State of Illinois Pat Quinn, Governor Illinois Criminal Justice Information Authority Jack Cutrone INVENTORYING EMPLOYMENT RESTRICTIONS TASK FORCE FINAL REPORT Submitted to the Illinois Office of the Governor and the Illinois General Assembly June 28, 2013 Illinois Criminal Justice Information Authority Inventorying Employment Restrictions Task Force Final Report Acknowledgements The Task Force would like to acknowledge the efforts and participation of the many individuals and organizations who contributed valuable input and guidance in its work. Illinois Criminal Justice Information Authority Mark Myrent, Director of Research Idetta Phillips, Project Manager Christine Devitt Westley, Senior Research Analyst Junaid Afeef, Associate General Counsel Simeon Kim, Associate General Counsel Shamsideen Balogun, Research Analyst Nadia Shamsi, Legal Intern Daniel Lawrence, Research Intern Also State Sen. Tom Johnson (retired); Tanisha Wilborn, US. Equal Employment Opportunity Commission; Tom Grippando; Anthony Lowry, Safer Foundation; Todd Belcore, Sargent Shriver National Center on Poverty Law; Michelle Jackson, CMS; John Lagattuta and Tiffany Kay, IDFPR; Tammi Kestel, ISP; Christina Griffin and Debbie Hensey, CMS; Antoinette Golden, IDES; Dr. Kisha Hart; Rukhaya Alikhan, Office of the Governor; Victor Gaskins and Maurice Hayes, St. Leonard’s Ministries; Geraldine Smith and Dolphin Morris, Life Builders United; Paul McKinley, Voice of the Ex-Offender; Ms. Evelyn Johnson, A New Beginning Start Now. Inventorying Employment Restrictions Task Force Members The members of the Task Force are determined by the Task Force on Inventorying Employment Restrictions Act (20 ILCS 5000/15) Jeffrey Shuck, Chairman Illinois Board of Higher Education Department of Central Management Harry Berman, Executive Director Services Karen Helland (designee) Illinois Criminal Justice Information Illinois Community College Board Authority Karen Anderson, Executive Director Jack Cutrone, Executive Director Ellen Andres (designee) Vice-Chair Mark Myrent (designee) Illinois Department of Commerce and Economic Opportunity Illinois House of Representatives Adam Pollet, Director Rep. Mary Flowers Emily Monk (designee) Illinois House of Representatives Illinois Department of Corrections Rep. Jim Sacia S.A. Godinez, Director Daryl Jones (designee) Illinois House of Representatives Rep. Jil Tracy Illinois Department of Employment Security Jay Rowell, Director Illinois Senate Betty Torres (designee) Sen. Kimberly Lightford Illinois Department of Human Rights Department of Central Management Rocco Claps, Director Services Hector Villagrana (designee), Human Rights Malcolm Weems, Director Work Group Chair Chimaobi Enyia (designee) Illinois Department of Public Health Department of Children and Family Services LaMar Hasbrouck, Director Richard Calica, Director Jason Boltz (designee) Shelia Riley (designee), Licensing Work Group Chair Illinois State Board of Education Christopher Koch, Superintendent Department of Human Services Donald Evans (designee), Education Work Michelle Saddler, Secretary Group Chair Elizabeth Sarmiento (designee), State Hiring Work Group Chair Illinois State Police Hiram Grau, Director John Garner (designee) ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY 300 W. Adams Street Suite 200 Chicago, Illinois 60606 (312) 793-8550 June 28, 2013 To the Honorable Members of the General Assembly: Illinois Public Act 96-0593, originally signed in 2009 and amended in 2012 (20 ILCS 5000), created the Task Force on Inventorying Employment Restrictions and called for the work to be conducted within the Illinois Criminal Justice Information Authority. The legislation provides that the Task Force review the statutes, administrative rules, policies, and practices that restrict employment of persons with criminal history and report its findings and recommendations to the Governor and General Assembly by July 1, 2013. In response to that legislative mandate, we are pleased to announce online access to the Final Report of the Task Force on Inventorying Employment Restrictions. This report may be viewed and downloaded at www.icjia.org/IERTF2013. Gainful employment after release from prison is one of the critical elements necessary to achieve successful reentry, and employment has been shown to reduce recidivism. It is our expectation that the information and recommendations in this report will help inform members of the General Assembly of measures that can empower the State's agencies, boards, and commissions to assume a leadership role in providing employment opportunities to people with criminal records while guarding against inappropriate discrimination and yet retaining for employing agencies and those charged with the responsibility of issuing licenses or certifications the broadest appropriate degree of professional discretion. Legislative actions that cause State hiring and licensing bodies to review and revise their employment and licensure policies and practices consistent with our recommendations, and identify barriers to employment and licensure that can safely and responsibly be removed, will help accomplish this goal. Sincerely, Jeffrey A. Shuck Jack Cutrone Deputy General Counsel (Personnel) Executive Director Central Management Services Illinois Criminal Justice Information Authority Task Force Chair Task Force Member Fax: (312) 793-8422 TDD: (312) 793-4170 www.icjia.state.il.us ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY 300 W. Adams Street Suite 200 Chicago, Illinois 60606 (312) 793-8550 June 28, 2013 The Honorable Pat Quinn Governor of Illinois State House 207 Springfield, Il 62706 To Governor Pat Quinn: Illinois Public Act 96-0593, originally signed in 2009 and amended in 2012 (20 ILCS 5000), created the Task Force on Inventorying Employment Restrictions and called for the work to be conducted within the Illinois Criminal Justice Information Authority. The legislation provides that the Task Force review the statutes, administrative rules, policies, and practices that restrict employment of persons with criminal history and report its findings and recommendations to the Governor and General Assembly by July 1, 2013. In response to that legislative mandate, we are pleased to announce online access to the Final Report of the Task Force on Inventorying Employment Restrictions. This report may be viewed and downloaded at www.icjia.org/IERTF2013. Gainful employment after release from prison is one of the critical elements necessary to achieve successful reentry, and employment has been shown to reduce recidivism. It is our expectation that the information and recommendations in this report will help inform the Office of the Governor of measures that can empower the State's agencies, boards, and commissions to assume a leadership role in providing employment opportunities to people with criminal records while guarding against inappropriate discrimination and yet retaining for employing agencies and those charged with the responsibility of issuing licenses or certifications the broadest appropriate degree of professional discretion. Executive branch actions, perhaps in tandem with legislative efforts, that cause State hiring and licensing bodies to review and revise their employment and licensure policies and practices consistent with our recommendations, and identify barriers to employment and licensure that can safely and responsibly be removed, will help accomplish this goal. Sincerely, Jeffrey A. Shuck Jack Cutrone Deputy General Counsel (Personnel) Executive Director Central Management Services Illinois Criminal Justice Information Authority Task Force Chair Task Force Member Fax: (312) 793-8422 TDD: (312) 793-4170 www.icjia.state.il.us Table of Contents I. Executive Summary ......................................................................................... 4 II. Task Force Objectives .................................................................................... 9 Legislative intent of the Inventorying Employment Restrictions Act ................. 9 Scope of work .................................................................................................. 9 Work group duties and assignments ............................................................. 11 III. Background .................................................................................................. 12 Role of the Equal Employment Opportunity Commission .............................. 13 Determining disparate impact in Illinois ......................................................... 16 Testimony by ex-offenders regarding employment restrictions ..................... 19 IV. The current role of criminal history background checks in state hiring and occupational licensing ................................................................... 20 The overall state hiring process ..................................................................... 20 The role of Central Management Services (CMS) in establishing eligible job candidates ................................................................................................ 20 Non-Personnel Code agencies ...................................................................... 24 Screening processes for occupations subject to licensing and certification ... 25 Illinois State Police (ISP) criminal background check process ...................... 26 V. Summary of state agency employment restrictions ................................. 28 Collation of employment restrictions materials by ICJIA staff .......................