Illinois General Assembly - Full Text of HB3702
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Full Text of HB3702  103rd General Assembly




HB3702 EnrolledLRB103 30119 SPS 56543 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Energy Transition Act is amended by
5changing Section 5-50 as follows:
6    (20 ILCS 730/5-50)
7    (Section scheduled to be repealed on September 15, 2045)
8    Sec. 5-50. Returning Residents Clean Jobs Training
10    (a) Subject to appropriation, the Department shall develop
11and, in coordination with the Department of Corrections,
12administer the Returning Residents Clean Jobs Training
14    (b) As used in this Section:
15    "Commitment" means a judicially determined placement in
16the custody of the Department of Corrections on the basis of a
18    "Committed person" means a person committed to the
19Department of Corrections.
20    "Community-based organization" means an organization that:
21        (1) provides employment, skill development, or related
22    services to members of the community;
23        (2) includes community colleges, nonprofits, and local



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1    governments; and
2        (3) has a history of serving committed persons or
3    justice-involved persons.
4    "Correctional institution or facility" means a Department
5of Corrections building or part of a Department of Corrections
6building where committed persons are detained in a secure
8    "Department" means the Department of Commerce and Economic
10    "Discharge" means the end of a sentence or the final
11termination of a detainee's physical commitment to and
12confinement in the Department of Corrections.
13    "Location" means where the returning resident is
14physically located, such as:
15        (1) a correctional institution or facility;
16        (2) a county;
17        (3) a municipality or town; and
18        (4) a place of employment.
19    "Program" means the Returning Residents Clean Jobs
20Training Program.
21    "Program Administrator" means, for each Program Delivery
22Area, the administrator selected by the Department pursuant to
23paragraph (1) of subsection (g) of this Section.
24    "Returning resident" means any United States resident who
25is: (i) 17 years of age or older; (ii) in the physical custody
26of the Department of Corrections; and (iii) scheduled to be



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1re-entering society within 36 months.
2    (c) Returning Residents Clean Jobs Training Program.
3        (1) Connected services. The Program shall prepare
4    graduates to work in the clean energy and related sector
5    jobs as defined in Section 5-25.
6        (2) Recruitment of participants. The Program
7    Administrators shall, in coordination with the Department
8    of Commerce and Economic Opportunity, educate committed
9    persons in both men's and women's correctional
10    institutions and facilities on the benefits of the Program
11    and how to enroll in the Program.
12        (3) Connection to employers. The Program
13    Administrators shall, with assistance from the Regional
14    Administrators, connect Program graduates with potential
15    employers in the clean energy jobs industries.
16        (4) Graduation. Participants who successfully complete
17    all assignments in the Program shall receive a Program
18    graduation certificate and any certifications or
19    credentials earned in the process.
20        (5) Eligibility. A committed person in a correctional
21    institution or facility is eligible if the committed
22    person:
23            (i) is within 36 months of expected release;
24            (ii) consented in writing to participation in the
25        Program;
26            (iii) meets all Program and testing requirements;



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1            (iv) is willing to follow all Program
2        requirements; and
3            (v) does not pose a safety and security risk for
4        the facility or any person.
5    The Department of Corrections shall have sole discretion
6to determine whether a committed person's participation in the
7Program poses a safety and security risk for the facility or
8any person. The Department of Corrections shall determine
9whether a committed person is eligible to participate in the
11    (d) Program entry and testing requirements. To enter the
12Returning Residents Clean Jobs Training Program, committed
13persons must complete a simple application, undergo an
14interview and coaching session, and must score a minimum of a
156.0 or above on the Test for Adult Basic Education or the
16Illinois Community College Board approved assessment for
17determining basic skills deficiency. The Returning Residents
18Clean Jobs Training Program shall include a one-week
19pre-program orientation that ensures the candidates understand
20and are interested in continuing the Program. Candidates that
21successfully complete the orientation may continue to the full
23    (d-5) Training. Once approved for the new program,
24candidates must receive essential employability skills
25training as part of vocational or occupational training.
26Training must lead to certifications or credentials that



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1prepare candidates for employment.
2    (e) Removal from the Program. The Department of
3Corrections may remove a committed person enrolled in the
4Program for violation of institutional rules; failure to
5participate or meet expectations of the Program; failure of a
6drug test; disruptive behavior; or for reasons of safety,
7security, and order of the facility.
8    (f) Drug testing. A clean drug test is required to
9complete the Returning Residents Clean Jobs Training Program.
10A drug test shall be administered at least once prior to
11graduation. The Department of Corrections shall be responsible
12for the drug testing of applicants.
13    (g) Curriculum.
14        (1) The Department of Commerce and Economic
15    Opportunity shall design a curriculum for the Program that
16    is as similar as practical to the Clean Jobs Curriculum
17    and meets in-facility requirements. The curriculum shall
18    focus on preparing graduates for employment in the clean
19    energy and related sector jobs as defined in Section 5-25.
20    The Program shall include structured hands-on activities
21    in correctional institutions or facilities, including
22    classroom spaces and outdoor spaces, to instruct
23    participants in the core curriculum established in this
24    Act. The Department and the Department of Corrections
25    shall work together to ensure all curriculum elements may
26    be available within Department of Corrections facilities.



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1        (2) The Program Administrators shall collaborate to
2    create and publish a guidebook that allows for the
3    implementation of the curriculum and provides information
4    on all necessary and useful resources for Program
5    participants and graduates.
6    (h) Program administration.
7        (1) The Department of Commerce and Economic
8    Opportunity shall select a Program Administrator for each
9    Program Delivery Area to administer and coordinate the
10    Program. The Program Administrators shall have strong
11    capabilities, experience, and knowledge related to program
12    development and economic management; cultural and language
13    competency needed to be effective in the communities to be
14    served; committed persons or justice-involved persons;
15    knowledge and experience in working with providers of
16    clean energy jobs; and awareness of clean energy and
17    related sector trends and activities, workforce
18    development best practices, regional workforce development
19    needs, and community development.
20        The Program Administrator must pass a background check
21    administered by the Department of Corrections and be
22    approved by the Department of Corrections to work within a
23    secure facility prior to being hired by the Department of
24    Commerce and Economic Opportunity for a Program delivery
25    area.
26        (2) The Program Administrators shall:



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1            (i) coordinate with Regional Administrators and
2        the Clean Jobs Workforce Network Program to ensure
3        that execution, performance, partnerships, marketing,
4        and Program access across the State consistent with
5        respecting regional differences;
6            (ii) work with community-based organizations
7        approved to provide industry-recognized credentials or
8        education institutions to deliver the Program;
9            (iii) collaborate to create and publish an
10        employer "Hiring Returning Residents" handbook that
11        includes benefits and expectations of hiring returning
12        residents, guidance on how to recruit, hire, and
13        retain returning residents, guidance on how to access
14        State and federal tax credits and incentives and State
15        and federal resources, guidance on how to update
16        company policies to support hiring and supporting
17        returning residents, and an understanding of the harm
18        in one-size-fits-all policies toward returning
19        residents. The handbook shall be updated every 5 years
20        or more frequently if needed to ensure that its
21        contents are accurate. The handbook shall be made
22        available on the Department's website;
23            (iv) work with potential employers to promote
24        company policies to support hiring and supporting
25        returning residents via employee/employer liability,
26        coverage, insurance, bonding, training, hiring



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1        practices, and retention support;
2            (v) provide services such as job coaching and
3        financial coaching to Program graduates to support
4        employment longevity; and
5            (vi) identify clean energy job opportunities and
6        assist participants in achieving employment. The
7        Program shall include at least one job fair; include
8        job placement discussions with clean energy employers;
9        establish a partnership with Illinois solar energy
10        businesses and trade associations to identify solar
11        employers that support and hire returning residents;
12        and involve the Department of Commerce and Economic
13        Opportunity, Regional Administrators, and the Advisory
14        Council in finding employment for participants and
15        graduates in the clean energy and related sector
16        industries.
17        (3) The Department shall select community-based
18    organizations to provide Program elements at each
19    facility. Community-based organizations shall be
20    competitively selected by the Department of Commerce and
21    Economic Opportunity. Community-based organizations
22    delivering the Program elements outlined may provide all
23    elements required or may subcontract to other entities for
24    the provision of portions of Program elements. All
25    contractors who have regular interactions with committed
26    persons, regularly access a Department of Corrections



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1    facility, or regularly access a committed person's
2    personal identifying information or other data elements
3    must pass a Department of Corrections background check
4    prior to being approved to administer the Program elements
5    at a facility.
6        (4) The Department of Corrections shall aim to include
7    training in conjunction with other pre-release procedures
8    and movements. Delays in a workshop being provided shall
9    not cause delays in discharge.
10        (5) The Program Administrators may establish shortened
11    Returning Resident Clean Jobs Training Programs to prepare
12    and place graduates in the Clean Jobs Workforce Network
13    Program or the Illinois Climate Works Preapprenticeship
14    Program following the graduate's release from commitment.
15    Graduates of these programs shall receive training that
16    leads to certification or credentials designed to lead to
17    employment and shall be prioritized for placement in a
18    Clean Jobs Workforce Hubs training program or the Illinois
19    Climate Works Preapprenticeship Program.
20        (6) The Director of Corrections shall:
21            (i) Ensure that the wardens or superintendents of
22        all correctional institutions and facilities visibly
23        post information on the Program in an accessible
24        manner for committed individuals.
25            (ii) Identify the institutions and facilities
26        within the Department of Corrections that will offer



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1        the Program. The determination of which facility will
2        offer the Program shall be based on available
3        programming space, staffing, population, facility
4        mission, security concerns, and any other relevant
5        factor in determining suitable locations for the
6        Program.
7    (i) Performance metrics.
8        (1) The Program Administrators shall collect and
9    disaggregate data by race, ethnicity, gender, age, and
10    location to evaluate and ensure Program and participant
11    success. This data shall be shared with the Office of
12    Equity and shall include , including:
13            (i) the number of returning residents who enrolled
14        in the Program;
15            (ii) the number of returning residents who were
16        accepted for enrollment into completed the Program;
17            (iii) the total number of returning residents who
18        applied for and were denied for enrollment into the
19        Program individuals discharged;
20            (iv) the demographics of each entering and
21        graduating class;
22            (v) the percentage of graduates employed at 6 and
23        12 months after release;
24            (vi) the number of returning residents who did not
25        complete the Program the recidivism rate of Program
26        participants at 3 and 5 years after release;



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1            (vii) the total number of individuals discharged
2        the candidates interviewed and hiring status;
3            (viii) the graduate employment status, such as
4        hire date, pay rates, whether full-time, part-time, or
5        seasonal, and separation date; and
6            (ix) continuing education and certifications
7        gained by Program graduates; .
8            (x) the recidivism rate of Program participants at
9        1, 3, 5, 7, and 10 years after release;
10            (xi) the candidates interviewed and their hiring
11        status;
12            (xii) the number of returning residents who
13        enrolled in the Program and were removed;
14            (xiii) the number of returning residents who
15        graduated from the Program and remained employed in
16        the clean energy industry within one year and 3 years
17        after release. If practicable, the Department shall
18        consult with the Department of Employment Security to
19        also provide this data for 5, 7, and 10 years after
20        release;
21            (xiv) the number of returning residents who
22        graduated from the Program and changed employment in
23        the clean energy industry within one year and 3 years
24        after release. If practicable, the Department shall
25        consult with the Department of Employment Security to
26        also provide this data for 5, 7, and 10 years after



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1        release;
2            (xv) the number of returning residents who
3        graduated from the Program and separated from
4        employment in the clean energy industry and received
5        employment in another industry within one year and 3
6        years after release. If practicable, the Department
7        shall consult with the Department of Employment
8        Security to provide this data for 5, 7, and 10 years
9        after release; and
10            (xvi) the number of returning residents who
11        completed the Program.
12        (2) The Department of Commerce and Economic
13    Opportunity shall publish an annual report containing
14    these performance metrics. Data may be disaggregated by
15    institution, discharge, or residence address of resident,
16    and other factors.
17    (j) Funding. Funding for the Program is subject to
18appropriation from the Energy Transition Assistance Fund.
19Funding may be made available from other lawful sources,
20including donations, grants, and federal incentives.
21    (k) Access. The Program instructors and staff must pass a
22background check administered by the Department of Corrections
23prior to entering a Department of Corrections institution or
24facility. The Warden or Superintendent shall have the
25authority to deny a Program instructor or staff member entry
26into an institution or facility for safety and security



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1concerns or failure to follow all facility procedures or
2protocols. A Program instructor or staff member administering
3the Program may be terminated or have his or her contract
4canceled if the Program instructor or staff member is denied
5entry into an institution or facility for safety and security
7(Source: P.A. 102-662, eff. 9-15-21.)