Full Text of SB1677 096th General Assembly
SB1677enr 96TH GENERAL ASSEMBLY
|
|
|
SB1677 Enrolled |
|
LRB096 10732 KTG 20916 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| 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 |
|
|
|
SB1677 Enrolled |
- 2 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| Family Services, the Department of Financial and Professional | 2 |
| Regulation, the Department of Public Health, the Department of | 3 |
| Human Services, the Department of Labor, the Office of the | 4 |
| Secretary of State, the Illinois State Board of Education | 5 |
| (whose representative or representatives shall consult with | 6 |
| the Regional Offices of Education and representatives of 2 | 7 |
| statewide teachers unions, a statewide organization | 8 |
| representing school principals, a statewide school | 9 |
| administrators organization, and school bus companies), the | 10 |
| Live Scan fingerprinting industry, a union for child care | 11 |
| workers who provide service to children, a large regional park | 12 |
| district, and at least 2 statewide non-governmental, | 13 |
| non-profit multi-issue advocacy organizations to represent the | 14 |
| interests of prospective employees. The task force shall be | 15 |
| chaired by 2 co-chairpersons, one appointed by the Director of | 16 |
| Public Health and the other appointed by the Director of State | 17 |
| Police. The task force members shall be appointed within 30 | 18 |
| days after the effective date of this amendatory Act of the | 19 |
| 96th General Assembly. The Department of Public Health and the | 20 |
| Department of State Police shall jointly provide | 21 |
| administrative and staff support to the task force as needed. | 22 |
| The task force shall review and make recommendations to | 23 |
| create a more centralized and coordinated process for | 24 |
| conducting criminal history record checks in order to reduce | 25 |
| duplication of effort and make better use of resources and more | 26 |
| efficient use of taxpayer dollars. |
|
|
|
SB1677 Enrolled |
- 3 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| The task force shall provide a plan to revise the criminal | 2 |
| history record check process to the General Assembly by January | 3 |
| 1, 2011. The plan shall address the following issues: | 4 |
| (1) Identification of any areas of concern that have | 5 |
| been identified by stakeholders and task force members | 6 |
| regarding State or federally mandated criminal history | 7 |
| record checks. | 8 |
| (2) Evaluation of the feasibility of using an | 9 |
| applicant's initial criminal history record information | 10 |
| results for subsequent employment or licensing screening | 11 |
| purposes while protecting the confidentiality of the | 12 |
| applicant. | 13 |
| (3) Evaluation of the feasibility of centralizing the | 14 |
| screening of criminal history record information inquiry | 15 |
| responses. | 16 |
| (4) Identification and evaluation of existing | 17 |
| technologies that could be utilized to eliminate the need | 18 |
| for a subsequent fingerprint inquiry each time an applicant | 19 |
| changes employment or seeks a license requiring a criminal | 20 |
| history record inquiry. | 21 |
| (5) Identification of any areas where State or | 22 |
| federally mandated criminal history record checks can be | 23 |
| implemented in a more efficient and cost-effective manner. | 24 |
| (6) Evaluation of what other states and the federal | 25 |
| government are doing to address similar concerns. | 26 |
| (7) Identification of programs serving vulnerable |
|
|
|
SB1677 Enrolled |
- 4 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| populations that do not currently require criminal history | 2 |
| record information to determine whether those programs | 3 |
| should be included in a centralized screening of criminal | 4 |
| history record information. | 5 |
| (8) Identification of any issues that agencies face in | 6 |
| interpreting criminal history records, such as | 7 |
| differentiating among types of dispositions, and | 8 |
| evaluation of how those records can be presented in a | 9 |
| format better tailored to non-law enforcement purposes. | 10 |
| (9) Ensuring that any centralized criminal history | 11 |
| records system discloses sealed criminal history records | 12 |
| only to those agencies authorized to receive those records | 13 |
| under Illinois law. | 14 |
| (10) Evaluation of the feasibility of creating a | 15 |
| process whereby agencies provide copies of the criminal | 16 |
| background check to applicants for the purpose of providing | 17 |
| applicants with the opportunity to assess the accuracy of | 18 |
| the records. | 19 |
| (11) Evaluation of the feasibility of adopting a | 20 |
| uniform procedure for obtaining disposition information | 21 |
| where an arrest or criminal charge is reported without | 22 |
| subsequent disposition. | 23 |
| (12) Preparation of a report for the General Assembly | 24 |
| proposing solutions that can be adopted to eliminate the | 25 |
| duplication of applicant fingerprint submissions and the | 26 |
| duplication of criminal records check response screening |
|
|
|
SB1677 Enrolled |
- 5 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| efforts and to minimize the costs of conducting State and | 2 |
| FBI fingerprint-based inquiries in Illinois.
| 3 |
| Section 5. The Illinois Public Aid Code is amended by | 4 |
| changing Section 9A-11.5 as follows:
| 5 |
| (305 ILCS 5/9A-11.5)
| 6 |
| Sec. 9A-11.5. Investigate child care providers. | 7 |
| (a) Any child care provider receiving funds from the child | 8 |
| care assistance program
under this Code who is not required to | 9 |
| be licensed under the Child Care Act of
1969 shall, as a | 10 |
| condition of eligibility to participate in the child care
| 11 |
| assistance program under this Code, authorize in writing on a | 12 |
| form prescribed
by the Department of Children and Family | 13 |
| Services, periodic investigations of the
Central Register, as | 14 |
| defined in the Abused and Neglected Child Reporting Act,
to | 15 |
| ascertain if the child care provider has been determined to be | 16 |
| a perpetrator
in an indicated report of child abuse or neglect. | 17 |
| The Department of Children and Family Services shall conduct an | 18 |
| investigation
of the Central Register at the request of the | 19 |
| Department. The Department shall
request the Department of | 20 |
| Children and Family Services to conduct periodic
| 21 |
| investigations of the Central Register. | 22 |
| (b) Any child care provider, other than a relative of the | 23 |
| child, receiving funds from the child care assistance program | 24 |
| under this Code who is not required to be licensed under the |
|
|
|
SB1677 Enrolled |
- 6 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| Child Care Act of 1969 shall, as a condition of eligibility to | 2 |
| participate in the child care assistance program under this | 3 |
| Code, authorize in writing a State and Federal Bureau of | 4 |
| Investigation fingerprint-based criminal history record check | 5 |
| to determine if the child care provider has ever been convicted | 6 |
| of a crime with respect to which the conviction has not been | 7 |
| overturned and the criminal records have not been sealed or | 8 |
| expunged. Upon this authorization, the Department shall | 9 |
| request and receive information and assistance from any federal | 10 |
| or State governmental agency as part of the authorized criminal | 11 |
| history record check. The Department of State Police shall | 12 |
| provide information concerning any conviction that has not been | 13 |
| overturned and with respect to which the criminal records have | 14 |
| not been sealed or expunged, whether the conviction occurred | 15 |
| before or on or after the effective date of this amendatory Act | 16 |
| of the 96th General Assembly, of a child care provider upon the | 17 |
| request of the Department when the request is made in the form | 18 |
| and manner required by the Department of State Police. The | 19 |
| Department of State Police shall charge a fee not to exceed the | 20 |
| cost of processing the criminal history record check. The fee | 21 |
| is to be deposited into the State Police Services Fund. Any | 22 |
| information concerning convictions that have not been | 23 |
| overturned and with respect to which the criminal records have | 24 |
| not been sealed or expunged obtained by the Department is | 25 |
| confidential and may not be transmitted (i) outside the | 26 |
| Department except as required in this Section or (ii) to anyone |
|
|
|
SB1677 Enrolled |
- 7 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| within the Department except as needed for the purposes of | 2 |
| determining participation in the child care assistance | 3 |
| program. A copy of the criminal history record check obtained | 4 |
| from the Department of State Police shall be provided to the | 5 |
| unlicensed child care provider. | 6 |
| (c) The Department shall
by rule set standards for | 7 |
| determining when to disqualify an unlicensed child care | 8 |
| provider for payment because (i) there is an indicated finding | 9 |
| against the provider based on the results of the Central | 10 |
| Register search or (ii) there is a disqualifying criminal | 11 |
| charge pending against the provider or the provider has a | 12 |
| disqualifying criminal conviction that has not been overturned | 13 |
| and with respect to which the criminal records have not been | 14 |
| expunged or sealed based on the results of the | 15 |
| fingerprint-based Department of State Police and Federal | 16 |
| Bureau of Investigation criminal history record check. In | 17 |
| determining whether to disqualify an unlicensed child care | 18 |
| provider for payment under this subsection, the Department | 19 |
| shall consider the nature and gravity of any offense or | 20 |
| offenses; the time that has passed since the offense or | 21 |
| offenses or the completion of the criminal sentence or both; | 22 |
| and the relationship of the offense or offenses to the | 23 |
| responsibilities of the child care provider determine when | 24 |
| payment to an unlicensed child care provider may be
withheld if | 25 |
| there is an indicated finding against the provider in the | 26 |
| Central
Register .
|
|
|
|
SB1677 Enrolled |
- 8 - |
LRB096 10732 KTG 20916 b |
|
| 1 |
| (Source: P.A. 92-825, eff. 8-21-02.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|