Public Act 097-0501
 
HB0297 EnrolledLRB097 06432 RLJ 46514 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Task Force on Inventorying Employment
Restrictions Act is amended by changing Section 15 as follows:
 
    (20 ILCS 5000/15)
    Sec. 15. Task Force.
    (a) The Task Force on Inventorying Employment Restrictions
is hereby created in the Illinois Criminal Justice Information
Authority. The purpose of the Task Force is to review the
statutes, administrative rules, policies and practices that
restrict employment of persons with a criminal history, as set
out in subsection (c) of this Section, and to report to the
Governor and the General Assembly those employment
restrictions and their impact on employment opportunities for
people with criminal records. The report shall also identify
any employment restrictions that are not reasonably related to
public safety.
    (b) Within 60 days after the effective date of this
amendatory Act of the 97th General Assembly Act, the President
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the
House of Representatives shall each appoint 2 members of the
General Assembly to the Task Force. The term of office of any
member of the public appointed by the President of the Senate,
the Speaker of the House of Representatives, the Minority
Leader of the Senate, or the Minority Leader of the House of
Representatives serving on the effective date of this
amendatory Act of the 97th General Assembly shall end on that
date. The Governor shall appoint the Task Force chairperson. In
addition, the Director or Secretary of each of the following,
or his or her designee, are members: the Department of Human
Services, the Department of Corrections, the Department of
Commerce and Economic Opportunity, the Department of Children
and Family Services, the Department of Human Rights, the
Department of Central Management Services, the Department of
Employment Security, the Department of Public Health, the
Department of State Police, the Illinois State Board of
Education, the Illinois Board of Higher Education, and the
Illinois Community College Board, and the Illinois Criminal
Justice Information Authority. Members shall not receive
compensation. The Illinois Criminal Justice Information
Authority shall provide staff and other assistance to the Task
Force.
    (c) On or before November 1, 2011 September 1, 2010, all
State agencies shall produce a report for the Task Force that
describes the employment restrictions that are based on
criminal records for each occupation under the agency's
jurisdiction and that of its boards, if any, including, but not
limited to, employment within the agency; employment in
facilities licensed, regulated, supervised, or funded by the
agency; employment pursuant to contracts with the agency; and
employment in occupations that the agency licenses or provides
certifications to practice. For each occupation subject to a
criminal records-based restriction, the agency shall set forth
the following:
        (1) the job title, occupation, job classification, or
    restricted place of employment, including the range of
    occupations affected in such places;
        (2) the statute, regulation, policy, and procedure
    that authorizes the restriction of applicants for
    employment and licensure, current employees, and current
    licenses;
        (3) the substance and terms of the restriction, and
            (A) if the statute, regulation, policy or practice
        enumerates disqualifying offenses, a list of each
        disqualifying offense, the time limits for each
        offense, and the point in time when the time limit
        begins;
            (B) if the statute, regulation, policy or practice
        does not enumerate disqualifying offenses and instead
        provides for agency discretion in determining
        disqualifying offenses, the criteria the agency has
        adopted to apply the disqualification to individual
        cases. Restrictions based on agency discretion
        include, but are not limited to, restrictions based on
        an offense "related to" the practice of a given
        profession; an offense or act of "moral turpitude"; and
        an offense evincing a lack of "good moral character".
        (4) the procedures used by the agency to identify an
    individual's criminal history, including but not limited
    to disclosures on applications and background checks
    conducted by law enforcement or private entities;
        (5) the procedures used by the agency to determine and
    review whether an individual's criminal history
    disqualifies that individual;
        (6) the year the restriction was adopted, and its
    rationale;
        (7) any exemption, waiver, or review mechanisms
    available to seek relief from the disqualification based on
    a showing of rehabilitation or otherwise, including the
    terms of the mechanism, the nature of the relief it
    affords, and whether an administrative and judicial appeal
    is authorized;
        (8) any statute, rule, policy and practice that
    requires an individual convicted of a felony to have his
    civil rights restored to become qualified for the job; and
    9 copies of the following documents:
            (A) forms, applications, and instructions provided
        to applicants and those denied or terminated from jobs
        or licenses based on their criminal record;
            (B) forms, rules, and procedures that the agency
        employs to provide notice of disqualification, to
        review applications subject to disqualification, and
        to provide for exemptions and appeals of
        disqualification;
            (C) memos, guidance, instructions to staff,
        scoring criteria and other materials used by the agency
        to evaluate the criminal histories of applicants,
        licensees, and employees; and
            (D) forms and notices used to explain waiver,
        exemption and appeals procedures for denial,
        suspensions and terminations of employment or
        licensure based on criminal history.
    (d) Each State agency shall participate in a review to
determine the impact of the employment restrictions based on
criminal records and the effectiveness of existing
case-by-case review mechanisms. The information required under
this subsection (d) shall be limited to the data and
information in the possession of the State agency on the
effective date of this amendatory Act of the 97th General
Assembly. With respect to compliance with the requirements of
this subsection (d), a State agency is under no obligation to
collect additional data or information. For each occupation
under the agency's jurisdiction for which there are employment
restrictions based on criminal records, each State agency must
provide the Task Force with a report, on or before February 1,
2012 March 1, 2010, for the previous 2-year period, setting
forth:
        (1) the total number of people currently employed in
    the occupation whose employment or licensure required
    criminal history disclosure, background checks or
    restrictions;
        (2) the number and percentage of individuals who
    underwent a criminal history background check;
        (3) the number and percentage of individuals who were
    merely required to disclose their criminal history without
    a criminal history background check;
        (4) the number and percentage of individuals who were
    found disqualified based on criminal history disclosure by
    the applicant;
        (5) the number and percentage of individuals who were
    found disqualified based on a criminal history background
    check;
        (6) the number and percentage of individuals who sought
    an exemption or waiver from the disqualification;
        (7) the number and percentage of individuals who sought
    an exemption or waiver who were subsequently granted the
    exemption or waiver at the first level of agency review (if
    multiple levels of review are available);
        (8) the number and percentage of individuals who sought
    an exemption or waiver who were subsequently granted the
    exemption or waiver at the next level of agency review (if
    multiple levels of review are available);
        (9) the number and percentage of individuals who were
    denied an exemption or waiver at the final level of agency
    review, and then sought review through an administrative
    appeal;
        (10) the number and percentage of individuals who were
    denied an exemption or waiver at the final level of agency
    review, and then sought review through an administrative
    appeal and were then found qualified after such a review;
        (11) the number and percentage of individuals who were
    found disqualified where no waiver or exemption process is
    available;
        (12) the number and percentage of individuals who were
    found disqualified where no waiver or exemption process is
    available and who sought administrative review and then
    were found qualified; and
        (13) if the agency maintains records of active licenses
    or certifications, the executive agency shall provide the
    total number of employees in occupations subject to
    criminal history restrictions.
    (e) (Blank). The Task Force shall report its findings and
recommendations to the Governor and the General Assembly by
December 31, 2010.
    (f) The Task Force shall report to the Governor and the
General Assembly its findings, including recommendations as to
any employment restrictions that are not reasonably related to
public safety, by September 1, 2012.
(Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011