Public Act 103-0709
 
HB5354 EnrolledLRB103 37230 SPS 67349 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Customized Employment for Individuals with 
Disabilities Act is amended by changing Sections 10, 15, 20, 
25, 30, 35, and 40 and by adding Section 6 as follows:
 
    (820 ILCS 97/6 new)
    Sec. 6. Definition. As used in this Act, "customized 
employment" means competitive integrated employment for an 
individual with a significant disability that is based on an 
individualized determination of the strengths, needs, and 
interests of the individual with a significant disability, 
designed to meet the specific abilities of the individual with 
a significant disability and the business needs of the 
employer, establishes a relationship between the employer and 
the employee that is negotiated to meet the needs of both 
parties, and is based on an exchange of specific contributions 
by the employee for pay by the employer that is at or above the 
applicable minimum wage.
 
    (820 ILCS 97/10)
    Sec. 10. Customized Employment Demonstration Pilot 
Program. The Department of Human Services, through its 
Division of Rehabilitation Services and in collaboration with 
the Division of Developmental Disabilities, shall establish a 
5-year Customized Employment Demonstration Pilot Program that 
serves a minimum of 40 25 individuals by July 1, 2025, with a 
goal of serving at least 75 individuals by July 1, 2027 the 
second year of the Pilot Program. 
    The Demonstration program shall comply with the document 
titled "The Essential Elements of Customized Employment for 
Universal Application", published June 2017 by the Workforce 
Innovation Technical Assistance Center and the Youth Technical 
Assistance Center under grants from the federal Department of 
Education. The Demonstration The Pilot Program shall include 
the following components for each participant:
        (1) "Phase One: Consultation and Initiation" means 
    pre-discovery activities introducing the participant to 
    customized employment activities, roles and 
    responsibilities, and expected outcomes and introducing 
    the customized employment provider to the participant and 
    the participant's support team, including family, 
    guardians, friends, colleagues, advocates, 
    community-based service agencies, and others as determined 
    by the participant or the participant's guardian. If the 
    participant or participant's guardian chooses to proceed 
    with the customized employment provider, the Division of 
    Rehabilitation Services shall develop an Initial Discovery 
    Action Plan An intensive discovery phase during which the 
    unique needs, abilities, and interests of the individual 
    will be explored by the individual at his or her direction 
    with assistance from family, friends, colleagues, 
    advocates, community-based service agencies, and others as 
    determined by the individual.
        (2) "Phase Two: Discovery" means a person-centered 
    planning process that shall be used to determine the 
    participant's interests, skills, preferences, and ideal 
    employment conditions that shall guide the development of 
    a customized job. The unique needs, abilities, and 
    interests of the participant shall be explored by the 
    participant at his or her direction or the direction of 
    his or her guardian, with assistance from family, friends, 
    colleagues, advocates, community-based service agencies, 
    and others as determined by the participant or the 
    participant's guardian. The exploration of the unique 
    needs of the participant shall include the participant's 
    assistive technology needs and the participant's need for 
    work incentives benefits counseling. During this phase, a 
    plan for completing the discovery process shall be 
    developed that contains a timeline for completing the 
    discovery process, assignment of who shall gather which 
    piece of information, how the information shall be 
    gathered, who shall receive the information, and who shall 
    make up the core support team for the participant. The 
    plan for completing the discovery service shall be shared 
    and discussed by the customized employment provider with 
    the participant and the Division of Rehabilitation 
    Services, and the service provider shall bill for this 
    service. A Discovery Profile, containing all of the 
    information learned from the discovery process, shall be 
    shared and discussed by the provider with the participant, 
    the participant's guardian, and Division of Rehabilitation 
    Services, and the service provider shall bill for this 
    service A customized person-centered planning process 
    based upon information gathered during the discovery phase 
    that involves capturing, organizing, and presenting the 
    information in a blueprint for the job search.
        (3) "Phase Three: Customized Employment Planning" 
    means an opportunity to use the information learned during 
    the discovery process to develop a plan for competitive 
    and integrated employment for the participant An employer 
    negotiation process in which job duties and employee 
    expectations are negotiated to align the skills and 
    interests of the individual with the needs of an employer. 
    The negotiation process may result in agreement on options 
    such as (i) carving out a job for the individual, (ii) 
    creating a new job description, (iii) creating a new job, 
    (iv) job-sharing, and (v) agreeing on job supports, 
    transportation needs, assistive technology, work hours, 
    location, or supervision needs.
        (4) "Phase Four: Job Development and Negotiation" 
    means a process of working collaboratively with the 
    participant, the participant's guardian, and the 
    customized employment employer to negotiate a customized 
    job, including, terms of employment, conditions necessary 
    for success, and the specific unmet needs of the employer 
    that shall be fulfilled by the participant's contributions 
    A flexible timeline for a comprehensive discovery, 
    planning, and job placement process to accommodate the 
    unique needs of the individual.
        (5) "Phase Five: Post-Employment Support and 
    Monitoring" means support and monitoring from the 
    customized employment service to ensure satisfactory 
    results for both the participant and the employer. 
    The Customized Employment Demonstration Pilot Program 
shall be based on implemented through an individualized plan 
for employment developed by the individual with a disability, 
the community based agency, the individual's support team, and 
the vocational rehabilitation counselor employed by the 
Division of Rehabilitation Services. The individual with a 
disability may choose to have a personal representative 
participate in the development of the individualized plan for 
employment.
(Source: P.A. 101-368, eff. 1-1-20.)
 
    (820 ILCS 97/15)
    Sec. 15. Selection of participants. Individuals shall be 
identified and referred to the Department to participate in 
the Demonstration Pilot Program by community-based agencies 
serving persons with intellectual or developmental 
disabilities. A team of individuals identified during the 
discovery phase shall be created to work with the individual 
during the process. The team shall include at least one 
qualified staff person as described in Section 25. Selection 
preference shall be given to individuals who are currently 
working in a sheltered workshop setting for a subminimum wage 
and individuals for whom it is likely that their current 
employment options will be limited to working in a sheltered 
workshop for a subminimum wage.
(Source: P.A. 101-368, eff. 1-1-20.)
 
    (820 ILCS 97/20)
    Sec. 20. Diversity. Participants in the Demonstration 
Pilot Program shall reflect the geographical, racial, ethnic, 
gender, and income-level diversity of the State.
(Source: P.A. 101-368, eff. 1-1-20.)
 
    (820 ILCS 97/25)
    Sec. 25. Community-based agencies and staff 
qualifications. The Demonstration Pilot Program shall utilize 
a minimum of 4 Illinois non-profit community-based agencies 
that must:
        (1) assign at least one staff member who has received 
    a certificate of completion for training in community 
    employment, with a specialization in customized 
    employment, from a recognized and qualified training 
    entity such as the Association of Community Rehabilitation 
    Educators; and
        (2) have access to technical assistance on customized 
    employment from a recognized and qualified training entity 
    to work with each participant in the Demonstration Pilot 
    Program.
(Source: P.A. 101-368, eff. 1-1-20.)
 
    (820 ILCS 97/30)
    Sec. 30. Data collection and reporting. The Department 
shall collect data regarding the successes and challenges of 
the Demonstration Pilot Program and shall submit an annual 
report to the Governor and the General Assembly on March 1st of 
each year beginning in 2026 2021 until the Demonstration Pilot 
Program terminates. The reports shall: (i) make a 
recommendation as to whether the Demonstration Pilot Program 
should be extended continue or become a statewide program; 
(ii) provide cost estimates, including the average per person 
costs; and (iii) recommend ways in which the Demonstration 
Pilot Program can be improved to better serve the needs of 
individuals with disabilities and employers. The data 
collected shall include, but not be limited to, for each 
individual served by the Demonstration Program:
        (1) The number of individuals with an intellectual 
    disability;
        (2) the number of individuals with a developmental 
    disability;
        (3) the number of individuals residing in a community 
    integrated living arrangement;
        (4) the number of individuals residing in an 
    intermediate care facility for people with a developmental 
    disability;
        (5) the number of individuals residing in their family 
    home;
        (6) the number of individuals residing in a State 
    operated developmental center;
        (7) the number of individuals residing in a community 
    living facility;
        (8) the number of individuals who were working in a 
    sheltered workshop earning subminimum wage; and
    
    (9) the average amount of time individuals in the 
    Demonstration Program spend in each customized employed 
    phase as described in Section 10. 
(Source: P.A. 101-368, eff. 1-1-20.)
 
    (820 ILCS 97/35)
    Sec. 35. Advice and recommendations. In the creation, 
operation, and administration of the Demonstration Pilot 
Program, the Department shall seek the advice and 
recommendations of the State Rehabilitation Council, Illinois 
Council on Developmental Disabilities, the Illinois Task Force 
on Employment and Economic Opportunity for Persons with 
Disabilities, statewide disability advocacy groups, and 
organizations representing large, medium, and small 
businesses.
(Source: P.A. 101-368, eff. 1-1-20.)
 
    (820 ILCS 97/40)
    Sec. 40. The Department may adopt administrative rules 
governing the Demonstration Pilot Program; however, the 
Demonstration Pilot Program shall not be delayed pending the 
adoption of rules.
(Source: P.A. 101-368, eff. 1-1-20.)