Full Text of HB0131 101st General Assembly
HB0131ham001 101ST GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 3/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 131
| 2 | | AMENDMENT NO. ______. Amend House Bill 131 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Access to Justice Grant Program Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds that: | 8 | | (1) The Department of Homeland Security reported a 171% | 9 | | increase in the arrest and detention of undocumented | 10 | | immigrants with no criminal record over the last 2 years. | 11 | | (2) In Illinois alone, 525,000 undocumented | 12 | | immigrants, including 40,000 immigrants with temporary | 13 | | protected status and 42,000 immigrants with DACA status | 14 | | under the Deferred Action for Childhood Arrivals program, | 15 | | are at risk of deportation and being separated from their | 16 | | families. |
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| 1 | | (3) As of December 2018, about 71,000 adults and | 2 | | juveniles were incarcerated in various facilities across | 3 | | Illinois, including 40,872 individuals in Illinois | 4 | | State-operated facilities and approximately 23,000 | 5 | | individuals incarcerated in local jails. | 6 | | (4) On February 11, 2019, Governor Pritzker unveiled a | 7 | | justice reform initiative and said, "It's time to reduce | 8 | | the recidivism rate and reentry through a holistic approach | 9 | | that addresses opportunity both inside and outside of our | 10 | | prisons". | 11 | | (5) Completing a prison sentence is only the first step | 12 | | in a long road to reentry into society. | 13 | | (6) Many formerly incarcerated adults struggle to find | 14 | | jobs and housing because of their criminal history, even | 15 | | when records are expungeable. | 16 | | (7) Illinois' vulnerable communities of color also | 17 | | experience mental health challenges at higher rates, | 18 | | including depression, anxiety, acculturative stress, and | 19 | | trauma. | 20 | | (8) The mental health needs of this population are | 21 | | high, yet many are unable to access mental health services | 22 | | due to lack of health insurance, transportation, or | 23 | | cultural or language barriers. | 24 | | (9) These insecurities and challenges facing | 25 | | low-income communities of color have a large effect on the | 26 | | State's economy and on the ability of employers to find and |
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| 1 | | retain employees. | 2 | | (10) In response to some of these challenges, the City | 3 | | of Chicago established and funded a successful Legal | 4 | | Protection Fund and Community Navigator Program. The | 5 | | program has strengthened existing community-based | 6 | | organizations and trained 400 community navigators (such | 7 | | as majority immigrant women: Latinos, Asians, and | 8 | | Africans.) who have reached over 50,000 individuals | 9 | | through mass Know Your Rights trainings and have connected | 10 | | immigrant families and persons classified as DREAMers | 11 | | under the Development, Relief, and Education for Alien | 12 | | Minors Act to free community-based legal services. The | 13 | | community navigators were supported by attorneys. | 14 | | (11) Chicago's Community Navigator Program increased | 15 | | the rate of immigrants with legal representation from 30% | 16 | | to 59% with $1,300,000 while New York increased | 17 | | representation from 50% to 61% with $10,000,000 according | 18 | | to an independent study conducted by Syracuse University. | 19 | | (12) Adequate funding is necessary to ensure Illinois' | 20 | | communities of color, including immigrants, | 21 | | African-Americans, and returning citizens, know their | 22 | | rights and have access to legal support and social and | 23 | | mental health services. | 24 | | Section 10. Definitions. As used in this Act: | 25 | | "Legal services" means legal aid services rendered to |
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| 1 | | individuals, including legal consultations, representations at | 2 | | expungement proceedings, and representation before the U.S. | 3 | | Citizenship and Immigration Services, the National Visa Center | 4 | | within the U.S. Department of State, the Executive Office of | 5 | | Immigration Review within the U.S. Department of Justice, the | 6 | | U.S. Immigration and Customs Enforcement, and any other | 7 | | immigration related agency or office. | 8 | | "Community navigator" means an individual formally trained | 9 | | by a qualified nonprofit community organization to educate and | 10 | | inform individuals on a specific subject matter. | 11 | | "Grant Panel" means the Access to Justice Grant Program | 12 | | Panel created under Section 15 to review and administer
grant | 13 | | applications. | 14 | | Section 15. Access to Justice Grant Program. | 15 | | (a) The Access to Justice Grant Program is created for the | 16 | | purpose of issuing grants to 2 nonprofit, community-based | 17 | | organizations to serve as fiscal agents and increase outreach, | 18 | | education on legal matters, and access to legal services to | 19 | | low-income communities of color, including immigrant and | 20 | | African-American populations. | 21 | | (b) There is created the Access to Justice Grant Program | 22 | | Panel. The Grant Panel shall consist of the following members: | 23 | | (1) 2 co-chairs, one each appointed by the Speaker of | 24 | | the House of Representatives and the Minority Leader of the | 25 | | House of Representatives; |
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| 1 | | (2) 2 members, one each appointed by the President of | 2 | | the Senate and the Minority Leader of the Senate; and | 3 | | (3) one member appointed by the Governor. | 4 | | (c) The Department of Human Services shall provide staff | 5 | | and administrative support to the Grant Panel. Members of the | 6 | | Grant Panel shall not receive compensation for their service on | 7 | | the Grant Panel but shall be reimbursed for necessary travel | 8 | | expenses incurred in the performance of their duties. | 9 | | (d) On or before July 1, 2019, nonprofit, community-based | 10 | | organizations that meet the requirements outlined in Section 20 | 11 | | may apply to the Grant Panel for a grant under this Act. | 12 | | (e) On or before August 1, 2019, the Grant Panel shall | 13 | | award grant funds, in an amount to be determined by the Grant | 14 | | Panel, to 2 nonprofit, community-based organizations. | 15 | | (f) For State Fiscal Year 2020, the Governor shall include | 16 | | in the annual State budget for the Access to Justice Grant | 17 | | Program an appropriation of $10,000,000 which shall generate a | 18 | | one-to-one match from private employers and philanthropic or | 19 | | non-profit groups. | 20 | | Section 20. Grant application; grant review committee. | 21 | | (a) Grant applicants shall use the grant application format | 22 | | prepared and made available by the Grant Panel for this | 23 | | purpose. The applications shall be available on the Department | 24 | | of Human Services' website. | 25 | | (b) To apply to be a fiscal agent and receive a grant under |
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| 1 | | this Act, an applicant must be a nonprofit, community-based | 2 | | organization that provides legal services to meet the unique | 3 | | legal needs of the targeted populations. A fiscal agent that | 4 | | provides immigration services must: | 5 | | (1) have previous experience in serving as a fiscal | 6 | | agent; | 7 | | (2) have an in-house community navigator program; | 8 | | (3) have previously trained other organizations in the | 9 | | community navigator program; | 10 | | (4) have headquarters in a census tract where at least | 11 | | 75% of the population is from a minority group; and | 12 | | (5) be recognized by the Department of Justice to | 13 | | practice immigration law. | 14 | | (c) Each fiscal agent must fund and train 10 | 15 | | community-based organizations throughout the State to recruit | 16 | | and train community navigators to reach and inform 20,000 | 17 | | Illinois low-income and vulnerable individuals living in | 18 | | communities of color on Know Your Rights, expungement | 19 | | processes, mental health services, and immigration legal | 20 | | services. | 21 | | (d) Each fiscal agent must fund and train 10 | 22 | | community-based legal service organizations that will conduct | 23 | | 5,000 legal screenings for low-income and vulnerable | 24 | | communities of color. | 25 | | (e) At least one fiscal agent must be able to work with | 26 | | mental health organizations to implement 4 pilot |
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| 1 | | community-based mental health programs. | 2 | | (f) Each grant applicant shall: | 3 | | (1) describe itself, indicate whether it is a | 4 | | nonprofit, community-based organization, and provide its | 5 | | legal status and a summary of its mission; | 6 | | (2) be authorized to conduct affairs in the State of | 7 | | Illinois; | 8 | | (3) designate that it is applying for a grant to ensure | 9 | | access to legal services in low-income communities of | 10 | | color, including immigrant and African-American | 11 | | populations; and | 12 | | (4) have a partnership with business associations to | 13 | | reduce barriers to employment, provide certified training, | 14 | | and address labor shortage for Illinois employers. | 15 | | (j) Each grant application shall include a detailed, | 16 | | narrative statement describing the proposed use of the grant | 17 | | funds. Each grant applicant shall also provide: | 18 | | (1) the name and contact information of the Director of | 19 | | the nonprofit, community-based organization; | 20 | | (2) a description of the applicant's ability to | 21 | | administer the grant; | 22 | | (3) a project title; | 23 | | (4) a project description; | 24 | | (5) a description of the applicant's | 25 | | request-for-proposals process and any other process used | 26 | | for selecting sub-grantee organizations; |
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| 1 | | (6) the applicant's target audience and needs; | 2 | | (7) a project schedule; | 3 | | (8) methods for evaluating outcomes; and | 4 | | (9) the applicant's proposed budget and a detailed | 5 | | explanation of expenses. | 6 | | Grant applicants must demonstrate in their grant | 7 | | applications that they have satisfactorily met all | 8 | | requirements set forth in this Section, and that they possess | 9 | | the administrative capacity to perform the purposes of the | 10 | | Access to Justice Grant Program and the fiscal and reporting | 11 | | functions stipulated in this Section. | 12 | | (k) The Grant Panel may deny a grant application if the | 13 | | requirements of this Section are not met or are inadequately | 14 | | met. The Grant Panel shall not discriminate on the basis of | 15 | | race, color, religion, gender, age, national origin, | 16 | | disability, marital status, sexual orientation, or military | 17 | | status in the awarding of grants. | 18 | | (l) Grant applications that are not submitted in the | 19 | | required format by July 1, 2019, as set forth in subsection (d) | 20 | | of Section 15, or that are not completed, shall not be | 21 | | considered for funding by the Grant Panel. | 22 | | (m) The grant application process shall be competitive. A | 23 | | grant review committee shall review all grant applications and | 24 | | make recommendations to the Grant Panel regarding the selection | 25 | | of grant award recipients. | 26 | | (n) The grant review committee shall consist of one |
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| 1 | | representative from the Department of Human Services, and, at | 2 | | the discretion of the Grant Panel, any other additional | 3 | | qualified reviewers. Any additional reviewers shall be | 4 | | selected based on their academic qualifications and their | 5 | | vocational and volunteer experience related to the subject | 6 | | matter of the grant. | 7 | | (o) No person shall serve on the grant review committee if | 8 | | that person: | 9 | | (1) is applying for a grant under this Act; | 10 | | (2) is employed by any entity applying for a grant | 11 | | under this Act; | 12 | | (3) has an ownership interest in or receives income | 13 | | from any entity applying for a grant under this Act; or | 14 | | (4) is related more closely than the 5th degree of | 15 | | consanguinity (second cousins) to an owner or employee of | 16 | | any entity applying for a grant under this Act. | 17 | | (p) Members of the grant review committee shall | 18 | | independently consider the following criteria and assign | 19 | | weighted scores up to the total amount of points indicated: | 20 | | (1) Requirements. Does the nonprofit meet the | 21 | | requirements as outlined in Section 20? (500 points) | 22 | | (2) Abstract. Does the project overview appropriately | 23 | | communicate the proposed project? (25 points) | 24 | | (3) Administrative capacity. Does the applicant have | 25 | | adequate experience and qualifications to accomplish the | 26 | | proposed project? Is the applicant a known and trusted |
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| 1 | | voice in the community to be served? (100 points) | 2 | | (4) Project description. Has the applicant provided a | 3 | | comprehensive description of the project, including | 4 | | details about methods, activities, and services to be | 5 | | provided in light of the legislative findings under Section | 6 | | 5? (200 points) | 7 | | (5) Connection to employers. Has the applicant stated | 8 | | how this program will partner with trade and business | 9 | | associations to reach the workforce and to increase the | 10 | | pipeline of available workers to fill high and low skilled | 11 | | employment positions? Does the application include at | 12 | | least 3 letters of support from Illinois trade or business | 13 | | associations? (100 points) | 14 | | (6) Capacity building. Has the applicant described how | 15 | | it will build capacity for smaller nonprofits to be able to | 16 | | achieve their goals, including training, technical | 17 | | assistance, and coordination with public and private | 18 | | entities? (300 points) | 19 | | (7) Target audience and need. Has the applicant | 20 | | identified the intended audience and its need for services | 21 | | proposed? Has the applicant set forth a plan for | 22 | | identifying and reaching target communities? (500 points) | 23 | | (8) Project schedule. Does the applicant's timeline | 24 | | clearly illustrate appropriate scheduling of the proposed | 25 | | actions and activities? (50 points) | 26 | | (9) Evaluation. Is the methodology and strategy that |
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| 1 | | the applicant will use to evaluate the success of the | 2 | | project reasonable? (25 points) | 3 | | (10) Budget. Is the proposed budget reasonable, | 4 | | necessary, appropriate, and adequate to perform the | 5 | | proposed services? (100 points) | 6 | | (q) For purposes of this grant application and review | 7 | | process: | 8 | | (1) Two organizations shall serve as fiscal agents. | 9 | | Fiscal agents then must sub-grant as provided in this Act | 10 | | and in with the approval of the Department of Human | 11 | | Services. | 12 | | (2) All grant applicants shall be notified whether or | 13 | | not their application has been approved. The decision of | 14 | | the Grant Panel regarding the award of grants under this | 15 | | Section is final. | 16 | | (3) The Grant Panel shall notify the submitting entity | 17 | | when an application is approved. All approved applicants | 18 | | shall enter into a grant agreement provided by the Grant | 19 | | Panel before any grant funds are distributed. | 20 | | Section 25. Grant reporting requirements. | 21 | | (a) As stipulated by the grant agreement, the following | 22 | | reports shall be completed and transmitted to the Department of | 23 | | Human Services by each grant recipient: | 24 | | (1) monthly narrative and financial reports that | 25 | | identify by line item all expenditures made from grant |
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| 1 | | funds; | 2 | | (2) a final financial report showing all expenditures | 3 | | of grant funds and the return of any unexpended grant | 4 | | funds; and | 5 | | (3) a final narrative report evaluating the degree to | 6 | | which the grantee achieved the goals and objectives of the | 7 | | project. | 8 | | The Grant Panel may request additional information and data | 9 | | from any grant applicant. | 10 | | (b) Grants awarded under this Section are subject to the | 11 | | Grant Accountability and Transparency Act. The Grant Panel | 12 | | shall not consider grant applications submitted by entities | 13 | | that are included in the Illinois Debarred and Suspended List | 14 | | maintained by the Governor's Office of Management and Budget. | 15 | | (c) Grant recipients shall maintain books and records | 16 | | relating to the expenditure of grant funds. Books and records, | 17 | | including information stored in computer systems, shall be | 18 | | maintained by the grant recipient for a period of 3 years from | 19 | | the later of the date of the final grant payment or the | 20 | | completion of the projects for which the grant was issued. | 21 | | (d) Books and records required to be maintained under this | 22 | | Section shall be available for review or audit by the | 23 | | Department of Commerce and Economic Opportunity, the Attorney | 24 | | General, or the Auditor General. Failure to maintain books and | 25 | | records required by this Section shall establish a presumption | 26 | | in favor of the Grant Panel for the recovery of any grant |
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| 1 | | funds, attorney's fees, and costs paid by the Grant Panel or | 2 | | its designee. | 3 | | (e) Grants made under this Section are subject to the | 4 | | provisions of the Illinois Grant Funds Recovery Act. Actions | 5 | | brought under that Act may include, but are not limited to, a | 6 | | grant recipient's: (i) failure to spend funds in accordance | 7 | | with the application or any approved amendment to the | 8 | | application or (ii) failure to comply with reporting procedures | 9 | | stipulated in this Section. If a provision of this Section | 10 | | conflicts with a provision of the Illinois Grant Funds Recovery | 11 | | Act, then the provision of the Illinois Grant Funds Recovery | 12 | | Act controls. | 13 | | (f) Obligations of the Grant Panel to fund the Access to | 14 | | Justice Grant Program shall cease immediately without penalty | 15 | | or further payment being required if the funds for the grants | 16 | | are not available to the Grant Panel.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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