Public Act 103-0198
 
HB3702 EnrolledLRB103 30119 SPS 56543 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 Energy Transition Act is amended by
changing Section 5-50 as follows:
 
    (20 ILCS 730/5-50)
    (Section scheduled to be repealed on September 15, 2045)
    Sec. 5-50. Returning Residents Clean Jobs Training
Program.
    (a) Subject to appropriation, the Department shall develop
and, in coordination with the Department of Corrections,
administer the Returning Residents Clean Jobs Training
Program.
    (b) As used in this Section:
    "Commitment" means a judicially determined placement in
the custody of the Department of Corrections on the basis of a
conviction.
    "Committed person" means a person committed to the
Department of Corrections.
    "Community-based organization" means an organization that:
        (1) provides employment, skill development, or related
    services to members of the community;
        (2) includes community colleges, nonprofits, and local
    governments; and
        (3) has a history of serving committed persons or
    justice-involved persons.
    "Correctional institution or facility" means a Department
of Corrections building or part of a Department of Corrections
building where committed persons are detained in a secure
manner.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Discharge" means the end of a sentence or the final
termination of a detainee's physical commitment to and
confinement in the Department of Corrections.
    "Location" means where the returning resident is
physically located, such as:
        (1) a correctional institution or facility;
        (2) a county;
        (3) a municipality or town; and
        (4) a place of employment.
    "Program" means the Returning Residents Clean Jobs
Training Program.
    "Program Administrator" means, for each Program Delivery
Area, the administrator selected by the Department pursuant to
paragraph (1) of subsection (g) of this Section.
    "Returning resident" means any United States resident who
is: (i) 17 years of age or older; (ii) in the physical custody
of the Department of Corrections; and (iii) scheduled to be
re-entering society within 36 months.
    (c) Returning Residents Clean Jobs Training Program.
        (1) Connected services. The Program shall prepare
    graduates to work in the clean energy and related sector
    jobs as defined in Section 5-25.
        (2) Recruitment of participants. The Program
    Administrators shall, in coordination with the Department
    of Commerce and Economic Opportunity, educate committed
    persons in both men's and women's correctional
    institutions and facilities on the benefits of the Program
    and how to enroll in the Program.
        (3) Connection to employers. The Program
    Administrators shall, with assistance from the Regional
    Administrators, connect Program graduates with potential
    employers in the clean energy jobs industries.
        (4) Graduation. Participants who successfully complete
    all assignments in the Program shall receive a Program
    graduation certificate and any certifications or
    credentials earned in the process.
        (5) Eligibility. A committed person in a correctional
    institution or facility is eligible if the committed
    person:
            (i) is within 36 months of expected release;
            (ii) consented in writing to participation in the
        Program;
            (iii) meets all Program and testing requirements;
            (iv) is willing to follow all Program
        requirements; and
            (v) does not pose a safety and security risk for
        the facility or any person.
    The Department of Corrections shall have sole discretion
to determine whether a committed person's participation in the
Program poses a safety and security risk for the facility or
any person. The Department of Corrections shall determine
whether a committed person is eligible to participate in the
Program.
    (d) Program entry and testing requirements. To enter the
Returning Residents Clean Jobs Training Program, committed
persons must complete a simple application, undergo an
interview and coaching session, and must score a minimum of a
6.0 or above on the Test for Adult Basic Education or the
Illinois Community College Board approved assessment for
determining basic skills deficiency. The Returning Residents
Clean Jobs Training Program shall include a one-week
pre-program orientation that ensures the candidates understand
and are interested in continuing the Program. Candidates that
successfully complete the orientation may continue to the full
Program.
    (d-5) Training. Once approved for the new program,
candidates must receive essential employability skills
training as part of vocational or occupational training.
Training must lead to certifications or credentials that
prepare candidates for employment.
    (e) Removal from the Program. The Department of
Corrections may remove a committed person enrolled in the
Program for violation of institutional rules; failure to
participate or meet expectations of the Program; failure of a
drug test; disruptive behavior; or for reasons of safety,
security, and order of the facility.
    (f) Drug testing. A clean drug test is required to
complete the Returning Residents Clean Jobs Training Program.
A drug test shall be administered at least once prior to
graduation. The Department of Corrections shall be responsible
for the drug testing of applicants.
    (g) Curriculum.
        (1) The Department of Commerce and Economic
    Opportunity shall design a curriculum for the Program that
    is as similar as practical to the Clean Jobs Curriculum
    and meets in-facility requirements. The curriculum shall
    focus on preparing graduates for employment in the clean
    energy and related sector jobs as defined in Section 5-25.
    The Program shall include structured hands-on activities
    in correctional institutions or facilities, including
    classroom spaces and outdoor spaces, to instruct
    participants in the core curriculum established in this
    Act. The Department and the Department of Corrections
    shall work together to ensure all curriculum elements may
    be available within Department of Corrections facilities.
        (2) The Program Administrators shall collaborate to
    create and publish a guidebook that allows for the
    implementation of the curriculum and provides information
    on all necessary and useful resources for Program
    participants and graduates.
    (h) Program administration.
        (1) The Department of Commerce and Economic
    Opportunity shall select a Program Administrator for each
    Program Delivery Area to administer and coordinate the
    Program. The Program Administrators shall have strong
    capabilities, experience, and knowledge related to program
    development and economic management; cultural and language
    competency needed to be effective in the communities to be
    served; committed persons or justice-involved persons;
    knowledge and experience in working with providers of
    clean energy jobs; and awareness of clean energy and
    related sector trends and activities, workforce
    development best practices, regional workforce development
    needs, and community development.
        The Program Administrator must pass a background check
    administered by the Department of Corrections and be
    approved by the Department of Corrections to work within a
    secure facility prior to being hired by the Department of
    Commerce and Economic Opportunity for a Program delivery
    area.
        (2) The Program Administrators shall:
            (i) coordinate with Regional Administrators and
        the Clean Jobs Workforce Network Program to ensure
        that execution, performance, partnerships, marketing,
        and Program access across the State consistent with
        respecting regional differences;
            (ii) work with community-based organizations
        approved to provide industry-recognized credentials or
        education institutions to deliver the Program;
            (iii) collaborate to create and publish an
        employer "Hiring Returning Residents" handbook that
        includes benefits and expectations of hiring returning
        residents, guidance on how to recruit, hire, and
        retain returning residents, guidance on how to access
        State and federal tax credits and incentives and State
        and federal resources, guidance on how to update
        company policies to support hiring and supporting
        returning residents, and an understanding of the harm
        in one-size-fits-all policies toward returning
        residents. The handbook shall be updated every 5 years
        or more frequently if needed to ensure that its
        contents are accurate. The handbook shall be made
        available on the Department's website;
            (iv) work with potential employers to promote
        company policies to support hiring and supporting
        returning residents via employee/employer liability,
        coverage, insurance, bonding, training, hiring
        practices, and retention support;
            (v) provide services such as job coaching and
        financial coaching to Program graduates to support
        employment longevity; and
            (vi) identify clean energy job opportunities and
        assist participants in achieving employment. The
        Program shall include at least one job fair; include
        job placement discussions with clean energy employers;
        establish a partnership with Illinois solar energy
        businesses and trade associations to identify solar
        employers that support and hire returning residents;
        and involve the Department of Commerce and Economic
        Opportunity, Regional Administrators, and the Advisory
        Council in finding employment for participants and
        graduates in the clean energy and related sector
        industries.
        (3) The Department shall select community-based
    organizations to provide Program elements at each
    facility. Community-based organizations shall be
    competitively selected by the Department of Commerce and
    Economic Opportunity. Community-based organizations
    delivering the Program elements outlined may provide all
    elements required or may subcontract to other entities for
    the provision of portions of Program elements. All
    contractors who have regular interactions with committed
    persons, regularly access a Department of Corrections
    facility, or regularly access a committed person's
    personal identifying information or other data elements
    must pass a Department of Corrections background check
    prior to being approved to administer the Program elements
    at a facility.
        (4) The Department of Corrections shall aim to include
    training in conjunction with other pre-release procedures
    and movements. Delays in a workshop being provided shall
    not cause delays in discharge.
        (5) The Program Administrators may establish shortened
    Returning Resident Clean Jobs Training Programs to prepare
    and place graduates in the Clean Jobs Workforce Network
    Program or the Illinois Climate Works Preapprenticeship
    Program following the graduate's release from commitment.
    Graduates of these programs shall receive training that
    leads to certification or credentials designed to lead to
    employment and shall be prioritized for placement in a
    Clean Jobs Workforce Hubs training program or the Illinois
    Climate Works Preapprenticeship Program.
        (6) The Director of Corrections shall:
            (i) Ensure that the wardens or superintendents of
        all correctional institutions and facilities visibly
        post information on the Program in an accessible
        manner for committed individuals.
            (ii) Identify the institutions and facilities
        within the Department of Corrections that will offer
        the Program. The determination of which facility will
        offer the Program shall be based on available
        programming space, staffing, population, facility
        mission, security concerns, and any other relevant
        factor in determining suitable locations for the
        Program.
    (i) Performance metrics.
        (1) The Program Administrators shall collect and
    disaggregate data by race, ethnicity, gender, age, and
    location to evaluate and ensure Program and participant
    success. This data shall be shared with the Office of
    Equity and shall include , including:
            (i) the number of returning residents who enrolled
        in the Program;
            (ii) the number of returning residents who were
        accepted for enrollment into completed the Program;
            (iii) the total number of returning residents who
        applied for and were denied for enrollment into the
        Program individuals discharged;
            (iv) the demographics of each entering and
        graduating class;
            (v) the percentage of graduates employed at 6 and
        12 months after release;
            (vi) the number of returning residents who did not
        complete the Program the recidivism rate of Program
        participants at 3 and 5 years after release;
            (vii) the total number of individuals discharged
        the candidates interviewed and hiring status;
            (viii) the graduate employment status, such as
        hire date, pay rates, whether full-time, part-time, or
        seasonal, and separation date; and
            (ix) continuing education and certifications
        gained by Program graduates; .
            (x) the recidivism rate of Program participants at
        1, 3, 5, 7, and 10 years after release;
            (xi) the candidates interviewed and their hiring
        status;
            (xii) the number of returning residents who
        enrolled in the Program and were removed;
            (xiii) the number of returning residents who
        graduated from the Program and remained employed in
        the clean energy industry within one year and 3 years
        after release. If practicable, the Department shall
        consult with the Department of Employment Security to
        also provide this data for 5, 7, and 10 years after
        release;
            (xiv) the number of returning residents who
        graduated from the Program and changed employment in
        the clean energy industry within one year and 3 years
        after release. If practicable, the Department shall
        consult with the Department of Employment Security to
        also provide this data for 5, 7, and 10 years after
        release;
            (xv) the number of returning residents who
        graduated from the Program and separated from
        employment in the clean energy industry and received
        employment in another industry within one year and 3
        years after release. If practicable, the Department
        shall consult with the Department of Employment
        Security to provide this data for 5, 7, and 10 years
        after release; and
            (xvi) the number of returning residents who
        completed the Program.
        (2) The Department of Commerce and Economic
    Opportunity shall publish an annual report containing
    these performance metrics. Data may be disaggregated by
    institution, discharge, or residence address of resident,
    and other factors.
    (j) Funding. Funding for the Program is subject to
appropriation from the Energy Transition Assistance Fund.
Funding may be made available from other lawful sources,
including donations, grants, and federal incentives.
    (k) Access. The Program instructors and staff must pass a
background check administered by the Department of Corrections
prior to entering a Department of Corrections institution or
facility. The Warden or Superintendent shall have the
authority to deny a Program instructor or staff member entry
into an institution or facility for safety and security
concerns or failure to follow all facility procedures or
protocols. A Program instructor or staff member administering
the Program may be terminated or have his or her contract
canceled if the Program instructor or staff member is denied
entry into an institution or facility for safety and security
concerns.
(Source: P.A. 102-662, eff. 9-15-21.)