Rep. Carol Ammons

Creates the Employee Background Fairness Act. Provides that an employer may not refuse to hire an individual and may not discharge an individual because of the individual's criminal history unless the individual has one or more convictions and there is a direct relationship between one of more of an individual's convictions and the specific employment sought. Prohibits retaliation for exercising rights under the Act. Provides that an individual denied or discharged from employment because of his or her criminal history in violation of the Act may recover from the employer in a civil action: (1) damages in the amount of $2,000 or actual damages, whichever is greater; (2) costs and reasonable attorney's fees as allowed by the court; and (3) any other appropriate relief, including punitive damages. Defines terms. Effective immediately.

Amends the Counties Code. Provides that a chairman of a county board who is chosen by the board may be removed, with or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board. Provides that upon adoption of a motion to remove the chairman: (i) the chairman position becomes vacant the and former chairman's compensation shall be prorated to the date the motion was approved; (ii) the vice-chairman immediately assumes the duties of chairman without chairman compensation; and (iii) a new chairman shall be elected at the next regularly scheduled county board meeting. Further provides that a chairman removed maintains his or her status as a member of the county board. Effective immediately.

Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.

Congratulates University of Illinois and Northern Illinois University students and their advisors for their creativity and inquisitiveness.

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 30 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Department for participation in the Pathway to Community Program, which is a 5-year pilot program within the Department of Corrections. Provides that a maximum of 15 males and a maximum of 15 females may be selected for the Program. Excludes from the Program persons convicted of first degree murder of a peace officer or firefighter and sexual predators. Establishes eligibility requirements for the Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall notify the victim and the family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Provides that optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Provides that time served in the Program shall be credited toward time served on the sentence. Provides that the Program is terminated 6 years after the effective date of the amendatory Act. Correctional Note (Dept of Corrections) The impact of this legislation on the Department will depend on how many offenders would be accepted into and complete the Pathway to Community Program, how many offenders would receive executive clemency, how many staff are needed to meet the requirements outlined in this legislation, how victims and their families respond, and how fiscal needs will be met. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown since program participants must petition for Governor clemency to receive an early release from prison based on their progress through the program. Also, though participants may be released from prison before their expected parole or mandatory supervised release date, the end date of their supervised release period does not change, leaving the offender under the jurisdiction of the Department for the entirety of their sentence. Second, House Bill 2400 does not specify the components of an atonement and restorative adjustment program. The Department does not currently operate such a program. In addition, Department efforts are presently focusing on evidence-based programs. Therefore, an atonement and restorative adjustment program would have to be created, or acquired, and this will result in costs for program development and/or acquisition. Staff would have to develop a research design necessary to implement a program with a potentially high success rate for older offenders who have been incarcerated for many years, and then develop and study the specific components. Among many undertakings, staff would have to be trained; selection criteria and methods would have to be developed; policies would be written; means to measure if offenders have demonstrated reform, changed behavior, remorse, and the ability to socialize; renunciation of criminal activity and gang affiliation would have to be identified; and outcome measures would have to be constructed. Moreover, this legislation specifies that offenders must participate for 5 years; however, there is no indication in House Bill 2400 as written for the justification for mandating that time period. The costs for these responsibilities, as well as costs for acquisition of licensed curriculum and supplies, if available, are unknown at this time. Third, House Bill 2400 stipulates that, following completion of this program of atonement and restorative justice, the Department shall make an exhaustive effort to find and notify family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. This presents numerous logistical problems for Department staff. Records are very old, and documents may not identify victims by name or where to contact them after more than 30 years. Department staff currently struggle to get victim information from the courts. Many victims' families would have to be contacted, and if found, may not want to participate in any activities with the offenders, relive the memories, or even be identified at all. Many victims want absolutely nothing to do with their offenders. Correctional staff do not treat victims; there are no staff to perform any necessary therapeutic services to victims. If the victims refuse this service, the Department is unsure if it would be mandated to withhold the program if a victim chooses not to participate. Despite efforts made by centralized program staff, as well as the facility staff, Victims Services is already inundated with work related to assisting the victims of Illinois' 39,000 inmates and 27,000 parolees. current Victim Services staff would not be able to assist in meeting House Bill 2400 provisions. The Department estimates this program would need to be implemented In two facilities, one for males and one for females. The Department also estimates two additional staff members would need to be employed at each facility where Pathway programs are implemented, one to assist in Victim Services and one to assist in the administrative tasks of the program. Staff are estimated at an annual cost of $100,000 each for salary and benefits. Fourth, House Bill 2400 provides that up to $1,000 of trauma-informed victim services or traumacertified professional therapy must be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members' financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense would be provided by the Department at no cost to the family members of the victim. The impact of these fiscal constraints on the Department cannot be identified until the program is implemented, though the number of victims this legislation may address is unknown, and potentially quite large. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown as offenders are not eligible for early release until granted clemency by the Governor based on petitions filed and an offender's program progress, a process that cannot be initiated until more than 5 years after enactment. The Department currently lacks the resources, training, curriculum, victim information, and funding to enact this proposal. House Floor Amendment No. 1 Deletes provision that the Department of Corrections may enter an order releasing and discharging a participant in the Pathway to Community Program from mandatory supervised release if it determines that he or she is likely to remain at liberty without committing another offense.

Amends the Higher Education Student Assistance Act. Provides that, beginning with the 2019-2020 academic year, the Illinois Student Assistance Commission must implement and administer a program to award Early Childhood Workforce Free College grants to all eligible child care workers seeking an associate or bachelor's degree from a public institution or a regionally accredited, online-only early childhood education degree program; defines terms. Specifies grant eligibility and renewal requirements. Creates the Early Childhood Workforce Advisory Committee to advise the Commission on all matters relating to the Early Childhood Workforce Free College grant program and on the ways to improve and expand the early childhood workforce in this State. Provides for the membership and support of the Committee and requires the Committee to (i) study and make recommendations to the Commission that are related to the implementation of the Early Childhood Workforce Free College grant program, (ii) conduct an analysis from data received by the Commission to ensure the program is at full utilization, (iii) address access issues to the program, including, but not limited to, geographic, financial, cultural, and workplace settings, and (iv) address ways to expand the early childhood workforce in this State. Amends the State Finance Act to create the Early Childhood Workforce Free College Fund. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities under the Act, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that on or before July 1, 2019, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $5.25 per hour above the highest applicable federal, State, county, or municipal minimum wage, and on or before that date, other front-line personnel shall earn a commensurate wage. Provides that on or before July 1, 2021, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $6.75 per hour above the highest applicable federal, State, county, or municipal minimum Wage, and on or before July 1, 2021, other front-line personnel shall earn a commensurate wage. Amends the Illinois Public Aid Code to make conforming changes. Effective immediately.

Amends the School Code. Requires a school board to publish a notice that the district's annual statement of affairs is available on the State Board of Education's Internet website and in the district's main administrative office (instead of requiring a summary of the statement of affairs to be published). Effective immediately.

Urges the Illinois Department of Public Health to adopt new guidelines for painkillers.

Creates the Collective Bargaining Freedom Act. Provides that employers and labor organizations covered by the National Labor Relations Act may execute and apply agreements requiring membership in a labor organization as a condition of employment to the fullest extent authorized by the National Labor Relations Act. Provides that it is the policy of the State that employers, employees, and their labor organizations are free to bargain collectively. Provides that the authority to enact laws or rules that restrict the use of union security agreements between an employer and a labor organization vests exclusively with the General Assembly. Prohibits local governments from enforcing any such law or rule. Defines terms. Effective immediately. Senate Committee Amendment No. 1 Changes a reference to federal law with respect to union security agreements from a reference relating to requiring membership in a union in conflict with state law to a reference relating to unfair labor practices in connection with membership in a union. House Committee Amendment No. 1 Deletes provision making a violation of the Act by a local governmental official a Class A misdemeanor.