Full Text of SB2109 96th General Assembly
SB2109ham003 96TH GENERAL ASSEMBLY
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Rep. Constance A. Howard
Filed: 10/28/2009
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| AMENDMENT TO SENATE BILL 2109
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| AMENDMENT NO. ______. Amend Senate Bill 2109, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Task Force on Inventorying Employment | 6 |
| Restrictions Act is amended by changing Sections 15 and 20 as | 7 |
| follows: | 8 |
| (20 ILCS 5000/15) | 9 |
| Sec. 15. Task Force. | 10 |
| (a) The Task Force on Inventorying Employment Restrictions | 11 |
| is hereby created in the Illinois Criminal Justice Information | 12 |
| Authority. The purpose of the Task Force is to review the | 13 |
| statutes, administrative rules, policies and practices that | 14 |
| restrict employment of persons with a criminal history, as set | 15 |
| out in subsection (c) of this Section, and to report to the | 16 |
| Governor and the General Assembly those employment |
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| restrictions and their impact on employment opportunities for | 2 |
| people with criminal records.
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| (b) Within 60 days after the effective date of this Act, | 4 |
| the President of the Senate, the Speaker of the House of | 5 |
| Representatives, the Minority Leader of the Senate, and the | 6 |
| Minority Leader of the House of Representatives shall each | 7 |
| appoint 2 members to the Task Force. The Governor shall appoint | 8 |
| the Task Force chairperson. In addition, the Director or | 9 |
| Secretary of each of the following, or his or her designee, are | 10 |
| members: the Department of Human Services, the Department of | 11 |
| Corrections, the Department of Commerce and Economic | 12 |
| Opportunity, the Department of Children and Family Services, | 13 |
| the Department of Human Rights, the Department of Central | 14 |
| Management Services, the Department of Employment Security, | 15 |
| the Department of Public Health, the Department of State | 16 |
| Police, the Illinois State Board of Education, the Illinois | 17 |
| Board of Higher Education, and the Illinois Community College | 18 |
| Board. Members shall not receive compensation. The Illinois | 19 |
| Criminal Justice Information Authority shall provide staff and | 20 |
| other assistance to the Task Force.
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| (c) On or before September 1, 2010, all State agencies | 22 |
| shall produce a report for the Task Force that describes the | 23 |
| employment restrictions that are based on criminal records for | 24 |
| each occupation under the agency's jurisdiction and that of its | 25 |
| boards, if any, including, but not limited to, employment | 26 |
| within the agency; employment in facilities licensed, |
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| regulated, supervised, or funded by the agency; employment | 2 |
| pursuant to contracts with the agency; and employment in | 3 |
| occupations that the agency licenses or provides | 4 |
| certifications to practice. For each occupation subject to a | 5 |
| criminal records-based restriction, the agency shall set forth | 6 |
| the following:
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| (1) the job title, occupation, job classification, or | 8 |
| restricted place of employment, including the range of | 9 |
| occupations affected in such places;
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| (2) the statute, regulation, policy, and procedure | 11 |
| that authorizes the restriction of applicants for | 12 |
| employment and licensure, current employees, and current | 13 |
| licenses;
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| (3) the substance and terms of the restriction, and
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| (A) if the statute, regulation, policy or practice | 16 |
| enumerates disqualifying offenses, a list of each | 17 |
| disqualifying offense, the time limits for each | 18 |
| offense, and the point in time when the time limit | 19 |
| begins;
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| (B) if the statute, regulation, policy or practice | 21 |
| does not enumerate disqualifying offenses and instead | 22 |
| provides for agency discretion in determining | 23 |
| disqualifying offenses, the criteria the agency has | 24 |
| adopted to apply the disqualification to individual | 25 |
| cases. Restrictions based on agency discretion | 26 |
| include, but are not limited to, restrictions based on |
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| an offense "related to" the practice of a given | 2 |
| profession; an offense or act of "moral turpitude"; and | 3 |
| an offense evincing a lack of "good moral character".
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| (4) the procedures used by the agency to identify an | 5 |
| individual's criminal history, including but not limited | 6 |
| to disclosures on applications and background checks | 7 |
| conducted by law enforcement or private entities;
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| (5) the procedures used by the agency to determine and | 9 |
| review whether an individual's criminal history | 10 |
| disqualifies that individual;
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| (6) the year the restriction was adopted, and its | 12 |
| rationale;
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| (7) any exemption, waiver, or review mechanisms | 14 |
| available to seek relief from the disqualification based on | 15 |
| a showing of rehabilitation or otherwise, including the | 16 |
| terms of the mechanism, the nature of the relief it | 17 |
| affords, and whether an administrative and judicial appeal | 18 |
| is authorized;
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| (8) any statute, rule, policy and practice that | 20 |
| requires an individual convicted of a felony to have his | 21 |
| civil rights restored to become qualified for the job; and
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| 9 copies of the following documents:
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| (A) forms, applications, and instructions provided | 24 |
| to applicants and those denied or terminated from jobs | 25 |
| or licenses based on their criminal record;
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| (B) forms, rules, and procedures that the agency |
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| employs to provide notice of disqualification, to | 2 |
| review applications subject to disqualification, and | 3 |
| to provide for exemptions and appeals of | 4 |
| disqualification;
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| (C) memos, guidance, instructions to staff, | 6 |
| scoring criteria and other materials used by the agency | 7 |
| to evaluate the criminal histories of applicants, | 8 |
| licensees, and employees; and
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| (D) forms and notices used to explain waiver, | 10 |
| exemption and appeals procedures for denial, | 11 |
| suspensions and terminations of employment or | 12 |
| licensure based on criminal history.
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| (d) Each State executive agency shall participate in a | 14 |
| review to determine the impact of the employment restrictions | 15 |
| based on criminal records and the effectiveness of existing | 16 |
| case-by-case review mechanisms. For each occupation under the | 17 |
| agency's jurisdiction for which there are employment | 18 |
| restrictions based on criminal records, each State agency must | 19 |
| provide the Task Force with a report, on or before March 1, | 20 |
| 2010 November 1, 2009 , for the previous 2-year period, setting | 21 |
| forth:
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| (1) the total number of people currently employed in | 23 |
| the occupation whose employment or licensure required | 24 |
| criminal history disclosure, background checks or | 25 |
| restrictions;
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| (2) the number and percentage of individuals who |
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| underwent a criminal history background check;
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| (3) the number and percentage of individuals who were | 3 |
| merely required to disclose their criminal history without | 4 |
| a criminal history background check;
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| (4) the number and percentage of individuals who were | 6 |
| found disqualified based on criminal history disclosure by | 7 |
| the applicant;
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| (5) the number and percentage of individuals who were | 9 |
| found disqualified based on a criminal history background | 10 |
| check;
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| (6) the number and percentage of individuals who sought | 12 |
| an exemption or waiver from the disqualification;
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| (7) the number and percentage of individuals who sought | 14 |
| an exemption or waiver who were subsequently granted the | 15 |
| exemption or waiver at the first level of agency review (if | 16 |
| multiple levels of review are available);
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| (8) the number and percentage of individuals who sought | 18 |
| an exemption or waiver who were subsequently granted the | 19 |
| exemption or waiver at the next level of agency review (if | 20 |
| multiple levels of review are available);
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| (9) the number and percentage of individuals who were | 22 |
| denied an exemption or waiver at the final level of agency | 23 |
| review, and then sought review through an administrative | 24 |
| appeal;
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| (10) the number and percentage of individuals who were | 26 |
| denied an exemption or waiver at the final level of agency |
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| review, and then sought review through an administrative | 2 |
| appeal and were then found qualified after such a review;
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| (11) the number and percentage of individuals who were | 4 |
| found disqualified where no waiver or exemption process is | 5 |
| available;
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| (12) the number and percentage of individuals who were | 7 |
| found disqualified where no waiver or exemption process is | 8 |
| available and who sought administrative review and then | 9 |
| were found qualified; and
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| (13) if the agency maintains records of active licenses | 11 |
| or certifications, the executive agency shall provide the | 12 |
| total number of employees in occupations subject to | 13 |
| criminal history restrictions.
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| (e) The Task Force shall report its findings and | 15 |
| recommendations to the Governor and the General Assembly by | 16 |
| December 31, 2010.
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| (Source: P.A. 96-593, eff. 8-18-09.) | 18 |
| (20 ILCS 5000/20) | 19 |
| Sec. 20. Act subject to available resources appropriation . | 20 |
| The provisions of this Act are subject to resources being made | 21 |
| available an appropriation being made to the Illinois Criminal | 22 |
| Justice Information Authority to implement this Act. | 23 |
| (Source: P.A. 96-593, eff. 8-18-09.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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