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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Task | ||||||||||||||||||||||||
5 | Force on Inventorying Employment Restrictions Act. | ||||||||||||||||||||||||
6 | Section 5. Purpose. The General Assembly finds and declares | ||||||||||||||||||||||||
7 | that: | ||||||||||||||||||||||||
8 | (1) public safety dictates the adoption of employment | ||||||||||||||||||||||||
9 | restrictions to protect vulnerable populations, to prevent | ||||||||||||||||||||||||
10 | the risk of loss and liability, and to minimize the | ||||||||||||||||||||||||
11 | likelihood of harm to the public, fellow employees and | ||||||||||||||||||||||||
12 | customers; | ||||||||||||||||||||||||
13 | (2) gainful employment after release from prison is one | ||||||||||||||||||||||||
14 | of the critical elements necessary to achieve successful | ||||||||||||||||||||||||
15 | reentry after prison and that employment has been shown to | ||||||||||||||||||||||||
16 | reduce recidivism; | ||||||||||||||||||||||||
17 | (3) to make our communities safer, public safety also | ||||||||||||||||||||||||
18 | requires that employment opportunities not be so | ||||||||||||||||||||||||
19 | restricted that people with criminal records are unable to | ||||||||||||||||||||||||
20 | engage in gainful employment; | ||||||||||||||||||||||||
21 | (4) many State laws and policies impose restrictions on | ||||||||||||||||||||||||
22 | the employment of persons with criminal records including | ||||||||||||||||||||||||
23 | State government jobs, jobs in State-licensed, regulated |
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1 | and funded entities, and jobs requiring State | ||||||
2 | certification; | ||||||
3 | (5) no comprehensive review of these restrictions has | ||||||
4 | been undertaken to evaluate whether the restrictions are | ||||||
5 | substantially related to the safety, trust and | ||||||
6 | responsibility required of the job or to the goal of | ||||||
7 | furthering public safety; | ||||||
8 | (6) a less restrictive approach is preferred if it both | ||||||
9 | furthers public safety and preserves employment | ||||||
10 | opportunities; and | ||||||
11 | (7) the State's agencies, boards, and commissions can | ||||||
12 | assume a leadership role in providing employment | ||||||
13 | opportunities to people with criminal records by reviewing | ||||||
14 | their employment policies and practices and identifying | ||||||
15 | barriers to employment that can safely be removed to enable | ||||||
16 | people with criminal records to demonstrate their | ||||||
17 | rehabilitation. | ||||||
18 | Section 10. Definitions. As used in this Act: | ||||||
19 | "State agencies" shall mean the following State | ||||||
20 | agencies, boards, and commissions: Department on Aging, | ||||||
21 | Department of Agriculture, Office of Appellate Defender, | ||||||
22 | Office of the State's Attorneys Appellate Prosecutor, | ||||||
23 | Illinois Arts Council, Office of the Attorney General, | ||||||
24 | Auditor General, Capital Development Board, Department of | ||||||
25 | Central Management Services, Department of Children and |
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1 | Family Services, Civil Service Commission, Illinois | ||||||
2 | Department of Commerce and Economic Opportunity, Illinois | ||||||
3 | Commerce Commission, Illinois Community College Board, | ||||||
4 | State of Illinois Comprehensive Health Insurance Plan, | ||||||
5 | Office of the Comptroller, Department of Corrections, | ||||||
6 | Criminal Justice Information Authority, Illinois Council | ||||||
7 | on Developmental Disabilities, Illinois Deaf and Hard of | ||||||
8 | Hearing Commission, Commission on Discrimination and Hate | ||||||
9 | Crimes, State Board of Education, Illinois Educational | ||||||
10 | Labor Relations Board, State Board of Elections, Illinois | ||||||
11 | Emergency Management Agency, Department of Employment | ||||||
12 | Security, Environmental Protection Agency, Illinois State | ||||||
13 | Fair, Illinois Finance Authority, Department of Financial | ||||||
14 | and Professional Regulation, Office of the First Lady, | ||||||
15 | Illinois Gaming Board, Office of the Governor, | ||||||
16 | Guardianship and Advocacy Commission, Department of | ||||||
17 | Healthcare and Family Services, Board of Higher Education, | ||||||
18 | Historic Preservation Agency, Illinois Housing Development | ||||||
19 | Authority, Illinois Human Rights Commission, Department of | ||||||
20 | Human Rights, Department of Human Services, Illinois State | ||||||
21 | Board of Investment, Department of Juvenile Justice, | ||||||
22 | Office of the Lieutenant Governor, Department of Labor, | ||||||
23 | Illinois Labor Relations Board, Illinois Law Enforcement | ||||||
24 | Training Standards Board, Illinois Liquor Control | ||||||
25 | Commission, Illinois Lottery, Governor's Office of | ||||||
26 | Management and Budget, Illinois Medical District |
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1 | Commission, Department of Military Affairs, Department of | ||||||
2 | Natural Resources, Pollution Control Board, Prairie State | ||||||
3 | 2000 Authority, Property Tax Appeal Board, Department of | ||||||
4 | Public Health, Illinois Prisoner Review Board, Illinois | ||||||
5 | Racing Board, Department of Revenue, Office of the | ||||||
6 | Secretary of State, State Fire Marshal, Illinois State | ||||||
7 | Police, State Police Merit Board, State Retirement | ||||||
8 | Systems, Office of the State Treasurer, State Universities | ||||||
9 | Civil Service System, State Universities Retirement | ||||||
10 | System, Illinois Student Assistance Commission, Illinois | ||||||
11 | Supreme Court, Illinois Teachers' Retirement System, | ||||||
12 | Illinois State Toll Highway Authority, Department of | ||||||
13 | Transportation, Department of Veterans Affairs', | ||||||
14 | Governor's Office of Women's Affairs, and Illinois | ||||||
15 | Workers' Compensation Commission. | ||||||
16 | Section 15. Task Force. | ||||||
17 | (a) The Task Force on Inventorying Employment Restrictions | ||||||
18 | is hereby created in the Department of Employment Security. The | ||||||
19 | purpose of the Task Force is to review the statutes, | ||||||
20 | administrative rules, policies and practices that restrict | ||||||
21 | employment of persons with a criminal history, as set out in | ||||||
22 | subsection (c) of this Section, and to report to the Governor | ||||||
23 | and the General Assembly those employment restrictions and | ||||||
24 | their impact on employment opportunities for people with | ||||||
25 | criminal records.
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1 | (b) Within 60 days after the effective date of this Act, | ||||||
2 | the President of the Senate, the Speaker of the House of | ||||||
3 | Representatives, the Minority Leader of the Senate, and the | ||||||
4 | Minority Leader of the House of Representatives shall each | ||||||
5 | appoint 2 members to the Task Force. In addition, the Director | ||||||
6 | or Secretary of each of the following, or his or her designee, | ||||||
7 | are members: the Department of Human Services, the Department | ||||||
8 | of Corrections, the Department of Commerce and Economic | ||||||
9 | Opportunity, the Department of Children and Family Services, | ||||||
10 | the Department of Human Rights, the Illinois State Board of | ||||||
11 | Education, the Illinois Board of Higher Education, and the | ||||||
12 | Illinois Community College Board. Members shall not receive | ||||||
13 | compensation. The Department of Employment Security shall | ||||||
14 | provide staff and other assistance to the Task Force.
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15 | (c) On or before September 1, 2009, all State agencies | ||||||
16 | shall produce a report for the Task Force that describes the | ||||||
17 | employment restrictions that are based on criminal records for | ||||||
18 | each occupation under the agency's jurisdiction and that of its | ||||||
19 | boards, if any, including, but not limited to, employment | ||||||
20 | within the agency; employment in facilities licensed, | ||||||
21 | regulated, supervised, or funded by the agency; employment | ||||||
22 | pursuant to contracts with the agency; and employment in | ||||||
23 | occupations that the agency licenses or provides | ||||||
24 | certifications to practice. For each occupation subject to a | ||||||
25 | criminal records-based restriction, the agency shall set forth | ||||||
26 | the following:
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1 | (1) the job title, occupation, job classification, or | ||||||
2 | restricted place of employment, including the range of | ||||||
3 | occupations affected in such places;
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4 | (2) the statute, regulation, policy, and procedure | ||||||
5 | that authorizes the restriction of applicants for | ||||||
6 | employment and licensure, current employees, and current | ||||||
7 | licenses;
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8 | (3) the substance and terms of the restriction, and
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9 | (A) if the statute, regulation, policy or practice | ||||||
10 | enumerates disqualifying offenses, a list of each | ||||||
11 | disqualifying offense, the time limits for each | ||||||
12 | offense, and the point in time when the time limit | ||||||
13 | begins;
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14 | (B) if the statute, regulation, policy or practice | ||||||
15 | does not enumerate disqualifying offenses and instead | ||||||
16 | provides for agency discretion in determining | ||||||
17 | disqualifying offenses, the criteria the agency has | ||||||
18 | adopted to apply the disqualification to individual | ||||||
19 | cases. Restrictions based on agency discretion | ||||||
20 | include, but are not limited to, restrictions based on | ||||||
21 | an offense "related to" the practice of a given | ||||||
22 | profession; an offense or act of "moral turpitude"; and | ||||||
23 | an offense evincing a lack of "good moral character".
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24 | (4) the procedures used by the agency to identify an | ||||||
25 | individual's criminal history, including but not limited | ||||||
26 | to disclosures on applications and background checks |
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1 | conducted by law enforcement or private entities;
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2 | (5) the procedures used by the agency to determine and | ||||||
3 | review whether an individual's criminal history | ||||||
4 | disqualifies that individual;
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5 | (6) the year the restriction was adopted, and its | ||||||
6 | rationale;
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7 | (7) any exemption, waiver, or review mechanisms | ||||||
8 | available to seek relief from the disqualification based on | ||||||
9 | a showing of rehabilitation or otherwise, including the | ||||||
10 | terms of the mechanism, the nature of the relief it | ||||||
11 | affords, and whether an administrative and judicial appeal | ||||||
12 | is authorized;
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13 | (8) any statute, rule, policy and practice that | ||||||
14 | requires an individual convicted of a felony to have his | ||||||
15 | civil rights restored to become qualified for the job; and
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16 | 9 copies of the following documents:
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17 | (A) forms, applications, and instructions provided | ||||||
18 | to applicants and those denied or terminated from jobs | ||||||
19 | or licenses based on their criminal record;
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20 | (B) forms, rules, and procedures that the agency | ||||||
21 | employs to provide notice of disqualification, to | ||||||
22 | review applications subject to disqualification, and | ||||||
23 | to provide for exemptions and appeals of | ||||||
24 | disqualification.
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25 | (C) memos, guidance, instructions to staff, | ||||||
26 | scoring criteria and other materials used by the agency |
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1 | to evaluate the criminal histories of applicants, | ||||||
2 | licensees, and employees; and
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3 | (D) forms and notices used to explain waiver, | ||||||
4 | exemption and appeals procedures for denial, | ||||||
5 | suspensions and terminations of employment or | ||||||
6 | licensure based on criminal history.
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7 | (d) Each executive agency shall participate in a review to | ||||||
8 | determine the impact of the employment restrictions based on | ||||||
9 | criminal records and the effectiveness of existing | ||||||
10 | case-by-case review mechanisms. For each occupation under the | ||||||
11 | agency's jurisdiction for which there are employment | ||||||
12 | restrictions based on criminal records, each State agency must | ||||||
13 | provide the Task Force with a report, on or before November 1, | ||||||
14 | 2009, for the previous 2-year period, setting forth:
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15 | (1) the total number of people currently employed in | ||||||
16 | the occupation whose employment or licensure required | ||||||
17 | criminal history disclosure, background checks or | ||||||
18 | restrictions;
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19 | (2) the number and percentage of individuals who | ||||||
20 | underwent a criminal history background check;
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21 | (3) the number and percentage of individuals who were | ||||||
22 | merely required to disclose their criminal history without | ||||||
23 | a criminal history background check;
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24 | (4) the number and percentage of individuals who were | ||||||
25 | found disqualified based on criminal history disclosure by | ||||||
26 | the applicant;
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1 | (5) the number and percentage of individuals who were | ||||||
2 | found disqualified based on a criminal history background | ||||||
3 | check;
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4 | (6) the number and percentage of individuals who sought | ||||||
5 | an exemption or waiver from the disqualification;
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6 | (7) the number and percentage of individuals who sought | ||||||
7 | an exemption or waiver who were subsequently granted the | ||||||
8 | exemption or waiver at the first level of agency review (if | ||||||
9 | multiple levels of review are available);
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10 | (8) the number and percentage of individuals who sought | ||||||
11 | an exemption or waiver who were subsequently granted the | ||||||
12 | exemption or waiver at the next level of agency review (if | ||||||
13 | multiple levels of review are available);
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14 | (9) the number and percentage of individuals who were | ||||||
15 | denied an exemption or waiver at the final level of agency | ||||||
16 | review, and then sought review through an administrative | ||||||
17 | appeal;
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18 | (10) the number and percentage of individuals who were | ||||||
19 | denied an exemption or waiver at the final level of agency | ||||||
20 | review, and then sought review through an administrative | ||||||
21 | appeal and were then found qualified after such a review;
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22 | (11) the number and percentage of individuals who were | ||||||
23 | found disqualified where no waiver or exemption process is | ||||||
24 | available;
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25 | (12) the number and percentage of individuals who were | ||||||
26 | found disqualified where no waiver or exemption process is |
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1 | available and who sought administrative review and then | ||||||
2 | were found qualified;
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3 | (13) if the agency maintains records of active licenses | ||||||
4 | or certifications, the executive agency shall provide the | ||||||
5 | total number of employees in occupations subject to | ||||||
6 | criminal history restrictions.
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7 | (e) The Task Force shall report its findings and | ||||||
8 | recommendations to the Governor and the General Assembly by | ||||||
9 | January 31, 2010.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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