SB3947 102ND GENERAL ASSEMBLY

LRB102 25792 CMG 35126 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3947

Introduced 1/21/2022, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Second Chance State Behavioral Health Workforce Development Act. Contains findings. Provides that each institution of higher education shall annually allow for the admission of at least one returning resident (a person who is a resident of and domiciled in Illinois, has graduated from high school or the equivalent, has been convicted of a felony by a specified court, was sentenced to incarceration pursuant to that conviction, and is no longer incarcerated) in an undergraduate or graduate academic program that will lead to the qualification of the returning resident as a behavioral health care professional. Provides that the returning resident shall not be required to pay any tuition, fee, or other charge for any class the returning resident takes if the State appropriates funds for reimbursement. Provides that the Illinois Student Assistance Commission shall contract with community-based organizations and legal service providers to provide specified services to returning residents. Provides that certain criminal convictions and dispositions are not cause for a licensing agency to deny an individual a license, permission, or authorization to be a behavioral health care professional. Provides that a licensing agency shall consider specified mitigating factors when considering an application for a license, permission, or other authorization to be a behavioral health care professional. Provides that, if a licensing agency refuses to issue a license, permission, or other authorization to perform a behavioral health care profession based upon a conviction, the licensing agency shall notify the individual of the denial with specified information included in the notice of denial. Provides that neither the Commission nor a community-based organization providing services under the Act shall enter into a contractual or other financial, service, or volunteer relationship with and shall not pay any money or provide any other form of consideration to specified persons or entities. Provides that institutions of higher education shall strictly comply with the Act and the Commission shall take actions necessary to obtain compliance and enforce the Act. Contains provisions concerning judicial proceedings, certifications, adoption of rules, notices, conflicts, severability, and other matters. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Second Chance State Behavioral Health Workforce Development Act.

Section 5. Findings. The General Assembly finds that:

(1) The insufficient number of behavioral health professionals in Illinois' behavioral health workforce has created a public health crisis.

(2) A University of Southern California study estimates that this shortage increased by approximately 201% between 2017 and 2018, alone. As a result, about 38% or nearly 4.9 million Illinoisans reside in behavioral health workforce shortage areas.

(3) Justice-involved individuals are among the populations in Illinois who are most severely impacted by this shortage. According to the University of Southern California study, people living with mental illness are more likely to encounter the criminal justice system, resulting in a large number of arrests and incarcerations and recidivism. The overall cost of incarceration of more than 8,000 prisoners with serious mental illness in the State of Illinois exceeds $190 million per year. It costs Illinois over $151,000 each time one of those individuals recidivates.

(4) Studies have demonstrated the effectiveness of allowing persons with similarly lived experiences to provide behavioral health services to this population.

(5) To end the behavioral health workforce shortage that affects Illinois as a whole and the justice-involved population in particular, it is therefore in this State's best interest to provide pathways for those with lived carceral experience to gain the training and credentials they need to provide behavioral health services.

Section 10. Definitions. As used in this Act:

"Behavioral health care profession" means a profession involving the provision of behavioral health care including, without limitation, qualified mental health professionals, certified alcohol and drug counselors, peer support specialists, clinical psychologists, licensed clinical social workers, licensed social workers, marriage and family therapists, professional counselors, clinical professional counselors, and sex offender treatment providers.

"Behavioral health care professional" means a person engaged in a behavioral health care profession.

"Commission" means the Illinois Student Assistance Commission.

"Community-based organization" means a private, non-profit entity that has established and demonstrable experience providing behavioral health care and other services to Illinois' returning resident community and an understanding of the issues affecting those returning residents, which is evidenced by (1) the provision of behavioral health and other services to returning residents in Illinois for at least 5 years; (2) experience providing returning residents with assistance regarding issues necessary for those returning residents' success in life, including, without limitation, job preparation training, skills training, job placement, housing, financial and digital literacy and physical and behavioral health; (3) experience providing educational programming to returning residents; (4) experience providing that assistance on a comprehensive, coordinated, and holistic basis; (5) having established relationships with other community-based service providers that serve returning residents' needs; (6) a history of employing returning residents; and (7) leadership that reflects the diversity of the community in which the organization operates.

"Degree granting institution" shall have the meaning set forth in Section 2 of the Academic Degree Act.

"For-profit correctional entity" means a person or entity that directly, indirectly, or beneficially operates a correctional or detention facility for profit.

"Institution of higher education" means any publicly or privately operated university, college, community college, business, technical, or vocational school, or other educational institution offering degrees or instruction beyond the secondary school level, including, without limitation, a degree granting institution, post-secondary educational institution, public institution of higher education, or any institution that operates pursuant to authority provided to it by the Board of Higher Education or the Board of Higher Education Act.

"Licensing agency" means the State or any agency or other political subdivision of the State that is authorized to grant a license, permission, or other authorization for an individual to be a behavioral health care professional, including, without limitation, individuals providing services as qualified mental health professionals, certified alcohol and drug counselors, peer support specialists, clinical psychologists, licensed clinical social workers, licensed social workers, marriage and family therapists, professional counselors, clinical professional counselors, and sex offender treatment providers.

"Post-secondary educational institution" has the meaning set forth in Section 1 of the Private College Act.

"Public institutions of higher education" has the meaning set forth in Section 1 of the Board of Higher Education Act.

"Returning resident" means a person who: (1) is a resident of and domiciled in Illinois; (2) has graduated from high school or the equivalent; (3) has been convicted of a felony or similar crime by any state or federal court sitting in the United States, any territory thereof, the District of Columbia, or any United States military tribunal; (4) was sentenced to incarceration pursuant to that conviction; and (5) is no longer incarcerated.

Section 15. Administration of Act. The Commission shall administer all programs, services, and all other provisions of Sections 20 and 25, provide administrative support for the implementation of those Sections, and is authorized to adopt rules necessary to implement those Sections.

Section 20. Returning resident enrollment rights.

(a) Each institution of higher education shall annually allow for the admission of at least one returning resident in an academic program that is intended to culminate in the granting of undergraduate and graduate degrees by that institution of higher education that will satisfy academic prerequisites and lead to the qualification of the returning resident to be a behavioral health care professional.

(b) If the institution of higher education requires students to have completed an entrance examination as a precondition to admission to the program in which the returning resident seeks admission, the returning resident shall be admitted to that program if the returning resident's score on such examination is at least equivalent to the lowest score achieved by a person who was admitted in the previous year to the same program at the institution of higher education to which the returning resident seeks admission.

(c) The returning resident shall not be subject to any residency requirements otherwise applicable to enrollment in a class at the institution of higher education; however, the returning resident shall be a resident of and domiciled in Illinois.

(d) Except as provided herein, the returning resident shall be subject to all other academic requirements that apply to other students in the academic program in which the returning resident is enrolled.

(e) The returning resident shall not be required to pay any tuition, fee, or other charge for any class the returning resident takes pursuant to this Act if the State appropriates funds to reimburse the institution of higher education for the tuition, fees, or other charges that the returning resident would have otherwise paid to the institution for higher education.

(f) The returning resident shall complete the screening process set forth in Section 25 and shall not have the status of being unconditionally disqualified from obtaining the license, permission, or other authorization the returning resident would require in order to engage in the specific behavioral health care profession for which the returning resident seeks training pursuant to this Act.

Section 25. Returning resident pre-enrollment screening and services.

(a) Subject to appropriation, the Commission shall:

(1) contract with one or more community-based organizations to: (A) screen each returning resident who seeks enrollment in an institution of higher education pursuant to this Act to determine and advise the returning resident of the statutory disqualifications or conditions that apply to the returning resident's ability to obtain a license, permission, or other authorization from a State agency that the returning resident would require in order to engage in the specific behavioral health care profession for which the returning resident seeks training pursuant to this Act; and (B) provide courses and other training necessary to prepare returning residents for entrance examinations and other matters required for admission to institutions of higher education pursuant to this Act; and

(2) contract with one or more legal service providers to provide legal services to returning residents that are needed to fulfill the statutory conditions that apply to the returning resident's ability to obtain a license, permission, or other authorization that the returning resident would require in order to engage in the specific behavioral health care profession for which the returning resident seeks training pursuant to this Act, including, without limitation, sealing-related, expungement-related, and clemency-related proceedings.

(b) Within 6 months of the effective date of this Act, the Commission shall publish notice of proposed rules in the Illinois Register that set forth procedures for the screening of returning residents for admission to institutions of higher education pursuant to this Act.

Section 30. Returning resident licensure.

(a) Notwithstanding the provisions of any other law:

(1) A non-conviction disposition of a criminal proceeding against an individual shall not be cause for a licensing agency to deny that individual a license or any other permission or authorization legally required to be a behavioral health care professional.

(2) A misdemeanor conviction shall not be cause for a licensing agency to deny that individual a license or any other permission or authorization legally required to be a behavioral health care professional, regardless of the sentence imposed pursuant to that conviction.

(3) A conviction that is unrelated to the specific behavioral health care profession in which the convicted individual seeks to engage shall not be cause for a licensing agency to deny that individual a license or any other permission or authorization legally required to engage in that behavioral health care profession. Without limiting the foregoing, convictions for (i) drug related offenses; (ii) offenses involving dishonesty or fraud; (iv) violation of any provision of the Illinois Vehicle Code; (v) second degree murder; (vi) involuntary manslaughter; (vii) reckless homicide; (viii) drug induced homicide; or (xi) any other offense that did not involve the actual use of physical force, except, promoting juvenile prostitution, patronizing a minor engaged in prostitution, grooming, traveling to meet a child, terrorism, or treason, shall be construed to be unrelated to any behavioral health care profession.

(b) When a licensing agency is considering an application for a license, permission, or other authorization to be a behavioral health care professional by an individual who has been convicted of an offense that is related to the specific behavioral health care profession in which the convicted individual seeks to engage, the licensing agency shall consider the following mitigating factors in connection with the individual's conviction:

(1) the bearing, if any, the criminal offense or offenses for which the individual was previously convicted will have on the individual's fitness or ability to perform one or more such duties and responsibilities of the specific behavioral health care profession in which the individual wishes to engage;

(2) the time that has elapsed since the criminal conviction;

(3) the age of the individual at the time of the criminal conviction;

(4) if the individual was previously licensed or employed in this State or other states or jurisdictions, the lack of prior misconduct arising from or related to the licensed position or position of employment;

(5) successful completion of sentence and, for individuals serving a term of parole, probation, or mandatory supervised release, a progress report provided by the applicant's probation or parole officer that documents the individual's compliance with conditions of supervision;

(6) evidence of the applicant's present fitness and professional character;

(7) evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections;

(8) the financial and other impacts that failure to grant the license, permission, or other authorization will have on the individual; and

(9) any other mitigating factors that contribute to the individual's potential and current ability to perform the duties of the behavioral health care profession in which the individual wishes to engage.

(c) If a licensing agency refuses to issue a license, permission, or other authorization for an individual to perform a behavioral health care profession based upon a conviction or convictions, in whole or in part, the licensing agency shall notify the individual of the denial in writing with the following included in the notice of denial:

(1) a detailed explanation of all reasons for the refusal to grant the license, permission, or other authorization, including, without limitation, the factual and legal basis for the refusal;

(2) a list of convictions that a licensing agency determined will impair the individual's ability to engage in the position for which a license, permission, or other authorization is required;

(3) a list of convictions that formed the sole or partial basis for the refusal to issue a license, permission, or other authorization; and

(4) a summary of the appeal process or the earliest the individual may reapply for a license, permission, or other authorization, whichever is applicable.

(d) Each licensing agency that has not promulgated rules providing an individual who has been denied a license, permission, or other authorization to be a behavioral health care professional due to a conviction with a means of appealing that denial, shall publish notice of proposed rules in the Illinois Register within 6 months of the effective date of this Act.

Section 35. Prohibition on relationships with for-profit correctional entities.

(a) Neither the Commission nor any community-based organization providing services pursuant to this Act shall enter into a contractual or other financial, service, or volunteer relationship with and shall not pay any money or provide any other form of consideration to:

(1) a for-profit correctional entity;

(2) a person or entity that directly, indirectly, or beneficially, in the person's or entity's own name or in the name of a nominee, has an ownership interest in or other form of control over more than 7 1/2% of a for-profit correctional entity;

(3) an entity where a person or entity described in paragraph (1) or (2) directly, indirectly, or beneficially, in the person's or entity's own name or in the name of a nominee, has an ownership interest in or other form of control over more than 7 1/2%;

(4) an entity where a person described in paragraph (2) is an officer, director, trustee, administrator, or employee;

(5) a person who is or has been an officer, director, trustee, administrator, or employee of a for-profit correctional entity;

(6) an entity where a person described in paragraph (5) is an officer, director, trustee, administrator, or employee;

(7) an entity in which a for-profit correctional entity, directly, indirectly, or beneficially, in its own name or in the name of a nominee, has an ownership interest in or other form of control over more than 7 1/2%;

(8) a non-profit entity that was or is organized by, operated by, funded in part by, or has an officer, director, trustee, administrator, or employee any person or entity described in paragraphs (1) through (7).

(b) A community-based organization providing services pursuant to this Act shall not assign or otherwise transfer any of its powers, duties, or obligations that are set forth in this Act or any agreement it enters pursuant to this Act to any person or entity described in subsection (a). The Commission, any officer, director, administrator, or employee of the Commission, a community-based organization providing services pursuant to this Act or any officer, director, trustee, administrator, or employee of such community-based organization shall not refer a returning resident for any service whatsoever to a person or entity described in paragraphs (1) through (7) of subsection (a).

(c) Each party to any contract, agreement, memorandum of understanding, or similar instrument with the Commission or a community-based organization providing services pursuant to this Act shall certify in writing that under penalty of perjury, the party has performed due diligence to determine whether the party complies with this Section and, after performing the due diligence, has determined that the party complies with this Section.

(d) Each employee of the Commission and each community-based organization providing services pursuant to this Act shall certify in writing that the employee or organization has performed due diligence to determine whether the employee or organization complies with this Section and, after performing the due diligence, has determined that the employee or organization complies with this Section.

Section 40. Enforcement. Institutions of higher education shall strictly comply with the provisions of this Act. The Commission is authorized, directed, and required to take all actions necessary to obtain such compliance and otherwise enforce the provisions of this Act. Notwithstanding and in addition to any other requirement of this Act or any other provision of law:

(1) The provisions of this Act may be enforced pursuant to judicial proceedings against an alleged violator that seek to require the violator to cease and desist from violating this Act, allow one or more returning residents to be admitted to an institution of higher education or enroll in the class or classes they are entitled to enroll in pursuant to this Act, and pay any damages suffered by one or more returning residents for violation of this Act.

(2) A returning resident shall have a private right of action to enforce the provisions of this Act by personally bringing an action pursuant to paragraph (1). Any institution of higher education that is found liable for violation of this Act pursuant to this subsection shall, in addition to other damages, be liable to pay all reasonable attorney's fees, costs, and expenses incurred by the returning resident and that pertain to the returning resident's actions to enforce the returning resident's rights against that institution of higher education pursuant to this Act.

(3) Venue for any action brought pursuant to this Section shall be in the county where the returning resident who is the subject of the action is domiciled.

Section 45. Provisions of Act mandatory; conflicts. Subject only to appropriation, the provisions of this Act are mandatory and shall not be considered to be directory or discretionary. In the event of a conflict between the provisions of this Act and the provisions of the Higher Education Student Assistance Act, the provisions of this Act shall prevail.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.