Transcript Document

Certificates of Good Conduct
& Relief from Disability
Anthony Lowery, Director of Policy, The Safer Foundation
Todd Belcore, Equal Justice Works Fellow, Sargent Shriver National Center on Poverty Law
Beth Johnson, Director of Criminal Records, Cabrini Green Legal Aid
Overview of Training
• Framing the issue – the need, the population, the
solution.
• Eligibility for Certificates of Good Conduct (CGC) and
Relief from Disability (CRD).
• Process & Procedure for filing Certificates with the
Circuit Court.
• Effect of Certificates and Putting the Certificates into
Practice.
• Working with Clients and Fact Scenarios on How to
Prove “Rehabilitation.”
• Next Steps.
Safer Foundation: An Integrated
Strategy
Community and
Family
Corrections
Safer and
Clients
Businesses
Human Services
Safer is at the cross-section of four different arenas
Our ability to bring all the stakeholders to the table is a crucial component to being able to address
and counteract some of the major reentry and reintegration challenges
Safer’s Policy Work
Safer bases its interest in and commitment to this area of work on the recognition that a variety of policy
and legislative obstacles exist that obstruct the successful return of people with criminal records to their
communities. Safer has come to understand that policies such as these may unwittingly encourage
recidivism and reduce opportunities for self-sufficiency.
Increase community
awareness of the
barriers faced by
people with criminal
records
Build a broad based
coalition to work
towards eliminating
or reducing these
barriers
Safer’s
Advocacy
Goals
Provide a voice and a
vehicle for
participation by the
people most
impacted by these
policies
Timeline of Certificates
2003
Former Illinois State Senator Barack
Obama introduced Senate Bill 0125,
which stalled in the Illinois Senate. In
May 2003 the language from SB 0125
was incorporated into Illinois House
Bill 0569, which was signed into law
and went into effect January 2004.
The two types of Certificates created
by the legislation were: (1) a
Certificate of Relief from Disabilities
(CRD), which helps restore eligibility
for 15 occupational licenses, and (2) a
Certificate of Good Conduct (CGC),
granted by the Prisoner Review Board
(PRB), which demonstrates
rehabilitation to employers.
2004
2004 -Kimberly Lightford (DWestchester) and Illinois State
Representative Arthur Turner (DChicago), introduced legislation
(Senate Bill 0948) that was signed
into law August 12, 2004, as Public
Act 93-0914, to extend the original
list of 15 licenses covered under the
original Certificates law to 18.
2006
2006 - Illinois Senate Bill 1279.
Sponsored by Illinois State Senator Terry
Link and State Representative Arthur
Turner was introduced on May 4, 2006.
Governor Blagojevich signed the bill into
law as Public Act 094-1067 on August 1,
2006. The law, which became effective
immediately.
Expanded the pool of eligibility for
Certificates of Relief from Disabilities to
include individuals convicted not more
than twice of a felony. Persons convicted
of crimes of violence, criminal sexual
offenses, or Class X felonies continue to
be ineligible.
Expanded the occupational licenses
covered by Certificates of Relief from
Disabilities from the former 18 to 27.
Recent Updates
Effective January 1, 2010, Public Act 96-130 made the following changes:
Authority to review an individual’s criminal history and grant petitions for Certificates of Relief from
Disability and Certificate of Good Conduct was transferred from Illinois Prisoner Review Board to the Circuit
Court where the person was sentenced
The legislation significantly reduced the range of felony convictions which bar an individual from seeking a
certificate
A Circuit Court judge who grants a certificate of Certificate of Good Conduct has discretion to lift a
multitude employment barriers imposed by state law, which were collateral consequences of the
conviction
An employers, who hires an individual who obtained a certificate, is entitled to almost complete immunity
from tort actions arising out of claims of negligent hiring
2011- All new legislative procedures have been finalized with the Administrative Office and the Illinois
Courts and Department of Professional and Financial Regulation. To expand access to people with
records, Safer Foundation has sent certificates implementation processes information to all 102
counties in the state of Illinois. Since the inception of the legislation 133 people have applied for
Certificate from Relief of Disability and 91 have been granted and 65 people have applied for
Certificates of Good Conduct and 34 have been granted.
Framing the Issue
• Nearly 2.7 men and women in Illinois have criminal
records.
• According to a recent study by the Society of Human
Resource Management, 92% of employers use criminal
background checks when making hiring decisions. 65%
concede that mere arrests influence hiring decisions.
• 97% of employers are influenced by even the most
minor convictions (non-violent, misdemeanor
convictions).
• There is a 260 percent increase in the percentage of
employers influenced when deciding to not make a job
offer to individuals with non-violent felony convictions
versus individuals with non-violent misdemeanor
convictions
What are Certificates of Good Conduct and Relief from
Disability?
• Certificates provide a form or relief for those with past
criminal convictions, to have a court-ordered finding or
rehabilitation to aid in the search for employment.
• “Certificates” are issued to “eligible offenders” after a
“rehabilitation review” before the circuit court after a
finding by “clear and convincing evidence” that a
person is rehabilitated. See Attachment 1 – 730 ILCS 5/55.5-5, et. seq.
• There are two types of Certificates – Certificates of
Good Conduct (CGC) which can remove statutory
employment barriers or Certificates of Relief from
Disability (CRD) which can provide evidence to surpass
discretionary licensing barriers issued by the Illinois
Department of Regulation.
Why Not Expungement or Sealing?
• Expungement is only available to those who have never
been convicted of a criminal offense.
• Sealing is only available to minor, non-violent, nonsexual misdemeanor convictions and only three felony
convictions in the State of Illinois.
– Of the 5,000 people per year seen at CGLA’s Help Desk, over
50% do not qualify for full relief through expungement or
sealing of criminal records.
• A pardon from the Governor is the only way for those
with ineligible convictions to have a chance for the
record to be expunged. That is a long-process without
guarantees.
– Since taking office, Governor Quinn has granted 718 pardons
and denied 1,205. Nearly 3,000 remain pending dating back
through 2007.
Who Can Apply – Based on their Record?
• To petition the Court for a Certificates, a person must
be an “eligible offender” as defined under 730 ILCS
5/5-5.5-5:
• No limit to the number of felony convictions (certain
rules of construction apply, regarding concurrent or
same incident cases).
• No Class X felonies, aggravated driving under the
influence, aggravated domestic battery or any offense
that results in registration.
• No “forcible felonies” (murder, arson, kidnapping).
• No Aggravated Battery or other felony involving
violence or physical force resulting in “great bodily
harm or permanent disability.”
**HB 5771, Passed General Assembly 5/31/12, no limitation on number of convictions
Certificates Training
Who Can Apply – Based on the Person They Are?
• Good Conduct: A court must make a “specific finding
of rehabilitation” in that (1) the minimum period of
good conduct is met; (2) the relief to be granted is
consistent with the rehabilitation of the petitioner;
and (3) the relief to be granted is consistent with the
public interest. 730 ILCS 5/5-5.5-30(a).
• Relief from Disability: A court must find, based on
“clear and convincing evidence,” that (1) the relief to
be granted is consistent with the rehabilitation of the
petitioner, and (2) the relief to be granted is
consistent with the public interest. 730 ILCS 5/5-5.515(b).
Certificates Training
When Can a Person Apply?
• Good Conduct: 2 years from the completion of the felony
offense or one year for a misdemeanor. 730 ILCS 5/55.5-30(c).
– The completion of the sentence is the date the person terminates
probation, conditional discharge or is released from parole.
• Relief from Disability: at the time the sentence is
pronounced or anytime thereafter. 730 ILCS 5/5-5.515(a)
Certificates Training
How Does One Apply?
• Through a verified petition, filed with the circuit
court in the county of conviction.
• Certificates are heard in a manner designated by the
Chief Judge (all cases thus far in Chicago have stayed
before the Presiding Judge).
• In Chicago, petitions are filed at the 5th Floor Clerk’s
Office at 26th & California, with no less than 5 days
notice. The State’s Attorney’s Office is served with a
copy of the petition. See Attachment 2.
• Best practice also has us deliver a courtesy copy to
the Judge in Room 101.
Certificates Training
What is Contained in the Petition?
• Setting forth that a person is an “eligible offender.”
• Information about the criminal record, including rap
sheet, court dispositions and any other supporting
court documents.
• The employment bar (if any) that is sought through a
CGC or the license sought through a CRD with the
Department of Professional Regulation.
• Why the relief is (1) consistent with the rehabilitation
of the petitioner and (2) consistent with the public
interest. This depends on the particular
circumstances of the conviction and the goals of the
individual. Includes proof of rehabilitation.
• Sample Certificate of Good Conduct and Relief from
Disability. See Attachement 3 and 4.
Certificates Training
What Employment Bars Can Be Waived for CGCs?
• Any Illinois law that prohibits the hiring of
individuals with certain convictions, with the
exception of law enforcement. 730 ILCS 5/5-5.5-25(a).
– Challenge to know the statutory bars, will be addressed
through the Task Force on Employment Barriers, HB 297.
• Examples include: the Illinois School Code, the Park
District Code, the Metropolitan Transit Act, etc.
– This does not include unlicensed health care jobs, as there is
a separate waiver process available through the Illinois
Department of Public Health.
• Examples of victories include the Chicago Public
Schools – See Attachment 5 – and School Bus Driver
permits through the Secretary of State.
Certificates Training
What Licenses Can a CRD Be Issued For?
• Animal Welfare Act, Illinois Athletic Trainers Practice Act,
Barber, Cosmetology, Esthetics, and nail Technology Act of
1985, Boiler and Pressure Vessel Repairer Regulation Act,
Professional Boxing Act, Illinois Certified Shorthand Reporters
Act of 1984, Illinois Farm Labor Contractor Certification Act,
Interior Design Title Act, Illinois Professional Land Surveyor
Act of 1989, Illinois Landscape Architecture Act of 1989,
Marriage and Family Therapy Licensing Act, Private
Employment Agency Act, Professional Counselor and Clinical
Professional Counselor Licensing Act, Real Estate License Act of
2000, Illinois Roofing Industry Licensing Act, Professional
Engineering Practice Act, Water Well and Pump Installation
Contractors License Act, Electrologist Licensing Act, Auction
License Act, Illinois Architecture Practice Act of 1989, Dietetic
and Nutrition Services Practice Act, Environmental Health
Practitioner Licensing Act, Funeral Director and Embalmers
Licensing Code, Land Sales Registration Act of 1999,
Professional Geologist Licensing Act, Illinois Public Accounting
Act, Structural Engineering Practice Act of 1989.
Certificates Training
What Supporting Documents Are Included?
• Proof of “Rehabilitation”:
– Letters of recommendation from family, friends,
employers, pastors, community members,
sponsors – anyone who can attest to your client’s
character.
– Certificates, Degrees and Diplomas to show
education and training.
– Information specific to the employment bar sought
to be waived or the license sought through IDFPR.
– Proof of sobriety, treatment records and how a
person maintains their sobriety.
*No rules of evidence apply in these cases*
Certificates Training
What Supporting Documents Are Included?
• Court Records:
– Files should always be ordered for convictions.
Useful information is included in those files, as
well as supporting documentation.
– Need to know the allegations that were charged
against your client, information that is available to
the State’s Attorney’s Office.
– Court Dispositions are good exhibits as well,
which the Judge wants to see when ruling on
petitions.
– Non-conviction records should only be ordered
when crimes of violence, serious felony offenses or
sex crimes involving violence. Nothing prohibits
the Judge from considering these other records.
Certificates Training
Where to Obtain Court Records
• Misdemeanor files for Chicago can be obtained at the
Daley Center, 50 W. Washington, Room 1006.
– For cases 2008 and later, files can be obtained the same day.
– For 2008 and before, must order in person in Room 1006 or
potentially by calling 312-603-2288.
• Felony files for Chicago can be obtained at 26th &
California at the 5th Floor Clerk’s Office. Can order by
calling 773-674-3152 and file arrives ~3 day slater.
• Other criminal cases must be obtained from
appropriate Clerk’s Office in the district/county
where conviction occurred.
Certificates Training
What Happens at the Hearing?
• Although hearings are scheduled for 9 a.m., they
typically do not start until 9:45 at the earliest.
Because they are heard before the Presiding Judge (or
any judge sitting in for him), a lot of other business is
handled in his court room in the morning.
• A “rehabilitation review” is conducted. You will
present the case, but the Judge will interject at any
time to ask you or your client questions directly –
there are no rules of evidence!
– Opening statements, presentation of evidence, testimony by
the client and witnesses, closing arguments.
• The State’s Attorney is allowed to object and ask
your client questions.
Certificates Training
What Order is Issued?
• Good Conduct: The order should state the same
information proven up at the hearing – eligible
offender, what was proven by clear and convincing
evidence, what employment bar was waived. See
Attachment 6.
• Relief from Disability: There is a form order available
on the Clerk’s website, but it is inaccurate as to
“eligible offender.” Encouraged to rewrite the order
to accurately state who is an “eligible offender.” See
Attachment 7.
• Should always include that the Certificates provides
immunity from negligent hiring claims.
Certificates Training
Putting the Certificate Into Practice
• Convictions still must always be disclosed, as the
Certificate does not hide, alter, destroy or expunge
the record.
• Good Conduct: For specific employment bars, an
attorney could write a letter explaining the legal
relief to advocate for the hiring of the client. See
Attachment 8. They must still apply to be considered.
• Relief from Disability: A person applies for the specific
license and upon review by the Department of
Professional Regulation, the Certificate can be
provided as additional evidence as to why the license
should be granted.
• Certificates can be used generally to aid in the search
for employment, providing certain benefits to the
employer.
Certificates Training
Benefits to the Employer
• “An employer is not civilly or criminally liable for an
act or omission by an employee who has been issued
a [certificate], except for a willful or wanton act by
the employer in hiring the employee who has been
issued a [certificate]. 730 ILCS 5/5-5.5-15(f) (CRD)
and 730 ILCS 5/5-5.5-25(c) (CGC).
• A court has specifically found a person to be
“rehabilitated,” adding assurance that the person is a
good candidate despite the past criminal record.
• Removes statutory bars that would otherwise
prevent the hiring of a qualified candidate.
Certificates Training
Some Odd and Ends
• Certificates of Good Conduct can be granted for out
of state convictions that meet the same criteria when
there are “specific sections of Illinois State law that
have an adverse impact on the applicant and warrant
the application for relief to be made in Illinois.” 730
ILCS 5/5-5.5-30(b)(1).
• Certificates of Good Conduct can be enlarged in the
future to cover other employment bars. 730 ILCS 5/55.5-30(d).
• Relief from Disability can be enlarged to cover other
licenses. 730 ILCS 5/5-5.5-15(d).
Certificates Training
Working with the Client
• Sensitivity to the challenges and frustrations felt by
men and women struggling to support themselves
and their families.
• Acknowledging client’s feeling toward the goal of
proving “rehabilitation.”
• Managing expectation of the relief to be granted.
• Helping to organize the client and bring out all the
good that may or may not be recognized.
• Being the vehicle to help the client share their story.
• Awareness of mental health issues, history of abuse
and history of sexual exploitation.
Certificates Training
Fact Scenarios – How to Prove Rehabilitation
Drug Addiction
Certificates Training
Fact Scenarios – How to Prove Rehabilitation
Selling Drugs
Certificates Training
Fact Scenarios – How to Prove Rehabilitation
Violent Crimes
Certificates Training
Fact Scenarios – How to Prove Rehabilitation
Theft-Related Offenses
Certificates Training
Fact Scenarios – How to Prove Rehabilitation
Gang Affiliations
Certificates Training