(20 ILCS 2310/2310-186)
Sec. 2310-186. Criminal history record checks; task force. The Department of Public Health in collaboration with the Department of State Police shall create a task force to examine the process used by State and local governmental agencies to conduct criminal history record checks as a condition of employment or approval to render provider services to such an agency.
The task force shall be comprised of representatives from State and local agencies that require an applicant to undergo a fingerprint-based criminal history record check pursuant to State or federal law or agencies that are contemplating such a requirement. The task force shall include but need not be limited to representatives from the Department of State Police, the Illinois Criminal Justice Information Authority, the Department of Children and Family Services, the Department of Central Management Services, the Department of Healthcare and Family Services, the Department of Financial and Professional Regulation, the Department of Public Health, the Department of Human Services, the Department of Labor, the Office of the Secretary of State, the Illinois State Board of Education (whose representative or representatives shall consult with the Regional Offices of Education and representatives of 2 statewide teachers unions, a statewide organization representing school principals, a statewide school administrators organization, and school bus companies), the Live Scan fingerprinting industry, a union for child care workers who provide service to children, a large regional park district, and at least 2 statewide non-governmental, non-profit multi-issue advocacy organizations to represent the interests of prospective employees. The task force shall be chaired by 2 co-chairpersons, one appointed by the Director of Public Health and the other appointed by the Director of State Police. The task force members shall be appointed within 30 days after the effective date of this amendatory Act of the 96th General Assembly. The Department of Public Health and the Department of State Police shall jointly provide administrative and staff support to the task force as needed.
The task force shall review and make recommendations to create a more centralized and coordinated process for conducting criminal history record checks in order to reduce duplication of effort and make better use of resources and more efficient use of taxpayer dollars.
The task force shall provide a plan to revise the criminal history record check process to the General Assembly by January 1, 2011. The plan shall address the following issues:
(1) Identification of any areas of concern that have
been identified by stakeholders and task force members regarding State or federally mandated criminal history record checks.
(2) Evaluation of the feasibility of using an
applicant's initial criminal history record information results for subsequent employment or licensing screening purposes while protecting the confidentiality of the applicant.
(3) Evaluation of the feasibility of centralizing the
screening of criminal history record information inquiry responses.
(4) Identification and evaluation of existing
technologies that could be utilized to eliminate the need for a subsequent fingerprint inquiry each time an applicant changes employment or seeks a license requiring a criminal history record inquiry.
(5) Identification of any areas where State or
federally mandated criminal history record checks can be implemented in a more efficient and cost-effective manner.
(6) Evaluation of what other states and the federal
government are doing to address similar concerns.
(7) Identification of programs serving vulnerable
populations that do not currently require criminal history record information to determine whether those programs should be included in a centralized screening of criminal history record information.
(8) Identification of any issues that agencies face
in interpreting criminal history records, such as differentiating among types of dispositions, and evaluation of how those records can be presented in a format better tailored to non-law enforcement purposes.
(9) Ensuring that any centralized criminal history
records system discloses sealed criminal history records only to those agencies authorized to receive those records under Illinois law.
(10) Evaluation of the feasibility of creating a
process whereby agencies provide copies of the criminal background check to applicants for the purpose of providing applicants with the opportunity to assess the accuracy of the records.
(11) Evaluation of the feasibility of adopting a
uniform procedure for obtaining disposition information where an arrest or criminal charge is reported without subsequent disposition.
(12) Preparation of a report for the General Assembly
proposing solutions that can be adopted to eliminate the duplication of applicant fingerprint submissions and the duplication of criminal records check response screening efforts and to minimize the costs of conducting State and FBI fingerprint-based inquiries in Illinois.
(Source: P.A. 96-632, eff. 8-24-09.)
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Last modified: February 18, 2015