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Public Act 096-0632
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| SB1677 Enrolled |
LRB096 10732 KTG 20916 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by adding Section 2310-186 as follows:
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(20 ILCS 2310/2310-186 new) |
Sec. 2310-186. Criminal history record checks; task force. |
The Department of Public Health in collaboration with the |
Department of State Police shall create a task force to examine |
the process used by State and local governmental agencies to |
conduct criminal history record checks as a condition of |
employment or approval to render provider services to such an |
agency. |
The task force shall be comprised of representatives from |
State and local agencies that require an applicant to undergo a |
fingerprint-based criminal history record check pursuant to |
State or federal law or agencies that are contemplating such a |
requirement. The task force shall include but need not be |
limited to representatives from the Department of State Police, |
the Illinois Criminal Justice Information Authority, the |
Department of Children and Family Services, the Department of |
Central Management Services, the Department of Healthcare and |
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Family Services, the Department of Financial and Professional |
Regulation, the Department of Public Health, the Department of |
Human Services, the Department of Labor, the Office of the |
Secretary of State, the Illinois State Board of Education |
(whose representative or representatives shall consult with |
the Regional Offices of Education and representatives of 2 |
statewide teachers unions, a statewide organization |
representing school principals, a statewide school |
administrators organization, and school bus companies), the |
Live Scan fingerprinting industry, a union for child care |
workers who provide service to children, a large regional park |
district, and at least 2 statewide non-governmental, |
non-profit multi-issue advocacy organizations to represent the |
interests of prospective employees. The task force shall be |
chaired by 2 co-chairpersons, one appointed by the Director of |
Public Health and the other appointed by the Director of State |
Police. The task force members shall be appointed within 30 |
days after the effective date of this amendatory Act of the |
96th General Assembly. The Department of Public Health and the |
Department of State Police shall jointly provide |
administrative and staff support to the task force as needed. |
The task force shall review and make recommendations to |
create a more centralized and coordinated process for |
conducting criminal history record checks in order to reduce |
duplication of effort and make better use of resources and more |
efficient use of taxpayer dollars. |
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The task force shall provide a plan to revise the criminal |
history record check process to the General Assembly by January |
1, 2011. The plan shall address the following issues: |
(1) Identification of any areas of concern that have |
been identified by stakeholders and task force members |
regarding State or federally mandated criminal history |
record checks. |
(2) Evaluation of the feasibility of using an |
applicant's initial criminal history record information |
results for subsequent employment or licensing screening |
purposes while protecting the confidentiality of the |
applicant. |
(3) Evaluation of the feasibility of centralizing the |
screening of criminal history record information inquiry |
responses. |
(4) Identification and evaluation of existing |
technologies that could be utilized to eliminate the need |
for a subsequent fingerprint inquiry each time an applicant |
changes employment or seeks a license requiring a criminal |
history record inquiry. |
(5) Identification of any areas where State or |
federally mandated criminal history record checks can be |
implemented in a more efficient and cost-effective manner. |
(6) Evaluation of what other states and the federal |
government are doing to address similar concerns. |
(7) Identification of programs serving vulnerable |
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populations that do not currently require criminal history |
record information to determine whether those programs |
should be included in a centralized screening of criminal |
history record information. |
(8) Identification of any issues that agencies face in |
interpreting criminal history records, such as |
differentiating among types of dispositions, and |
evaluation of how those records can be presented in a |
format better tailored to non-law enforcement purposes. |
(9) Ensuring that any centralized criminal history |
records system discloses sealed criminal history records |
only to those agencies authorized to receive those records |
under Illinois law. |
(10) Evaluation of the feasibility of creating a |
process whereby agencies provide copies of the criminal |
background check to applicants for the purpose of providing |
applicants with the opportunity to assess the accuracy of |
the records. |
(11) Evaluation of the feasibility of adopting a |
uniform procedure for obtaining disposition information |
where an arrest or criminal charge is reported without |
subsequent disposition. |
(12) Preparation of a report for the General Assembly |
proposing solutions that can be adopted to eliminate the |
duplication of applicant fingerprint submissions and the |
duplication of criminal records check response screening |
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efforts and to minimize the costs of conducting State and |
FBI fingerprint-based inquiries in Illinois.
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 9A-11.5 as follows:
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(305 ILCS 5/9A-11.5)
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Sec. 9A-11.5. Investigate child care providers. |
(a) Any child care provider receiving funds from the child |
care assistance program
under this Code who is not required to |
be licensed under the Child Care Act of
1969 shall, as a |
condition of eligibility to participate in the child care
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assistance program under this Code, authorize in writing on a |
form prescribed
by the Department of Children and Family |
Services, periodic investigations of the
Central Register, as |
defined in the Abused and Neglected Child Reporting Act,
to |
ascertain if the child care provider has been determined to be |
a perpetrator
in an indicated report of child abuse or neglect. |
The Department of Children and Family Services shall conduct an |
investigation
of the Central Register at the request of the |
Department. The Department shall
request the Department of |
Children and Family Services to conduct periodic
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investigations of the Central Register. |
(b) Any child care provider, other than a relative of the |
child, receiving funds from the child care assistance program |
under this Code who is not required to be licensed under the |
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Child Care Act of 1969 shall, as a condition of eligibility to |
participate in the child care assistance program under this |
Code, authorize in writing a State and Federal Bureau of |
Investigation fingerprint-based criminal history record check |
to determine if the child care provider has ever been convicted |
of a crime with respect to which the conviction has not been |
overturned and the criminal records have not been sealed or |
expunged. Upon this authorization, the Department shall |
request and receive information and assistance from any federal |
or State governmental agency as part of the authorized criminal |
history record check. The Department of State Police shall |
provide information concerning any conviction that has not been |
overturned and with respect to which the criminal records have |
not been sealed or expunged, whether the conviction occurred |
before or on or after the effective date of this amendatory Act |
of the 96th General Assembly, of a child care provider upon the |
request of the Department when the request is made in the form |
and manner required by the Department of State Police. The |
Department of State Police shall charge a fee not to exceed the |
cost of processing the criminal history record check. The fee |
is to be deposited into the State Police Services Fund. Any |
information concerning convictions that have not been |
overturned and with respect to which the criminal records have |
not been sealed or expunged obtained by the Department is |
confidential and may not be transmitted (i) outside the |
Department except as required in this Section or (ii) to anyone |
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within the Department except as needed for the purposes of |
determining participation in the child care assistance |
program. A copy of the criminal history record check obtained |
from the Department of State Police shall be provided to the |
unlicensed child care provider. |
(c) The Department shall
by rule set standards for |
determining when to disqualify an unlicensed child care |
provider for payment because (i) there is an indicated finding |
against the provider based on the results of the Central |
Register search or (ii) there is a disqualifying criminal |
charge pending against the provider or the provider has a |
disqualifying criminal conviction that has not been overturned |
and with respect to which the criminal records have not been |
expunged or sealed based on the results of the |
fingerprint-based Department of State Police and Federal |
Bureau of Investigation criminal history record check. In |
determining whether to disqualify an unlicensed child care |
provider for payment under this subsection, the Department |
shall consider the nature and gravity of any offense or |
offenses; the time that has passed since the offense or |
offenses or the completion of the criminal sentence or both; |
and the relationship of the offense or offenses to the |
responsibilities of the child care provider determine when |
payment to an unlicensed child care provider may be
withheld if |
there is an indicated finding against the provider in the |
Central
Register.
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