Full Text of SB1338 97th General Assembly
SB1338ham004 97TH GENERAL ASSEMBLY | Rep. Constance A. Howard Filed: 5/24/2012
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| 1 | | AMENDMENT TO SENATE BILL 1338
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1338, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Task Force on Inventorying Employment | 6 | | Restrictions Act is amended by changing Section 15 as follows: | 7 | | (20 ILCS 5000/15) | 8 | | Sec. 15. Task Force. | 9 | | (a) The Task Force on Inventorying Employment Restrictions | 10 | | is hereby created in the Illinois Criminal Justice Information | 11 | | Authority. The purpose of the Task Force is to review the | 12 | | statutes, administrative rules, policies and practices that | 13 | | restrict employment of persons with a criminal history, as set | 14 | | out in subsection (c) of this Section, and to report to the | 15 | | Governor and the General Assembly those employment | 16 | | restrictions and their impact on employment opportunities for |
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| 1 | | people with criminal records.
The report shall also identify | 2 | | any employment restrictions that are not reasonably related to | 3 | | public safety. | 4 | | (b) Within 60 days after the effective date of this | 5 | | amendatory Act of the 97th General Assembly, the President of | 6 | | the Senate, the Speaker of the House of Representatives, the | 7 | | Minority Leader of the Senate, and the Minority Leader of the | 8 | | House of Representatives shall each appoint 2 members of the | 9 | | General Assembly to the Task Force. The term of office of any | 10 | | member of the public appointed by the President of the Senate, | 11 | | the Speaker of the House of Representatives, the Minority | 12 | | Leader of the Senate, or the Minority Leader of the House of | 13 | | Representatives serving on the effective date of this | 14 | | amendatory Act of the 97th General Assembly shall end on that | 15 | | date. The Governor shall appoint the Task Force chairperson. In | 16 | | addition, the Director or Secretary of each of the following, | 17 | | or his or her designee, are members: the Department of Human | 18 | | Services, the Department of Corrections, the Department of | 19 | | Commerce and Economic Opportunity, the Department of Children | 20 | | and Family Services, the Department of Human Rights, the | 21 | | Department of Central Management Services, the Department of | 22 | | Employment Security, the Department of Public Health, the | 23 | | Department of State Police, the Illinois State Board of | 24 | | Education, the Illinois Board of Higher Education, the Illinois | 25 | | Community College Board, and the Illinois Criminal Justice | 26 | | Information Authority. Members shall not receive compensation. |
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| 1 | | The Illinois Criminal Justice Information Authority shall | 2 | | provide staff and other assistance to the Task Force.
| 3 | | (c) On or before November 1, 2011, all State agencies shall | 4 | | produce a report for the Task Force that describes the | 5 | | employment restrictions that are based on criminal records for | 6 | | each occupation under the agency's jurisdiction and that of its | 7 | | boards, if any, including, but not limited to, employment | 8 | | within the agency; employment in facilities licensed, | 9 | | regulated, supervised, or funded by the agency; employment | 10 | | pursuant to contracts with the agency; and employment in | 11 | | occupations that the agency licenses or provides | 12 | | certifications to practice. For each occupation subject to a | 13 | | criminal records-based restriction, the agency shall set forth | 14 | | the following:
| 15 | | (1) the job title, occupation, job classification, or | 16 | | restricted place of employment, including the range of | 17 | | occupations affected in such places;
| 18 | | (2) the statute, regulation, policy, and procedure | 19 | | that authorizes the restriction of applicants for | 20 | | employment and licensure, current employees, and current | 21 | | licenses;
| 22 | | (3) the substance and terms of the restriction, and
| 23 | | (A) if the statute, regulation, policy or practice | 24 | | enumerates disqualifying offenses, a list of each | 25 | | disqualifying offense, the time limits for each | 26 | | offense, and the point in time when the time limit |
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| 1 | | begins;
| 2 | | (B) if the statute, regulation, policy or practice | 3 | | does not enumerate disqualifying offenses and instead | 4 | | provides for agency discretion in determining | 5 | | disqualifying offenses, the criteria the agency has | 6 | | adopted to apply the disqualification to individual | 7 | | cases. Restrictions based on agency discretion | 8 | | include, but are not limited to, restrictions based on | 9 | | an offense "related to" the practice of a given | 10 | | profession; an offense or act of "moral turpitude"; and | 11 | | an offense evincing a lack of "good moral character".
| 12 | | (4) the procedures used by the agency to identify an | 13 | | individual's criminal history, including but not limited | 14 | | to disclosures on applications and background checks | 15 | | conducted by law enforcement or private entities;
| 16 | | (5) the procedures used by the agency to determine and | 17 | | review whether an individual's criminal history | 18 | | disqualifies that individual;
| 19 | | (6) the year the restriction was adopted, and its | 20 | | rationale;
| 21 | | (7) any exemption, waiver, or review mechanisms | 22 | | available to seek relief from the disqualification based on | 23 | | a showing of rehabilitation or otherwise, including the | 24 | | terms of the mechanism, the nature of the relief it | 25 | | affords, and whether an administrative and judicial appeal | 26 | | is authorized;
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| 1 | | (8) any statute, rule, policy and practice that | 2 | | requires an individual convicted of a felony to have his | 3 | | civil rights restored to become qualified for the job; and
| 4 | | 9 copies of the following documents:
| 5 | | (A) forms, applications, and instructions provided | 6 | | to applicants and those denied or terminated from jobs | 7 | | or licenses based on their criminal record;
| 8 | | (B) forms, rules, and procedures that the agency | 9 | | employs to provide notice of disqualification, to | 10 | | review applications subject to disqualification, and | 11 | | to provide for exemptions and appeals of | 12 | | disqualification;
| 13 | | (C) memos, guidance, instructions to staff, | 14 | | scoring criteria and other materials used by the agency | 15 | | to evaluate the criminal histories of applicants, | 16 | | licensees, and employees; and
| 17 | | (D) forms and notices used to explain waiver, | 18 | | exemption and appeals procedures for denial, | 19 | | suspensions and terminations of employment or | 20 | | licensure based on criminal history.
| 21 | | (d) Each State agency shall participate in a review to | 22 | | determine the impact of the employment restrictions based on | 23 | | criminal records and the effectiveness of existing | 24 | | case-by-case review mechanisms. The information required under | 25 | | this subsection (d) shall be limited to the data and | 26 | | information in the possession of the State agency on the |
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| 1 | | effective date of this amendatory Act of the 97th General | 2 | | Assembly. With respect to compliance with the requirements of | 3 | | this subsection (d), a State agency is under no obligation to | 4 | | collect additional data or information. For each occupation | 5 | | under the agency's jurisdiction for which there are employment | 6 | | restrictions based on criminal records, each State agency must | 7 | | provide the Task Force with a report, on or before February 1, | 8 | | 2012, for the previous 2-year period, setting forth:
| 9 | | (1) the total number of people currently employed in | 10 | | the occupation whose employment or licensure required | 11 | | criminal history disclosure, background checks or | 12 | | restrictions;
| 13 | | (2) the number and percentage of individuals who | 14 | | underwent a criminal history background check;
| 15 | | (3) the number and percentage of individuals who were | 16 | | merely required to disclose their criminal history without | 17 | | a criminal history background check;
| 18 | | (4) the number and percentage of individuals who were | 19 | | found disqualified based on criminal history disclosure by | 20 | | the applicant;
| 21 | | (5) the number and percentage of individuals who were | 22 | | found disqualified based on a criminal history background | 23 | | check;
| 24 | | (6) the number and percentage of individuals who sought | 25 | | an exemption or waiver from the disqualification;
| 26 | | (7) the number and percentage of individuals who sought |
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| 1 | | an exemption or waiver who were subsequently granted the | 2 | | exemption or waiver at the first level of agency review (if | 3 | | multiple levels of review are available);
| 4 | | (8) the number and percentage of individuals who sought | 5 | | an exemption or waiver who were subsequently granted the | 6 | | exemption or waiver at the next level of agency review (if | 7 | | multiple levels of review are available);
| 8 | | (9) the number and percentage of individuals who were | 9 | | denied an exemption or waiver at the final level of agency | 10 | | review, and then sought review through an administrative | 11 | | appeal;
| 12 | | (10) the number and percentage of individuals who were | 13 | | denied an exemption or waiver at the final level of agency | 14 | | review, and then sought review through an administrative | 15 | | appeal and were then found qualified after such a review;
| 16 | | (11) the number and percentage of individuals who were | 17 | | found disqualified where no waiver or exemption process is | 18 | | available;
| 19 | | (12) the number and percentage of individuals who were | 20 | | found disqualified where no waiver or exemption process is | 21 | | available and who sought administrative review and then | 22 | | were found qualified; and
| 23 | | (13) if the agency maintains records of active licenses | 24 | | or certifications, the executive agency shall provide the | 25 | | total number of employees in occupations subject to | 26 | | criminal history restrictions.
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| 1 | | (e) (Blank).
| 2 | | (f) The Task Force shall report to the Governor and the | 3 | | General Assembly its findings, including recommendations as to | 4 | | any employment restrictions that are not reasonably related to | 5 | | public safety, by July 1, 2013 September 1, 2012 . | 6 | | (Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10; | 7 | | 97-501, eff. 8-23-11.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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