Illinois General Assembly - Full Text of HB3702
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Full Text of HB3702  103rd General Assembly


Sen. Willie Preston

Filed: 5/5/2023





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2    AMENDMENT NO. ______. Amend House Bill 3702 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Energy Transition Act is amended by
5changing Section 5-50 as follows:
6    (20 ILCS 730/5-50)
7    (Section scheduled to be repealed on September 15, 2045)
8    Sec. 5-50. Returning Residents Clean Jobs Training
10    (a) Subject to appropriation, the Department shall develop
11and, in coordination with the Department of Corrections,
12administer the Returning Residents Clean Jobs Training
14    (b) As used in this Section:
15    "Commitment" means a judicially determined placement in
16the custody of the Department of Corrections on the basis of a



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2    "Committed person" means a person committed to the
3Department of Corrections.
4    "Community-based organization" means an organization that:
5        (1) provides employment, skill development, or related
6    services to members of the community;
7        (2) includes community colleges, nonprofits, and local
8    governments; and
9        (3) has a history of serving committed persons or
10    justice-involved persons.
11    "Correctional institution or facility" means a Department
12of Corrections building or part of a Department of Corrections
13building where committed persons are detained in a secure
15    "Department" means the Department of Commerce and Economic
17    "Discharge" means the end of a sentence or the final
18termination of a detainee's physical commitment to and
19confinement in the Department of Corrections.
20    "Location" means where the returning resident is
21physically located, such as:
22        (1) a correctional institution or facility;
23        (2) a county;
24        (3) a municipality or town; and
25        (4) a place of employment.
26    "Program" means the Returning Residents Clean Jobs



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1Training Program.
2    "Program Administrator" means, for each Program Delivery
3Area, the administrator selected by the Department pursuant to
4paragraph (1) of subsection (g) of this Section.
5    "Returning resident" means any United States resident who
6is: (i) 17 years of age or older; (ii) in the physical custody
7of the Department of Corrections; and (iii) scheduled to be
8re-entering society within 36 months.
9    (c) Returning Residents Clean Jobs Training Program.
10        (1) Connected services. The Program shall prepare
11    graduates to work in the clean energy and related sector
12    jobs as defined in Section 5-25.
13        (2) Recruitment of participants. The Program
14    Administrators shall, in coordination with the Department
15    of Commerce and Economic Opportunity, educate committed
16    persons in both men's and women's correctional
17    institutions and facilities on the benefits of the Program
18    and how to enroll in the Program.
19        (3) Connection to employers. The Program
20    Administrators shall, with assistance from the Regional
21    Administrators, connect Program graduates with potential
22    employers in the clean energy jobs industries.
23        (4) Graduation. Participants who successfully complete
24    all assignments in the Program shall receive a Program
25    graduation certificate and any certifications or
26    credentials earned in the process.



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1        (5) Eligibility. A committed person in a correctional
2    institution or facility is eligible if the committed
3    person:
4            (i) is within 36 months of expected release;
5            (ii) consented in writing to participation in the
6        Program;
7            (iii) meets all Program and testing requirements;
8            (iv) is willing to follow all Program
9        requirements; and
10            (v) does not pose a safety and security risk for
11        the facility or any person.
12    The Department of Corrections shall have sole discretion
13to determine whether a committed person's participation in the
14Program poses a safety and security risk for the facility or
15any person. The Department of Corrections shall determine
16whether a committed person is eligible to participate in the
18    (d) Program entry and testing requirements. To enter the
19Returning Residents Clean Jobs Training Program, committed
20persons must complete a simple application, undergo an
21interview and coaching session, and must score a minimum of a
226.0 or above on the Test for Adult Basic Education or the
23Illinois Community College Board approved assessment for
24determining basic skills deficiency. The Returning Residents
25Clean Jobs Training Program shall include a one-week
26pre-program orientation that ensures the candidates understand



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1and are interested in continuing the Program. Candidates that
2successfully complete the orientation may continue to the full
4    (d-5) Training. Once approved for the new program,
5candidates must receive essential employability skills
6training as part of vocational or occupational training.
7Training must lead to certifications or credentials that
8prepare candidates for employment.
9    (e) Removal from the Program. The Department of
10Corrections may remove a committed person enrolled in the
11Program for violation of institutional rules; failure to
12participate or meet expectations of the Program; failure of a
13drug test; disruptive behavior; or for reasons of safety,
14security, and order of the facility.
15    (f) Drug testing. A clean drug test is required to
16complete the Returning Residents Clean Jobs Training Program.
17A drug test shall be administered at least once prior to
18graduation. The Department of Corrections shall be responsible
19for the drug testing of applicants.
20    (g) Curriculum.
21        (1) The Department of Commerce and Economic
22    Opportunity shall design a curriculum for the Program that
23    is as similar as practical to the Clean Jobs Curriculum
24    and meets in-facility requirements. The curriculum shall
25    focus on preparing graduates for employment in the clean
26    energy and related sector jobs as defined in Section 5-25.



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1    The Program shall include structured hands-on activities
2    in correctional institutions or facilities, including
3    classroom spaces and outdoor spaces, to instruct
4    participants in the core curriculum established in this
5    Act. The Department and the Department of Corrections
6    shall work together to ensure all curriculum elements may
7    be available within Department of Corrections facilities.
8        (2) The Program Administrators shall collaborate to
9    create and publish a guidebook that allows for the
10    implementation of the curriculum and provides information
11    on all necessary and useful resources for Program
12    participants and graduates.
13    (h) Program administration.
14        (1) The Department of Commerce and Economic
15    Opportunity shall select a Program Administrator for each
16    Program Delivery Area to administer and coordinate the
17    Program. The Program Administrators shall have strong
18    capabilities, experience, and knowledge related to program
19    development and economic management; cultural and language
20    competency needed to be effective in the communities to be
21    served; committed persons or justice-involved persons;
22    knowledge and experience in working with providers of
23    clean energy jobs; and awareness of clean energy and
24    related sector trends and activities, workforce
25    development best practices, regional workforce development
26    needs, and community development.



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1        The Program Administrator must pass a background check
2    administered by the Department of Corrections and be
3    approved by the Department of Corrections to work within a
4    secure facility prior to being hired by the Department of
5    Commerce and Economic Opportunity for a Program delivery
6    area.
7        (2) The Program Administrators shall:
8            (i) coordinate with Regional Administrators and
9        the Clean Jobs Workforce Network Program to ensure
10        that execution, performance, partnerships, marketing,
11        and Program access across the State consistent with
12        respecting regional differences;
13            (ii) work with community-based organizations
14        approved to provide industry-recognized credentials or
15        education institutions to deliver the Program;
16            (iii) collaborate to create and publish an
17        employer "Hiring Returning Residents" handbook that
18        includes benefits and expectations of hiring returning
19        residents, guidance on how to recruit, hire, and
20        retain returning residents, guidance on how to access
21        State and federal tax credits and incentives and State
22        and federal resources, guidance on how to update
23        company policies to support hiring and supporting
24        returning residents, and an understanding of the harm
25        in one-size-fits-all policies toward returning
26        residents. The handbook shall be updated every 5 years



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1        or more frequently if needed to ensure that its
2        contents are accurate. The handbook shall be made
3        available on the Department's website;
4            (iv) work with potential employers to promote
5        company policies to support hiring and supporting
6        returning residents via employee/employer liability,
7        coverage, insurance, bonding, training, hiring
8        practices, and retention support;
9            (v) provide services such as job coaching and
10        financial coaching to Program graduates to support
11        employment longevity; and
12            (vi) identify clean energy job opportunities and
13        assist participants in achieving employment. The
14        Program shall include at least one job fair; include
15        job placement discussions with clean energy employers;
16        establish a partnership with Illinois solar energy
17        businesses and trade associations to identify solar
18        employers that support and hire returning residents;
19        and involve the Department of Commerce and Economic
20        Opportunity, Regional Administrators, and the Advisory
21        Council in finding employment for participants and
22        graduates in the clean energy and related sector
23        industries.
24        (3) The Department shall select community-based
25    organizations to provide Program elements at each
26    facility. Community-based organizations shall be



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1    competitively selected by the Department of Commerce and
2    Economic Opportunity. Community-based organizations
3    delivering the Program elements outlined may provide all
4    elements required or may subcontract to other entities for
5    the provision of portions of Program elements. All
6    contractors who have regular interactions with committed
7    persons, regularly access a Department of Corrections
8    facility, or regularly access a committed person's
9    personal identifying information or other data elements
10    must pass a Department of Corrections background check
11    prior to being approved to administer the Program elements
12    at a facility.
13        (4) The Department of Corrections shall aim to include
14    training in conjunction with other pre-release procedures
15    and movements. Delays in a workshop being provided shall
16    not cause delays in discharge.
17        (5) The Program Administrators may establish shortened
18    Returning Resident Clean Jobs Training Programs to prepare
19    and place graduates in the Clean Jobs Workforce Network
20    Program or the Illinois Climate Works Preapprenticeship
21    Program following the graduate's release from commitment.
22    Graduates of these programs shall receive training that
23    leads to certification or credentials designed to lead to
24    employment and shall be prioritized for placement in a
25    Clean Jobs Workforce Hubs training program or the Illinois
26    Climate Works Preapprenticeship Program.



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1        (6) The Director of Corrections shall:
2            (i) Ensure that the wardens or superintendents of
3        all correctional institutions and facilities visibly
4        post information on the Program in an accessible
5        manner for committed individuals.
6            (ii) Identify the institutions and facilities
7        within the Department of Corrections that will offer
8        the Program. The determination of which facility will
9        offer the Program shall be based on available
10        programming space, staffing, population, facility
11        mission, security concerns, and any other relevant
12        factor in determining suitable locations for the
13        Program.
14    (i) Performance metrics.
15        (1) The Program Administrators shall collect and
16    disaggregate data by race, ethnicity, gender, age, and
17    location to evaluate and ensure Program and participant
18    success. This data shall be shared with the Office of
19    Equity and shall include , including:
20            (i) the number of returning residents who enrolled
21        in the Program;
22            (ii) the number of returning residents who were
23        accepted for enrollment into completed the Program;
24            (iii) the total number of returning residents who
25        applied for and were denied for enrollment into the
26        Program individuals discharged;



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1            (iv) the demographics of each entering and
2        graduating class;
3            (v) the percentage of graduates employed at 6 and
4        12 months after release;
5            (vi) the number of returning residents who did not
6        complete the Program the recidivism rate of Program
7        participants at 3 and 5 years after release;
8            (vii) the total number of individuals discharged
9        the candidates interviewed and hiring status;
10            (viii) the graduate employment status, such as
11        hire date, pay rates, whether full-time, part-time, or
12        seasonal, and separation date; and
13            (ix) continuing education and certifications
14        gained by Program graduates; .
15            (x) the recidivism rate of Program participants at
16        1, 3, 5, 7, and 10 years after release;
17            (xi) the candidates interviewed and their hiring
18        status;
19            (xii) the number of returning residents who
20        enrolled in the Program and were removed;
21            (xiii) the number of returning residents who
22        graduated from the Program and remained employed in
23        the clean energy industry within one year and 3 years
24        after release. If practicable, the Department shall
25        consult with the Department of Employment Security to
26        also provide this data for 5, 7, and 10 years after



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1        release;
2            (xiv) the number of returning residents who
3        graduated from the Program and changed employment in
4        the clean energy industry within one year and 3 years
5        after release. If practicable, the Department shall
6        consult with the Department of Employment Security to
7        also provide this data for 5, 7, and 10 years after
8        release;
9            (xv) the number of returning residents who
10        graduated from the Program and separated from
11        employment in the clean energy industry and received
12        employment in another industry within one year and 3
13        years after release. If practicable, the Department
14        shall consult with the Department of Employment
15        Security to provide this data for 5, 7, and 10 years
16        after release; and
17            (xvi) the number of returning residents who
18        completed the Program.
19        (2) The Department of Commerce and Economic
20    Opportunity shall publish an annual report containing
21    these performance metrics. Data may be disaggregated by
22    institution, discharge, or residence address of resident,
23    and other factors.
24    (j) Funding. Funding for the Program is subject to
25appropriation from the Energy Transition Assistance Fund.
26Funding may be made available from other lawful sources,



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1including donations, grants, and federal incentives.
2    (k) Access. The Program instructors and staff must pass a
3background check administered by the Department of Corrections
4prior to entering a Department of Corrections institution or
5facility. The Warden or Superintendent shall have the
6authority to deny a Program instructor or staff member entry
7into an institution or facility for safety and security
8concerns or failure to follow all facility procedures or
9protocols. A Program instructor or staff member administering
10the Program may be terminated or have his or her contract
11canceled if the Program instructor or staff member is denied
12entry into an institution or facility for safety and security
14(Source: P.A. 102-662, eff. 9-15-21.)".