Public Act 097-1132
 
SB1338 EnrolledLRB097 07075 RLC 47168 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 Task Force on Inventorying Employment 
Restrictions Act is amended  by changing Section 15 as follows:
 
    (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, 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 
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, 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.
 
    (c) On or before November 1, 2011, 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 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:

        (1) the job title, occupation, job classification, or 
    restricted place of employment, including the range of 
    occupations affected in such places;

        (2) the statute, regulation, policy, and procedure 
    that authorizes the restriction of applicants for 
    employment and licensure, current employees, and current 
    licenses;

        (3) the substance and terms of the restriction, and

            (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;

            (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 
        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".

        (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;

        (5) the procedures used by the agency to determine and 
    review whether an individual's criminal history 
    disqualifies that individual;

        (6) the year the restriction was adopted, and its 
    rationale;

        (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;

        (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

    9 copies of the following documents:

            (A) forms, applications, and instructions provided 
        to applicants and those denied or terminated from jobs 
        or licenses based on their criminal record;

            (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;

            (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

            (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.
 
    (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, 
2012, for the previous 2-year period, setting forth:

        (1) the total number of people currently employed in 
    the occupation whose employment or licensure required 
    criminal history disclosure, background checks or 
    restrictions;

        (2) the number and percentage of individuals who 
    underwent a criminal history background check;

        (3) the number and percentage of individuals who were 
    merely required to disclose their criminal history without 
    a criminal history background check;

        (4) the number and percentage of individuals who were 
    found disqualified based on criminal history disclosure by 
    the applicant;

        (5) the number and percentage of individuals who were 
    found disqualified based on a criminal history background 
    check;

        (6) the number and percentage of individuals who sought 
    an exemption or waiver from the disqualification;

        (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);

        (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 
    multiple levels of review are available);

        (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;

        (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;

        (11) the number and percentage of individuals who were 
    found disqualified where no waiver or exemption process is 
    available;

        (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

        (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.

    (e)  (Blank).

    (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 
public safety, by July 1, 2013 September 1, 2012. 
(Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10; 
97-501, eff. 8-23-11.)
 

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