HB3702sam002 103RD GENERAL ASSEMBLY

Sen. Willie Preston

Filed: 5/5/2023

10300HB3702sam002 LRB103 30119 SPS 61497 a

AMENDMENT TO HOUSE BILL 3702

AMENDMENT NO. ______. Amend House Bill 3702 by replacing everything after the enacting clause with the following:

"Section 5. The Energy Transition Act is amended by changing Section 5-50 as follows:

(20 ILCS 730/5-50)

(Section scheduled to be repealed on September 15, 2045)

Sec. 5-50. Returning Residents Clean Jobs Training Program.

(a) Subject to appropriation, the Department shall develop and, in coordination with the Department of Corrections, administer the Returning Residents Clean Jobs Training Program.

(b) As used in this Section:

"Commitment" means a judicially determined placement in the custody of the Department of Corrections on the basis of a conviction.

"Committed person" means a person committed to the Department of Corrections.

"Community-based organization" means an organization that:

(1) provides employment, skill development, or related services to members of the community;

(2) includes community colleges, nonprofits, and local governments; and

(3) has a history of serving committed persons or justice-involved persons.

"Correctional institution or facility" means a Department of Corrections building or part of a Department of Corrections building where committed persons are detained in a secure manner.

"Department" means the Department of Commerce and Economic Opportunity.

"Discharge" means the end of a sentence or the final termination of a detainee's physical commitment to and confinement in the Department of Corrections.

"Location" means where the returning resident is physically located, such as:

(1) a correctional institution or facility;

(2) a county;

(3) a municipality or town; and

(4) a place of employment.

"Program" means the Returning Residents Clean Jobs Training Program.

"Program Administrator" means, for each Program Delivery Area, the administrator selected by the Department pursuant to paragraph (1) of subsection (g) of this Section.

"Returning resident" means any United States resident who is: (i) 17 years of age or older; (ii) in the physical custody of the Department of Corrections; and (iii) scheduled to be re-entering society within 36 months.

(c) Returning Residents Clean Jobs Training Program.

(1) Connected services. The Program shall prepare graduates to work in the clean energy and related sector jobs as defined in Section 5-25.

(2) Recruitment of participants. The Program Administrators shall, in coordination with the Department of Commerce and Economic Opportunity, educate committed persons in both men's and women's correctional institutions and facilities on the benefits of the Program and how to enroll in the Program.

(3) Connection to employers. The Program Administrators shall, with assistance from the Regional Administrators, connect Program graduates with potential employers in the clean energy jobs industries.

(4) Graduation. Participants who successfully complete all assignments in the Program shall receive a Program graduation certificate and any certifications or credentials earned in the process.

(5) Eligibility. A committed person in a correctional institution or facility is eligible if the committed person:

(i) is within 36 months of expected release;

(ii) consented in writing to participation in the Program;

(iii) meets all Program and testing requirements;

(iv) is willing to follow all Program requirements; and

(v) does not pose a safety and security risk for the facility or any person.

The Department of Corrections shall have sole discretion to determine whether a committed person's participation in the Program poses a safety and security risk for the facility or any person. The Department of Corrections shall determine whether a committed person is eligible to participate in the Program.

(d) Program entry and testing requirements. To enter the Returning Residents Clean Jobs Training Program, committed persons must complete a simple application, undergo an interview and coaching session, and must score a minimum of a 6.0 or above on the Test for Adult Basic Education or the Illinois Community College Board approved assessment for determining basic skills deficiency. The Returning Residents Clean Jobs Training Program shall include a one-week pre-program orientation that ensures the candidates understand and are interested in continuing the Program. Candidates that successfully complete the orientation may continue to the full Program.

(d-5) Training. Once approved for the new program, candidates must receive essential employability skills training as part of vocational or occupational training. Training must lead to certifications or credentials that prepare candidates for employment.

(e) Removal from the Program. The Department of Corrections may remove a committed person enrolled in the Program for violation of institutional rules; failure to participate or meet expectations of the Program; failure of a drug test; disruptive behavior; or for reasons of safety, security, and order of the facility.

(f) Drug testing. A clean drug test is required to complete the Returning Residents Clean Jobs Training Program. A drug test shall be administered at least once prior to graduation. The Department of Corrections shall be responsible for the drug testing of applicants.

(g) Curriculum.

(1) The Department of Commerce and Economic Opportunity shall design a curriculum for the Program that is as similar as practical to the Clean Jobs Curriculum and meets in-facility requirements. The curriculum shall focus on preparing graduates for employment in the clean energy and related sector jobs as defined in Section 5-25. The Program shall include structured hands-on activities in correctional institutions or facilities, including classroom spaces and outdoor spaces, to instruct participants in the core curriculum established in this Act. The Department and the Department of Corrections shall work together to ensure all curriculum elements may be available within Department of Corrections facilities.

(2) The Program Administrators shall collaborate to create and publish a guidebook that allows for the implementation of the curriculum and provides information on all necessary and useful resources for Program participants and graduates.

(h) Program administration.

(1) The Department of Commerce and Economic Opportunity shall select a Program Administrator for each Program Delivery Area to administer and coordinate the Program. The Program Administrators shall have strong capabilities, experience, and knowledge related to program development and economic management; cultural and language competency needed to be effective in the communities to be served; committed persons or justice-involved persons; knowledge and experience in working with providers of clean energy jobs; and awareness of clean energy and related sector trends and activities, workforce development best practices, regional workforce development needs, and community development.

The Program Administrator must pass a background check administered by the Department of Corrections and be approved by the Department of Corrections to work within a secure facility prior to being hired by the Department of Commerce and Economic Opportunity for a Program delivery area.

(2) The Program Administrators shall:

(i) coordinate with Regional Administrators and the Clean Jobs Workforce Network Program to ensure that execution, performance, partnerships, marketing, and Program access across the State consistent with respecting regional differences;

(ii) work with community-based organizations approved to provide industry-recognized credentials or education institutions to deliver the Program;

(iii) collaborate to create and publish an employer "Hiring Returning Residents" handbook that includes benefits and expectations of hiring returning residents, guidance on how to recruit, hire, and retain returning residents, guidance on how to access State and federal tax credits and incentives and State and federal resources, guidance on how to update company policies to support hiring and supporting returning residents, and an understanding of the harm in one-size-fits-all policies toward returning residents. The handbook shall be updated every 5 years or more frequently if needed to ensure that its contents are accurate. The handbook shall be made available on the Department's website;

(iv) work with potential employers to promote company policies to support hiring and supporting returning residents via employee/employer liability, coverage, insurance, bonding, training, hiring practices, and retention support;

(v) provide services such as job coaching and financial coaching to Program graduates to support employment longevity; and

(vi) identify clean energy job opportunities and assist participants in achieving employment. The Program shall include at least one job fair; include job placement discussions with clean energy employers; establish a partnership with Illinois solar energy businesses and trade associations to identify solar employers that support and hire returning residents; and involve the Department of Commerce and Economic Opportunity, Regional Administrators, and the Advisory Council in finding employment for participants and graduates in the clean energy and related sector industries.

(3) The Department shall select community-based organizations to provide Program elements at each facility. Community-based organizations shall be competitively selected by the Department of Commerce and Economic Opportunity. Community-based organizations delivering the Program elements outlined may provide all elements required or may subcontract to other entities for the provision of portions of Program elements. All contractors who have regular interactions with committed persons, regularly access a Department of Corrections facility, or regularly access a committed person's personal identifying information or other data elements must pass a Department of Corrections background check prior to being approved to administer the Program elements at a facility.

(4) The Department of Corrections shall aim to include training in conjunction with other pre-release procedures and movements. Delays in a workshop being provided shall not cause delays in discharge.

(5) The Program Administrators may establish shortened Returning Resident Clean Jobs Training Programs to prepare and place graduates in the Clean Jobs Workforce Network Program or the Illinois Climate Works Preapprenticeship Program following the graduate's release from commitment. Graduates of these programs shall receive training that leads to certification or credentials designed to lead to employment and shall be prioritized for placement in a Clean Jobs Workforce Hubs training program or the Illinois Climate Works Preapprenticeship Program.

(6) The Director of Corrections shall:

(i) Ensure that the wardens or superintendents of all correctional institutions and facilities visibly post information on the Program in an accessible manner for committed individuals.

(ii) Identify the institutions and facilities within the Department of Corrections that will offer the Program. The determination of which facility will offer the Program shall be based on available programming space, staffing, population, facility mission, security concerns, and any other relevant factor in determining suitable locations for the Program.

(i) Performance metrics.

(1) The Program Administrators shall collect and disaggregate data by race, ethnicity, gender, age, and location to evaluate and ensure Program and participant success. This data shall be shared with the Office of Equity and shall include , including:

(i) the number of returning residents who enrolled in the Program;

(ii) the number of returning residents who were accepted for enrollment into completed the Program;

(iii) the total number of returning residents who applied for and were denied for enrollment into the Program individuals discharged;

(iv) the demographics of each entering and graduating class;

(v) the percentage of graduates employed at 6 and 12 months after release;

(vi) the number of returning residents who did not complete the Program the recidivism rate of Program participants at 3 and 5 years after release;

(vii) the total number of individuals discharged the candidates interviewed and hiring status;

(viii) the graduate employment status, such as hire date, pay rates, whether full-time, part-time, or seasonal, and separation date; and

(ix) continuing education and certifications gained by Program graduates; .

(x) the recidivism rate of Program participants at 1, 3, 5, 7, and 10 years after release;

(xi) the candidates interviewed and their hiring status;

(xii) the number of returning residents who enrolled in the Program and were removed;

(xiii) the number of returning residents who graduated from the Program and remained employed in the clean energy industry within one year and 3 years after release. If practicable, the Department shall consult with the Department of Employment Security to also provide this data for 5, 7, and 10 years after release;

(xiv) the number of returning residents who graduated from the Program and changed employment in the clean energy industry within one year and 3 years after release. If practicable, the Department shall consult with the Department of Employment Security to also provide this data for 5, 7, and 10 years after release;

(xv) the number of returning residents who graduated from the Program and separated from employment in the clean energy industry and received employment in another industry within one year and 3 years after release. If practicable, the Department shall consult with the Department of Employment Security to provide this data for 5, 7, and 10 years after release; and

(xvi) the number of returning residents who completed the Program.

(2) The Department of Commerce and Economic Opportunity shall publish an annual report containing these performance metrics. Data may be disaggregated by institution, discharge, or residence address of resident, and other factors.

(j) Funding. Funding for the Program is subject to appropriation from the Energy Transition Assistance Fund. Funding may be made available from other lawful sources, including donations, grants, and federal incentives.

(k) Access. The Program instructors and staff must pass a background check administered by the Department of Corrections prior to entering a Department of Corrections institution or facility. The Warden or Superintendent shall have the authority to deny a Program instructor or staff member entry into an institution or facility for safety and security concerns or failure to follow all facility procedures or protocols. A Program instructor or staff member administering the Program may be terminated or have his or her contract canceled if the Program instructor or staff member is denied entry into an institution or facility for safety and security concerns.

(Source: P.A. 102-662, eff. 9-15-21.)".