Bill Text: IL HB3702 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes: In provisions concerning program metrics for the Returning Residents Clean Jobs Training Program, provides that Program Administrators shall collect data on the number of returning residents who graduated from the Program and remained employed, changed employment, or separated from employment in the clean energy industry and received employment in another industry within one and 3 years after release (rather than 1, 3, 5, 7, and 10 years after release). Provides that, if practicable, Program Administrators shall consult with the Department of Employment Security to provide this data for 5, 7, and 10 years after release. Provides that the data shall be shared with the Office of Equity. Makes other changes.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0198 [HB3702 Detail]

Download: Illinois-2023-HB3702-Enrolled.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Energy Transition Act is amended by
5changing 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7 (Section scheduled to be repealed on September 15, 2045)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
9Program.
10 (a) Subject to appropriation, the Department shall develop
11and, in coordination with the Department of Corrections,
12administer the Returning Residents Clean Jobs Training
13Program.
14 (b) As used in this Section:
15 "Commitment" means a judicially determined placement in
16the custody of the Department of Corrections on the basis of a
17conviction.
18 "Committed person" means a person committed to the
19Department of Corrections.
20 "Community-based organization" means an organization that:
21 (1) provides employment, skill development, or related
22 services to members of the community;
23 (2) includes community colleges, nonprofits, and local

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1 governments; and
2 (3) has a history of serving committed persons or
3 justice-involved persons.
4 "Correctional institution or facility" means a Department
5of Corrections building or part of a Department of Corrections
6building where committed persons are detained in a secure
7manner.
8 "Department" means the Department of Commerce and Economic
9Opportunity.
10 "Discharge" means the end of a sentence or the final
11termination of a detainee's physical commitment to and
12confinement in the Department of Corrections.
13 "Location" means where the returning resident is
14physically located, such as:
15 (1) a correctional institution or facility;
16 (2) a county;
17 (3) a municipality or town; and
18 (4) a place of employment.
19 "Program" means the Returning Residents Clean Jobs
20Training Program.
21 "Program Administrator" means, for each Program Delivery
22Area, the administrator selected by the Department pursuant to
23paragraph (1) of subsection (g) of this Section.
24 "Returning resident" means any United States resident who
25is: (i) 17 years of age or older; (ii) in the physical custody
26of the Department of Corrections; and (iii) scheduled to be

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1re-entering society within 36 months.
2 (c) Returning Residents Clean Jobs Training Program.
3 (1) Connected services. The Program shall prepare
4 graduates to work in the clean energy and related sector
5 jobs as defined in Section 5-25.
6 (2) Recruitment of participants. The Program
7 Administrators shall, in coordination with the Department
8 of Commerce and Economic Opportunity, educate committed
9 persons in both men's and women's correctional
10 institutions and facilities on the benefits of the Program
11 and how to enroll in the Program.
12 (3) Connection to employers. The Program
13 Administrators shall, with assistance from the Regional
14 Administrators, connect Program graduates with potential
15 employers in the clean energy jobs industries.
16 (4) Graduation. Participants who successfully complete
17 all assignments in the Program shall receive a Program
18 graduation certificate and any certifications or
19 credentials earned in the process.
20 (5) Eligibility. A committed person in a correctional
21 institution or facility is eligible if the committed
22 person:
23 (i) is within 36 months of expected release;
24 (ii) consented in writing to participation in the
25 Program;
26 (iii) meets all Program and testing requirements;

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1 (iv) is willing to follow all Program
2 requirements; and
3 (v) does not pose a safety and security risk for
4 the facility or any person.
5 The Department of Corrections shall have sole discretion
6to determine whether a committed person's participation in the
7Program poses a safety and security risk for the facility or
8any person. The Department of Corrections shall determine
9whether a committed person is eligible to participate in the
10Program.
11 (d) Program entry and testing requirements. To enter the
12Returning Residents Clean Jobs Training Program, committed
13persons must complete a simple application, undergo an
14interview and coaching session, and must score a minimum of a
156.0 or above on the Test for Adult Basic Education or the
16Illinois Community College Board approved assessment for
17determining basic skills deficiency. The Returning Residents
18Clean Jobs Training Program shall include a one-week
19pre-program orientation that ensures the candidates understand
20and are interested in continuing the Program. Candidates that
21successfully complete the orientation may continue to the full
22Program.
23 (d-5) Training. Once approved for the new program,
24candidates must receive essential employability skills
25training as part of vocational or occupational training.
26Training must lead to certifications or credentials that

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1prepare candidates for employment.
2 (e) Removal from the Program. The Department of
3Corrections may remove a committed person enrolled in the
4Program for violation of institutional rules; failure to
5participate or meet expectations of the Program; failure of a
6drug test; disruptive behavior; or for reasons of safety,
7security, and order of the facility.
8 (f) Drug testing. A clean drug test is required to
9complete the Returning Residents Clean Jobs Training Program.
10A drug test shall be administered at least once prior to
11graduation. The Department of Corrections shall be responsible
12for the drug testing of applicants.
13 (g) Curriculum.
14 (1) The Department of Commerce and Economic
15 Opportunity shall design a curriculum for the Program that
16 is as similar as practical to the Clean Jobs Curriculum
17 and meets in-facility requirements. The curriculum shall
18 focus on preparing graduates for employment in the clean
19 energy and related sector jobs as defined in Section 5-25.
20 The Program shall include structured hands-on activities
21 in correctional institutions or facilities, including
22 classroom spaces and outdoor spaces, to instruct
23 participants in the core curriculum established in this
24 Act. The Department and the Department of Corrections
25 shall work together to ensure all curriculum elements may
26 be available within Department of Corrections facilities.

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1 (2) The Program Administrators shall collaborate to
2 create and publish a guidebook that allows for the
3 implementation of the curriculum and provides information
4 on all necessary and useful resources for Program
5 participants and graduates.
6 (h) Program administration.
7 (1) The Department of Commerce and Economic
8 Opportunity shall select a Program Administrator for each
9 Program Delivery Area to administer and coordinate the
10 Program. The Program Administrators shall have strong
11 capabilities, experience, and knowledge related to program
12 development and economic management; cultural and language
13 competency needed to be effective in the communities to be
14 served; committed persons or justice-involved persons;
15 knowledge and experience in working with providers of
16 clean energy jobs; and awareness of clean energy and
17 related sector trends and activities, workforce
18 development best practices, regional workforce development
19 needs, and community development.
20 The Program Administrator must pass a background check
21 administered by the Department of Corrections and be
22 approved by the Department of Corrections to work within a
23 secure facility prior to being hired by the Department of
24 Commerce and Economic Opportunity for a Program delivery
25 area.
26 (2) The Program Administrators shall:

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1 (i) coordinate with Regional Administrators and
2 the Clean Jobs Workforce Network Program to ensure
3 that execution, performance, partnerships, marketing,
4 and Program access across the State consistent with
5 respecting regional differences;
6 (ii) work with community-based organizations
7 approved to provide industry-recognized credentials or
8 education institutions to deliver the Program;
9 (iii) collaborate to create and publish an
10 employer "Hiring Returning Residents" handbook that
11 includes benefits and expectations of hiring returning
12 residents, guidance on how to recruit, hire, and
13 retain returning residents, guidance on how to access
14 State and federal tax credits and incentives and State
15 and federal resources, guidance on how to update
16 company policies to support hiring and supporting
17 returning residents, and an understanding of the harm
18 in one-size-fits-all policies toward returning
19 residents. The handbook shall be updated every 5 years
20 or more frequently if needed to ensure that its
21 contents are accurate. The handbook shall be made
22 available on the Department's website;
23 (iv) work with potential employers to promote
24 company policies to support hiring and supporting
25 returning residents via employee/employer liability,
26 coverage, insurance, bonding, training, hiring

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1 practices, and retention support;
2 (v) provide services such as job coaching and
3 financial coaching to Program graduates to support
4 employment longevity; and
5 (vi) identify clean energy job opportunities and
6 assist participants in achieving employment. The
7 Program shall include at least one job fair; include
8 job placement discussions with clean energy employers;
9 establish a partnership with Illinois solar energy
10 businesses and trade associations to identify solar
11 employers that support and hire returning residents;
12 and involve the Department of Commerce and Economic
13 Opportunity, Regional Administrators, and the Advisory
14 Council in finding employment for participants and
15 graduates in the clean energy and related sector
16 industries.
17 (3) The Department shall select community-based
18 organizations to provide Program elements at each
19 facility. Community-based organizations shall be
20 competitively selected by the Department of Commerce and
21 Economic Opportunity. Community-based organizations
22 delivering the Program elements outlined may provide all
23 elements required or may subcontract to other entities for
24 the provision of portions of Program elements. All
25 contractors who have regular interactions with committed
26 persons, regularly access a Department of Corrections

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1 facility, or regularly access a committed person's
2 personal identifying information or other data elements
3 must pass a Department of Corrections background check
4 prior to being approved to administer the Program elements
5 at a facility.
6 (4) The Department of Corrections shall aim to include
7 training in conjunction with other pre-release procedures
8 and movements. Delays in a workshop being provided shall
9 not cause delays in discharge.
10 (5) The Program Administrators may establish shortened
11 Returning Resident Clean Jobs Training Programs to prepare
12 and place graduates in the Clean Jobs Workforce Network
13 Program or the Illinois Climate Works Preapprenticeship
14 Program following the graduate's release from commitment.
15 Graduates of these programs shall receive training that
16 leads to certification or credentials designed to lead to
17 employment and shall be prioritized for placement in a
18 Clean Jobs Workforce Hubs training program or the Illinois
19 Climate Works Preapprenticeship Program.
20 (6) The Director of Corrections shall:
21 (i) Ensure that the wardens or superintendents of
22 all correctional institutions and facilities visibly
23 post information on the Program in an accessible
24 manner for committed individuals.
25 (ii) Identify the institutions and facilities
26 within the Department of Corrections that will offer

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1 the Program. The determination of which facility will
2 offer the Program shall be based on available
3 programming space, staffing, population, facility
4 mission, security concerns, and any other relevant
5 factor in determining suitable locations for the
6 Program.
7 (i) Performance metrics.
8 (1) The Program Administrators shall collect and
9 disaggregate data by race, ethnicity, gender, age, and
10 location to evaluate and ensure Program and participant
11 success. This data shall be shared with the Office of
12 Equity and shall include , including:
13 (i) the number of returning residents who enrolled
14 in the Program;
15 (ii) the number of returning residents who were
16 accepted for enrollment into completed the Program;
17 (iii) the total number of returning residents who
18 applied for and were denied for enrollment into the
19 Program individuals discharged;
20 (iv) the demographics of each entering and
21 graduating class;
22 (v) the percentage of graduates employed at 6 and
23 12 months after release;
24 (vi) the number of returning residents who did not
25 complete the Program the recidivism rate of Program
26 participants at 3 and 5 years after release;

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1 (vii) the total number of individuals discharged
2 the candidates interviewed and hiring status;
3 (viii) the graduate employment status, such as
4 hire date, pay rates, whether full-time, part-time, or
5 seasonal, and separation date; and
6 (ix) continuing education and certifications
7 gained by Program graduates; .
8 (x) the recidivism rate of Program participants at
9 1, 3, 5, 7, and 10 years after release;
10 (xi) the candidates interviewed and their hiring
11 status;
12 (xii) the number of returning residents who
13 enrolled in the Program and were removed;
14 (xiii) the number of returning residents who
15 graduated from the Program and remained employed in
16 the clean energy industry within one year and 3 years
17 after release. If practicable, the Department shall
18 consult with the Department of Employment Security to
19 also provide this data for 5, 7, and 10 years after
20 release;
21 (xiv) the number of returning residents who
22 graduated from the Program and changed employment 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 (xv) the number of returning residents who
3 graduated from the Program and separated from
4 employment in the clean energy industry and received
5 employment in another industry within one year and 3
6 years after release. If practicable, the Department
7 shall consult with the Department of Employment
8 Security to provide this data for 5, 7, and 10 years
9 after release; and
10 (xvi) the number of returning residents who
11 completed the Program.
12 (2) The Department of Commerce and Economic
13 Opportunity shall publish an annual report containing
14 these performance metrics. Data may be disaggregated by
15 institution, discharge, or residence address of resident,
16 and other factors.
17 (j) Funding. Funding for the Program is subject to
18appropriation from the Energy Transition Assistance Fund.
19Funding may be made available from other lawful sources,
20including donations, grants, and federal incentives.
21 (k) Access. The Program instructors and staff must pass a
22background check administered by the Department of Corrections
23prior to entering a Department of Corrections institution or
24facility. The Warden or Superintendent shall have the
25authority to deny a Program instructor or staff member entry
26into an institution or facility for safety and security

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1concerns or failure to follow all facility procedures or
2protocols. A Program instructor or staff member administering
3the Program may be terminated or have his or her contract
4canceled if the Program instructor or staff member is denied
5entry into an institution or facility for safety and security
6concerns.
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