HB0698eng 100TH GENERAL ASSEMBLY

HB0698 Engrossed LRB100 07831 RLC 17899 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by adding Article 12.5 to Chapter III as follows:

(730 ILCS 5/Ch. III Art. 12.5 heading new)

ARTICLE 12.5. PRISONER ENTREPRENEUR EDUCATION PROGRAM

(730 ILCS 5/3-12.5-1 new)

Sec. 3-12.5-1. Short title. This Article may be cited as the Prisoner Entrepreneur Education Program Law.

(730 ILCS 5/3-12.5-5 new)

Sec. 3-12.5-5. Purpose; Program. The Prisoner Entrepreneur Education Program shall be established as a 5-year pilot project to be instituted within the Department of Corrections. The goal of the Prisoner Entrepreneur Education Program is to provide inmates with useful business skills for use after release from prison in an effort to reduce recidivism rates for self-motivated individuals. The Prisoner Entrepreneur Education Program shall consist of a rigorous curriculum, and participants shall be taught business skills, such as computer skills, budgeting, creating a business plan, public speaking, and realistic goal setting. Inmates who successfully complete the Prisoner Entrepreneur Education Program shall be awarded a Certificate of Completion.

(730 ILCS 5/3-12.5-10 new)

Sec. 3-12.5-10. Selection. Inmates may be selected to participate in the pre-release Prisoner Entrepreneur Education Program only if all of the following conditions are met:

(1) the inmate is within 3 years of being released from custody of the Department of Corrections;

(2) the inmate has not been disciplined by the Department of Corrections within the past year;

(3) the inmate has a high school diploma or GED;

(4) the inmate has never been convicted of an offense described in Subdivision 5 of Article 11 of the Criminal Code of 2012 (major sex offenses), Subdivision 10 of Article 11 of the Criminal Code of 2012 (vulnerable victim sex offenses), Section 11-20.1 of Subdivision 20 of Article 11 of the Criminal Code of 2012 (child pornography offenses), or similar offenses under the Criminal Code of 1961;

(5) the inmate is not currently affiliated with a gang; and

(6) the inmate is committed to personal change.

(730 ILCS 5/3-12.5-11 new)

Sec. 3-12.5-11. Curriculum; employment; retention of rights; certificate of completion.

(a) The Prisoner Entrepreneur Education Program shall consist of a rigorous curriculum, and participants shall be taught business skills, such as computer skills, budgeting, creating a business plan, public speaking, and realistic goal setting.

(b) The curriculum shall not include the employment of participants as employees under the Department of Corrections or any for-profit or not-for-profit organization unless:

(1) the employment is reasonably related to the purpose and curriculum of the Prisoner Entrepreneur Education Program; and

(2) the participant consents in writing to the terms, provisions, working conditions, and wages of the employment.

(c) Participants shall retain rights, control, and possession of all products created by the participant during the course of the Prisoner Entrepreneur Education Program. Such rights shall include intellectual property rights and rights in trade secrets. Nothing in this amendatory Act of the 100th General Assembly shall be construed to give the Department of Corrections any right to sell, use, distribute, market, possess, or otherwise control any product created by a participant during the course of the Prisoner Entrepreneur Education Program, without the participant's written consent.

(d) Participants who successfully complete the Prisoner Entrepreneur Education Program shall be awarded a Certificate of Completion.

(730 ILCS 5/3-12.5-15 new)

Sec. 3-12.5-15. Post-release assistance. Subject to appropriation by the General Assembly, the Prisoner Entrepreneur Education Program may establish post-release assistance to individuals awarded a Certificate of Completion. Post-release assistance may include drafting a resume and cover letter, searching for employment, networking events, or mock interviews.

(730 ILCS 5/3-12.5-20 new)

Sec. 3-12.5-20. Power of Department. The Department of Corrections shall adopt rules as the Director deems necessary to carry out the purposes of this Article.

(730 ILCS 5/3-12.5-25 new)

Sec. 3-12.5-25. Funding. The funding for the Prisoner Entrepreneur Education Program shall be subject to appropriation by the General Assembly.

(730 ILCS 5/3-12.5-30 new)

Sec. 3-12.5-30. Repeal. This Article is repealed 5 years after its effective date.

Section 99. Effective date. This Act takes effect upon becoming law.