SB3823 102ND GENERAL ASSEMBLY

LRB102 22629 CMG 31772 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3823

Introduced 1/21/2022, by Sen. Cristina H. Pacione-Zayas

SYNOPSIS AS INTRODUCED:

New Act

Provides that the Act may be referred to as the Second Chance State Education Act. Contains declarations and findings. Creates the Second Chance Seat in Every Class Act. Provides that each institution of higher education shall reserve at least one enrollment in each class for a 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 court sitting in Illinois, was sentenced to incarceration pursuant to that conviction, and is not currently incarcerated) and at least one enrollment in each online class for an incarcerated individual. Provides for computer equipment, Internet connections, books, and supplies for enrolled incarcerated individuals. Creates the Incarcerated Individuals and Returning Residents Educational Supply Fund as a fund of the Department of Returning Resident Affairs. Provides that moneys in the Fund shall be used exclusively to pay for costs that incarcerated individuals and returning residents incur for books or other supplies needed to take classes under the Act. Provides that any concession or similar agreement between a public institution of higher education and the operator of a bookstore or similar operation at that public institution of higher education shall include a provision requiring the operator of the bookstore or similar operation to pay 1% of its gross revenues from the operation of that bookstore or similar operation to the Fund. Creates the Second Chance State College Admissions Act. Provides that no institution of higher education shall consider criminal history information when making any decision about an applicant or student, inquire about or consider criminal history information at any time during the admission decision-making process, or place an applicant or student on probationary or similar status based upon criminal history information, with specified exceptions. Contains provisions concerning compliance, administration, enforcement, duties of an Illinois Higher Education in Prison Task Force, educational, licensing, employment barriers, severability, and other matters. Effective immediately, but certain provisions do not take effect at all unless another Act becomes law.

A BILL FOR

AN ACT concerning education.

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

Article 1

Section 1-1. References to Act. This Act may be referred to as the Second Chance State Education Act.

Section 1-5. Legislative declarations and findings. The General Assembly finds and declares that:

(1) The price exacted by the approximately 41% recidivism rate in Illinois is intolerably high. Each recidivism event costs Illinois over $151,000. The cost of recidivism in terms of violence to Illinois communities is higher, with 39% of returning residents being re-arrested for a violent crime within 9 years of release and 83% of homicide offenders in Illinois having arrest or conviction records.

(2) The General Assembly has previously found that "[t]he benefits of higher education programming…to [incarcerated individuals] and to society are well-documented".

(3) That documentation includes Northwestern University's reporting that:

"[T]here is a 43% reduction in recidivism rates for those [incarcerated individuals] who participate in prison education programs. Indeed, the higher the degree, the lower the recidivism rate is: 14% for those who obtain an associate degree, 5.6% for those who obtain a bachelor's degree, and 0% for those who obtain a master's degree."

(4) Further documentation indicates that the benefits of providing educational opportunities to incarcerated individuals and returning residents include reductions in prison disciplinary infractions and increased employment opportunities for returning residents. Most significantly, providing educational opportunities to incarcerated individuals and returning residents creates the type of positive benefits for their children that breaks the intergenerational cycle of incarceration.

(5) The General Assembly therefore finds that it is in the best interests of the health, welfare, and prosperity of all Illinois citizens for Illinois to provide and require the provision of the educational opportunities set forth in this Act.

Article 5

Section 5-1. Short title. This Article may be cited as the Second Chance Seat in Every Class Act. As used in this Article, "this Act" means this Article.

Section 5-5. Definitions. As used in this Act:

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

"Department" means the Department of Returning Resident Affairs.

"Incarcerated individual" means any person who has graduated from high school or the equivalent, has been convicted of a felony and as a result of that conviction is incarcerated in a facility that is located in the State of Illinois and is operated by or under contract with: (1) the Illinois Department of Corrections; or (2) the United States Department of Justice.

"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.

"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 by a court sitting in the State of Illinois; (4) was sentenced to incarceration pursuant to that conviction; and (5) is not currently incarcerated.

Section 5-10. Returning resident enrollment rights. As a condition of its authority to operate in Illinois, each institution of higher education shall reserve at least one enrollment in each class offered by that institution of higher education for a returning resident, subject to the following provisions:

(1) the returning resident shall not be required to have taken an entrance examination or been admitted as a student of the institution of higher education where the returning resident is taking the class;

(2) the returning resident shall not be subject to any residency requirements otherwise applicable to enrollment in a class at the institution of higher education; provided that the returning resident shall be a resident of and domiciled in Illinois;

(3) except as provided herein, the returning resident must fulfill the other academic prerequisites for the class that apply to other students desiring to take the class;

(4) the returning resident shall have the option to take the class for credit or to audit the class and shall be entitled to be awarded degrees, certifications, or similar awards upon the returning resident's satisfactory completion of the requirements for such degrees, certifications, or similar awards;

(5) except as otherwise provided herein, the returning resident shall be subject to the course requirements applicable to all other students in a class the returning resident takes pursuant to this Act;

(6) 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.

Section 5-15. Incarcerated individual enrollment rights.

(a) As a condition of its authority to operate in Illinois, each institution of higher education shall reserve at least one enrollment in each online class offered by that institution of higher education for an incarcerated individual, subject to the following provisions:

(1) the incarcerated individual shall not be required to have taken an entrance examination or been admitted as a student of the institution of higher education where the incarcerated individual is taking the class;

(2) the incarcerated individual shall not be subject to any residency requirements otherwise applicable to enrollment in a class at the institution of higher education;

(3) except as otherwise provided herein, the incarcerated individual has fulfilled the other academic prerequisites for the class that apply to other students desiring to take the class;

(4) the incarcerated individual shall have the option to take the class for credit or to audit it and shall be entitled to be awarded degrees, certifications, or similar awards upon the incarcerated individual's satisfactory completion of the requirements for such degrees, certifications, or similar awards;

(5) except as otherwise provided herein, the incarcerated individual shall be subject to the requirements applicable to all other students in a class the incarcerated individual takes pursuant to this Act;

(6) the incarcerated individual shall not be required to pay any tuition, fee, or other charge for any class the incarcerated individual takes pursuant to this Act; and

(7) an institution of higher education shall not be required to enroll an incarcerated individual in those laboratory and similar classes that the incarcerated individual could not complete due to the limitations resulting from the incarcerated individual's confinement.

(b) Within one year after the effective date of this Act, the Department of Corrections shall provide each incarcerated individual who is incarcerated in a facility operated by or under contract with the Department of Corrections and who wishes to enroll in one or more classes pursuant to this Section with:

(1) the incarcerated individual's own individual, personal computer equipment, an Internet connection and all other technology that is necessary for such enrollment and that the incarcerated individual can access at any time, at no cost to the incarcerated individual;

(2) the ability to obtain books or other supplies that the incarcerated individual reasonably needs to successfully complete such class or classes, subject to reasonable safety and security considerations. The Department of Corrections shall not charge such incarcerated individual more for such books or supplies than the actual cost of those books and supplies, without any addition for administrative expenses the Department of Corrections incurs relative to the provision of those books and supplies.

Section 5-20. Enforcement. Institutions of higher education shall strictly comply with the provisions of this Act. The Department 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 violation of the Act, allow one or more returning residents or incarcerated individuals to 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 or incarcerated individuals for violation of the Act.

(2) A returning resident or incarcerated individual 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 paragraph shall, in addition to other damages, be liable to pay all reasonable attorney's fees, costs, and expenses incurred by the returning resident or incarcerated individual and that pertain to the returning resident's or incarcerated individual's attempts to enforce the returning resident's or incarcerated individual'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 or the county where the incarcerated individual who is the subject of the action is detained.

Section 5-25. Incarcerated Individuals and Returning Residents Educational Supply Fund; rules.

(a) The Incarcerated Individuals and Returning Residents Educational Supply Fund is established as a fund of the Department. Moneys in the Fund shall be used exclusively to pay for all or a portion of the costs that incarcerated individuals and returning residents incur for books or other supplies needed to take one or more classes pursuant to this Act. Moneys in the Fund shall not be transferable to any other State fund and shall not be pledged or used for any purpose other than those set forth in this Section.

(b) Any concession or similar agreement between a public institution of higher education and the operator of a bookstore or similar operation at that public institution of higher education shall include a provision requiring the operator of the bookstore or similar operation to pay 1% of its gross revenues from the operation of that bookstore or similar operation to the Incarcerated Individuals and Returning Residents Educational Supply Fund. The Department of Revenue shall collect such moneys from such operators and shall remit such collections for deposit into the Fund. Notwithstanding any other provision of this Act, the Department of Revenue shall be authorized to enforce the provisions of this subsection (b) regarding payments due from such operators. Within 120 days after the effective date of this Act, the Department of Revenue shall publish notice of proposed rules necessary for it to implement the provisions of this subsection (b) in the Illinois Register in accordance with Section 5-40 of the Illinois Administrative Procedure Act.

(c) Within 120 days after the later of the: (i) appointment of the Department's first Director; or (ii) effective date of this Act, the Department shall publish notice of proposed rules necessary for it to implement the provisions of this Act in the Illinois Register in accordance with Section 5-40 of the Illinois Administrative Procedure Act.

Section 5-30. Prison college facility study. In addition to its other powers and duties, the Illinois Higher Education in Prison Task Force shall create a detailed proposal for the transition of an existing Department of Corrections facility to a full-time, post-secondary, degree granting academic institution for persons incarcerated by the Department of Corrections. That detailed proposal shall include, without limitation, a plan for the operation of a current Department of Corrections facility exclusively as a full-time, post-secondary, degree granting academic institution within 3 years after the effective date of this Act. That Task Force shall submit its detailed proposal to the Governor and General Assembly within one year of the effective date of this Act.

Section 5-35. Administration. This Act shall be incorporated in and administered by the Department as part of the Second Chance State Program established under the Department of Returning Resident Affairs Act.

Section 5-40. Provisions of Act mandatory. The provisions of this Act are mandatory and shall not be considered to be directory or discretionary.

Article 10

Section 10-1. Short title. This Article may be cited as the Second Chance State College Admissions Act. As used in this Article, "this Act" means this Article.

Section 10-5. Definitions. As used in this Act:

"Admission decision-making process" means the submission of a college application and all aspects of the college application process through admission.

"Applicant" means an individual who is seeking admission to an institution of higher education.

"Criminal history information" means any record regarding an applicant's criminal history, including, but not limited to, records of: (1) arrests and detentions, (2) criminal charges or indictments and the nature of any disposition arising therefrom that does not result in a conviction, and (3) convictions other than convictions pursuant to: (A) Articles 9 and 10, Subdivisions 5, 10, and 20 of Article 11, Sections 11-25 and 11-26, Article 20, 29D, or 30 of the Criminal Code of 2012 or similar laws enacted by other governmental authorities; or (B) Article 12, 24, or 33A of the Criminal Code of 2012 or similar laws enacted by other governmental authorities unless 5 years have passed since the completion of any sentence imposed pursuant to such conviction and the defendant convicted of the offense has not since been convicted of a felony.

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

"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.

"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.

"Student" means any person taking or seeking to take any class at a public institution of higher education, regardless of whether the individual has been admitted as a student at that public institution of higher education.

Section 10-10. Discrimination prohibited. Except as provided herein and otherwise authorized by law, no institution of higher education shall consider an applicant's or student's criminal history information when making any decision about the applicant or student. This Section does not apply to decisions regarding housing.

Section 10-15. Inquiry about and consideration of criminal history information during the admission process.

(a) An institution of higher education shall not inquire about or consider an applicant's criminal history information at any time during the admission decision-making process.

(b) Notwithstanding the provisions of subsection (a), an institution of higher education may make inquiry about or consider an applicant's criminal history information if such inquiry or consideration is required by federal law or pursuant to Section 2605-327 of the Illinois State Police Law of the Civil Administrative Code of Illinois or Section 10, 15, or 20 of the Medical School Matriculant Criminal History Records Check Act, if applicable. Any inquiry or consideration shall be limited to that which is necessary to comply with the applicable State or federal law. Inquiry about or consideration of criminal history information outside the scope of that required by applicable State or federal law is prohibited.

Section 10-20. Probationary status based on criminal history information prohibited. An institution of higher education shall not place an applicant or student on any probationary or similar status based upon criminal history information.

Section 10-25. Information about educational, licensing, or employment barriers for people with criminal records. An institution for higher education shall include information on its website that informs prospective applicants that a criminal record may affect an individual's ability to obtain certain professional or occupational licenses or types of employment or to participate in certain clinical or other educational requirements.

Section 10-30. Enforcement. Institutions of higher education shall strictly comply with the provisions of this Act. The Board of Higher Education is authorized, directed, and required to take all actions necessary to obtain such compliance and otherwise enforce the provisions of this Act. Within 120 days after the effective date of this Act, the Board of Higher Education shall publish notice of proposed rules necessary for it to implement the provisions of this Act in the Illinois Register in accordance with Section 5-40 of the Illinois Administrative Procedure 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 violation of the Act and pay any damages suffered by one or more persons aggrieved by the Act. Venue for any such action shall be in the county where the person aggrieved by a violation of this Act is domiciled. If the person aggrieved by a violation of this Act is not domiciled in Illinois, venue for any such action shall be in the county where the principal office of the institution of higher education that is the subject to such action is located.

(2) Any person who has been aggrieved by a violation of this Act shall have a private right of action to enforce the provisions of this Act by personally bringing an action pursuant to paragraph (1) above. Any institution of higher education that is found liable for violation of this Act pursuant to this paragraph shall, in addition to other damages, be liable to pay all reasonable attorney's fees, costs, and expenses incurred by the plaintiff in that action and that pertain to that plaintiff's attempts to enforce its rights against that institution of higher education pursuant to this Act.

Section 10-35. Provisions of Act mandatory. The provisions of this Act are mandatory and shall not be considered to be directory or discretionary.

Article 99

Section 99-97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99-99. Effective date. This Article and Articles 1 and 10 take effect upon becoming law. Article 5 takes effect upon becoming law, but Article 5 does not take effect at all unless "An Act creating the Department of Returning Resident Affairs" of the 102nd General Assembly becomes law.