HR0498 99TH GENERAL ASSEMBLY

HR0498 LRB099 12442 MST 35762 r

HOUSE RESOLUTION

WHEREAS, Illinois citizens who have been convicted of Class X felonies and other felony offenses are unfairly denied opportunities to obtain jobs even after complying with all sentencing and post-sentencing requirements; and

WHEREAS, African-American men are disproportionately affected by policies because too many of them are disqualified from job opportunities and other opportunities; and

WHEREAS, Under the current system, being a formerly incarcerated person essentially amounts to a life sentence of being a second class citizen; and

WHEREAS, Formerly incarcerated citizens depend on the benevolence of school administrators, employers, landlords, and more individuals in order to properly participate in society; and

WHEREAS, There is no current means to rid oneself of the stigma associated with being an ex-felon; and

WHEREAS, Formerly incarcerated citizens should be empowered to determine their own destinies; and

WHEREAS, Formerly incarcerated citizens should be given the same opportunities as other Illinois Citizens to choose where they live, work, and attend school; and

WHEREAS, Formerly incarcerated citizens should be provided with the incentive to conform their behavior to society's standard, which will increase public safety; and

WHEREAS, A person should not have to continue to pay for something he or she may have done years ago after complying with all sentencing requirements; and

WHEREAS, Having job opportunities and having one's record sealed will reduce recidivism; and

WHEREAS, Innocent individuals are also hurt by current policies because sometimes the innocent get convicted or plead guilty to felonies; and

WHEREAS, Discriminatory policies created by administrators, employers, and legislators amount to post-incarceration sentencing equating to double jeopardy; and

WHEREAS, If a person is no longer incarcerated, he or she is not serving a de jure life sentence, so it is immoral to be serving a de facto life sentence (void of sufficient job opportunities); and

WHEREAS, The lack of sufficient criminal sealing protections entails the creation of a permanently dependent class of individuals; and

WHEREAS, Many of those individuals cannot earn a living and are forced to prey upon those who do or to earn a living by obtaining entitlements or sponging off law-abiding citizens; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Governor's Commission on Criminal Justice and Sentencing Reform (Executive Order 15-14) to study issues and permit, to the extent that such a determination is appropriate, the mentioned members of the vulnerable population to have a chance to relieve themselves of the stigma of being convicted felons and to have a chance to obtain jobs by having their records sealed (and through any other means) so long as they comply with the following steps:

1) Complete parole/probation;

2) Complete any required drug treatment program, anger management program, psychological testing, and anything else required;

3) Obtain a G.E.D., high school diploma, or something equivalent to the mentioned;

4) Employed, actively seeking employment, enrolled in vocational training, or enrolled in a college program;

5) Does not have any felony conviction for a period of time commensurate with the severity of their convictions (e.g., for 1, 3, 5, or 7 years, etc.)

6) So long as a formerly incarcerated Illinois citizen successfully complies with the above steps, unless he or she is a registered sex offender, then his or her record must forever be sealed unless he or she commits another felony; and

7) A person who is a registered sex offender must have his or her situation reviewed by a review board to determine whether the person may have his or her record sealed; and be it further

RESOLVED, That a suitable copy of this resolution be presented to the Governor's Commission on Criminal Justice and Sentencing Reform.