04-O-15
ORDINANCE
Sponsored by
THE HONORABLE BOBBIE L. STEELE,
ROBERTO MALDONADO AND DEBORAH SIMS
Co-Sponsored by
THE HONORABLE JERRY BUTLER, EARLEAN COLLINS, JOHN
P. DALEY,
ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL
R. HANSEN,
JOSEPH MARIO
MIKE QUIGLEY, PETER N. SILVESTRI AND LARRY SUFFREDIN
AN ORDINANCE
CREATING AN EMPLOYMENT DEMONSTRATION PILOT PROJECT
FOR FIRST
TIME NONVIOLENT OFFENDERS ENTITLED
“THE
WHEREAS,
WHEREAS, there are currently almost 44,000 individuals
incarcerated by the Illinois Department of Corrections (IDOC)
with an additional 35,000 under the Department’s supervision in the State of
Illinois; and
WHEREAS, there are now more than 11,000 persons incarcerated
in the Cook County Department of Corrections; and
WHEREAS, the majority of individuals currently incarcerated
have committed non-violent offenses; and
WHEREAS, the majority of these individuals upon release return
to communities within
WHEREAS, there are currently 425,000 formerly incarcerated
individuals in
WHEREAS, there are approximately 30,000 inmates scheduled to be
released from IDOC institutions this year with more
than 60% returning to Cook County; and
WHEREAS, currently there is a 44% recidivism rate for former
offenders released from state correctional facilities in
WHEREAS, access to livable wage employment has proven to be a
key factor in reducing the re-commission of crime and the rate of recidivism;
and
WHEREAS, the unemployment rate among former incarcerated
individuals who are county residents is higher than the general population in
large part due to the social stigma of being an ex-offender, unfair employment
discrimination, and the lack of access to legal employment opportunities,
education and vocational training within sectors of government and private
industry due to current policies; and
WHEREAS, government should be an exemplar to private industry
in regards to providing equal opportunity for qualified individuals seeking
employment.
BE IT ORDAINED,
that the Cook County Board of Commissioners shall enact
the following ordinance to establish a Re-entry Employment Demonstration Pilot
Program with the goal of enrolling one hundred (100) adults who are former
offenders and residents of the County and with the goal of removing barriers to
Cook County government employment opportunities and to encourage participation
by County officers and by private sector employers as a strategy for increasing
public safety and reducing recidivism.
ARTICLE I. GENERAL PROVISIONS
Section 1-1 This ordinance shall be known as the “Cook County Re-entry
Employment Project Ordinance.”
Applicability
Section 1-2 (a) This
ordinance shall establish the provision for and control of the issuance of
Certificates of Completion to first time nonviolent offenders by the Cook
County Board of Commissioners.
(b) This ordinance shall direct the Review Panel
and the Cook County Board of Commissioners as to how to remove obstacles and
encourage employment within Cook County government and with private sector
employers who secure contracts from Cook County government for program
participants who are nonviolent first time
former offenders.
Severability
Section 1-3 If
any section, subsection, paragraph, sentence or clause of this ordinance or the
application thereof to any person is for any reason deemed to be invalid or
unconstitutional, such decision shall not affect, impair or invalidate any
remaining section, subsection, paragraph, sentence or clause hereof or the
application of this ordinance to any other person.
Effective
Date
Section 1-4 (a) This
ordinance shall take effect thirty (30) days after its passage and publication.
(b) Within 6 months after the implementation of
this Pilot Project, the Review Panel shall report to the Cook County Board of
Commissioners regarding the use, costs, effectiveness, and future viability of
the Program as related to employability of first time nonviolent offenders.
ARTICLE
II. DEFINITIONS
Section 2-1 As used in the Cook County Re-Entry Employment Project
Ordinance:
(a) "Eligible offender" means a person
who has been convicted of a crime or of an offense that is not a crime of
violence as defined in Section 2 of the Crime Victims Compensation Act, a Class
X or a non-probationable offense, or a violation of
Article 11 or Article 12 of the Criminal Code of 1961, and who has not been
convicted more than once of a felony.
(b) "Felony" means a conviction of a
felony in this State, or of an offense in any other jurisdiction for which a
sentence to a term of imprisonment in excess of one year was authorized.
(c) “Conviction” means a plea or a verdict of
guilty upon which a sentence of probation, conditional discharge, supervision
or incarceration has been imposed.
(i) two or more convictions of felonies charged in separate
counts of one indictment or information shall be deemed one conviction.
ARTICLE
III. THE POWERS AND
DUTIES OF REVIEW PANEL
Section 3-1 Establishment of Review Panel
(a) In order to facilitate the implementation of
this Ordinance, the Board shall establish a Review Panel consisting of seven
(7) members.
(b) The members of the Review Panel shall be
appointed as follows: the Clerk of the
Circuit Court appoints one (1) member; the Chief Judge appoints one (1) member;
and the President of the Cook County Board of Commissioners appoints three (3)
members.
(c) The Review Panel shall keep records of all of
its official actions and shall make them accessible in accordance with law and
the rules of the Review Panel.
(d) Each member of the Review Panel and any
hearing officer designated by the Review Panel shall have the power to
administer oaths and to take the testimony of persons under oath.
(e) Any written report submitted to the Review
Panel under this Section is confidential and may not be made available to any
person or public or private agency except if specifically required or permitted
by operation of law or by authorization of the court.
(f) The Review Panel shall interview each
applicant and review each application for a county issued Certificate of
Completion. After the Review Panel has
decided an applicant is eligible for a Certificate of Completion, the Review
Panel shall make their recommendation to the Cook County Board of
Commissioners.
(g) In making such a recommendation, the Review
Panel shall consider the following factors:
(1) the public policy of
(2) the specific duties
and responsibilities necessarily related to the position being sought and
recommendations from the Community Based Organization that conducted the work
readiness training;
(3) the bearing, if any,
the criminal offense for which the person was previously convicted will have on
his or her fitness or ability to perform one or more such duties and
responsibilities;
(4) the time which has elapsed since the occurrence of the
criminal offense;
(5) the age of the person at the time of occurrence of the
criminal offense;
(6) the seriousness of the offense;
(7) any information produced by the person or
produced on their behalf in regard to their good conduct and rehabilitation,
including a State issued Certificate of Relief from Disabilities and/or Good
Conduct , which Certificate shall create a presumption of rehabilitation in
regard to the offense specified in the certificates; and
(8) the legitimate
interest of
(h) The Review Panel shall report to the Cook
County Board of Commissioners by November 30 of each year statistics for the
prior year including the number of Certificates of Completion issued, the
number of applicants with felony convictions, the number of applicants with
misdemeanor convictions, the number of applicants with State issued
Certificates of Relief from Disabilities and/or Good Conduct, the number of
applicants with felony convictions denied Certificates of Completion and the
number of applicants with Certificates of Completion employed in County
government jobs.
ARTICLE
IV. COOK
Section 4.1 Issuance of Certificate of Completion
(a) The Cook County Board of Commissioners shall
have the power to issue a Certificate of Completion to any eligible offender
who resides within this State and whose judgment of conviction was rendered by
a court in this or any other jurisdiction.
(b) The Cook County Board of Commissioners may, in
their discretion, issue to an eligible offender a Certificate of Completion
indicating the eligible offender’s behavior after conviction has warranted the
issuance of the Certificate of Completion and such Certificate will support
favorable consideration when employment is sought within Cook County Government
or with designated County contractors.
(c) The Certificate of
Completion may not be issued to formerly
incarcerated individuals with
misdemeanor convictions earlier than a period of six (6) months from the date
of completion of the sentence upon which the conviction was imposed or one (1)
year to those with one felony conviction subsequent to their release from
County or State incarceration or supervision.
(d) The Cook County Board of Commissioners by
majority vote of a quorum, shall have the power to issue a Certificate of
Completion to any eligible former offender previously convicted of a crime in
this State, when the Board is satisfied that:
(1) the person to whom it
is to be granted is an eligible former offender, as defined in Section 2-1(a).
(2) the goal of eliminating employment barriers
that is facilitated by the grant of a Certificate is consistent with the
guidelines of the Pilot Project for the eligible former offender and is
otherwise consistent with public interest; and
(3) the applicant has
conducted him or herself in a manner warranting the issuance for the required
minimum period and has successfully completed the designated employment
readiness training.
Article
V. EMPLOYMENT READINESS TRAINING AND
Section 5-1 Completion
of Designated Employment Readiness Training and Internship as Prerequisite to
Certificate of Completion
In order for formerly incarcerated individuals who are
first time nonviolent offenders and residents of the County to be issued a
Certificate of Completion they must have successfully completed a Board
approved employment readiness training
program, a twelve (12) month County Internship Program, and be in receipt of
documentation to that effect which is to be submitted as the primary evidence
of their employment readiness to the Review Panel for consideration of
Certificate of Completion issuance. Other documents may also be submitted to
further support the participant’s status of rehabilitation as related to
education, vocational training, employment and/or volunteer experience.
Participants with State issued Certificates of Good Conduct, Certificates of Relief from Disabilities or
State professional/occupational licenses shall be afforded favorable
consideration when applying for participation in the Project as well as for
employment.
Section 5-2 Ex-Offender Employment Readiness Program
As the first phase for an individual to become
eligible for a
Such a training program shall provide intake and
screening services to identify needs of each participant and develop a specific
employability training plan. All training plans shall include core modules to
address, in a holistic approach, the special needs of former offenders seeking
employment within the County and/or with designated County contractors. The
modules shall include information/education, skill building and behavioral
modification techniques in the areas of cognitive
restructuring, resume preparation, interviewing, alcohol and substance abuse
prevention, anger management and conflict resolution, and relationships in the
work place.
The designated Community Based Organization providing
training shall also have referral agreements in place with educational
institutions and social service agencies for participants to access supportive
services for assistance with food, clothing, housing, substance abuse
counseling, GED classes, vocational training, and
family reunification services. The work readiness program shall also include an
aftercare component which will serve as an on-going support system for
candidates who have successfully completed the core training modules.
Eligibility criteria for admission to the former
offender work-readiness training program
shall be established by the community based organizations that are operating such programs with
the specific inclusion of the following: Participants must be screened for
motivation to participate in the program, history of drug and alcohol
use/abuse, mental health history, type of offense committed, criminal record,
current immediate support needs
(housing, food, clothing, temporary emergency financial assistance, etc.),
employment history, educational background, and willingness to change their
thinking and behavior.
Section-5-3
Upon successful completion of the Employment Readiness
Training program, participants shall become eligible for a twelve (12) month
Internship Program. The Internship
Program will have the goal of one hundred (100) entry level positions in Cook County
government that are identified as vacant in each fiscal year budget. Participants will be paid the salary
consistent with the grade level budgeted for each vacant position as well as
all county health benefits.
Participants will not be considered for positions
where there is a direct relationship between the previous criminal offense and
the specific job sought, or if the employment of the participant would involve
an unreasonable risk to property or to safety or welfare of specific
individuals or the general public.
Upon successful completion of the designated
internship, participants may then petition the Review Panel for the issuance of
a Certificate of Completion. Once
issued, participants may then apply for an appropriate full time position that
is available with the County and/or participating private sector
employers.
ARTICLE
VI. IMPACT OF
COUNTY ISSUED CERTIFICATE OF COMPLETION
Section 6-1 This
Section shall not affect the right of a person to collaterally attack his
conviction or to rely on it in bar of subsequent proceedings for the same
offense.
(a) A Certificate of Completion does not, however,
in any way prevent any judicial proceeding, administrative, licensing, or other
body, board, or authority from relying upon the conviction specified in the
Certificate of Completion as the basis for the exercise of its discretionary
power to suspend, revoke, or refuse to issue or refuse to renew any license,
permit, or other authority or privilege.
(b) A Certificate of Completion shall not limit or
prevent the introduction of evidence of a prior conviction for purposes of
impeachment of a witness in a judicial or other proceeding where otherwise
authorized by the applicable rules of evidence.
(c) A Certificate of Completion may not in any way
prevent any judicial proceeding, administrative, licensing, or other body,
board, or authority from considering the conviction specified in the
certificate.
(d) A
Certificate of Completion shall not limit or prevent the introduction of
evidence of a prior conviction for purposes of impeachment of a witness in a
judicial or other proceeding where otherwise authorized by the applicable rules
of evidence.
(e) A Certificate of Completion is not to be
deemed to be a pardon. Nothing contained in this Ordinance shall be deemed to
alter or limit or affect the manner of applying for pardons to the Governor,
and no certificate issued under this Ordinance shall be deemed or construed to
be a Pardon.
Section 6-2 Grievance Process
It is not the intention of this Ordinance or the
actions of the Review Panel or the Board of Cook County Commissioners to
replace or substitute any employee grievance process that currently exists in
County government. This Ordinance does
not preclude a participant from exercising any due process rights that may be
available to them.
(a) If a participant is subject to an adverse
action by their employer/supervisor and a grievance procedure exists to address
the employee’s issue, the participant must exhaust the process for redress.
(b) This ordinance does not create a separate or
alternative grievance process for participants to seek redress from an adverse
action taken against them.
ARTICLE
VII. REVOCATION OF
CERTIFICATE OF COMPLETION
Section 7.1 In
revoking a Certificate of Completion, the action of the Cook County Board of
Commissioners shall be by majority vote of the members.
(a) Revocation
shall be upon notice to the person,
who shall be accorded an opportunity to contest the grounds of revocation prior
to a decision to revoke the Certificate of Completion.
(b) Any such person possessing a Certificate of
Completion shall upon receipt of the determination of revocation, surrender the
certificate to the Cook County Board of Commissioners or its designee.
(c) A person who knowingly uses or attempts to use
a revoked Certificate of Completion in order to obtain or to exercise any right
or privilege that they would not be entitled to obtain or to exercise without a
valid Certificate of Completion is guilty of a Class A misdemeanor.
(d) If the program participant is involuntarily
terminated from their employment with
ARTICLE
VIII. FORMS AND
FILING
Section 8-1 (a) All
applications, certificates, and orders of revocation necessary for the purposes
of this Ordinance shall be upon forms prescribed under an agreement among the
Review Panel, the Clerk of the Circuit Court and the Cook County Board of
Commissioners or their designees. The forms relating to Certificates of
Completion shall be distributed by the Clerk of the Circuit Court.
(b) A copy of each Certificate of Completion
issued shall be filed with the Clerk of the Circuit Court. Documentation reflecting the revocation of a
Certificate of Completion shall also be filed with Clerk of the Circuit Court.
Approved and adopted this 8th day of April
2004.