings conducted by the public body
2        that is the recipient of the request;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
6            (iv) unavoidably disclose the identity of a
7        confidential source, confidential information
8        furnished only by the confidential source, or persons
9        who file complaints with or provide information to
10        administrative, investigative, law enforcement, or
11        penal agencies; except that the identities of
12        witnesses to traffic accidents, traffic accident
13        reports, and rescue reports shall be provided by
14        agencies of local government, except when disclosure
15        would interfere with an active criminal investigation
16        conducted by the agency that is the recipient of the
17        request;
18            (v) disclose unique or specialized investigative
19        techniques other than those generally used and known
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

SB3142- 37 -LRB102 22625 RLC 31768 b

1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency
7    that is the recipient of the request did not create the
8    record, did not participate in or have a role in any of the
9    events which are the subject of the record, and only has
10    access to the record through the shared electronic record
11    management system.
12        (d-6) Records contained in the Officer Professional
13    Conduct Database under Section 9.2 9.4 of the Illinois
14    Police Training Act, except to the extent authorized under
15    that Section. This includes the documents supplied to the
16    Illinois Law Enforcement Training Standards Board from the
17    Illinois State Police and Illinois State Police Merit
18    Board.
19        (e) Records that relate to or affect the security of
20    correctional institutions and detention facilities.
21        (e-5) Records requested by persons committed to the
22    Department of Corrections, Department of Human Services
23    Division of Mental Health, or a county jail if those
24    materials are available in the library of the correctional
25    institution or facility or jail where the inmate is
26    confined.

 

 

SB3142- 38 -LRB102 22625 RLC 31768 b

1        (e-6) Records requested by persons committed to the
2    Department of Corrections, Department of Human Services
3    Division of Mental Health, or a county jail if those
4    materials include records from staff members' personnel
5    files, staff rosters, or other staffing assignment
6    information.
7        (e-7) Records requested by persons committed to the
8    Department of Corrections or Department of Human Services
9    Division of Mental Health if those materials are available
10    through an administrative request to the Department of
11    Corrections or Department of Human Services Division of
12    Mental Health.
13        (e-8) Records requested by a person committed to the
14    Department of Corrections, Department of Human Services
15    Division of Mental Health, or a county jail, the
16    disclosure of which would result in the risk of harm to any
17    person or the risk of an escape from a jail or correctional
18    institution or facility.
19        (e-9) Records requested by a person in a county jail
20    or committed to the Department of Corrections or
21    Department of Human Services Division of Mental Health,
22    containing personal information pertaining to the person's
23    victim or the victim's family, including, but not limited
24    to, a victim's home address, home telephone number, work
25    or school address, work telephone number, social security
26    number, or any other identifying information, except as

 

 

SB3142- 39 -LRB102 22625 RLC 31768 b

1    may be relevant to a requester's current or potential case
2    or claim.
3        (e-10) Law enforcement records of other persons
4    requested by a person committed to the Department of
5    Corrections, Department of Human Services Division of
6    Mental Health, or a county jail, including, but not
7    limited to, arrest and booking records, mug shots, and
8    crime scene photographs, except as these records may be
9    relevant to the requester's current or potential case or
10    claim.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those
18    records of officers and agencies of the General Assembly
19    that pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged, or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only

 

 

SB3142- 40 -LRB102 22625 RLC 31768 b

1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension
6    fund, from a private equity fund or a privately held
7    company within the investment portfolio of a private
8    equity fund as a result of either investing or evaluating
9    a potential investment of public funds in a private equity
10    fund. The exemption contained in this item does not apply
11    to the aggregate financial performance information of a
12    private equity fund, nor to the identity of the fund's
13    managers or general partners. The exemption contained in
14    this item does not apply to the identity of a privately
15    held company within the investment portfolio of a private
16    equity fund, unless the disclosure of the identity of a
17    privately held company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in

 

 

SB3142- 41 -LRB102 22625 RLC 31768 b

1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced
5    by any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by
9    news media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and

 

 

SB3142- 42 -LRB102 22625 RLC 31768 b

1            (iv) course materials or research materials used
2        by faculty members.
3        (k) Architects' plans, engineers' technical
4    submissions, and other construction related technical
5    documents for projects not constructed or developed in
6    whole or in part with public funds and the same for
7    projects constructed or developed with public funds,
8    including, but not limited to, power generating and
9    distribution stations and other transmission and
10    distribution facilities, water treatment facilities,
11    airport facilities, sport stadiums, convention centers,
12    and all government owned, operated, or occupied buildings,
13    but only to the extent that disclosure would compromise
14    security.
15        (l) Minutes of meetings of public bodies closed to the
16    public as provided in the Open Meetings Act until the
17    public body makes the minutes available to the public
18    under Section 2.06 of the Open Meetings Act.
19        (m) Communications between a public body and an
20    attorney or auditor representing the public body that
21    would not be subject to discovery in litigation, and
22    materials prepared or compiled by or for a public body in
23    anticipation of a criminal, civil, or administrative
24    proceeding upon the request of an attorney advising the
25    public body, and materials prepared or compiled with
26    respect to internal audits of public bodies.

 

 

SB3142- 43 -LRB102 22625 RLC 31768 b

1        (n) Records relating to a public body's adjudication
2    of employee grievances or disciplinary cases; however,
3    this exemption shall not extend to the final outcome of
4    cases in which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including, but
7    not limited to, software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of
21    an applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding

 

 

SB3142- 44 -LRB102 22625 RLC 31768 b

1    under the Eminent Domain Act, records, documents, and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents, and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions, insurance companies, or pharmacy benefit
20    managers, unless disclosure is otherwise required by State
21    law.
22        (u) Information that would disclose or might lead to
23    the disclosure of secret or confidential information,
24    codes, algorithms, programs, or private keys intended to
25    be used to create electronic signatures under the Uniform
26    Electronic Transactions Act.

 

 

SB3142- 45 -LRB102 22625 RLC 31768 b

1        (v) Vulnerability assessments, security measures, and
2    response policies or plans that are designed to identify,
3    prevent, or respond to potential attacks upon a
4    community's population or systems, facilities, or
5    installations, the destruction or contamination of which
6    would constitute a clear and present danger to the health
7    or safety of the community, but only to the extent that
8    disclosure could reasonably be expected to jeopardize the
9    effectiveness of the measures or the safety of the
10    personnel who implement them or the public. Information
11    exempt under this item may include such things as details
12    pertaining to the mobilization or deployment of personnel
13    or equipment, to the operation of communication systems or
14    protocols, or to tactical operations.
15        (w) (Blank).
16        (x) Maps and other records regarding the location or
17    security of generation, transmission, distribution,
18    storage, gathering, treatment, or switching facilities
19    owned by a utility, by a power generator, or by the
20    Illinois Power Agency.
21        (y) Information contained in or related to proposals,
22    bids, or negotiations related to electric power
23    procurement under Section 1-75 of the Illinois Power
24    Agency Act and Section 16-111.5 of the Public Utilities
25    Act that is determined to be confidential and proprietary
26    by the Illinois Power Agency or by the Illinois Commerce

 

 

SB3142- 46 -LRB102 22625 RLC 31768 b

1    Commission.
2        (z) Information about students exempted from
3    disclosure under Sections 10-20.38 or 34-18.29 of the
4    School Code, and information about undergraduate students
5    enrolled at an institution of higher education exempted
6    from disclosure under Section 25 of the Illinois Credit
7    Card Marketing Act of 2009.
8        (aa) Information the disclosure of which is exempted
9    under the Viatical Settlements Act of 2009.
10        (bb) Records and information provided to a mortality
11    review team and records maintained by a mortality review
12    team appointed under the Department of Juvenile Justice
13    Mortality Review Team Act.
14        (cc) Information regarding interments, entombments, or
15    inurnments of human remains that are submitted to the
16    Cemetery Oversight Database under the Cemetery Care Act or
17    the Cemetery Oversight Act, whichever is applicable.
18        (dd) Correspondence and records (i) that may not be
19    disclosed under Section 11-9 of the Illinois Public Aid
20    Code or (ii) that pertain to appeals under Section 11-8 of
21    the Illinois Public Aid Code.
22        (ee) The names, addresses, or other personal
23    information of persons who are minors and are also
24    participants and registrants in programs of park
25    districts, forest preserve districts, conservation
26    districts, recreation agencies, and special recreation

 

 

SB3142- 47 -LRB102 22625 RLC 31768 b

1    associations.
2        (ff) The names, addresses, or other personal
3    information of participants and registrants in programs of
4    park districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations where such programs are targeted primarily to
7    minors.
8        (gg) Confidential information described in Section
9    1-100 of the Illinois Independent Tax Tribunal Act of
10    2012.
11        (hh) The report submitted to the State Board of
12    Education by the School Security and Standards Task Force
13    under item (8) of subsection (d) of Section 2-3.160 of the
14    School Code and any information contained in that report.
15        (ii) Records requested by persons committed to or
16    detained by the Department of Human Services under the
17    Sexually Violent Persons Commitment Act or committed to
18    the Department of Corrections under the Sexually Dangerous
19    Persons Act if those materials: (i) are available in the
20    library of the facility where the individual is confined;
21    (ii) include records from staff members' personnel files,
22    staff rosters, or other staffing assignment information;
23    or (iii) are available through an administrative request
24    to the Department of Human Services or the Department of
25    Corrections.
26        (jj) Confidential information described in Section

 

 

SB3142- 48 -LRB102 22625 RLC 31768 b

1    5-535 of the Civil Administrative Code of Illinois.
2        (kk) The public body's credit card numbers, debit card
3    numbers, bank account numbers, Federal Employer
4    Identification Number, security code numbers, passwords,
5    and similar account information, the disclosure of which
6    could result in identity theft or impression or defrauding
7    of a governmental entity or a person.
8        (ll) Records concerning the work of the threat
9    assessment team of a school district.
10        (mm) Records reflecting or otherwise pertaining to
11    anything said or done by a returning resident (as that
12    term is defined in the Department of Returning Resident
13    Affairs Act) as part of, in anticipation of or as a
14    follow-up to that returning resident's participation in
15    the Second Chance State Program set forth in the
16    Department of Returning Resident Affairs Act or any other
17    program conducted by the Department of Returning Resident
18    Affairs.
19    (1.5) Any information exempt from disclosure under the
20Judicial Privacy Act shall be redacted from public records
21prior to disclosure under this Act.
22    (2) A public record that is not in the possession of a
23public body but is in the possession of a party with whom the
24agency has contracted to perform a governmental function on
25behalf of the public body, and that directly relates to the
26governmental function and is not otherwise exempt under this

 

 

SB3142- 49 -LRB102 22625 RLC 31768 b

1Act, shall be considered a public record of the public body,
2for purposes of this Act.
3    (3) This Section does not authorize withholding of
4information or limit the availability of records to the
5public, except as stated in this Section or otherwise provided
6in this Act.
7(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
8101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
96-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
 
10    Section 910. The Civil Administrative Code of Illinois is
11amended by changing Sections 5-15 and 5-20 and by adding
12Sections 5-172, 5-240, and 5-402 as follows:
 
13    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
14    Sec. 5-15. Departments of State government. The
15Departments of State government are created as follows:
16    The Department on Aging.
17    The Department of Agriculture.
18    The Department of Central Management Services.
19    The Department of Children and Family Services.
20    The Department of Commerce and Economic Opportunity.
21    The Department of Corrections.
22    The Department of Employment Security.
23    The Illinois Emergency Management Agency.
24    The Department of Financial and Professional Regulation.

 

 

SB3142- 50 -LRB102 22625 RLC 31768 b

1    The Department of Healthcare and Family Services.
2    The Department of Human Rights.
3    The Department of Human Services.
4    The Department of Innovation and Technology.
5    The Department of Insurance.
6    The Department of Juvenile Justice.
7    The Department of Labor.
8    The Department of the Lottery.
9    The Department of Natural Resources.
10    The Department of Public Health.
11    The Department of Returning Resident Affairs.
12    The Department of Revenue.
13    The Illinois State Police.
14    The Department of Transportation.
15    The Department of Veterans' Affairs.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
18    Sec. 5-20. Heads of departments. Each department shall
19have an officer as its head who shall be known as director or
20secretary and who shall, subject to the provisions of the
21Civil Administrative Code of Illinois, execute the powers and
22discharge the duties vested by law in his or her respective
23department.
24    The following officers are hereby created:
25    Director of Aging, for the Department on Aging.

 

 

SB3142- 51 -LRB102 22625 RLC 31768 b

1    Director of Agriculture, for the Department of
2Agriculture.
3    Director of Central Management Services, for the
4Department of Central Management Services.
5    Director of Children and Family Services, for the
6Department of Children and Family Services.
7    Director of Commerce and Economic Opportunity, for the
8Department of Commerce and Economic Opportunity.
9    Director of Corrections, for the Department of
10Corrections.
11    Director of the Illinois Emergency Management Agency, for
12the Illinois Emergency Management Agency.
13    Director of Employment Security, for the Department of
14Employment Security.
15    Secretary of Financial and Professional Regulation, for
16the Department of Financial and Professional Regulation.
17    Director of Healthcare and Family Services, for the
18Department of Healthcare and Family Services.
19    Director of Human Rights, for the Department of Human
20Rights.
21    Secretary of Human Services, for the Department of Human
22Services.
23    Secretary of Innovation and Technology, for the Department
24of Innovation and Technology.
25    Director of Insurance, for the Department of Insurance.
26    Director of Juvenile Justice, for the Department of

 

 

SB3142- 52 -LRB102 22625 RLC 31768 b

1Juvenile Justice.
2    Director of Labor, for the Department of Labor.
3    Director of the Lottery, for the Department of the
4Lottery.
5    Director of Natural Resources, for the Department of
6Natural Resources.
7    Director of Public Health, for the Department of Public
8Health.
9    Director of Returning Resident Affairs, for the Department
10of Returning Resident Affairs.
11    Director of Revenue, for the Department of Revenue.
12    Director of the Illinois State Police, for the Illinois
13State Police.
14    Secretary of Transportation, for the Department of
15Transportation.
16    Director of Veterans' Affairs, for the Department of
17Veterans' Affairs.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    (20 ILCS 5/5-172 new)
20    Sec. 5-172. In the Department of Returning Resident
21Affairs. Assistant Director of Returning Resident Affairs and
22General Counsel of the Department of Returning Resident
23Affairs.
 
24    (20 ILCS 5/5-240 new)

 

 

SB3142- 53 -LRB102 22625 RLC 31768 b

1    Sec. 5-240. In the Department of Returning Resident
2Affairs.
3    (a) The Director of Returning Resident Affairs:
4        (1) shall have experience working with or for a
5    community-based organization, as that term is defined in
6    the Department of Returning Resident Affairs Act; and
7        (2) shall have been incarcerated in an Illinois
8    Department of Corrections facility for not less than one
9    year.
10    Notwithstanding any other law, the Director of Returning
11Resident Affairs shall serve for a 7-year period and shall be
12subject to removal only upon a finding by the Executive
13Inspector General for the agencies of the Illinois Governor
14that the Director has engaged in misconduct.
15    (b) The Assistant Director of Returning Resident Affairs
16and General Counsel of the Department of Returning Resident
17Affairs shall each be licensed to practice law in the State of
18Illinois. Notwithstanding any other law, the Assistant
19Director of Returning Resident Affairs and General Counsel of
20the Department of Returning Resident Affairs shall each serve
21for a 7-year period and shall be subject to removal only upon a
22finding by the Executive Inspector General for the agencies of
23the Governor that the Assistant Director of Returning Resident
24Affairs or General Counsel of the Department of Returning
25Resident Affairs has engaged in misconduct.
 

 

 

SB3142- 54 -LRB102 22625 RLC 31768 b

1    (20 ILCS 5/5-402 new)
2    Sec. 5-402. In the Department of Returning Resident
3Affairs.The Director of Returning Resident Affairs, Assistant
4Director of Returning Resident Affairs, and General Counsel of
5the Department of Returning Resident Affairs shall each
6receive an annual salary as set by law.
 
7    Section 915. The Unified Code of Corrections is amended by
8changing Section 3-14-3 as follows:
 
9    (730 ILCS 5/3-14-3)  (from Ch. 38, par. 1003-14-3)
10    Sec. 3-14-3. Parole services. To assist parolees or
11releasees, the Department shall provide them with information
12about and an opportunity to consent for referral to the Second
13Chance State Program. The Department shall provide parolees or
14releasees who do not consent to referral to the Second Chance
15State Program with employment counseling and job placement
16services, and may in addition to other services provide the
17following:
18        (1) assistance in residential placement;
19        (2) family and individual counseling and treatment
20    placement;
21        (3) financial counseling;
22        (4) vocational and educational counseling and
23    placement; and
24        (5) referral services to any other State or local

 

 

SB3142- 55 -LRB102 22625 RLC 31768 b

1    agencies. The Department shall make information about the
2    availability of these services known to a parolee or
3    releasee prior to his or her release from the correctional
4    facility where the parolee or releasee has been residing.
5    The Department may purchase necessary services for a
6    parolee or releasee if they are otherwise unavailable and
7    the parolee or releasee is unable to pay for them. It may
8    assess all or part of the costs of such services to a
9    parolee or releasee in accordance with his ability to pay
10    for them.
11(Source: P.A. 102-478, eff. 8-20-21.)
 
12    Section 997. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
 
14    Section 999. Effective date. This Act takes effect upon
15becoming law.