Full Text of SB1677 96th General Assembly
SB1677eng 96TH GENERAL ASSEMBLY
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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 | 5 |
| Duties Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 2310-186 as follows: | 7 |
| (20 ILCS 2310/2310-186 new) | 8 |
| Sec. 2310-186. Criminal history record checks; task force. | 9 |
| The Department of Public Health in collaboration with the | 10 |
| Department of State Police shall create a task force to examine | 11 |
| the process used by State and local governmental agencies to | 12 |
| conduct criminal history record checks as a condition of | 13 |
| employment or approval to render provider services to such an | 14 |
| agency. | 15 |
| The task force shall be comprised of representatives from | 16 |
| State and local agencies that require an applicant to undergo a | 17 |
| fingerprint-based criminal history record check pursuant to | 18 |
| State or federal law or agencies that are contemplating such a | 19 |
| requirement. The task force shall include but need not be | 20 |
| limited to representatives from the Department of State Police, | 21 |
| the Illinois Criminal Justice Information Authority, the | 22 |
| Department of Children and Family Services, the Department of | 23 |
| Central Management Services, the Department of Healthcare and |
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| Family Services, the Department of Financial and Professional | 2 |
| Regulation, the Department of Public Health, the Department of | 3 |
| Human Services, the Office of the Secretary of State, the | 4 |
| Illinois State Board of Education (whose representative or | 5 |
| representatives shall consult with the Regional Offices of | 6 |
| Education and representatives of 2 statewide teachers unions, a | 7 |
| statewide organization representing school principals, a | 8 |
| statewide school administrators organization, and school bus | 9 |
| companies), a large regional park district, and at least 2 | 10 |
| statewide non-governmental, non-profit multi-issue advocacy | 11 |
| organizations to represent the interests of prospective | 12 |
| employers. The task force shall be chaired by 2 | 13 |
| co-chairpersons, one appointed by the Director of Public Health | 14 |
| and the other appointed by the Director of State Police. The | 15 |
| task force members shall be appointed within 30 days after the | 16 |
| effective date of this amendatory Act of the 96th General | 17 |
| Assembly. The Department of Public Health and the Department of | 18 |
| State Police shall jointly provide administrative and staff | 19 |
| support to the task force as needed. | 20 |
| The task force shall review and make recommendations to | 21 |
| create a more centralized and coordinated process for | 22 |
| conducting criminal history record checks in order to reduce | 23 |
| duplication of effort and make better use of resources and more | 24 |
| efficient use of taxpayer dollars. | 25 |
| The task force shall provide a plan to revise the criminal | 26 |
| history record check process to the General Assembly by |
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| February 1, 2010. The plan shall address the following issues: | 2 |
| (1) Identification of any areas of concern that have | 3 |
| been identified by stakeholders and task force members | 4 |
| regarding State or federally mandated criminal history | 5 |
| record checks. | 6 |
| (2) Evaluation of the feasibility of using an | 7 |
| applicant's initial criminal history record information | 8 |
| results for subsequent employment or licensing screening | 9 |
| purposes while protecting the confidentiality of the | 10 |
| applicant. | 11 |
| (3) Evaluation of the feasibility of centralizing the | 12 |
| screening of criminal history record information inquiry | 13 |
| responses. | 14 |
| (4) Identification and evaluation of existing | 15 |
| technologies that could be utilized to eliminate the need | 16 |
| for a subsequent fingerprint inquiry each time an applicant | 17 |
| changes employment or seeks a license requiring a criminal | 18 |
| history record inquiry. | 19 |
| (5) Identification of any areas where State or | 20 |
| federally mandated criminal history record checks can be | 21 |
| implemented in a more efficient and cost-effective manner. | 22 |
| (6) Evaluation of what other states and the federal | 23 |
| government are doing to address similar concerns. | 24 |
| (7) Identification of programs serving vulnerable | 25 |
| populations that do not currently require criminal history | 26 |
| record information to determine whether those programs |
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| should be included in a centralized screening of criminal | 2 |
| history record information. | 3 |
| (8) Identification of any issues that agencies face in | 4 |
| interpreting criminal history records, such as | 5 |
| differentiating among types of dispositions, and | 6 |
| evaluation of how those records can be presented in a | 7 |
| format better tailored to non-law enforcement purposes. | 8 |
| (9) Ensuring that any centralized criminal history | 9 |
| records system discloses sealed criminal history records | 10 |
| only to those agencies authorized to receive those records | 11 |
| under Illinois law. | 12 |
| (10) Evaluation of the feasibility of instating a | 13 |
| process whereby agencies provide copies of the criminal | 14 |
| background check to applicants for the purpose of providing | 15 |
| applicants with the opportunity to assess the accuracy of | 16 |
| the records. | 17 |
| (11) Evaluation of the feasibility of adopting a | 18 |
| uniform procedure for obtaining disposition information | 19 |
| where an arrest or criminal charge is reported without | 20 |
| subsequent disposition. | 21 |
| (12) Preparation of a report for the General Assembly | 22 |
| proposing solutions that can be adopted to eliminate the | 23 |
| duplication of applicant fingerprint submissions and the | 24 |
| duplication of criminal records check response screening | 25 |
| efforts and to minimize the costs of conducting State and | 26 |
| FBI fingerprint-based inquiries in Illinois.
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| Section 5. The Illinois Public Aid Code is amended by | 2 |
| 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. | 5 |
| (a) Any child care provider receiving funds from the child | 6 |
| care assistance program
under this Code who is not required to | 7 |
| be licensed under the Child Care Act of
1969 shall, as a | 8 |
| condition of eligibility to participate in the child care
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| assistance program under this Code, authorize in writing on a | 10 |
| form prescribed
by the Department of Children and Family | 11 |
| Services, periodic investigations of the
Central Register, as | 12 |
| defined in the Abused and Neglected Child Reporting Act,
to | 13 |
| ascertain if the child care provider has been determined to be | 14 |
| a perpetrator
in an indicated report of child abuse or neglect. | 15 |
| The Department of Children and Family Services shall conduct an | 16 |
| investigation
of the Central Register at the request of the | 17 |
| Department. The Department shall
request the Department of | 18 |
| Children and Family Services to conduct periodic
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| investigations of the Central Register. | 20 |
| (b) Any child care provider, other than a relative of the | 21 |
| child, receiving funds from the child care assistance program | 22 |
| under this Code who is not required to be licensed under the | 23 |
| Child Care Act of 1969 shall, as a condition of eligibility to | 24 |
| participate in the child care assistance program under this |
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| Code, authorize in writing a fingerprint-based criminal | 2 |
| history record check to determine if the child care provider | 3 |
| has ever been convicted of a crime with respect to which the | 4 |
| conviction has not been overturned and the criminal records | 5 |
| have not been sealed or expunged. Upon this authorization, the | 6 |
| Department shall request and receive information and | 7 |
| assistance from any federal or State governmental agency as | 8 |
| part of the authorized criminal history record check. The | 9 |
| Department of State Police shall provide information | 10 |
| concerning any conviction that has not been overturned and with | 11 |
| respect to which the criminal records have not been sealed or | 12 |
| expunged, whether the conviction occurred before or on or after | 13 |
| the effective date of this amendatory Act of the 96th General | 14 |
| Assembly, of a child care provider upon the request of the | 15 |
| Department when the request is made in the form and manner | 16 |
| required by the Department of State Police.
Any information | 17 |
| concerning convictions that have not been overturned and with | 18 |
| respect to which the criminal records have not been sealed or | 19 |
| expunged obtained by the Department is confidential and may not | 20 |
| be transmitted (i) outside the Department except as required in | 21 |
| this Section or (ii) to anyone within the Department except as | 22 |
| needed for the purposes of determining participation in the | 23 |
| child care assistance program. A copy of the criminal history | 24 |
| record check obtained from the Department of State Police shall | 25 |
| be provided to the unlicensed child care provider. | 26 |
| (c) The Department shall
by rule determine when payment to |
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| an unlicensed child care provider may be
withheld if there is | 2 |
| an indicated finding against the provider based on the results | 3 |
| of the Central Register search, or a disqualifying criminal | 4 |
| conviction that has not been overturned and with respect to | 5 |
| which the criminal records have not been sealed or expunged | 6 |
| based on the results of the fingerprint-based criminal history | 7 |
| record check obtained by the Department in the Central
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| Register . Only information and standards which bear a | 9 |
| reasonable and rational relation to the performance of a child | 10 |
| care provider shall be used by the Department.
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| (Source: P.A. 92-825, eff. 8-21-02.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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