HB1810eng 104TH GENERAL ASSEMBLY

HB1810 Engrossed LRB104 08077 RLC 18123 b

AN ACT concerning incarcerated individuals with intellectual or developmental disabilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act.

Section 5. Findings and purpose.

(a) Findings. The General Assembly finds that:

(1) Individuals with an intellectual disability or a developmental disability face systemic barriers to accessing educational programs, work assignments, and vocational programs in correctional settings.

(2) Required standardized assessments, such as the Test of Adult Basic Education, do not adequately accommodate the unique cognitive and learning needs of individuals with an intellectual disability or a developmental disability.

(3) Exclusion from such programs undermines rehabilitation efforts, increases recidivism rates, and violates equity and inclusion principles.

(4) Tailored accommodations, including the Test of Adult Basic Education waiver, are essential for compliance with federal laws, such as the Americans with Disabilities Act and the Rehabilitation Act of 1973.

(5) The requirement to meet the Test of Adult Basic Education standards unfairly denies individuals who are incarcerated and have an intellectual disability or a developmental disability the opportunity to earn earned sentence credit, also referred to as "ESC" or "good time served", on the same terms as their peers, further exacerbating inequities in rehabilitation outcomes.

(b) Purpose. The purpose of this Act is to mandate equitable access to work, educational, or vocational assignments for incarcerated individuals with an intellectual disability or a developmental disability by:

(1) Establishing a waiver for the Test of Adult Basic Education requirement, its successor, or any similar examination used to measure academic achievement, to ensure that incarcerated individuals with an intellectual disability or developmental disability can qualify for participation in educational and vocational programs offering earned sentence credit.

(2) Ensuring that incarcerated individuals with an intellectual disability or a developmental disability have equal access to earned sentence credit opportunities through participation in educational programs, work assignments, and vocational programs.

Section 10. Definitions. In this Act:

"Department" means the Department of Corrections.

"Developmental disability" has the meaning ascribed to the term in Section 1-106 of the Mental Health and Developmental Disabilities Code.

"Intellectual disability" has the meaning ascribed to the term in Section 1-116 of the Mental Health and Developmental Disabilities Code.

Section 15. Reasonable accommodations; Test of Adult Basic Education waiver.

(a) When an incarcerated individual discloses that the incarcerated individual has an intellectual disability or a developmental disability and provides documentation verifying such disability, the incarcerated individual shall be eligible for a waiver of any requirement to take or receive a passing score on the Test of Adult Basic Education, or any successor examination used to determine access to educational, employment, or vocational programming.

(b) Documentation verifying an intellectual disability or a developmental disability may include, but is not limited to:

(1) a prior Individualized Education Program (IEP);

(2) documentation of eligibility for developmental disability services;

(3) a psychological or neuropsychological evaluation;

(4) documentation from the Department of Human Services or a community provider; or

(5) if verifying documentation is unavailable, the Department may use available records and assessments to make a determination.

(c) In the absence of formal documentation, the Department shall consider a waiver if credible evidence of disability exists and shall help the individual to obtain documentation.

(d) The Department shall establish multiple pathways for disclosure and collection of information verifying an intellectual or a developmental disability including, but not limited to:

(1) during intake and classification;

(2) during intake from a county jail or mental health facility;

(3) during the process of receiving an individual who is transferred from the Department of Juvenile Justice, another State agency or a State-operated facility;

(4) at the time of requesting access to educational, employment, or vocational programming; or

(5) during re-entry planning; and (6) during the provision of mental health services to the individual.

(e) Upon disclosure, the Department shall provide written and verbal notice to the individual explaining:

(1) the availability of a Test of Adult Basic Education waiver;

(2) the verification process;

(3) the right to request assistance to obtain verifying documentation; and

(4) the impact of a waiver on eligibility for programming and earned sentence credit.

(f) The determination of a waiver request must be made within 45 days after the request is submitted.

(g) Participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned sentence credit, consistent with opportunities provided to other incarcerated individuals.

Section 20. Informational materials.

(a) The Department shall develop, in collaboration with the Illinois Council on Developmental Disabilities and other disability organizations in Illinois, accessible informational materials written in plain English, Spanish, and other languages appropriate to reach the population of incarcerated individuals explaining:

(1) the availability of accommodations and waivers under this Act;

(2) how to disclose a disability;

(3) how to request help to obtain documentation to verify a disability; and

(4) grievance rights if access is denied.

(b) Informational materials shall be provided at intake and posted where other informational material is generally posted or made available.

(c) Informational materials shall be available in alternative formats upon request, including large print and audio.

Section 25. Staff training and education.

(a) Department staff, including educational personnel, may receive annual training on:

(1) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment, and vocational settings; and

(2) administering appropriate alternative assessments.

(b) To facilitate staff training and education the Department shall develop:

(1) standardized disability disclosure procedures;

(2) verification and documentation review protocols;

(3) training modules for intake, educational, mental health and re-entry staff; and

(4) data collection procedures to track waiver requests, approvals, denials, and outcomes.

Section 30. Compliance and enforcement.

(a) The Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and the Rehabilitation Act of 1973, through the implementation of this Act.

(b) Individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under this Act may file a grievance through the Department's established grievance procedures.

(c) No later than March 31 of each year beginning on March 31, 2028, the Department shall report the following aggregate data to the Governor and the General Assembly for the previous fiscal year:

(1) the number of individuals identified through the pathways in subsection (d) of Section 15;

(2) the number of waiver requests received;

(3) the number of waivers approved and denied;

(4) the number of individuals who disclose they have an intellectual disability or a developmental disability participating in educational, employment and vocational programs;

(5) within programs that require the Test of Adult Basic Education, the number of individuals who identified with an intellectual disability or a developmental disability who were allowed to participate through a waiver; and

(6) the earned sentence credit outcomes for individuals receiving waivers.

Section 35. Applicability. Nothing in this Act shall be construed to apply to or affect adult education or any program administered or approved by the Illinois Community College Board within facilities of the Department of Corrections.

Section 99. Effective date. This Act takes effect upon becoming law.