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Public Act 097-0501
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| HB0297 Enrolled | LRB097 06432 RLJ 46514 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Task Force on Inventorying Employment |
Restrictions Act is amended by changing Section 15 as follows:
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(20 ILCS 5000/15) |
Sec. 15. Task Force. |
(a) The Task Force on Inventorying Employment Restrictions |
is hereby created in the Illinois Criminal Justice Information |
Authority. The purpose of the Task Force is to review the |
statutes, administrative rules, policies and practices that |
restrict employment of persons with a criminal history, as set |
out in subsection (c) of this Section, and to report to the |
Governor and the General Assembly those employment |
restrictions and their impact on employment opportunities for |
people with criminal records.
The report shall also identify |
any employment restrictions that are not reasonably related to |
public safety. |
(b) Within 60 days after the effective date of this |
amendatory Act of the 97th General Assembly Act, the President |
of the Senate, the Speaker of the House of Representatives, the |
Minority Leader of the Senate, and the Minority Leader of the |
House of Representatives shall each appoint 2 members of the |
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General Assembly to the Task Force. The term of office of any |
member of the public appointed by the President of the Senate, |
the Speaker of the House of Representatives, the Minority |
Leader of the Senate, or the Minority Leader of the House of |
Representatives serving on the effective date of this |
amendatory Act of the 97th General Assembly shall end on that |
date. The Governor shall appoint the Task Force chairperson. In |
addition, the Director or Secretary of each of the following, |
or his or her designee, are members: the Department of Human |
Services, the Department of Corrections, the Department of |
Commerce and Economic Opportunity, the Department of Children |
and Family Services, the Department of Human Rights, the |
Department of Central Management Services, the Department of |
Employment Security, the Department of Public Health, the |
Department of State Police, the Illinois State Board of |
Education, the Illinois Board of Higher Education, and the |
Illinois Community College Board, and the Illinois Criminal |
Justice Information Authority. Members shall not receive |
compensation. The Illinois Criminal Justice Information |
Authority shall provide staff and other assistance to the Task |
Force.
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(c) On or before November 1, 2011 September 1, 2010, all |
State agencies shall produce a report for the Task Force that |
describes the employment restrictions that are based on |
criminal records for each occupation under the agency's |
jurisdiction and that of its boards, if any, including, but not |
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limited to, employment within the agency; employment in |
facilities licensed, regulated, supervised, or funded by the |
agency; employment pursuant to contracts with the agency; and |
employment in occupations that the agency licenses or provides |
certifications to practice. For each occupation subject to a |
criminal records-based restriction, the agency shall set forth |
the following:
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(1) the job title, occupation, job classification, or |
restricted place of employment, including the range of |
occupations affected in such places;
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(2) the statute, regulation, policy, and procedure |
that authorizes the restriction of applicants for |
employment and licensure, current employees, and current |
licenses;
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(3) the substance and terms of the restriction, and
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(A) if the statute, regulation, policy or practice |
enumerates disqualifying offenses, a list of each |
disqualifying offense, the time limits for each |
offense, and the point in time when the time limit |
begins;
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(B) if the statute, regulation, policy or practice |
does not enumerate disqualifying offenses and instead |
provides for agency discretion in determining |
disqualifying offenses, the criteria the agency has |
adopted to apply the disqualification to individual |
cases. Restrictions based on agency discretion |
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include, but are not limited to, restrictions based on |
an offense "related to" the practice of a given |
profession; an offense or act of "moral turpitude"; and |
an offense evincing a lack of "good moral character".
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(4) the procedures used by the agency to identify an |
individual's criminal history, including but not limited |
to disclosures on applications and background checks |
conducted by law enforcement or private entities;
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(5) the procedures used by the agency to determine and |
review whether an individual's criminal history |
disqualifies that individual;
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(6) the year the restriction was adopted, and its |
rationale;
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(7) any exemption, waiver, or review mechanisms |
available to seek relief from the disqualification based on |
a showing of rehabilitation or otherwise, including the |
terms of the mechanism, the nature of the relief it |
affords, and whether an administrative and judicial appeal |
is authorized;
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(8) any statute, rule, policy and practice that |
requires an individual convicted of a felony to have his |
civil rights restored to become qualified for the job; and
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9 copies of the following documents:
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(A) forms, applications, and instructions provided |
to applicants and those denied or terminated from jobs |
or licenses based on their criminal record;
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(B) forms, rules, and procedures that the agency |
employs to provide notice of disqualification, to |
review applications subject to disqualification, and |
to provide for exemptions and appeals of |
disqualification;
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(C) memos, guidance, instructions to staff, |
scoring criteria and other materials used by the agency |
to evaluate the criminal histories of applicants, |
licensees, and employees; and
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(D) forms and notices used to explain waiver, |
exemption and appeals procedures for denial, |
suspensions and terminations of employment or |
licensure based on criminal history.
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(d) Each State agency shall participate in a review to |
determine the impact of the employment restrictions based on |
criminal records and the effectiveness of existing |
case-by-case review mechanisms. The information required under |
this subsection (d) shall be limited to the data and |
information in the possession of the State agency on the |
effective date of this amendatory Act of the 97th General |
Assembly. With respect to compliance with the requirements of |
this subsection (d), a State agency is under no obligation to |
collect additional data or information. For each occupation |
under the agency's jurisdiction for which there are employment |
restrictions based on criminal records, each State agency must |
provide the Task Force with a report, on or before February 1, |
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2012 March 1, 2010, for the previous 2-year period, setting |
forth:
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(1) the total number of people currently employed in |
the occupation whose employment or licensure required |
criminal history disclosure, background checks or |
restrictions;
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(2) the number and percentage of individuals who |
underwent a criminal history background check;
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(3) the number and percentage of individuals who were |
merely required to disclose their criminal history without |
a criminal history background check;
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(4) the number and percentage of individuals who were |
found disqualified based on criminal history disclosure by |
the applicant;
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(5) the number and percentage of individuals who were |
found disqualified based on a criminal history background |
check;
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(6) the number and percentage of individuals who sought |
an exemption or waiver from the disqualification;
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(7) the number and percentage of individuals who sought |
an exemption or waiver who were subsequently granted the |
exemption or waiver at the first level of agency review (if |
multiple levels of review are available);
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(8) the number and percentage of individuals who sought |
an exemption or waiver who were subsequently granted the |
exemption or waiver at the next level of agency review (if |
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multiple levels of review are available);
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(9) the number and percentage of individuals who were |
denied an exemption or waiver at the final level of agency |
review, and then sought review through an administrative |
appeal;
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(10) the number and percentage of individuals who were |
denied an exemption or waiver at the final level of agency |
review, and then sought review through an administrative |
appeal and were then found qualified after such a review;
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(11) the number and percentage of individuals who were |
found disqualified where no waiver or exemption process is |
available;
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(12) the number and percentage of individuals who were |
found disqualified where no waiver or exemption process is |
available and who sought administrative review and then |
were found qualified; and
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(13) if the agency maintains records of active licenses |
or certifications, the executive agency shall provide the |
total number of employees in occupations subject to |
criminal history restrictions.
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(e) (Blank). The Task Force shall report its findings and |
recommendations to the Governor and the General Assembly by |
December 31, 2010.
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(f) The Task Force shall report to the Governor and the |
General Assembly its findings, including recommendations as to |
any employment restrictions that are not reasonably related to |