Full Text of HB3702 103rd General Assembly
HB3702sam002 103RD GENERAL ASSEMBLY | Sen. Willie Preston Filed: 5/5/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3702
| 2 | | AMENDMENT NO. ______. Amend House Bill 3702 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Energy Transition Act is amended by | 5 | | changing Section 5-50 as follows: | 6 | | (20 ILCS 730/5-50) | 7 | | (Section scheduled to be repealed on September 15, 2045)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 | 9 | | Program.
| 10 | | (a) Subject to appropriation, the Department shall develop | 11 | | and, in coordination with the Department of Corrections, | 12 | | administer the Returning Residents Clean Jobs Training | 13 | | Program.
| 14 | | (b) As used in this Section:
| 15 | | "Commitment" means a judicially determined placement in | 16 | | the custody of the Department of Corrections on the basis of a |
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| 1 | | conviction.
| 2 | | "Committed person" means a person committed to the | 3 | | Department of Corrections.
| 4 | | "Community-based organization" means an organization that: | 5 | | (1) provides employment, skill development, or related | 6 | | services to members of the community; | 7 | | (2) includes community colleges, nonprofits, and local | 8 | | governments; and | 9 | | (3) has a history of serving committed persons or | 10 | | justice-involved persons.
| 11 | | "Correctional institution or facility" means a Department | 12 | | of Corrections building or part of a Department of Corrections | 13 | | building where committed persons are detained in a secure | 14 | | manner.
| 15 | | "Department" means the Department of Commerce and Economic | 16 | | Opportunity.
| 17 | | "Discharge" means the end of a sentence or the final | 18 | | termination of a detainee's physical commitment to and | 19 | | confinement in the Department of Corrections.
| 20 | | "Location" means where the returning resident is | 21 | | physically located, such as: | 22 | | (1) a correctional institution or facility; | 23 | | (2) a county; | 24 | | (3) a municipality or town; and | 25 | | (4) a place of employment. | 26 | | "Program" means the Returning Residents Clean Jobs |
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| 1 | | Training Program. | 2 | | "Program Administrator" means, for each Program Delivery | 3 | | Area, the administrator selected by the Department pursuant to | 4 | | paragraph (1) of subsection (g) of this Section.
| 5 | | "Returning resident" means any United States resident who | 6 | | is: (i) 17 years of age or older; (ii) in the physical custody | 7 | | of the Department of Corrections; and (iii) scheduled to be | 8 | | re-entering society within 36 months.
| 9 | | (c) Returning Residents Clean Jobs Training Program.
| 10 | | (1) Connected services. The Program shall prepare | 11 | | graduates to work in the clean energy and related sector | 12 | | jobs as defined in Section 5-25.
| 13 | | (2) Recruitment of participants. The Program | 14 | | Administrators shall, in coordination with the Department | 15 | | of Commerce and Economic Opportunity, educate committed | 16 | | persons in both men's and women's correctional | 17 | | institutions and facilities on the benefits of the Program | 18 | | and how to enroll in the Program.
| 19 | | (3) Connection to employers. The Program | 20 | | Administrators shall, with assistance from the Regional | 21 | | Administrators, connect Program graduates with potential | 22 | | employers in the clean energy jobs industries.
| 23 | | (4) Graduation. Participants who successfully complete | 24 | | all assignments in the Program shall receive a Program | 25 | | graduation certificate and any certifications or | 26 | | credentials earned in the process.
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| 1 | | (5) Eligibility. A committed person in a correctional | 2 | | institution or facility is eligible if the committed | 3 | | person:
| 4 | | (i) is within 36 months of expected release;
| 5 | | (ii) consented in writing to participation in the | 6 | | Program; | 7 | | (iii) meets all Program and testing requirements;
| 8 | | (iv) is willing to follow all Program | 9 | | requirements;
and | 10 | | (v) does not pose a safety and security risk for | 11 | | the facility or any person.
| 12 | | The Department of Corrections shall have sole discretion | 13 | | to determine whether a committed person's participation in the | 14 | | Program poses a safety and security risk for the facility or | 15 | | any person. The Department of Corrections shall determine | 16 | | whether a committed person is eligible to participate in the | 17 | | Program.
| 18 | | (d) Program entry and testing requirements. To enter the | 19 | | Returning Residents Clean Jobs Training Program, committed | 20 | | persons must complete a simple application, undergo an | 21 | | interview and coaching session, and must score a minimum of a | 22 | | 6.0 or above on the Test for Adult Basic Education or the | 23 | | Illinois Community College Board approved assessment for | 24 | | determining basic skills deficiency. The Returning Residents | 25 | | Clean Jobs Training Program shall include a one-week | 26 | | pre-program orientation that ensures the candidates understand |
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| 1 | | and are interested in continuing the Program. Candidates that | 2 | | successfully complete the orientation may continue to the full | 3 | | Program.
| 4 | | (d-5) Training. Once approved for the new program, | 5 | | candidates must receive essential employability skills | 6 | | training as part of vocational or occupational training. | 7 | | Training must lead to certifications or credentials that | 8 | | prepare candidates for employment. | 9 | | (e) Removal from the Program. The Department of | 10 | | Corrections may remove a committed person enrolled in the | 11 | | Program for violation of institutional rules; failure to | 12 | | participate or meet expectations of the Program; failure of a | 13 | | drug test; disruptive behavior; or for reasons of safety, | 14 | | security, and order of the facility.
| 15 | | (f) Drug testing. A clean drug test is required to | 16 | | complete the Returning Residents Clean Jobs Training Program. | 17 | | A drug test shall be administered at least once prior to | 18 | | graduation. The Department of Corrections shall be responsible | 19 | | for the drug testing of applicants.
| 20 | | (g) Curriculum.
| 21 | | (1) The Department of Commerce and Economic | 22 | | Opportunity shall design a curriculum for the Program that | 23 | | is as similar as practical to the Clean Jobs Curriculum | 24 | | and meets in-facility requirements. The curriculum shall | 25 | | focus on preparing graduates for employment in the clean | 26 | | energy and related sector jobs as defined in Section 5-25. |
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| 1 | | The Program shall include structured hands-on activities | 2 | | in correctional institutions or facilities, including | 3 | | classroom spaces and outdoor spaces, to instruct | 4 | | participants in the core curriculum established in this | 5 | | Act. The Department and the Department of Corrections | 6 | | shall work together to ensure all curriculum elements may | 7 | | be available within Department of Corrections facilities.
| 8 | | (2) The Program Administrators shall collaborate to | 9 | | create and publish a guidebook that allows for the | 10 | | implementation of the curriculum and provides information | 11 | | on all necessary and useful resources for Program | 12 | | participants and graduates.
| 13 | | (h) Program administration.
| 14 | | (1) The Department of Commerce and Economic | 15 | | Opportunity shall select a Program Administrator for each | 16 | | Program Delivery Area to administer and coordinate the | 17 | | Program. The Program Administrators shall have strong | 18 | | capabilities, experience, and knowledge related to program | 19 | | development and economic management; cultural and language | 20 | | competency needed to be effective in the communities to be | 21 | | served; committed persons or justice-involved persons; | 22 | | knowledge and experience in working with providers of | 23 | | clean energy jobs; and awareness of clean energy and | 24 | | related sector trends and activities, workforce | 25 | | development best practices, regional workforce development | 26 | | needs, and community development. |
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| 1 | | The Program Administrator must pass a background check | 2 | | administered by the Department of Corrections and be | 3 | | approved by the Department of Corrections to work within a | 4 | | secure facility prior to being hired by the Department of | 5 | | Commerce and Economic Opportunity for a Program delivery | 6 | | area.
| 7 | | (2) The Program Administrators shall:
| 8 | | (i) coordinate with Regional Administrators and | 9 | | the Clean Jobs Workforce Network Program to ensure | 10 | | that execution, performance, partnerships, marketing, | 11 | | and Program access across the State consistent with | 12 | | respecting regional differences;
| 13 | | (ii) work with community-based organizations | 14 | | approved to provide industry-recognized credentials or | 15 | | education institutions to deliver the Program;
| 16 | | (iii) collaborate to create and publish an | 17 | | employer "Hiring Returning Residents" handbook that | 18 | | includes benefits and expectations of hiring returning | 19 | | residents, guidance on how to recruit, hire, and | 20 | | retain returning residents, guidance on how to access | 21 | | State and federal tax credits and incentives and State | 22 | | and federal resources, guidance on how to update | 23 | | company policies to support hiring and supporting | 24 | | returning residents, and an understanding of the harm | 25 | | in one-size-fits-all policies toward returning | 26 | | residents. The handbook shall be updated every 5 years |
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| 1 | | or more frequently if needed to ensure that its | 2 | | contents are accurate. The handbook shall be made | 3 | | available on the Department's website;
| 4 | | (iv) work with potential employers to promote | 5 | | company policies to support hiring and supporting | 6 | | returning residents via employee/employer liability, | 7 | | coverage, insurance, bonding, training, hiring | 8 | | practices, and retention support;
| 9 | | (v) provide services such as job coaching and | 10 | | financial coaching to Program graduates to support | 11 | | employment longevity;
and | 12 | | (vi) identify clean energy job opportunities and | 13 | | assist participants in achieving employment. The | 14 | | Program shall include at least one job fair; include | 15 | | job placement discussions with clean energy employers; | 16 | | establish a partnership with Illinois solar energy | 17 | | businesses and trade associations to identify solar | 18 | | employers that support and hire returning residents; | 19 | | and involve the Department of Commerce and Economic | 20 | | Opportunity, Regional Administrators, and the Advisory | 21 | | Council in finding employment for participants and | 22 | | graduates in the clean energy and related sector | 23 | | industries. | 24 | | (3) The Department shall select community-based | 25 | | organizations to provide Program elements at each | 26 | | facility. Community-based organizations shall be |
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| 1 | | competitively selected by the Department of Commerce and | 2 | | Economic Opportunity. Community-based organizations | 3 | | delivering the Program elements outlined may provide all | 4 | | elements required or may subcontract to other entities for | 5 | | the provision of portions of Program elements. All | 6 | | contractors who have regular interactions with committed | 7 | | persons, regularly access a Department of Corrections | 8 | | facility, or regularly access a committed person's | 9 | | personal identifying information or other data elements | 10 | | must pass a Department of Corrections background check | 11 | | prior to being approved to administer the Program elements | 12 | | at a facility.
| 13 | | (4) The Department of Corrections shall aim to include | 14 | | training in conjunction with other pre-release procedures | 15 | | and movements. Delays in a workshop being provided shall | 16 | | not cause delays in discharge.
| 17 | | (5) The Program Administrators may establish shortened | 18 | | Returning Resident Clean Jobs Training Programs to prepare | 19 | | and place graduates in the Clean Jobs Workforce Network | 20 | | Program or the Illinois Climate Works Preapprenticeship | 21 | | Program following the graduate's release from commitment. | 22 | | Graduates of these programs shall receive training that | 23 | | leads to certification or credentials designed to lead to | 24 | | employment and shall be prioritized for placement in a | 25 | | Clean Jobs Workforce Hubs training program or the Illinois | 26 | | Climate Works Preapprenticeship Program.
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| 1 | | (6) The Director of Corrections shall:
| 2 | | (i) Ensure that the wardens or superintendents of | 3 | | all correctional institutions and facilities visibly | 4 | | post information on the Program in an accessible | 5 | | manner for committed individuals.
| 6 | | (ii) Identify the institutions and facilities | 7 | | within the Department of Corrections that will offer | 8 | | the Program. The determination of which facility will | 9 | | offer the Program shall be based on available | 10 | | programming space, staffing, population, facility | 11 | | mission, security concerns, and any other relevant | 12 | | factor in determining suitable locations for the | 13 | | Program.
| 14 | | (i) Performance metrics.
| 15 | | (1) The Program Administrators shall collect and | 16 | | disaggregate data by race, ethnicity, gender, age, and | 17 | | location to evaluate and ensure Program and participant | 18 | | success . This data shall be shared with the Office of | 19 | | Equity and shall include , including :
| 20 | | (i) the number of returning residents who enrolled | 21 | | in the Program;
| 22 | | (ii) the number of returning residents who were | 23 | | accepted for enrollment into completed the Program;
| 24 | | (iii) the total number of returning residents who | 25 | | applied for and were denied for enrollment into the | 26 | | Program individuals discharged ;
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| 1 | | (iv) the demographics of each entering and | 2 | | graduating class;
| 3 | | (v) the percentage of graduates employed at 6 and | 4 | | 12 months after release;
| 5 | | (vi) the number of returning residents who did not | 6 | | complete the Program the recidivism rate of Program | 7 | | participants at 3 and 5 years after release ;
| 8 | | (vii) the total number of individuals discharged | 9 | | the candidates interviewed and hiring status ;
| 10 | | (viii) the graduate employment status, such as | 11 | | hire date, pay rates, whether full-time, part-time, or | 12 | | seasonal, and separation date; and
| 13 | | (ix) continuing education and certifications | 14 | | gained by Program graduates ; .
| 15 | | (x) the recidivism rate of Program participants at | 16 | | 1, 3, 5, 7, and 10 years after release; | 17 | | (xi) the candidates interviewed and their hiring | 18 | | status; | 19 | | (xii) the number of returning residents who | 20 | | enrolled in the Program and were removed; | 21 | | (xiii) the number of returning residents who | 22 | | graduated from the Program and remained employed 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 | | (xiv) the number of returning residents who | 3 | | graduated from the Program and changed employment in | 4 | | the clean energy industry within one year and 3 years | 5 | | after release. If practicable, the Department shall | 6 | | consult with the Department of Employment Security to | 7 | | also provide this data for 5, 7, and 10 years after | 8 | | release; | 9 | | (xv) the number of returning residents who | 10 | | graduated from the Program and separated from | 11 | | employment in the clean energy industry and received | 12 | | employment in another industry within one year and 3 | 13 | | years after release. If practicable, the Department | 14 | | shall consult with the Department of Employment | 15 | | Security to provide this data for 5, 7, and 10 years | 16 | | after release; and | 17 | | (xvi) the number of returning residents who | 18 | | completed the Program. | 19 | | (2) The Department of Commerce and Economic | 20 | | Opportunity shall publish an annual report containing | 21 | | these performance metrics. Data may be disaggregated by | 22 | | institution, discharge, or residence address of resident, | 23 | | and other factors.
| 24 | | (j) Funding. Funding for the Program is subject to | 25 | | appropriation from the Energy Transition Assistance Fund. | 26 | | Funding may be made available from other lawful sources, |
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| 1 | | including donations, grants, and federal incentives. | 2 | | (k) Access. The Program instructors and staff must pass a | 3 | | background check administered by the Department of Corrections | 4 | | prior to entering a Department of Corrections institution or | 5 | | facility. The Warden or Superintendent shall have the | 6 | | authority to deny a Program instructor or staff member entry | 7 | | into an institution or facility for safety and security | 8 | | concerns or failure to follow all facility procedures or | 9 | | protocols. A Program instructor or staff member administering | 10 | | the Program may be terminated or have his or her contract | 11 | | canceled if the Program instructor or staff member is denied | 12 | | entry into an institution or facility for safety and security | 13 | | concerns.
| 14 | | (Source: P.A. 102-662, eff. 9-15-21.)".
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