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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | |||||||||||||||||||
5 | by changing Sections 8 and 35.10 as follows:
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6 | (20 ILCS 505/8) (from Ch. 23, par. 5008)
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7 | Sec. 8. Scholarships and fee waivers; tuition waiver. | |||||||||||||||||||
8 | (a) Each year the Department shall select a minimum of 53 | |||||||||||||||||||
9 | students (at least 4 of whom shall be children of veterans) to | |||||||||||||||||||
10 | receive scholarships and fee waivers which will enable them to | |||||||||||||||||||
11 | attend and complete their post-secondary education at a | |||||||||||||||||||
12 | community college, university, or college. Youth shall be | |||||||||||||||||||
13 | selected from among the youth for whom the Department has | |||||||||||||||||||
14 | court-ordered legal responsibility, youth who aged out of care | |||||||||||||||||||
15 | at age 18 or older, or youth formerly under care
who have been | |||||||||||||||||||
16 | adopted or who have been placed in private guardianship. | |||||||||||||||||||
17 | Recipients must have earned a high school diploma from an | |||||||||||||||||||
18 | accredited institution or a State of Illinois High School | |||||||||||||||||||
19 | Diploma high school equivalency certificate or diploma or have | |||||||||||||||||||
20 | met the State criteria for high school graduation before the | |||||||||||||||||||
21 | start of the school year for which they are applying for the | |||||||||||||||||||
22 | scholarship and waiver. Scholarships and fee waivers shall be | |||||||||||||||||||
23 | available to students for at least 5 years, provided they are |
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1 | continuing to work toward graduation. Unused scholarship | ||||||
2 | dollars and fee waivers shall be reallocated to new | ||||||
3 | recipients. No later than January 1, 2015, the Department | ||||||
4 | shall promulgate rules identifying the criteria for | ||||||
5 | "continuing to work toward graduation" and for reallocating | ||||||
6 | unused scholarships and fee waivers. Selection shall be made | ||||||
7 | on the
basis of several factors, including, but not limited | ||||||
8 | to, scholastic record, aptitude, and general interest in | ||||||
9 | higher
education. The selection committee shall include at | ||||||
10 | least 2 individuals formerly under the care of the Department | ||||||
11 | who have completed their post-secondary education. In | ||||||
12 | accordance with this Act, tuition scholarships and fee waivers
| ||||||
13 | shall be available to such students at any university or | ||||||
14 | college maintained by
the State of Illinois. The Department | ||||||
15 | shall provide maintenance and school
expenses, except tuition | ||||||
16 | and fees, during the academic years to supplement
the | ||||||
17 | students' earnings or other resources so long as they | ||||||
18 | consistently
maintain scholastic records which are acceptable | ||||||
19 | to their schools and to
the Department. Students may attend | ||||||
20 | other colleges and universities, if
scholarships are awarded | ||||||
21 | them, and receive the same benefits for maintenance
and other | ||||||
22 | expenses as those students attending any Illinois State | ||||||
23 | community
college, university, or college under this Section. | ||||||
24 | Beginning with recipients receiving scholarships and waivers | ||||||
25 | in August 2014, the Department shall collect data and report | ||||||
26 | annually to the General Assembly on measures of success, |
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| |||||||
1 | including (i) the number of youth applying for and receiving | ||||||
2 | scholarships or waivers, (ii) the percentage of scholarship or | ||||||
3 | waiver recipients who complete their college or university | ||||||
4 | degree within 5 years, (iii) the average length of time it | ||||||
5 | takes for scholarship or waiver recipients to complete their | ||||||
6 | college or university degree, (iv) the reasons that | ||||||
7 | scholarship or waiver recipients are discharged or fail to | ||||||
8 | complete their college or university degree, (v) when | ||||||
9 | available, youths' outcomes 5 years and 10 years after being | ||||||
10 | awarded the scholarships or waivers, and (vi) budget | ||||||
11 | allocations for maintenance and school expenses incurred by | ||||||
12 | the Department.
| ||||||
13 | (b) Youth shall receive a tuition and fee waiver to assist | ||||||
14 | them in attending and completing their post-secondary | ||||||
15 | education at any community college, university, or college | ||||||
16 | maintained by the State of Illinois if they are youth for whom | ||||||
17 | the Department has court-ordered legal responsibility, youth | ||||||
18 | who aged out of care at age 18 or older, or youth formerly | ||||||
19 | under care who have been adopted and were the subject of an | ||||||
20 | adoption assistance agreement or who have been placed in | ||||||
21 | private guardianship and were the subject of a subsidized | ||||||
22 | guardianship agreement. | ||||||
23 | To receive a waiver under this subsection, an applicant | ||||||
24 | must: | ||||||
25 | (1) have earned a high school diploma from an
| ||||||
26 | accredited institution or a State of Illinois High School |
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| |||||||
1 | Diploma high school equivalency
certificate or have met | ||||||
2 | the State criteria for high school
graduation before the | ||||||
3 | start of the school year for which the applicant is | ||||||
4 | applying for the waiver; | ||||||
5 | (2) enroll in a
qualifying post-secondary education | ||||||
6 | before the applicant reaches the age
of 26; and | ||||||
7 | (3) apply for federal and State grant assistance by | ||||||
8 | completing the Free Application for Federal Student Aid. | ||||||
9 | The community college or public university
that an | ||||||
10 | applicant attends must waive any tuition and fee amounts that | ||||||
11 | exceed the amounts paid to the applicant under the federal | ||||||
12 | Pell Grant Program or the State's Monetary Award Program. | ||||||
13 | Tuition and fee waivers shall be available to a student | ||||||
14 | for at least the first 5 years the student is enrolled in a | ||||||
15 | community college, university, or college maintained by the | ||||||
16 | State of Illinois so long as the student makes satisfactory | ||||||
17 | progress toward completing his or her degree. The age | ||||||
18 | requirement and 5-year cap on tuition and fee waivers under | ||||||
19 | this subsection shall be waived and eligibility for tuition | ||||||
20 | and fee waivers shall be extended for any applicant or student | ||||||
21 | who the Department determines was unable to enroll in a | ||||||
22 | qualifying post-secondary school or complete an academic term | ||||||
23 | because the applicant or student: (i) was called into active | ||||||
24 | duty with the United States Armed Forces; (ii) was deployed | ||||||
25 | for service in the United States Public Health Service | ||||||
26 | Commissioned Corps; or (iii) volunteered in the Peace Corps or |
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1 | the AmeriCorps. The Department shall extend eligibility for a | ||||||
2 | qualifying applicant or student by the total number of months | ||||||
3 | or years during which the applicant or student served on | ||||||
4 | active duty with the United States Armed Forces, was deployed | ||||||
5 | for service in the United States Public Health Service | ||||||
6 | Commissioned Corps, or volunteered in the Peace Corps or the | ||||||
7 | AmeriCorps. The number of months an applicant or student | ||||||
8 | served on active duty with the United States Armed Forces | ||||||
9 | shall be rounded up to the next higher year to determine the | ||||||
10 | maximum length of time to extend eligibility for the applicant | ||||||
11 | or student. | ||||||
12 | The Department may provide the student with a stipend to | ||||||
13 | cover maintenance and school expenses, except tuition and | ||||||
14 | fees, during the academic years to supplement the student's | ||||||
15 | earnings or other resources so long as the student | ||||||
16 | consistently maintains scholastic records which are acceptable | ||||||
17 | to the student's school and to the Department. | ||||||
18 | The Department shall develop outreach programs to ensure | ||||||
19 | that youths who qualify for the tuition and fee waivers under | ||||||
20 | this subsection who are high school students in grades 9 | ||||||
21 | through 12 or who are enrolled in a high school equivalency | ||||||
22 | testing program are aware of the availability of the tuition | ||||||
23 | and fee waivers. | ||||||
24 | (c) Subject to appropriation, the Department shall provide | ||||||
25 | eligible youth an apprenticeship stipend to cover those costs | ||||||
26 | associated with entering and sustaining through completion an |
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1 | apprenticeship, including, but not limited to fees, tuition | ||||||
2 | for classes, work clothes, rain gear, boots, and | ||||||
3 | occupation-specific tools. The following youth may be eligible | ||||||
4 | for the apprenticeship stipend provided under this subsection: | ||||||
5 | youth for whom the Department has court-ordered legal | ||||||
6 | responsibility; youth who aged out of care at age 18 or older; | ||||||
7 | or youth formerly under care who have been adopted and were the | ||||||
8 | subject of an adoption assistance agreement or who have been | ||||||
9 | placed in private guardianship and were the subject of a | ||||||
10 | subsidized guardianship agreement. | ||||||
11 | To receive a stipend under this subsection, an applicant | ||||||
12 | must: | ||||||
13 | (1) be enrolled in an apprenticeship training program | ||||||
14 | approved or recognized by the Illinois Department of | ||||||
15 | Employment Security or an apprenticeship program approved | ||||||
16 | by the United States Department of Labor; | ||||||
17 | (2) not be a recipient of a scholarship or fee waiver | ||||||
18 | under subsection (a) or (b); and | ||||||
19 | (3) be under the age of 26 before enrolling in a | ||||||
20 | qualified apprenticeship program. | ||||||
21 | Apprenticeship stipends shall be available to an eligible | ||||||
22 | youth for a maximum of 5 years after the youth enrolls in a | ||||||
23 | qualifying apprenticeship program so long as the youth makes | ||||||
24 | satisfactory progress toward completing his or her | ||||||
25 | apprenticeship. The age requirement and 5-year cap on the | ||||||
26 | apprenticeship stipend provided under this subsection shall be |
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1 | extended for any applicant who the Department determines was | ||||||
2 | unable to enroll in a qualifying apprenticeship program | ||||||
3 | because the applicant: (i) was called into active duty with | ||||||
4 | the United States Armed Forces; (ii) was deployed for service | ||||||
5 | in the United States Public Health Service Commissioned Corps; | ||||||
6 | or (iii) volunteered in the Peace Corps or the AmeriCorps. The | ||||||
7 | Department shall extend eligibility for a qualifying applicant | ||||||
8 | by the total number of months or years during which the | ||||||
9 | applicant served on active duty with the United States Armed | ||||||
10 | Forces, was deployed for service in the United States Public | ||||||
11 | Health Service Commissioned Corps, or volunteered in the Peace | ||||||
12 | Corps or the AmeriCorps. The number of months an applicant | ||||||
13 | served on active duty with the United States Armed Forces | ||||||
14 | shall be rounded up to the next higher year to determine the | ||||||
15 | maximum length of time to extend eligibility for the | ||||||
16 | applicant. | ||||||
17 | The Department shall develop outreach programs to ensure | ||||||
18 | that youths who qualify for the apprenticeship stipends under | ||||||
19 | this subsection who are high school students in grades 9 | ||||||
20 | through 12 or who are enrolled in a high school equivalency | ||||||
21 | testing program are aware of the availability of the | ||||||
22 | apprenticeship stipend. | ||||||
23 | (Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20 .)
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24 | (20 ILCS 505/35.10) | ||||||
25 | Sec. 35.10. Documents necessary for adult living. The |
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1 | Department shall assist a youth in care in identifying and | ||||||
2 | obtaining documents necessary to function as an independent | ||||||
3 | adult prior to the closure of the youth's case to terminate | ||||||
4 | wardship as provided in Section 2-31 of the Juvenile Court Act | ||||||
5 | of 1987. These necessary documents shall include, but not be | ||||||
6 | limited to, any of the following: | ||||||
7 | (1) State identification card or driver's license. | ||||||
8 | (2) Social Security card. | ||||||
9 | (3) Medical records, including, but not limited to, | ||||||
10 | health passport, dental records, immunization records, | ||||||
11 | name and contact information for all current medical, | ||||||
12 | dental, and mental health providers, and a signed | ||||||
13 | certification that the Department provided the youth with | ||||||
14 | education on executing a healthcare power of attorney. | ||||||
15 | (4) Medicaid card or other health eligibility | ||||||
16 | documentation. | ||||||
17 | (5) Certified copy of birth certificate. | ||||||
18 | (6) Any applicable religious documents. | ||||||
19 | (7) Voter registration card. | ||||||
20 | (8) Immigration, citizenship, or naturalization | ||||||
21 | documentation, if applicable. | ||||||
22 | (9) Death certificates of parents, if applicable. | ||||||
23 | (10) Life book or compilation of personal history and | ||||||
24 | photographs. | ||||||
25 | (11) List of known relatives with relationships, | ||||||
26 | addresses, telephone numbers, and other contact |
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1 | information, with the permission of the involved relative. | ||||||
2 | (12) Resume. | ||||||
3 | (13) Educational records, including list of schools | ||||||
4 | attended, and transcript, high school diploma, or State of | ||||||
5 | Illinois High School Diploma high school equivalency | ||||||
6 | certificate . | ||||||
7 | (14) List of placements while in care. | ||||||
8 | (15) List of community resources with referral | ||||||
9 | information, including the Midwest Adoption Center for | ||||||
10 | search and reunion services for former youth in care, | ||||||
11 | whether or not they were adopted, and the Illinois Chapter | ||||||
12 | of Foster Care Alumni of America. | ||||||
13 | (16) All documents necessary to complete a Free | ||||||
14 | Application for Federal Student Aid form, if applicable, | ||||||
15 | or an application for State financial aid. | ||||||
16 | If a court determines that a youth in care no longer requires | ||||||
17 | wardship of the court and orders the wardship terminated and | ||||||
18 | all proceedings under the Juvenile Court Act of 1987 | ||||||
19 | respecting the youth in care finally closed and discharged, | ||||||
20 | the Department shall ensure that the youth in care receives a | ||||||
21 | copy of the court's order.
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22 | (Source: P.A. 102-70, eff. 1-1-22 .) | ||||||
23 | Section 10. The Illinois Youthbuild Act is amended by | ||||||
24 | changing Section 25 as follows:
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1 | (20 ILCS 1315/25)
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2 | Sec. 25. Eligible participants. Eligible participants are | ||||||
3 | youth
16 to 24 years old who are economically disadvantaged as | ||||||
4 | defined in United
States Code, Title 29, Section 1503, and who | ||||||
5 | are part of one of the following
groups:
| ||||||
6 | (a) Persons who are not attending any school and have | ||||||
7 | not received a
secondary school diploma or its equivalent.
| ||||||
8 | (b) Persons currently enrolled in a traditional or | ||||||
9 | alternative school
setting or a high school equivalency | ||||||
10 | testing program and who are in danger of dropping out of | ||||||
11 | school.
| ||||||
12 | (c) A member of a low-income family, a youth in foster | ||||||
13 | care (including a youth aging-out of foster care), a youth | ||||||
14 | offender, a youth with a disability, a child of | ||||||
15 | incarcerated parents, or a migrant youth.
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16 | Not more than 25% of the participants in the program may be
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17 | individuals who do not meet the requirements of subsections | ||||||
18 | (a) or (b),
but who are deficient in basic skills despite | ||||||
19 | having attained a secondary school diploma, State of Illinois | ||||||
20 | High School Diploma high school equivalency certificate , or | ||||||
21 | other State-recognized equivalent, or who have been referred | ||||||
22 | by a local secondary school for participation in a Youthbuild | ||||||
23 | program leading to the attainment of a secondary school | ||||||
24 | diploma.
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25 | (Source: P.A. 98-718, eff. 1-1-15 .)
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1 | Section 15. The Mental Health and Developmental | ||||||
2 | Disabilities Administrative Act is amended by changing Section | ||||||
3 | 15.4 as follows:
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4 | (20 ILCS 1705/15.4)
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5 | Sec. 15.4. Authorization for nursing delegation to permit | ||||||
6 | direct care
staff to
administer medications. | ||||||
7 | (a) This Section applies to (i) all residential programs | ||||||
8 | for persons
with a
developmental disability in settings of 16 | ||||||
9 | persons or fewer that are funded or
licensed by the Department | ||||||
10 | of Human
Services and that distribute or administer | ||||||
11 | medications, (ii) all
intermediate care
facilities for persons | ||||||
12 | with developmental disabilities with 16 beds or fewer that are
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13 | licensed by the
Department of Public Health, and (iii) all day | ||||||
14 | programs certified to serve persons with developmental | ||||||
15 | disabilities by the Department of Human Services. The | ||||||
16 | Department of Human Services shall develop a
training program | ||||||
17 | for authorized direct care staff to administer
medications | ||||||
18 | under the
supervision and monitoring of a registered | ||||||
19 | professional nurse.
The training program for authorized direct | ||||||
20 | care staff shall include educational and oversight components | ||||||
21 | for staff who work in day programs that are similar to those | ||||||
22 | for staff who work in residential programs. This training | ||||||
23 | program shall be developed in consultation with professional
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24 | associations representing (i) physicians licensed to practice | ||||||
25 | medicine in all
its branches, (ii) registered professional |
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1 | nurses, and (iii) pharmacists.
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2 | (b) For the purposes of this Section:
| ||||||
3 | "Authorized direct care staff" means non-licensed persons | ||||||
4 | who have
successfully completed a medication administration | ||||||
5 | training program
approved by the Department of Human Services | ||||||
6 | and conducted by a nurse-trainer.
This authorization is | ||||||
7 | specific to an individual receiving service in
a
specific | ||||||
8 | agency and does not transfer to another agency.
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9 | "Medications" means oral and topical medications, insulin | ||||||
10 | in an injectable form, oxygen, epinephrine auto-injectors, and | ||||||
11 | vaginal and rectal creams and suppositories. "Oral" includes | ||||||
12 | inhalants and medications administered through enteral tubes, | ||||||
13 | utilizing aseptic technique. "Topical" includes eye, ear, and | ||||||
14 | nasal medications. Any controlled substances must be packaged | ||||||
15 | specifically for an identified individual. | ||||||
16 | "Insulin in an injectable form" means a subcutaneous | ||||||
17 | injection via an insulin pen pre-filled by the manufacturer. | ||||||
18 | Authorized direct care staff may administer insulin, as | ||||||
19 | ordered by a physician, advanced practice registered nurse, or | ||||||
20 | physician assistant, if: (i) the staff has successfully | ||||||
21 | completed a Department-approved advanced training program | ||||||
22 | specific to insulin administration developed in consultation | ||||||
23 | with professional associations listed in subsection (a) of | ||||||
24 | this Section, and (ii) the staff consults with the registered | ||||||
25 | nurse, prior to administration, of any insulin dose that is | ||||||
26 | determined based on a blood glucose test result. The |
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1 | authorized direct care staff shall not: (i) calculate the | ||||||
2 | insulin dosage needed when the dose is dependent upon a blood | ||||||
3 | glucose test result, or (ii) administer insulin to individuals | ||||||
4 | who require blood glucose monitoring greater than 3 times | ||||||
5 | daily, unless directed to do so by the registered nurse. | ||||||
6 | "Nurse-trainer training program" means a standardized, | ||||||
7 | competency-based
medication administration train-the-trainer | ||||||
8 | program provided by the
Department of Human Services and | ||||||
9 | conducted by a Department of Human
Services master | ||||||
10 | nurse-trainer for the purpose of training nurse-trainers to
| ||||||
11 | train persons employed or under contract to provide direct | ||||||
12 | care or
treatment to individuals receiving services to | ||||||
13 | administer
medications and provide self-administration of | ||||||
14 | medication training to
individuals under the supervision and | ||||||
15 | monitoring of the nurse-trainer. The
program incorporates | ||||||
16 | adult learning styles, teaching strategies, classroom
| ||||||
17 | management, and a curriculum overview, including the ethical | ||||||
18 | and legal
aspects of supervising those administering | ||||||
19 | medications.
| ||||||
20 | "Self-administration of medications" means an individual | ||||||
21 | administers
his or her own medications. To be considered | ||||||
22 | capable to self-administer
their own medication, individuals | ||||||
23 | must, at a minimum, be able to identify
their medication by | ||||||
24 | size, shape, or color, know when they should take
the | ||||||
25 | medication, and know the amount of medication to be taken each | ||||||
26 | time.
|
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1 | "Training program" means a standardized medication | ||||||
2 | administration
training program approved by the Department of | ||||||
3 | Human Services and
conducted by a registered professional | ||||||
4 | nurse for the purpose of training
persons employed or under | ||||||
5 | contract to provide direct care or treatment to
individuals | ||||||
6 | receiving services to administer medications
and provide | ||||||
7 | self-administration of medication training to individuals | ||||||
8 | under
the delegation and supervision of a nurse-trainer. The | ||||||
9 | program incorporates
adult learning styles, teaching | ||||||
10 | strategies, classroom management,
curriculum overview, | ||||||
11 | including ethical-legal aspects, and standardized
| ||||||
12 | competency-based evaluations on administration of medications | ||||||
13 | and
self-administration of medication training programs.
| ||||||
14 | (c) Training and authorization of non-licensed direct care | ||||||
15 | staff by
nurse-trainers must meet the requirements of this | ||||||
16 | subsection.
| ||||||
17 | (1) Prior to training non-licensed direct care staff | ||||||
18 | to administer
medication, the nurse-trainer shall perform | ||||||
19 | the following for each
individual to whom medication will | ||||||
20 | be administered by non-licensed
direct care staff:
| ||||||
21 | (A) An assessment of the individual's health | ||||||
22 | history and
physical and mental status.
| ||||||
23 | (B) An evaluation of the medications prescribed.
| ||||||
24 | (2) Non-licensed authorized direct care staff shall | ||||||
25 | meet the
following criteria:
| ||||||
26 | (A) Be 18 years of age or older.
|
| |||||||
| |||||||
1 | (B) Have completed high school or have a State of | ||||||
2 | Illinois High School Diploma high school equivalency | ||||||
3 | certificate .
| ||||||
4 | (C) Have demonstrated functional literacy.
| ||||||
5 | (D) Have satisfactorily completed the Health and | ||||||
6 | Safety
component of a Department of Human Services | ||||||
7 | authorized
direct care staff training program.
| ||||||
8 | (E) Have successfully completed the training | ||||||
9 | program,
pass the written portion of the comprehensive | ||||||
10 | exam, and score
100% on the competency-based | ||||||
11 | assessment specific to the
individual and his or her | ||||||
12 | medications.
| ||||||
13 | (F) Have received additional competency-based | ||||||
14 | assessment
by the nurse-trainer as deemed necessary by | ||||||
15 | the nurse-trainer
whenever a change of medication | ||||||
16 | occurs or a new individual
that requires medication | ||||||
17 | administration enters the program.
| ||||||
18 | (3) Authorized direct care staff shall be re-evaluated | ||||||
19 | by a
nurse-trainer at least annually or more frequently at | ||||||
20 | the discretion of
the registered professional nurse. Any | ||||||
21 | necessary retraining shall be
to the extent that is | ||||||
22 | necessary to ensure competency of the authorized
direct | ||||||
23 | care staff to administer medication.
| ||||||
24 | (4) Authorization of direct care staff to administer | ||||||
25 | medication
shall be revoked if, in the opinion of the | ||||||
26 | registered professional nurse,
the authorized direct care |
| |||||||
| |||||||
1 | staff is no longer competent to administer
medication.
| ||||||
2 | (5) The registered professional nurse shall assess an
| ||||||
3 | individual's health status at least annually or more | ||||||
4 | frequently at the
discretion of the registered | ||||||
5 | professional nurse.
| ||||||
6 | (d) Medication self-administration shall meet the | ||||||
7 | following
requirements:
| ||||||
8 | (1) As part of the normalization process, in order for | ||||||
9 | each
individual to attain the highest possible level of | ||||||
10 | independent
functioning, all individuals shall be | ||||||
11 | permitted to participate in their
total health care | ||||||
12 | program. This program shall include, but not be
limited | ||||||
13 | to, individual training in preventive health and | ||||||
14 | self-medication
procedures.
| ||||||
15 | (A) Every program shall adopt written policies and
| ||||||
16 | procedures for assisting individuals in obtaining | ||||||
17 | preventative
health and self-medication skills in | ||||||
18 | consultation with a
registered professional nurse, | ||||||
19 | advanced practice registered nurse,
physician | ||||||
20 | assistant, or physician licensed to practice medicine
| ||||||
21 | in all its branches.
| ||||||
22 | (B) Individuals shall be evaluated to determine | ||||||
23 | their
ability to self-medicate by the nurse-trainer | ||||||
24 | through the use of
the Department's required, | ||||||
25 | standardized screening and assessment
instruments.
| ||||||
26 | (C) When the results of the screening and |
| |||||||
| |||||||
1 | assessment
indicate an individual not to be capable to | ||||||
2 | self-administer his or her
own medications, programs | ||||||
3 | shall be developed in consultation
with the Community | ||||||
4 | Support Team or Interdisciplinary
Team to provide | ||||||
5 | individuals with self-medication
administration.
| ||||||
6 | (2) Each individual shall be presumed to be competent | ||||||
7 | to self-administer
medications if:
| ||||||
8 | (A) authorized by an order of a physician licensed | ||||||
9 | to
practice medicine in all its branches, an advanced | ||||||
10 | practice registered nurse, or a physician assistant; | ||||||
11 | and
| ||||||
12 | (B) approved to self-administer medication by the
| ||||||
13 | individual's Community Support Team or
| ||||||
14 | Interdisciplinary Team, which includes a registered
| ||||||
15 | professional nurse or an advanced practice registered | ||||||
16 | nurse.
| ||||||
17 | (e) Quality Assurance.
| ||||||
18 | (1) A registered professional nurse, advanced practice | ||||||
19 | registered nurse,
licensed practical nurse, physician | ||||||
20 | licensed to practice medicine in all
its branches, | ||||||
21 | physician assistant, or pharmacist shall review the
| ||||||
22 | following for all individuals:
| ||||||
23 | (A) Medication orders.
| ||||||
24 | (B) Medication labels, including medications | ||||||
25 | listed on
the medication administration record for | ||||||
26 | persons who are not
self-medicating to ensure the |
| |||||||
| |||||||
1 | labels match the orders issued by
the physician | ||||||
2 | licensed to practice medicine in all its branches,
| ||||||
3 | advanced practice registered nurse, or physician | ||||||
4 | assistant.
| ||||||
5 | (C) Medication administration records for persons | ||||||
6 | who
are not self-medicating to ensure that the records | ||||||
7 | are completed
appropriately for:
| ||||||
8 | (i) medication administered as prescribed;
| ||||||
9 | (ii) refusal by the individual; and
| ||||||
10 | (iii) full signatures provided for all | ||||||
11 | initials used.
| ||||||
12 | (2) Reviews shall occur at least quarterly, but may be | ||||||
13 | done
more frequently at the discretion of the registered | ||||||
14 | professional nurse
or advanced practice registered nurse.
| ||||||
15 | (3) A quality assurance review of medication errors | ||||||
16 | and data
collection for the purpose of monitoring and | ||||||
17 | recommending
corrective action shall be conducted within 7 | ||||||
18 | days and included in the
required annual review.
| ||||||
19 | (f) Programs using authorized direct care
staff to | ||||||
20 | administer medications are responsible for documenting and | ||||||
21 | maintaining
records
on the training that is completed.
| ||||||
22 | (g) The absence of this training program constitutes a | ||||||
23 | threat to the
public interest,
safety, and welfare and | ||||||
24 | necessitates emergency rulemaking by
the Departments of Human | ||||||
25 | Services and
Public Health
under Section 5-45
of
the
Illinois | ||||||
26 | Administrative Procedure Act.
|
| |||||||
| |||||||
1 | (h) Direct care staff who fail to qualify for delegated | ||||||
2 | authority to
administer medications pursuant to the provisions | ||||||
3 | of this Section shall be
given
additional education and | ||||||
4 | testing to meet criteria for
delegation authority to | ||||||
5 | administer medications.
Any direct care staff person who fails | ||||||
6 | to qualify as an authorized direct care
staff
after initial | ||||||
7 | training and testing must within 3 months be given another
| ||||||
8 | opportunity for retraining and retesting. A direct care staff | ||||||
9 | person who fails
to
meet criteria for delegated authority to | ||||||
10 | administer medication, including, but
not limited to, failure | ||||||
11 | of the written test on 2 occasions shall be given
| ||||||
12 | consideration for shift transfer or reassignment, if possible. | ||||||
13 | No employee
shall be terminated for failure to qualify during | ||||||
14 | the 3-month time period
following initial testing. Refusal to | ||||||
15 | complete training and testing required
by this Section may be | ||||||
16 | grounds for immediate dismissal.
| ||||||
17 | (i) No authorized direct care staff person delegated to | ||||||
18 | administer
medication shall be subject to suspension or | ||||||
19 | discharge for errors
resulting from the staff
person's acts or | ||||||
20 | omissions when performing the functions unless the staff
| ||||||
21 | person's actions or omissions constitute willful and wanton | ||||||
22 | conduct.
Nothing in this subsection is intended to supersede | ||||||
23 | paragraph (4) of subsection
(c).
| ||||||
24 | (j) A registered professional nurse, advanced practice | ||||||
25 | registered nurse,
physician licensed to practice medicine in | ||||||
26 | all its branches, or physician
assistant shall be on
duty or
on |
| |||||||
| |||||||
1 | call at all times in any program covered by this Section.
| ||||||
2 | (k) The employer shall be responsible for maintaining | ||||||
3 | liability insurance
for any program covered by this Section.
| ||||||
4 | (l) Any direct care staff person who qualifies as | ||||||
5 | authorized direct care
staff pursuant to this Section shall be | ||||||
6 | granted consideration for a one-time
additional
salary | ||||||
7 | differential. The Department shall determine and provide the | ||||||
8 | necessary
funding for
the differential in the base. This | ||||||
9 | subsection (l) is inoperative on and after
June 30, 2000.
| ||||||
10 | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | ||||||
11 | 99-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. | ||||||
12 | 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
13 | Section 20. The School Code is amended by changing | ||||||
14 | Sections 3-15.12, 13-40, and 26-2 as follows: | ||||||
15 | (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
| ||||||
16 | Sec. 3-15.12. High school equivalency.
The regional
| ||||||
17 | superintendent of schools and the Illinois Community College | ||||||
18 | Board shall make available for qualified individuals
residing | ||||||
19 | within the region a High School Equivalency Testing Program | ||||||
20 | and alternative methods of credentialing, as identified under | ||||||
21 | this Section.
For that purpose the regional superintendent | ||||||
22 | alone or with other
regional superintendents may establish and | ||||||
23 | supervise a testing center or
centers to administer the secure | ||||||
24 | forms for high school equivalency testing to qualified |
| |||||||
| |||||||
1 | persons. Such centers
shall be under the supervision of the | ||||||
2 | regional superintendent in whose
region such centers are | ||||||
3 | located, subject to the approval
of the
Executive Director of | ||||||
4 | the Illinois Community College Board.
The Illinois Community | ||||||
5 | College Board shall also establish criteria and make available | ||||||
6 | alternative methods of credentialing throughout the State. | ||||||
7 | An individual is eligible to apply to the regional | ||||||
8 | superintendent of schools
for the region in which he or she
| ||||||
9 | resides if he or she is: (a) a person who is 17 years
of age or | ||||||
10 | older, has maintained residence in the State of Illinois,
and | ||||||
11 | is
not a high school graduate; (b)
a person who is successfully | ||||||
12 | completing an
alternative education program under Section | ||||||
13 | 2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
| ||||||
14 | enrolled in a youth education program sponsored by the | ||||||
15 | Illinois National
Guard.
For purposes of this Section, | ||||||
16 | residence is that abode which the applicant
considers his or | ||||||
17 | her home. Applicants may provide as sufficient proof of such
| ||||||
18 | residence and as an acceptable form of identification a | ||||||
19 | driver's license, valid passport, military ID, or other form | ||||||
20 | of government-issued national or foreign identification that | ||||||
21 | shows the applicant's name, address, date of birth, signature, | ||||||
22 | and photograph or other acceptable identification as may be | ||||||
23 | allowed by law or as regulated by the Illinois Community | ||||||
24 | College Board. Such regional superintendent shall determine if | ||||||
25 | the
applicant meets statutory and regulatory state standards. | ||||||
26 | If qualified the
applicant shall at the time of such |
| |||||||
| |||||||
1 | application pay a fee established by the
Illinois Community | ||||||
2 | College Board, which fee shall be paid into a special
fund
| ||||||
3 | under the control and supervision of the regional | ||||||
4 | superintendent. Such moneys
received by the regional | ||||||
5 | superintendent shall be used, first, for the
expenses incurred
| ||||||
6 | in administering and scoring the examination, and next for | ||||||
7 | other educational
programs that are developed and designed by | ||||||
8 | the regional superintendent of
schools to assist those who | ||||||
9 | successfully complete high school equivalency testing or meet | ||||||
10 | the criteria for alternative methods of credentialing in | ||||||
11 | furthering their academic development or
their ability to | ||||||
12 | secure and retain gainful employment, including programs for
| ||||||
13 | the competitive award based on test scores of college or adult | ||||||
14 | education
scholarship grants or similar educational | ||||||
15 | incentives. Any excess moneys shall
be paid into the institute | ||||||
16 | fund.
| ||||||
17 | Any applicant who has achieved the minimum passing | ||||||
18 | standards as
established by the
Illinois Community College | ||||||
19 | Board shall be
notified in writing by the regional | ||||||
20 | superintendent and shall be
issued a State of Illinois High | ||||||
21 | School Diploma high school equivalency certificate on the | ||||||
22 | forms provided by the
Illinois Community College Board. The | ||||||
23 | regional superintendent shall
then certify to the Illinois | ||||||
24 | Community College Board
the score of the applicant and such | ||||||
25 | other and additional information
that may be required by the | ||||||
26 | Illinois Community College Board. The
moneys received |
| |||||||
| |||||||
1 | therefrom shall be used in the same manner as provided
for in | ||||||
2 | this Section.
| ||||||
3 | The Illinois Community College Board shall establish | ||||||
4 | alternative methods of credentialing for the issuance of a | ||||||
5 | State of Illinois High School Diploma high school equivalency | ||||||
6 | certification . In addition to high school equivalency testing, | ||||||
7 | the following alternative methods of receiving a State of | ||||||
8 | Illinois High School Diploma high school equivalency | ||||||
9 | credential shall be made available to qualified individuals on | ||||||
10 | or after January 1, 2018: | ||||||
11 | (A) High School Equivalency based on High School | ||||||
12 | Credit. A qualified candidate may petition to have his or | ||||||
13 | her high school transcripts evaluated to determine what | ||||||
14 | the candidate needs to meet criteria as established by the | ||||||
15 | Illinois Community College Board. | ||||||
16 | (B) High School Equivalency based on Post-Secondary | ||||||
17 | Credit. A qualified candidate may petition to have his or | ||||||
18 | her post-secondary transcripts evaluated to determine what | ||||||
19 | the candidate needs to meet criteria established by the | ||||||
20 | Illinois Community College Board. | ||||||
21 | (C) High School Equivalency based on a Foreign | ||||||
22 | Diploma. A qualified candidate may petition to have his or | ||||||
23 | her foreign high school or post-secondary transcripts | ||||||
24 | evaluated to determine what the candidate needs to meet | ||||||
25 | criteria established by the Illinois Community College | ||||||
26 | Board. |
| |||||||
| |||||||
1 | (D) High School Equivalency based on Completion of a | ||||||
2 | Competency-Based Program as approved by the Illinois | ||||||
3 | Community College Board. The Illinois Community College | ||||||
4 | Board shall establish guidelines for competency-based high | ||||||
5 | school equivalency programs. | ||||||
6 | Any applicant who has attained the age of 17 years and | ||||||
7 | maintained
residence in the State of Illinois and is not a high | ||||||
8 | school graduate, any person who has enrolled in a youth | ||||||
9 | education program sponsored by the Illinois National Guard, or | ||||||
10 | any person who has successfully completed
an
alternative | ||||||
11 | education program under Section 2-3.81,
Article 13A, or | ||||||
12 | Article 13B is eligible to apply for a State of Illinois High | ||||||
13 | School Diploma high school equivalency
certificate (if he or | ||||||
14 | she meets the requirements prescribed by the Illinois | ||||||
15 | Community College Board) upon showing evidence that he or she | ||||||
16 | has completed, successfully, high school equivalency testing, | ||||||
17 | administered by the United
States Armed Forces Institute, | ||||||
18 | official high school equivalency testing centers established | ||||||
19 | in other
states, Veterans' Administration Hospitals, or the | ||||||
20 | office of the State
Superintendent of Education for the | ||||||
21 | Illinois State Penitentiary
System and the Department of | ||||||
22 | Corrections. Such applicant shall apply to the
regional | ||||||
23 | superintendent of the region wherein he or she has maintained | ||||||
24 | residence, and,
upon payment of a fee established by the | ||||||
25 | Illinois Community College Board,
the regional superintendent | ||||||
26 | shall issue a State of Illinois High School Diploma high |
| |||||||
| |||||||
1 | school
equivalency certificate and immediately thereafter | ||||||
2 | certify to the Illinois Community College Board the score of | ||||||
3 | the applicant and such other and
additional information as may | ||||||
4 | be required by the Illinois Community College Board.
| ||||||
5 | Notwithstanding the provisions of this Section, any | ||||||
6 | applicant who has
been out of school for at least one year may | ||||||
7 | request the regional
superintendent of schools to administer | ||||||
8 | restricted high school equivalency testing upon
written | ||||||
9 | request of: the director of a program who certifies to the | ||||||
10 | Chief
Examiner of an official high school equivalency testing | ||||||
11 | center that the applicant has completed a
program of | ||||||
12 | instruction provided by such agencies as the Job Corps, the
| ||||||
13 | Postal Service Academy, or an apprenticeship training program; | ||||||
14 | an employer
or program director for purposes of entry into | ||||||
15 | apprenticeship programs;
another state's department of | ||||||
16 | education in order to meet regulations
established by that | ||||||
17 | department of education; or a post high school
educational | ||||||
18 | institution for purposes of admission, the Department of | ||||||
19 | Financial and
Professional Regulation for licensing purposes, | ||||||
20 | or the Armed Forces
for induction purposes. The regional | ||||||
21 | superintendent shall administer
such testing, and the | ||||||
22 | applicant shall be notified in writing that he or she is
| ||||||
23 | eligible to receive a State of Illinois High School Diploma | ||||||
24 | high school equivalency certificate
upon reaching age 17, | ||||||
25 | provided he or she meets the standards established by the | ||||||
26 | Illinois Community College Board.
|
| |||||||
| |||||||
1 | Any test administered under this Section to an applicant | ||||||
2 | who does not
speak and understand English may at the | ||||||
3 | discretion of the administering
agency be given and answered | ||||||
4 | in any language in which the test is
printed. The regional | ||||||
5 | superintendent of schools may waive any fees required
by this | ||||||
6 | Section in case of hardship.
The regional superintendent of | ||||||
7 | schools and the Illinois Community College Board shall waive | ||||||
8 | any fees required by this Section for an applicant who meets | ||||||
9 | all of the following criteria:
| ||||||
10 | (1) The applicant qualifies as a homeless person, | ||||||
11 | child, or youth as defined in the Education for Homeless | ||||||
12 | Children Act. | ||||||
13 | (2) The applicant has not attained 25 years of age as | ||||||
14 | of the date of the scheduled test. | ||||||
15 | (3) The applicant can verify his or her status as a | ||||||
16 | homeless person, child, or youth. A homeless services | ||||||
17 | provider that is qualified to verify an individual's | ||||||
18 | housing status, as determined by the Illinois Community | ||||||
19 | College Board, and that has knowledge of the applicant's | ||||||
20 | housing status may verify the applicant's status for | ||||||
21 | purposes of this subdivision (3). | ||||||
22 | (4) The applicant has completed a high school | ||||||
23 | equivalency preparation course through an Illinois | ||||||
24 | Community College Board-approved provider. | ||||||
25 | (5) The applicant is taking the test at a testing | ||||||
26 | center operated by a regional superintendent of schools or |
| |||||||
| |||||||
1 | the Cook County High School Equivalency Office. | ||||||
2 | In counties of over 3,000,000 population, a State of | ||||||
3 | Illinois High School Diploma high school equivalency | ||||||
4 | certificate
shall contain the signatures of the Executive | ||||||
5 | Director of the Illinois Community College Board and the | ||||||
6 | superintendent, president, or other chief
executive officer of | ||||||
7 | the institution where high school equivalency testing | ||||||
8 | instruction occurred and any
other signatures authorized by | ||||||
9 | the Illinois Community College Board.
| ||||||
10 | The regional superintendent of schools shall furnish the | ||||||
11 | Illinois
Community College Board with any information that the | ||||||
12 | Illinois
Community College Board requests with regard to | ||||||
13 | testing and diplomas certificates under this
Section.
| ||||||
14 | (Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17; | ||||||
15 | 100-130, eff. 1-1-18 .)
| ||||||
16 | (105 ILCS 5/13-40) (from Ch. 122, par. 13-40)
| ||||||
17 | Sec. 13-40. To increase the effectiveness of the | ||||||
18 | Department of
Juvenile Justice and
thereby to better serve the | ||||||
19 | interests of the people of Illinois the
following bill is | ||||||
20 | presented.
| ||||||
21 | Its purpose is to enhance the quality and scope of | ||||||
22 | education for
inmates and wards within the Department of
| ||||||
23 | Juvenile Justice so that they will
be better motivated and | ||||||
24 | better equipped to restore themselves to
constructive and law | ||||||
25 | abiding lives in the community. The specific
measure sought is |
| |||||||
| |||||||
1 | the creation of a school district within the
Department so | ||||||
2 | that its educational programs can meet the needs of
persons | ||||||
3 | committed and so the resources of public education at the | ||||||
4 | state
and federal levels are best used, all of the same being | ||||||
5 | contemplated
within the provisions of the Illinois State | ||||||
6 | Constitution of 1970 which
provides that "A fundamental goal | ||||||
7 | of the People of the State is the
educational development of | ||||||
8 | all persons to the limits of their
capacities." Therefore, on | ||||||
9 | July 1, 2006, the Department of
Corrections
school district | ||||||
10 | shall be transferred to the Department of Juvenile Justice. It | ||||||
11 | shall be responsible for the education of youth
within the | ||||||
12 | Department of
Juvenile Justice and inmates age 21 or under | ||||||
13 | within the Department of Corrections who have not yet earned a | ||||||
14 | high school diploma or a State of Illinois High School Diploma | ||||||
15 | high school equivalency certificate , and the district may | ||||||
16 | establish
primary, secondary, vocational, adult, special, and | ||||||
17 | advanced educational
schools as provided in this Act. The | ||||||
18 | Department of Corrections retains authority as provided for in | ||||||
19 | subsection (d) of Section 3-6-2 of the Unified Code of | ||||||
20 | Corrections. The
Board of Education for this district shall | ||||||
21 | with the aid and advice of
professional educational personnel | ||||||
22 | of the Department of
Juvenile Justice and
the State Board of | ||||||
23 | Education determine the
needs and type of schools and the | ||||||
24 | curriculum for each school within the
school district and may | ||||||
25 | proceed to establish the same through existing
means within | ||||||
26 | present and future appropriations, federal and state school
|
| |||||||
| |||||||
1 | funds, vocational rehabilitation grants and funds and all | ||||||
2 | other funds,
gifts and grants, private or public, including | ||||||
3 | federal funds, but not
exclusive to the said sources but | ||||||
4 | inclusive of all funds which might be
available for school | ||||||
5 | purposes.
| ||||||
6 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
7 | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | ||||||
8 | Sec. 26-2. Enrolled pupils not of compulsory school age.
| ||||||
9 | (a) For school years before the 2014-2015 school year, any | ||||||
10 | person having custody or
control of a child who is below the | ||||||
11 | age of 7 years or is 17 years of age or above
and who is | ||||||
12 | enrolled in any of grades kindergarten through 12
in the | ||||||
13 | public school shall
cause him to attend the public school in | ||||||
14 | the district wherein he resides when
it is in session during | ||||||
15 | the regular school term, unless he is excused under
paragraph | ||||||
16 | 2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 | ||||||
17 | school year, any person having
custody or control of a child | ||||||
18 | who is below the age of 6 years or is 17 years of age or above | ||||||
19 | and who is enrolled in any of grades kindergarten
through 12 in | ||||||
20 | the public school shall cause the child to attend the public
| ||||||
21 | school in the district wherein he or she resides when it is in | ||||||
22 | session
during the regular school term, unless the child is | ||||||
23 | excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of | ||||||
24 | this Code.
| ||||||
25 | (b) A school district shall deny reenrollment in its |
| |||||||
| |||||||
1 | secondary schools
to any
child 19 years of age or above who has | ||||||
2 | dropped out of school
and who could
not, because of age and | ||||||
3 | lack of credits, attend classes during the normal
school year | ||||||
4 | and graduate before his or her twenty-first birthday.
A | ||||||
5 | district may, however, enroll the child in a graduation | ||||||
6 | incentives program under Section 26-16 of this Code or an | ||||||
7 | alternative learning
opportunities program established
under | ||||||
8 | Article 13B.
No
child shall be denied reenrollment for the | ||||||
9 | above reasons
unless the school district first offers the | ||||||
10 | child
due process as required in cases of expulsion under | ||||||
11 | Section
10-22.6. If a child is denied reenrollment after being | ||||||
12 | provided with due
process, the school district must provide | ||||||
13 | counseling to that child and
must direct that child to
| ||||||
14 | alternative educational
programs, including adult education | ||||||
15 | programs, that lead to graduation or
receipt of a State of | ||||||
16 | Illinois High School Diploma high school equivalency | ||||||
17 | certificate .
| ||||||
18 | (c)
A school or school district may deny enrollment to a | ||||||
19 | student 17 years of age
or
older for one semester for failure | ||||||
20 | to meet minimum attendance standards if all
of the
following | ||||||
21 | conditions are met:
| ||||||
22 | (1) The student was absent without valid cause for 20% | ||||||
23 | or more of the
attendance
days in the semester immediately | ||||||
24 | prior to the current semester.
| ||||||
25 | (2) The student and the student's parent or guardian | ||||||
26 | are given written
notice
warning that the student is |
| |||||||
| |||||||
1 | subject to denial from enrollment for one
semester
unless | ||||||
2 | the student is absent without valid cause less than 20% of | ||||||
3 | the
attendance days
in the current semester.
| ||||||
4 | (3) The student's parent or guardian is provided with | ||||||
5 | the right to appeal
the
notice, as determined by the State | ||||||
6 | Board of Education in accordance with due
process.
| ||||||
7 | (4) The student is provided with attendance | ||||||
8 | remediation services,
including
without limitation | ||||||
9 | assessment, counseling, and support services.
| ||||||
10 | (5) The student is absent without valid cause for 20% | ||||||
11 | or more of the
attendance
days in the current semester.
| ||||||
12 | A school or school district may not deny enrollment to a | ||||||
13 | student (or
reenrollment
to a dropout) who is at least 17
years | ||||||
14 | of age or older but below 19
years for more
than one | ||||||
15 | consecutive semester for failure to meet attendance
standards.
| ||||||
16 | (d) No child may be denied reenrollment under this
Section | ||||||
17 | in violation
of the federal Individuals with Disabilities | ||||||
18 | Education Act or the Americans with
Disabilities Act.
| ||||||
19 | (e) In this subsection (e), "reenrolled student" means a | ||||||
20 | dropout who has
reenrolled
full-time in a public school. Each | ||||||
21 | school district shall identify, track, and
report on the
| ||||||
22 | educational progress and outcomes of reenrolled students as a | ||||||
23 | subset of the
district's
required reporting on all | ||||||
24 | enrollments.
A reenrolled student who again drops out must not | ||||||
25 | be counted again
against a district's dropout rate performance | ||||||
26 | measure.
The State
Board of Education shall set performance |
| |||||||
| |||||||
1 | standards for programs serving
reenrolled
students.
| ||||||
2 | (f) The State Board of Education shall adopt any rules | ||||||
3 | necessary to
implement the
changes to this Section made by | ||||||
4 | Public Act 93-803.
| ||||||
5 | (Source: P.A. 100-825, eff. 8-13-18.)
| ||||||
6 | Section 25. The Public University Uniform Admission Pilot | ||||||
7 | Program Act is amended by changing Section 25 as follows: | ||||||
8 | (110 ILCS 118/25) | ||||||
9 | (Section scheduled to be repealed on July 1, 2027)
| ||||||
10 | Sec. 25. Graduates of nonaccredited private schools. | ||||||
11 | (a) As used in this Section, "nonaccredited secondary | ||||||
12 | education" means a course of study at the secondary school | ||||||
13 | level in a nonaccredited private school setting. | ||||||
14 | (b) Because the State of Illinois considers successful | ||||||
15 | completion of a nonaccredited secondary education to be | ||||||
16 | equivalent to graduation from a public high school, an | ||||||
17 | institution, in complying with this Act and for all other | ||||||
18 | purposes, must treat an applicant for admission to the | ||||||
19 | institution as an undergraduate student who presents evidence | ||||||
20 | that he or she has successfully completed a nonaccredited | ||||||
21 | secondary education according to the same general standards, | ||||||
22 | including specific standardized testing score requirements, as | ||||||
23 | other applicants for undergraduate admission who have | ||||||
24 | graduated from a public high school. |
| |||||||
| |||||||
1 | (c) An institution may not require an applicant for | ||||||
2 | admission to the institution as an undergraduate student who | ||||||
3 | presents evidence that he or she has successfully completed a | ||||||
4 | nonaccredited secondary education to: | ||||||
5 | (1) obtain or submit evidence that the person has | ||||||
6 | obtained a general educational development certificate, | ||||||
7 | State of Illinois High School Diploma certificate of high | ||||||
8 | school equivalency , or other credentials equivalent to a | ||||||
9 | public high school degree; or | ||||||
10 | (2) take an examination or comply with any other | ||||||
11 | application or admission requirement not generally | ||||||
12 | applicable to other applicants for undergraduate admission | ||||||
13 | to the institution. | ||||||
14 | (d) In complying with this Act or otherwise, when an | ||||||
15 | institution in its undergraduate admission review process | ||||||
16 | sorts or is required to sort applicants by high school | ||||||
17 | graduating class rank, the institution shall place any | ||||||
18 | applicant who presents evidence that the applicant has | ||||||
19 | successfully completed a nonaccredited secondary education | ||||||
20 | that does not include a high school graduating class ranking | ||||||
21 | at the average high school graduating class rank of | ||||||
22 | undergraduate applicants to the institution who have | ||||||
23 | equivalent standardized testing scores as the applicant. | ||||||
24 | (e) Notwithstanding any other provision of this Act, with | ||||||
25 | respect to admission into the institution or any program | ||||||
26 | within the institution, with respect to scholarship programs, |
| |||||||
| |||||||
1 | and with respect to other terms and conditions, and in | ||||||
2 | complying with this Act, an institution may not treat an | ||||||
3 | applicant who has successfully completed a nonaccredited | ||||||
4 | secondary education that does not include a high school | ||||||
5 | graduating class ranking differently than an applicant who | ||||||
6 | graduated from an accredited public school.
| ||||||
7 | (Source: P.A. 101-448, eff. 1-1-20 .) | ||||||
8 | Section 30. The Public Community College Act is amended by | ||||||
9 | changing Section 2-22 as follows: | ||||||
10 | (110 ILCS 805/2-22)
| ||||||
11 | Sec. 2-22. High school equivalency testing certificates . | ||||||
12 | On the effective date
of this amendatory Act of the 94th | ||||||
13 | General Assembly, all powers and
duties of the State Board of | ||||||
14 | Education and State Superintendent of
Education with regard to | ||||||
15 | high school equivalency testing certificates under the
School | ||||||
16 | Code shall be transferred to the Illinois Community College
| ||||||
17 | Board. Within a reasonable period of time after that date, all | ||||||
18 | assets, liabilities, contracts, property, records, pending | ||||||
19 | business, and unexpended appropriations of the State Board of | ||||||
20 | Education with regard to high school equivalency testing | ||||||
21 | certificates shall be transferred to the Illinois Community | ||||||
22 | College Board. The Illinois Community College Board may adopt | ||||||
23 | any rules
necessary to carry out its responsibilities under | ||||||
24 | the School Code with
regard to high school equivalency testing |
| |||||||
| |||||||
1 | certificates and to carry into efficient and uniform effect | ||||||
2 | the provisions for the issuance of State of Illinois High | ||||||
3 | School Diplomas high school equivalency certificates in this | ||||||
4 | State. All rules, standards, and
procedures adopted by the | ||||||
5 | State Board of Education under the
School Code with regard to | ||||||
6 | high school equivalency testing certificates shall
continue in | ||||||
7 | effect as the rules, standards, and procedures of the
Illinois | ||||||
8 | Community College Board, until they are modified by the
| ||||||
9 | Illinois Community College Board.
| ||||||
10 | (Source: P.A. 94-108, eff. 7-1-05.) | ||||||
11 | Section 35. The Higher Education Student Assistance Act is | ||||||
12 | amended by changing Sections 50, 52, and 62 as follows: | ||||||
13 | (110 ILCS 947/50)
| ||||||
14 | Sec. 50. Minority Teachers of Illinois scholarship | ||||||
15 | program.
| ||||||
16 | (a) As used in this Section:
| ||||||
17 | "Eligible applicant" means a minority student who has | ||||||
18 | graduated
from high school or has received a State of | ||||||
19 | Illinois High School Diploma high school equivalency | ||||||
20 | certificate
and has
maintained a cumulative grade point | ||||||
21 | average of
no
less than 2.5 on a 4.0 scale, and who by | ||||||
22 | reason thereof is entitled to
apply for scholarships to be | ||||||
23 | awarded under this Section.
| ||||||
24 | "Minority student" means a student who is any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) American Indian or Alaska Native (a person | ||||||
3 | having origins in any of the original peoples of North | ||||||
4 | and South America, including Central America, and who | ||||||
5 | maintains tribal affiliation or community attachment). | ||||||
6 | (2) Asian (a person having origins in any of the | ||||||
7 | original peoples of the Far East, Southeast Asia, or | ||||||
8 | the Indian subcontinent, including, but not limited | ||||||
9 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
10 | Pakistan, the Philippine Islands, Thailand, and | ||||||
11 | Vietnam). | ||||||
12 | (3) Black or African American (a person having | ||||||
13 | origins in any of the black racial groups of Africa). | ||||||
14 | (4) Hispanic or Latino (a person of Cuban, | ||||||
15 | Mexican, Puerto Rican, South or Central American, or | ||||||
16 | other Spanish culture or origin, regardless of race). | ||||||
17 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
18 | person having origins in any of the original peoples | ||||||
19 | of Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
20 | "Qualified bilingual minority applicant" means a | ||||||
21 | qualified student who demonstrates proficiency in a | ||||||
22 | language other than English by (i) receiving a State Seal | ||||||
23 | of Biliteracy from the State Board of Education or (ii) | ||||||
24 | receiving a passing score on an educator licensure target | ||||||
25 | language proficiency test. | ||||||
26 | "Qualified student" means a person (i) who is a |
| |||||||
| |||||||
1 | resident of this State
and a citizen or permanent resident | ||||||
2 | of the United States; (ii) who is a
minority student, as | ||||||
3 | defined in this Section; (iii) who, as an eligible
| ||||||
4 | applicant, has made a timely application for a minority | ||||||
5 | teaching
scholarship under this Section; (iv) who is | ||||||
6 | enrolled on at least a
half-time basis at a
qualified | ||||||
7 | Illinois institution of
higher learning; (v) who is | ||||||
8 | enrolled in a course of study leading to
teacher | ||||||
9 | licensure, including alternative teacher licensure, or, if | ||||||
10 | the student is already licensed to teach, in a course of | ||||||
11 | study leading to an additional teaching endorsement or a | ||||||
12 | master's degree in an academic field in which he or she is | ||||||
13 | teaching or plans to teach or who has received one or more | ||||||
14 | College and Career Pathway Endorsements pursuant to | ||||||
15 | Section 80 of the Postsecondary and Workforce Readiness | ||||||
16 | Act and commits to enrolling in a course of study leading | ||||||
17 | to teacher licensure, including alternative teacher | ||||||
18 | licensure; (vi)
who maintains a grade point average of no
| ||||||
19 | less than 2.5 on a 4.0 scale;
and (vii) who continues to | ||||||
20 | advance satisfactorily toward the attainment
of a degree.
| ||||||
21 | (b) In order to encourage academically talented Illinois | ||||||
22 | minority
students to pursue teaching careers at the preschool | ||||||
23 | or elementary or
secondary
school
level and to address and | ||||||
24 | alleviate the teacher shortage crisis in this State described | ||||||
25 | under the provisions of the Transitions in Education Act, each | ||||||
26 | qualified student shall be awarded a minority teacher
|
| |||||||
| |||||||
1 | scholarship to any qualified Illinois institution of higher | ||||||
2 | learning.
However, preference may be given to qualified | ||||||
3 | applicants enrolled at or above
the
junior level.
| ||||||
4 | (c) Each minority teacher scholarship awarded under this | ||||||
5 | Section shall
be in an amount sufficient to pay the tuition and | ||||||
6 | fees and room and board
costs of the qualified Illinois | ||||||
7 | institution of higher learning at which the
recipient is | ||||||
8 | enrolled, up to an annual maximum of $5,000;
except that
in
the | ||||||
9 | case of a recipient who does not reside on-campus at the | ||||||
10 | institution at
which he or she is enrolled, the amount of the | ||||||
11 | scholarship shall be
sufficient to pay tuition and fee | ||||||
12 | expenses and a commuter allowance, up to
an annual maximum of | ||||||
13 | $5,000.
However, if at least $2,850,000 is appropriated in a | ||||||
14 | given fiscal year for the Minority Teachers of Illinois | ||||||
15 | scholarship program, then, in each fiscal year thereafter, | ||||||
16 | each scholarship awarded under this Section shall
be in an | ||||||
17 | amount sufficient to pay the tuition and fees and room and | ||||||
18 | board
costs of the qualified Illinois institution of higher | ||||||
19 | learning at which the
recipient is enrolled, up to an annual | ||||||
20 | maximum of $7,500;
except that
in
the case of a recipient who | ||||||
21 | does not reside on-campus at the institution at
which he or she | ||||||
22 | is enrolled, the amount of the scholarship shall be
sufficient | ||||||
23 | to pay tuition and fee expenses and a commuter allowance, up to
| ||||||
24 | an annual maximum of $7,500.
| ||||||
25 | (d) The total amount of minority teacher scholarship | ||||||
26 | assistance awarded by
the Commission under this Section to an |
| |||||||
| |||||||
1 | individual in any given fiscal
year, when added to other | ||||||
2 | financial assistance awarded to that individual
for that year, | ||||||
3 | shall not exceed the cost of attendance at the institution
at | ||||||
4 | which the student is enrolled. If the amount of minority | ||||||
5 | teacher
scholarship to be awarded to a qualified student as | ||||||
6 | provided in
subsection (c) of this Section exceeds the cost of | ||||||
7 | attendance at the
institution at which the student is | ||||||
8 | enrolled, the minority teacher
scholarship shall be reduced by | ||||||
9 | an amount equal to the amount by which the
combined financial | ||||||
10 | assistance available to the student exceeds the cost
of | ||||||
11 | attendance.
| ||||||
12 | (e) The maximum number of academic terms for which a | ||||||
13 | qualified
student
can receive minority teacher scholarship | ||||||
14 | assistance shall be 8 semesters or
12 quarters.
| ||||||
15 | (f) In any academic year for which an eligible applicant | ||||||
16 | under this
Section accepts financial assistance through the | ||||||
17 | Paul Douglas Teacher
Scholarship Program, as authorized by | ||||||
18 | Section 551 et seq. of the Higher
Education Act of 1965, the | ||||||
19 | applicant shall not be eligible for scholarship
assistance | ||||||
20 | awarded under this Section.
| ||||||
21 | (g) All applications for minority teacher scholarships to | ||||||
22 | be awarded
under this Section shall be made to the Commission | ||||||
23 | on forms which the
Commission shall provide for eligible | ||||||
24 | applicants. The form of applications
and the information | ||||||
25 | required to be set forth therein shall be determined by
the | ||||||
26 | Commission, and the Commission shall require eligible |
| |||||||
| |||||||
1 | applicants to
submit with their applications such supporting | ||||||
2 | documents or recommendations
as the Commission deems | ||||||
3 | necessary.
| ||||||
4 | (h) Subject to a separate appropriation for such purposes, | ||||||
5 | payment of
any minority teacher scholarship awarded under this | ||||||
6 | Section shall be
determined by the Commission. All scholarship | ||||||
7 | funds distributed in
accordance with this subsection shall be | ||||||
8 | paid to the institution and used
only for payment of the | ||||||
9 | tuition and fee and room and board expenses
incurred by the | ||||||
10 | student in connection with his or her attendance at a | ||||||
11 | qualified Illinois institution of higher
learning. Any | ||||||
12 | minority teacher scholarship awarded under this Section
shall | ||||||
13 | be applicable to 2 semesters or 3 quarters of enrollment. If a
| ||||||
14 | qualified student withdraws from enrollment prior to | ||||||
15 | completion of the
first semester or quarter for which the | ||||||
16 | minority teacher scholarship is
applicable, the school shall | ||||||
17 | refund to the Commission the full amount of the
minority | ||||||
18 | teacher scholarship.
| ||||||
19 | (i) The Commission shall administer the minority teacher | ||||||
20 | scholarship aid
program established by this Section and shall | ||||||
21 | make all necessary and proper
rules not inconsistent with this | ||||||
22 | Section for its effective implementation.
| ||||||
23 | (j) When an appropriation to the Commission for a given | ||||||
24 | fiscal year is
insufficient to provide scholarships to all | ||||||
25 | qualified students, the
Commission shall allocate the | ||||||
26 | appropriation in accordance with this
subsection. If funds are |
| |||||||
| |||||||
1 | insufficient to provide all qualified students
with a | ||||||
2 | scholarship as authorized by this Section, the Commission | ||||||
3 | shall
allocate the available scholarship funds for that fiscal | ||||||
4 | year to qualified students who submit a complete application | ||||||
5 | form on or before a date specified by the Commission based on | ||||||
6 | the following order of priority: | ||||||
7 | (1) To students who received a scholarship under this | ||||||
8 | Section in the prior academic year and who remain eligible | ||||||
9 | for a minority teacher scholarship under this Section. | ||||||
10 | (2) Except as otherwise provided in subsection (k), to | ||||||
11 | students who demonstrate financial need, as determined by | ||||||
12 | the Commission.
| ||||||
13 | (k) Notwithstanding paragraph (2) of subsection (j), at | ||||||
14 | least 35% of the funds appropriated for
scholarships awarded | ||||||
15 | under this Section in each fiscal year shall be reserved
for | ||||||
16 | qualified male minority applicants, with priority being given | ||||||
17 | to qualified Black male applicants beginning with fiscal year | ||||||
18 | 2023.
If the Commission does not receive enough applications | ||||||
19 | from qualified male
minorities on or before
January 1 of each | ||||||
20 | fiscal year to award 35% of the funds appropriated for these
| ||||||
21 | scholarships to qualified
male minority applicants, then the | ||||||
22 | Commission may award a portion of the
reserved funds to | ||||||
23 | qualified
female minority applicants in accordance with | ||||||
24 | subsection (j).
| ||||||
25 | Beginning with fiscal year 2023, if at least $2,850,000 | ||||||
26 | but less than $4,200,000 is appropriated in a given fiscal |
| |||||||
| |||||||
1 | year for scholarships awarded under this Section, then at | ||||||
2 | least 10% of the funds appropriated shall be reserved for | ||||||
3 | qualified bilingual minority applicants, with priority being | ||||||
4 | given to qualified bilingual minority applicants who are | ||||||
5 | enrolled in an educator preparation program with a | ||||||
6 | concentration in bilingual, bicultural education. Beginning | ||||||
7 | with fiscal year 2023, if at least $4,200,000 is appropriated | ||||||
8 | in a given fiscal year for the Minority Teachers of Illinois | ||||||
9 | scholarship program, then at least 30% of the funds | ||||||
10 | appropriated shall be reserved for qualified bilingual | ||||||
11 | minority applicants, with priority being given to qualified | ||||||
12 | bilingual minority applicants who are enrolled in an educator | ||||||
13 | preparation program with a concentration in bilingual, | ||||||
14 | bicultural education. Beginning with fiscal year 2023, if at | ||||||
15 | least $2,850,000 is appropriated in a given fiscal year for | ||||||
16 | scholarships awarded under this Section but the Commission | ||||||
17 | does not receive enough applications from qualified bilingual | ||||||
18 | minority applicants on or before January 1 of that fiscal year | ||||||
19 | to award at least 10% of the funds appropriated to qualified | ||||||
20 | bilingual minority applicants, then the Commission may, in its | ||||||
21 | discretion, award a portion of the reserved funds to other | ||||||
22 | qualified students in accordance with subsection (j).
| ||||||
23 | (l) Prior to receiving scholarship assistance for any | ||||||
24 | academic year,
each recipient of a minority teacher | ||||||
25 | scholarship awarded under this Section
shall be required by | ||||||
26 | the Commission to sign an agreement under which the
recipient |
| |||||||
| |||||||
1 | pledges that, within the one-year period following the
| ||||||
2 | termination
of the program for which the recipient was awarded | ||||||
3 | a minority
teacher scholarship, the recipient (i) shall begin | ||||||
4 | teaching for a
period of not less
than one year for each year | ||||||
5 | of scholarship assistance he or she was awarded
under this | ||||||
6 | Section; (ii) shall fulfill this teaching obligation at a
| ||||||
7 | nonprofit Illinois public, private, or parochial preschool, | ||||||
8 | elementary school,
or secondary school at which no less than | ||||||
9 | 30% of the enrolled students are
minority students in the year | ||||||
10 | during which the recipient begins teaching at the
school or | ||||||
11 | may instead, if the recipient received a scholarship as a | ||||||
12 | qualified bilingual minority applicant, fulfill this teaching | ||||||
13 | obligation in a program in transitional bilingual education | ||||||
14 | pursuant to Article 14C of the School Code or in a school in | ||||||
15 | which 20 or more English learner students in the same language | ||||||
16 | classification are enrolled; and (iii) shall, upon request by | ||||||
17 | the Commission, provide the Commission
with evidence that he | ||||||
18 | or she is fulfilling or has fulfilled the terms of the
teaching | ||||||
19 | agreement provided for in this subsection.
| ||||||
20 | (m) If a recipient of a minority teacher scholarship | ||||||
21 | awarded under this
Section fails to fulfill the teaching | ||||||
22 | obligation set forth in subsection
(l) of this Section, the | ||||||
23 | Commission shall require the recipient to repay
the amount of | ||||||
24 | the scholarships received, prorated according to the fraction
| ||||||
25 | of the teaching obligation not completed, at a rate of | ||||||
26 | interest equal to
5%, and, if applicable, reasonable |
| |||||||
| |||||||
1 | collection fees.
The Commission is authorized to establish | ||||||
2 | rules relating to its collection
activities for repayment of | ||||||
3 | scholarships under this Section. All repayments
collected | ||||||
4 | under this Section shall be forwarded to the State Comptroller | ||||||
5 | for
deposit into the State's General Revenue Fund.
| ||||||
6 | (n) A recipient of minority teacher scholarship shall not | ||||||
7 | be considered
in violation of the agreement entered into | ||||||
8 | pursuant to subsection (l) if
the recipient (i) enrolls on a | ||||||
9 | full time basis as a graduate student in a
course of study | ||||||
10 | related to the field of teaching at a qualified Illinois
| ||||||
11 | institution of higher learning; (ii) is serving, not in excess | ||||||
12 | of 3 years,
as a member of the armed services of the United | ||||||
13 | States; (iii) is
a person with a temporary total disability | ||||||
14 | for a period of time not to exceed 3 years as
established by | ||||||
15 | sworn affidavit of a qualified physician; (iv) is seeking
and | ||||||
16 | unable to find full time employment as a teacher at an Illinois | ||||||
17 | public,
private, or parochial preschool or elementary or | ||||||
18 | secondary school that
satisfies the
criteria set forth in | ||||||
19 | subsection (l) of this Section and is able to provide
evidence | ||||||
20 | of that fact; (v) becomes a person with a permanent total | ||||||
21 | disability as
established by sworn affidavit of a qualified | ||||||
22 | physician; (vi) is taking additional courses, on at least a | ||||||
23 | half-time basis, needed to obtain licensure as a teacher in | ||||||
24 | Illinois; or (vii) is fulfilling teaching requirements | ||||||
25 | associated with other programs administered by the Commission | ||||||
26 | and cannot concurrently fulfill them under this Section in a |
| |||||||
| |||||||
1 | period of time equal to the length of the teaching obligation.
| ||||||
2 | (o) Scholarship recipients under this Section who withdraw | ||||||
3 | from
a program of teacher education but remain enrolled in | ||||||
4 | school
to continue their postsecondary studies in another | ||||||
5 | academic discipline shall
not be required to commence | ||||||
6 | repayment of their Minority Teachers of Illinois
scholarship | ||||||
7 | so long as they remain enrolled in school on a full-time basis | ||||||
8 | or
if they can document for the Commission special | ||||||
9 | circumstances that warrant
extension of repayment.
| ||||||
10 | (p) If the Minority Teachers of Illinois scholarship | ||||||
11 | program does not expend at least 90% of the amount | ||||||
12 | appropriated for the program in a given fiscal year for 3 | ||||||
13 | consecutive fiscal years and the Commission does not receive | ||||||
14 | enough applications from the groups identified in subsection | ||||||
15 | (k) on or before January 1 in each of those fiscal years to | ||||||
16 | meet the percentage reserved for those groups under subsection | ||||||
17 | (k), then up to 3% of amount appropriated for the program for | ||||||
18 | each of next 3 fiscal years shall be allocated to increasing | ||||||
19 | awareness of the program and for the recruitment of Black male | ||||||
20 | applicants. The Commission shall make a recommendation to the | ||||||
21 | General Assembly by January 1 of the year immediately | ||||||
22 | following the end of that third fiscal year regarding whether | ||||||
23 | the amount allocated to increasing awareness and recruitment | ||||||
24 | should continue. | ||||||
25 | (q) Each qualified Illinois institution of higher learning | ||||||
26 | that receives funds from the Minority Teachers of Illinois |
| |||||||
| |||||||
1 | scholarship program shall host an annual information session | ||||||
2 | at the institution about the program for teacher candidates of | ||||||
3 | color in accordance with rules adopted by the Commission. | ||||||
4 | Additionally, the institution shall ensure that each | ||||||
5 | scholarship recipient enrolled at the institution meets with | ||||||
6 | an academic advisor at least once per academic year to | ||||||
7 | facilitate on-time completion of the recipient's educator | ||||||
8 | preparation program. | ||||||
9 | (r) The changes made to this Section by Public Act 101-654 | ||||||
10 | this amendatory Act of the 101st General Assembly will first | ||||||
11 | take effect with awards made for the 2022-2023 academic year. | ||||||
12 | (Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22; | ||||||
13 | revised 9-28-21.)
| ||||||
14 | (110 ILCS 947/52)
| ||||||
15 | Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||||||
16 | Apple Foundation for Excellence in Teaching.
| ||||||
17 | (a) In this Section, "Foundation" means the Golden Apple | ||||||
18 | Foundation for Excellence in Teaching, a registered 501(c)(3) | ||||||
19 | not-for-profit corporation. | ||||||
20 | (a-2) In order to encourage academically talented Illinois | ||||||
21 | students,
especially minority students, to pursue teaching | ||||||
22 | careers, especially in
teacher shortage
disciplines
(which | ||||||
23 | shall be defined to include early childhood education) or at
| ||||||
24 | hard-to-staff schools (as defined by the Commission in | ||||||
25 | consultation with the
State Board of Education), to provide |
| |||||||
| |||||||
1 | those students with the crucial mentoring, guidance, and | ||||||
2 | in-service support that will significantly increase the | ||||||
3 | likelihood that they will complete their full teaching | ||||||
4 | commitments and elect to continue teaching in targeted | ||||||
5 | disciplines and hard-to-staff schools, and to ensure that | ||||||
6 | students in this State will continue to have access to a pool | ||||||
7 | of highly-qualified teachers, each qualified student shall be | ||||||
8 | awarded a Golden Apple Scholars of Illinois Program | ||||||
9 | scholarship to any Illinois institution of higher learning. | ||||||
10 | The Commission shall administer the Golden Apple Scholars of | ||||||
11 | Illinois Program, which shall be managed by the Foundation | ||||||
12 | pursuant to the terms of a grant agreement meeting the | ||||||
13 | requirements of Section 4 of the Illinois Grant Funds Recovery | ||||||
14 | Act. | ||||||
15 | (a-3) For purposes of this Section, a qualified student | ||||||
16 | shall be a student who meets the following qualifications: | ||||||
17 | (1) is a resident of this State and a citizen or | ||||||
18 | eligible noncitizen of the United States; | ||||||
19 | (2) is a high school graduate or a person who has | ||||||
20 | received a State of Illinois High School Diploma high | ||||||
21 | school equivalency certificate ; | ||||||
22 | (3) is enrolled or accepted, on at least a half-time | ||||||
23 | basis, at an institution of higher learning; | ||||||
24 | (4) is pursuing a postsecondary course of study | ||||||
25 | leading to initial certification or pursuing additional | ||||||
26 | course work needed to gain State Board of Education |
| |||||||
| |||||||
1 | approval to teach, including alternative teacher | ||||||
2 | licensure; and | ||||||
3 | (5) is a participant in programs managed by and is | ||||||
4 | approved to receive a scholarship from the Foundation. | ||||||
5 | (a-5) (Blank).
| ||||||
6 | (b) (Blank).
| ||||||
7 | (b-5) Funds designated for the Golden Apple Scholars of | ||||||
8 | Illinois Program shall be used by the Commission for the | ||||||
9 | payment of scholarship assistance under this Section or for | ||||||
10 | the award of grant funds, subject to the Illinois Grant Funds | ||||||
11 | Recovery Act, to the Foundation. Subject to appropriation, | ||||||
12 | awards of grant funds to the Foundation shall be made on an | ||||||
13 | annual basis and following an application for grant funds by | ||||||
14 | the Foundation. | ||||||
15 | (b-10) Each year, the Foundation shall include in its | ||||||
16 | application to the Commission for grant funds an estimate of | ||||||
17 | the amount of scholarship assistance to be provided to | ||||||
18 | qualified students during the grant period. Any amount of | ||||||
19 | appropriated funds exceeding the estimated amount of | ||||||
20 | scholarship assistance may be awarded by the Commission to the | ||||||
21 | Foundation for management expenses expected to be incurred by | ||||||
22 | the Foundation in providing the mentoring, guidance, and | ||||||
23 | in-service supports that will increase the likelihood that | ||||||
24 | qualified students will complete their teaching commitments | ||||||
25 | and elect to continue teaching in hard-to-staff schools. If | ||||||
26 | the estimate of the amount of scholarship assistance described |
| |||||||
| |||||||
1 | in the Foundation's application is less than the actual amount | ||||||
2 | required for the award of scholarship assistance to qualified | ||||||
3 | students, the Foundation shall be responsible for using | ||||||
4 | awarded grant funds to ensure all qualified students receive | ||||||
5 | scholarship assistance under this Section. | ||||||
6 | (b-15) All grant funds not expended or legally obligated | ||||||
7 | within the time specified in a grant agreement between the | ||||||
8 | Foundation and the Commission shall be returned to the | ||||||
9 | Commission within 45 days. Any funds legally obligated by the | ||||||
10 | end of a grant agreement shall be liquidated within 45 days or | ||||||
11 | otherwise returned to the Commission within 90 days after the | ||||||
12 | end of the grant agreement that resulted in the award of grant | ||||||
13 | funds. | ||||||
14 | (c) Each scholarship awarded under this Section shall be | ||||||
15 | in an amount
sufficient to pay the tuition and fees and room | ||||||
16 | and board costs of the Illinois
institution of higher learning | ||||||
17 | at which the recipient is enrolled, up to
an annual maximum of | ||||||
18 | $5,000; except that in the case of a
recipient who
does not
| ||||||
19 | reside
on-campus at the institution of higher learning at | ||||||
20 | which he or she is enrolled,
the amount of the scholarship | ||||||
21 | shall be sufficient to pay tuition and fee
expenses and a | ||||||
22 | commuter allowance, up to an annual maximum of $5,000. All | ||||||
23 | scholarship funds distributed in accordance with this Section | ||||||
24 | shall be paid to the institution on behalf of recipients.
| ||||||
25 | (d) The total amount of scholarship assistance awarded by | ||||||
26 | the Commission
under this Section to an individual in any |
| |||||||
| |||||||
1 | given fiscal year, when added to
other financial assistance | ||||||
2 | awarded to that individual for that year, shall not
exceed the | ||||||
3 | cost of attendance at the institution of higher learning at | ||||||
4 | which
the student is enrolled. In any academic year for which a | ||||||
5 | qualified student under this Section accepts financial | ||||||
6 | assistance through any other teacher scholarship program | ||||||
7 | administered by the Commission, a qualified student shall not | ||||||
8 | be eligible for scholarship assistance awarded under this | ||||||
9 | Section.
| ||||||
10 | (e) A recipient may receive up to 8 semesters or 12
| ||||||
11 | quarters of scholarship
assistance under this Section. | ||||||
12 | Scholarship funds are applicable toward 2 semesters or 3 | ||||||
13 | quarters of enrollment each academic year.
| ||||||
14 | (f) All applications for scholarship assistance to be | ||||||
15 | awarded under this
Section shall be made to the Foundation in a | ||||||
16 | form determined by the Foundation. Each year, the Foundation | ||||||
17 | shall notify the Commission of the individuals awarded | ||||||
18 | scholarship assistance under this Section. Each year, at least | ||||||
19 | 30% of the Golden Apple Scholars of Illinois Program | ||||||
20 | scholarships shall be awarded to students residing in counties | ||||||
21 | having a population of less than 500,000.
| ||||||
22 | (g) (Blank).
| ||||||
23 | (h) The Commission shall administer the payment of
| ||||||
24 | scholarship assistance provided through the Golden Apple | ||||||
25 | Scholars of Illinois Program and shall make all necessary
and
| ||||||
26 | proper rules not inconsistent with this Section for the |
| |||||||
| |||||||
1 | effective
implementation of this Section.
| ||||||
2 | (i) Prior to receiving scholarship assistance for any | ||||||
3 | academic year, each
recipient of a scholarship awarded under | ||||||
4 | this
Section shall be required by the Foundation to sign an | ||||||
5 | agreement under which
the
recipient pledges that, within the | ||||||
6 | 2-year period following the
termination
of the academic | ||||||
7 | program for which the recipient was awarded a scholarship, the
| ||||||
8 | recipient: (i) shall begin teaching for a period of not
less | ||||||
9 | than 5 years, (ii) shall fulfill this teaching obligation at a | ||||||
10 | nonprofit
Illinois public,
private, or parochial
preschool or | ||||||
11 | an Illinois public elementary or secondary school that | ||||||
12 | qualifies for teacher loan cancellation under Section | ||||||
13 | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||||||
14 | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||||||
15 | eligible for fulfilling the teaching commitment as designated | ||||||
16 | by the Foundation, and (iii)
shall, upon request of
the | ||||||
17 | Foundation, provide the Foundation with evidence that he or | ||||||
18 | she is fulfilling
or has fulfilled the terms of the teaching | ||||||
19 | agreement provided for in this
subsection. Upon request, the | ||||||
20 | Foundation shall provide evidence of teacher fulfillment to | ||||||
21 | the Commission.
| ||||||
22 | (j) If a recipient of a scholarship awarded under this | ||||||
23 | Section fails to
fulfill the teaching obligation set forth in | ||||||
24 | subsection (i) of this Section,
the Commission shall require | ||||||
25 | the recipient to repay the amount of the
scholarships | ||||||
26 | received, prorated according to the fraction of the teaching
|
| |||||||
| |||||||
1 | obligation not completed, plus interest at a rate of 5% and if | ||||||
2 | applicable, reasonable
collection fees.
Payments received by | ||||||
3 | the Commission under this subsection (j)
shall be remitted to | ||||||
4 | the State Comptroller for deposit into
the General Revenue | ||||||
5 | Fund, except that that portion of a
recipient's repayment that | ||||||
6 | equals the amount in expenses that
the Commission has | ||||||
7 | reasonably incurred in attempting
collection from that | ||||||
8 | recipient shall be remitted to the State
Comptroller for | ||||||
9 | deposit into the Commission's Accounts
Receivable Fund. | ||||||
10 | (k) A recipient of a scholarship awarded by the Foundation | ||||||
11 | under this
Section shall not be considered to have failed to | ||||||
12 | fulfill the teaching obligations of the agreement entered into | ||||||
13 | pursuant to
subsection (i) if the recipient (i) enrolls on a | ||||||
14 | full-time basis as a graduate
student in a course of study | ||||||
15 | related to the field of teaching at an institution
of higher | ||||||
16 | learning; (ii) is serving as a member of the armed services of | ||||||
17 | the
United States; (iii) is a person with a temporary total | ||||||
18 | disability, as established by sworn
affidavit of a qualified | ||||||
19 | physician; (iv) is seeking and unable to find
full-time | ||||||
20 | employment as a teacher at a school that satisfies the | ||||||
21 | criteria set
forth
in subsection (i) and is able to provide | ||||||
22 | evidence of that fact; (v) is taking additional courses, on at | ||||||
23 | least a half-time basis, needed to obtain certification as a | ||||||
24 | teacher in Illinois; (vi) is fulfilling teaching requirements | ||||||
25 | associated with other programs administered by the Commission | ||||||
26 | and cannot concurrently fulfill them under this Section in a |
| |||||||
| |||||||
1 | period of time equal to the length of the teaching obligation; | ||||||
2 | or (vii) is participating in a program established under | ||||||
3 | Executive Order 10924 of the President of the United States or | ||||||
4 | the federal National Community Service Act of 1990 (42 U.S.C. | ||||||
5 | 12501 et seq.). Any such
extension of the period during which | ||||||
6 | the teaching requirement must be fulfilled
shall be subject to | ||||||
7 | limitations of duration as established by the Commission.
| ||||||
8 | (l) A recipient who fails to fulfill the teaching | ||||||
9 | obligations of the agreement entered into pursuant to | ||||||
10 | subsection (i) of this Section shall repay the amount of | ||||||
11 | scholarship assistance awarded to them under this Section | ||||||
12 | within 10 years. | ||||||
13 | (m) Annually, at a time determined by the Commission in | ||||||
14 | consultation with the Foundation, the Foundation shall submit | ||||||
15 | a report to assist the Commission in monitoring the | ||||||
16 | Foundation's performance of grant activities. The report shall | ||||||
17 | describe the following: | ||||||
18 | (1) the Foundation's anticipated expenditures for the | ||||||
19 | next fiscal year; | ||||||
20 | (2) the number of qualified students receiving | ||||||
21 | scholarship assistance at each institution of higher | ||||||
22 | learning where a qualified student was enrolled under this | ||||||
23 | Section during the previous fiscal year; | ||||||
24 | (3) the total monetary value of scholarship funds paid | ||||||
25 | to each institution of higher learning at which a | ||||||
26 | qualified student was enrolled during the previous fiscal |
| |||||||
| |||||||
1 | year; | ||||||
2 | (4) the number of scholarship recipients who completed | ||||||
3 | a baccalaureate degree during the previous fiscal year; | ||||||
4 | (5) the number of scholarship recipients who fulfilled | ||||||
5 | their teaching obligation during the previous fiscal year; | ||||||
6 | (6) the number of scholarship recipients who failed to | ||||||
7 | fulfill their teaching obligation during the previous | ||||||
8 | fiscal year; | ||||||
9 | (7) the number of scholarship recipients granted an | ||||||
10 | extension described in subsection (k) of this Section | ||||||
11 | during the previous fiscal year; | ||||||
12 | (8) the number of scholarship recipients required to | ||||||
13 | repay scholarship assistance in accordance with subsection | ||||||
14 | (j) of this Section during the previous fiscal year; | ||||||
15 | (9) the number of scholarship recipients who | ||||||
16 | successfully repaid scholarship assistance in full during | ||||||
17 | the previous fiscal year; | ||||||
18 | (10) the number of scholarship recipients who | ||||||
19 | defaulted on their obligation to repay scholarship | ||||||
20 | assistance during the previous fiscal year; | ||||||
21 | (11) the amount of scholarship assistance subject to | ||||||
22 | collection in accordance with subsection (j) of this | ||||||
23 | Section at the end of the previous fiscal year; | ||||||
24 | (12) the amount of collected funds to be remitted to | ||||||
25 | the Comptroller in accordance with subsection (j) of this | ||||||
26 | Section at the end of the previous fiscal year; and |
| |||||||
| |||||||
1 | (13) other information that the Commission may | ||||||
2 | reasonably request. | ||||||
3 | (n) Nothing in this Section shall affect the rights of the | ||||||
4 | Commission to collect moneys owed to it by recipients of | ||||||
5 | scholarship assistance through the Illinois Future Teacher | ||||||
6 | Corps Program, repealed by this amendatory Act of the 98th | ||||||
7 | General Assembly. | ||||||
8 | (o) The Auditor General shall prepare an annual audit of | ||||||
9 | the operations and finances of the Golden Apple Scholars of | ||||||
10 | Illinois Program. This audit shall be provided to the | ||||||
11 | Governor, General Assembly, and the Commission. | ||||||
12 | (p) The suspension of grant making authority found in | ||||||
13 | Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||||||
14 | apply to grants made pursuant to this Section. | ||||||
15 | (Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15; | ||||||
16 | 99-143, eff. 7-27-15.)
| ||||||
17 | (110 ILCS 947/62) | ||||||
18 | Sec. 62. Grants for exonerated persons. | ||||||
19 | (a) In this Section: | ||||||
20 | "Exonerated person" means an individual who has received a | ||||||
21 | pardon from the Governor of the State of Illinois stating that | ||||||
22 | such a pardon is issued on the grounds of innocence of the | ||||||
23 | crime for which he or she was imprisoned or an individual who | ||||||
24 | has received a certificate of innocence from a circuit court | ||||||
25 | pursuant to Section 2-702 of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | "Satisfactory academic progress" means the qualified | ||||||
2 | applicant's maintenance of minimum standards of academic | ||||||
3 | performance, consistent with requirements for maintaining | ||||||
4 | federal financial aid eligibility, as determined by the | ||||||
5 | institution of higher learning. | ||||||
6 | (b) Subject to a separate appropriation for this purpose, | ||||||
7 | the Commission shall, each year, receive and consider | ||||||
8 | applications for grant assistance under this Section. | ||||||
9 | Recipients of grants issued by the Commission in accordance | ||||||
10 | with this Section must be exonerated persons. Provided that | ||||||
11 | the recipient is maintaining satisfactory academic progress, | ||||||
12 | the funds from the grant may be used to pay up to 8 semesters | ||||||
13 | or 12 quarters of full payment of tuition and mandatory fees at | ||||||
14 | any public university or public community college located in | ||||||
15 | this State for either full or part-time study. This benefit | ||||||
16 | may be used for undergraduate or graduate study. | ||||||
17 | In addition, an exonerated person who has not yet received | ||||||
18 | a high school diploma or a State of Illinois High School | ||||||
19 | Diploma high school equivalency certificate and completes a | ||||||
20 | high school equivalency preparation course through an Illinois | ||||||
21 | Community College Board-approved provider may use grant funds | ||||||
22 | to pay costs associated with obtaining a State of Illinois | ||||||
23 | High School Diploma high school equivalency certificate , | ||||||
24 | including payment of the cost of the high school equivalency | ||||||
25 | test and up to one retest on each test module, and any | ||||||
26 | additional fees that may be required in order to obtain a State |
| |||||||
| |||||||
1 | of Illinois High School Diploma an Illinois High School | ||||||
2 | Equivalency Certificate or an official transcript of test | ||||||
3 | scores after successful completion of the high school | ||||||
4 | equivalency test. | ||||||
5 | (c) An applicant for a grant under this Section need not | ||||||
6 | demonstrate financial need to qualify for the benefits. | ||||||
7 | (d) The Commission may adopt any rules necessary to | ||||||
8 | implement and administer this Section.
| ||||||
9 | (Source: P.A. 99-199, eff. 1-1-16 .) | ||||||
10 | Section 40. The Illinois Insurance Code is amended by | ||||||
11 | changing Section 500-50 as follows:
| ||||||
12 | (215 ILCS 5/500-50)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
14 | Sec. 500-50. Insurance producers; examination statistics.
| ||||||
15 | (a) The use of examinations for the purpose of determining | ||||||
16 | qualifications of
persons
to be licensed as insurance | ||||||
17 | producers has a direct and far-reaching effect on
persons | ||||||
18 | seeking
those licenses, on insurance companies, and on the | ||||||
19 | public. It is in the public
interest and it will
further the | ||||||
20 | public welfare to insure that examinations for licensing do | ||||||
21 | not
have the effect of
unlawfully discriminating against | ||||||
22 | applicants for licensing as insurance
producers on the basis | ||||||
23 | of
race, color, national origin, or sex.
| ||||||
24 | (b) As used in this Section, the following words have the |
| |||||||
| |||||||
1 | meanings given in
this
subsection.
| ||||||
2 | Examination. "Examination" means the examination in each | ||||||
3 | line of insurance
administered pursuant to Section 500-30.
| ||||||
4 | Examinee. "Examinee" means a person who takes an | ||||||
5 | examination.
| ||||||
6 | Part. "Part" means a portion of an examination for which a | ||||||
7 | score is
calculated.
| ||||||
8 | Operational item. "Operational item" means a test question | ||||||
9 | considered in
determining an
examinee's score.
| ||||||
10 | Test form. "Test form" means the test booklet or | ||||||
11 | instrument used for a part
of
an
examination.
| ||||||
12 | Pretest item. "Pretest item" means a prospective test | ||||||
13 | question that is
included
in a test
form in order to assess its | ||||||
14 | performance, but is not considered in determining
an | ||||||
15 | examinee's score.
| ||||||
16 | Minority group or examinees. "Minority group" or "minority | ||||||
17 | examinees" means
examinees who are American Indian or Alaska | ||||||
18 | Native, Asian, Black or African American, Hispanic or Latino, | ||||||
19 | or Native Hawaiian or Other Pacific Islander.
| ||||||
20 | Correct-answer rate. "Correct-answer rate" for an item | ||||||
21 | means the number of
examinees
who provided the correct answer | ||||||
22 | on an item divided by the number of examinees
who answered
the | ||||||
23 | item.
| ||||||
24 | Correlation. "Correlation" means a statistical measure of | ||||||
25 | the relationship
between
performance on an item and | ||||||
26 | performance on a part of the examination.
|
| |||||||
| |||||||
1 | (c) The Director shall ask each examinee to self-report on | ||||||
2 | a voluntary basis
on the
answer sheet, application form, or by | ||||||
3 | other appropriate means, the following
information:
| ||||||
4 | (1) race or ethnicity (American Indian or Alaska | ||||||
5 | Native, Asian, Black or African American, Hispanic or | ||||||
6 | Latino, Native Hawaiian or Other Pacific Islander, or | ||||||
7 | White);
| ||||||
8 | (2) education (8th grade or less; less than 12th | ||||||
9 | grade; high school
diploma or State of Illinois High | ||||||
10 | School Diploma high school equivalency certificate ; some | ||||||
11 | college, but no 4-year degree; or 4-year degree or more); | ||||||
12 | and
| ||||||
13 | (3) gender (male or female).
| ||||||
14 | The Director must advise all examinees that they are not | ||||||
15 | required to provide
this
information, that they will not be | ||||||
16 | penalized for not doing so, and that the
Director will use the
| ||||||
17 | information provided exclusively for research and statistical | ||||||
18 | purposes and to
improve the quality
and fairness of the | ||||||
19 | examinations.
| ||||||
20 | (d) No later than May 1 of each year, the Director must | ||||||
21 | prepare, publicly
announce,
and publish an Examination Report | ||||||
22 | of summary statistical information relating
to each
| ||||||
23 | examination administered during the preceding calendar year. | ||||||
24 | Each Examination
Report shall
show with respect to each | ||||||
25 | examination:
| ||||||
26 | (1) For all examinees combined and separately by race |
| |||||||
| |||||||
1 | or ethnicity, by
educational level, by gender, by | ||||||
2 | educational level within race or ethnicity, by
education
| ||||||
3 | level within gender, and by race or ethnicity within | ||||||
4 | gender:
| ||||||
5 | (A) number of examinees;
| ||||||
6 | (B) percentage and number of examinees who passed | ||||||
7 | each part;
| ||||||
8 | (C) percentage and number of examinees who passed | ||||||
9 | all parts;
| ||||||
10 | (D) mean scaled scores on each part; and
| ||||||
11 | (E) standard deviation of scaled scores on each | ||||||
12 | part.
| ||||||
13 | (2) For male examinees, female examinees, Black or | ||||||
14 | African American examinees,
white examinees, American | ||||||
15 | Indian or Alaska Native examinees, Asian examinees, | ||||||
16 | Hispanic or Latino
examinees, and Native Hawaiian or Other | ||||||
17 | Pacific Islander, respectively, with a high school diploma | ||||||
18 | or State of Illinois High School Diploma high school | ||||||
19 | equivalency certificate , the distribution
of scaled
scores | ||||||
20 | on each part.
| ||||||
21 | No later than May 1 of each year, the Director must prepare | ||||||
22 | and make
available on
request an Item Report of summary | ||||||
23 | statistical information relating to each
operational item on
| ||||||
24 | each test form administered during the preceding calendar | ||||||
25 | year. The Item Report
shall show, for
each operational item, | ||||||
26 | for all examinees combined and separately for Black or African
|
| |||||||
| |||||||
1 | American
examinees, white examinees, American Indian or Alaska | ||||||
2 | Native examinees, Asian examinees,
Hispanic or Latino | ||||||
3 | examinees, and Native Hawaiian or Other Pacific Islander, the | ||||||
4 | correct-answer rates and correlations.
| ||||||
5 | The Director is not required to report separate | ||||||
6 | statistical information
for any group or
subgroup comprising | ||||||
7 | fewer than 50 examinees.
| ||||||
8 | (e) The Director must obtain a regular analysis of the | ||||||
9 | data collected under
this
Section, and any other relevant | ||||||
10 | information, for purposes of the development of
new test | ||||||
11 | forms.
The analysis shall continue the implementation of the | ||||||
12 | item selection
methodology as
recommended in the Final Report | ||||||
13 | of the Illinois Insurance Producer's Licensing
Examination
| ||||||
14 | Advisory Committee dated November 19, 1991, and filed with the | ||||||
15 | Department
unless some other
methodology is determined by the | ||||||
16 | Director to be as effective in minimizing
differences between
| ||||||
17 | white and minority examinee pass-fail rates.
| ||||||
18 | (f) The Director has the discretion to set cutoff scores | ||||||
19 | for the
examinations, provided
that scaled scores on test | ||||||
20 | forms administered after July 1, 1993, shall be made
| ||||||
21 | comparable to
scaled scores on test forms administered in 1991 | ||||||
22 | by use of professionally
acceptable methods so
as to minimize | ||||||
23 | changes in passing rates related to the presence or absence of
| ||||||
24 | or changes in
equating or scaling equations or methods or | ||||||
25 | content outlines. Each calendar
year, the scaled
cutoff score | ||||||
26 | for each part of each examination shall fluctuate by no more |
| |||||||
| |||||||
1 | than
the standard error
of measurement from the scaled cutoff | ||||||
2 | score employed during the preceding year.
| ||||||
3 | (g) No later than May 1, 2003 and no later than May 1 of | ||||||
4 | every fourth year
thereafter,
the Director must release to the | ||||||
5 | public and make generally available one
representative test | ||||||
6 | form
and set of answer keys for each part of each examination.
| ||||||
7 | (h) The Director must maintain, for a period of 3 years | ||||||
8 | after they are
prepared or
used, all registration forms, test | ||||||
9 | forms, answer sheets, operational items and
pretest items, | ||||||
10 | item
analyses, and other statistical analyses relating to the | ||||||
11 | examinations. All
personal identifying
information regarding | ||||||
12 | examinees and the content of test items must be
maintained | ||||||
13 | confidentially
as necessary for purposes of protecting the | ||||||
14 | personal privacy of examinees and
the maintenance of
test | ||||||
15 | security.
| ||||||
16 | (i) In administering the examinations, the Director must | ||||||
17 | make such
accommodations
for examinees with disabilities as | ||||||
18 | are reasonably warranted by the particular disability
| ||||||
19 | involved,
including the provision of additional time if | ||||||
20 | necessary to complete an
examination or special
assistance in | ||||||
21 | taking an examination. | ||||||
22 | (j) For the purposes of this Section:
| ||||||
23 | (1) "American Indian or Alaska Native" means a person | ||||||
24 | having origins in any of the original peoples of North and | ||||||
25 | South America, including Central America, and who | ||||||
26 | maintains tribal affiliation or community attachment. |
| |||||||
| |||||||
1 | (2) "Asian" means a person having origins in any of | ||||||
2 | the original peoples of the Far East, Southeast Asia, or | ||||||
3 | the Indian subcontinent, including, but not limited to, | ||||||
4 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
5 | the Philippine Islands, Thailand, and Vietnam. | ||||||
6 | (3) "Black or African American" means a person having | ||||||
7 | origins in any of the black racial groups of Africa. | ||||||
8 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
9 | Mexican, Puerto Rican, South or Central American, or other | ||||||
10 | Spanish culture or origin, regardless of race. | ||||||
11 | (5) "Native Hawaiian or Other Pacific Islander" means | ||||||
12 | a person having origins in any of the original peoples of | ||||||
13 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
14 | (6) "White" means a person having origins in any of | ||||||
15 | the original peoples of Europe, the Middle East, or North | ||||||
16 | Africa. | ||||||
17 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
18 | Section 45. The Nurse Practice Act is amended by changing | ||||||
19 | Section 80-40 as follows: | ||||||
20 | (225 ILCS 65/80-40) | ||||||
21 | (Section scheduled to be repealed on January 1, 2028) | ||||||
22 | Sec. 80-40. Licensure by examination. An applicant for | ||||||
23 | licensure by examination to practice as a licensed medication | ||||||
24 | aide
must: |
| |||||||
| |||||||
1 | (1) submit a completed written application on forms | ||||||
2 | provided by the Department and fees
as established by the | ||||||
3 | Department; | ||||||
4 | (2) be age 18 or older; | ||||||
5 | (3) have a high school diploma or a State of Illinois | ||||||
6 | High School Diploma high school equivalency certificate ; | ||||||
7 | (4) demonstrate the ability to speak, read, and write | ||||||
8 | the English language, as determined by
rule; | ||||||
9 | (5) demonstrate competency in math, as determined by | ||||||
10 | rule; | ||||||
11 | (6) be currently certified in good standing as a | ||||||
12 | certified nursing assistant and provide
proof of 2,000 | ||||||
13 | hours of practice as a certified nursing assistant within | ||||||
14 | 3 years before
application for licensure; | ||||||
15 | (7) submit to the criminal history records check | ||||||
16 | required under Section 50-35 of this Act; | ||||||
17 | (8) have not engaged in conduct or behavior determined | ||||||
18 | to be grounds for discipline under
this Act; | ||||||
19 | (9) be currently certified to perform cardiopulmonary | ||||||
20 | resuscitation by the American Heart
Association or | ||||||
21 | American Red Cross; | ||||||
22 | (10) have successfully completed a course of study | ||||||
23 | approved by the Department as defined
by rule; to be | ||||||
24 | approved, the program must include a minimum of 60 hours | ||||||
25 | of classroom-based medication aide education, a minimum of | ||||||
26 | 10 hours of simulation laboratory study, and
a minimum of |
| |||||||
| |||||||
1 | 30 hours of registered nurse-supervised clinical practicum | ||||||
2 | with progressive responsibility
of patient medication | ||||||
3 | assistance; | ||||||
4 | (11) have successfully completed the Medication Aide | ||||||
5 | Certification Examination or other
examination authorized | ||||||
6 | by the Department; and | ||||||
7 | (12) submit proof of employment by a qualifying | ||||||
8 | facility.
| ||||||
9 | (Source: P.A. 98-990, eff. 8-18-14; 99-78, eff. 7-20-15 .) | ||||||
10 | Section 50. The Pharmacy Practice Act is amended by | ||||||
11 | changing Section 9 as follows:
| ||||||
12 | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
14 | Sec. 9. Licensure as registered pharmacy technician. | ||||||
15 | (a) Any person shall be entitled
to licensure as a | ||||||
16 | registered pharmacy technician who is of the age of 16
or over, | ||||||
17 | has not engaged in conduct or behavior determined to be | ||||||
18 | grounds for
discipline under this Act, is attending or has
| ||||||
19 | graduated from an accredited high school or comparable school | ||||||
20 | or educational
institution or received a State of Illinois | ||||||
21 | High School Diploma high school equivalency certificate , and | ||||||
22 | has filed a written or electronic application for licensure on | ||||||
23 | a form
to be prescribed and furnished by the Department for | ||||||
24 | that purpose. The
Department shall issue a license as a |
| |||||||
| |||||||
1 | registered pharmacy technician to any applicant who has
| ||||||
2 | qualified as aforesaid, and such license shall be the sole | ||||||
3 | authority
required to assist licensed pharmacists in the | ||||||
4 | practice of pharmacy, under
the supervision of a licensed | ||||||
5 | pharmacist. A registered pharmacy technician may be delegated | ||||||
6 | to perform any task within the practice of pharmacy if | ||||||
7 | specifically trained for that task, except for patient | ||||||
8 | counseling, drug regimen review, or clinical conflict | ||||||
9 | resolution. | ||||||
10 | (b) Beginning on January 1, 2017, within 2 years after | ||||||
11 | initial licensure as a registered pharmacy technician, the | ||||||
12 | licensee must meet the requirements described in Section 9.5 | ||||||
13 | of this Act and become licensed as a registered certified | ||||||
14 | pharmacy technician. If the licensee has not yet attained the | ||||||
15 | age of 18, then upon the next renewal as a registered pharmacy | ||||||
16 | technician, the licensee must meet the requirements described | ||||||
17 | in Section 9.5 of this Act and become licensed as a registered | ||||||
18 | certified pharmacy technician. This requirement does not apply | ||||||
19 | to pharmacy technicians registered prior to January 1, 2008.
| ||||||
20 | (c) Any person registered
as a pharmacy technician who is | ||||||
21 | also enrolled in a first professional
degree program in | ||||||
22 | pharmacy in a school or college of pharmacy or a
department of | ||||||
23 | pharmacy of a university approved by the Department or has | ||||||
24 | graduated from such a program within the last 18 months, shall | ||||||
25 | be
considered a "student pharmacist"
and entitled to use the | ||||||
26 | title "student pharmacist". A student pharmacist must meet all |
| |||||||
| |||||||
1 | of the requirements for licensure as a registered pharmacy | ||||||
2 | technician set forth in this Section excluding the requirement | ||||||
3 | of certification prior to the second license renewal and pay | ||||||
4 | the required registered pharmacy technician license fees. A | ||||||
5 | student pharmacist may, under the supervision of a pharmacist, | ||||||
6 | assist in the practice of pharmacy and perform any and all | ||||||
7 | functions delegated to him or her by the pharmacist. | ||||||
8 | (d) Any person seeking licensure as a pharmacist who has | ||||||
9 | graduated from a pharmacy program outside the United States | ||||||
10 | must register as a pharmacy technician and shall be considered | ||||||
11 | a "student pharmacist" and be entitled to use the title | ||||||
12 | "student pharmacist" while completing the 1,200 clinical hours | ||||||
13 | of training approved by the Board of Pharmacy described and | ||||||
14 | for no more than 18 months after completion of these hours. | ||||||
15 | These individuals are not required to become registered | ||||||
16 | certified pharmacy technicians while completing their Board | ||||||
17 | approved clinical training, but must become licensed as a | ||||||
18 | pharmacist or become licensed as a registered certified | ||||||
19 | pharmacy technician before the second pharmacy technician | ||||||
20 | license renewal following completion of the Board approved | ||||||
21 | clinical training. | ||||||
22 | (e) The Department shall not renew the registered pharmacy | ||||||
23 | technician license of any person who has been licensed as a | ||||||
24 | registered pharmacy technician with the designation "student | ||||||
25 | pharmacist" who: (1) has dropped out of or been expelled from | ||||||
26 | an ACPE accredited college of pharmacy; (2) has failed to |
| |||||||
| |||||||
1 | complete his or her 1,200 hours of Board approved clinical | ||||||
2 | training within 24 months; or (3) has failed the pharmacist | ||||||
3 | licensure examination 3 times. The Department shall require | ||||||
4 | these individuals to meet the requirements of and become | ||||||
5 | licensed as a registered certified pharmacy technician. | ||||||
6 | (f) The Department may
take any action set forth in | ||||||
7 | Section 30 of this Act with regard to a license
pursuant to | ||||||
8 | this Section.
| ||||||
9 | (g) Any person who is enrolled in a non-traditional | ||||||
10 | Pharm.D.
program at an ACPE accredited college of pharmacy and | ||||||
11 | is licensed as a registered pharmacist
under the laws of | ||||||
12 | another United States jurisdiction shall be permitted to
| ||||||
13 | engage in the program of practice experience required in the | ||||||
14 | academic program
by virtue of such license. Such person shall | ||||||
15 | be exempt from the requirement
of licensure as a registered | ||||||
16 | pharmacy technician or registered certified pharmacy | ||||||
17 | technician while engaged in the
program of practice experience | ||||||
18 | required in the academic program.
| ||||||
19 | An applicant for licensure as a registered pharmacy | ||||||
20 | technician may assist a
pharmacist in the practice of pharmacy | ||||||
21 | for a period of up to
60 days prior to the issuance of a | ||||||
22 | license if the
applicant has submitted the required fee and an | ||||||
23 | application for licensure
to the Department. The applicant | ||||||
24 | shall keep a copy of the submitted
application on the premises | ||||||
25 | where the applicant is assisting in the
practice of pharmacy. | ||||||
26 | The Department shall forward confirmation of receipt of the |
| |||||||
| |||||||
1 | application with start and expiration dates of practice | ||||||
2 | pending licensure.
| ||||||
3 | (Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
| ||||||
4 | Section 55. The Structural Pest Control Act is amended by | ||||||
5 | changing Section 5 as follows:
| ||||||
6 | (225 ILCS 235/5) (from Ch. 111 1/2, par. 2205)
| ||||||
7 | (Section scheduled to be repealed on December 31, 2029)
| ||||||
8 | Sec. 5. Certification requirements. No individual shall | ||||||
9 | apply any
general use or restricted pesticide while engaged in | ||||||
10 | commercial structural
pest control in this State unless the | ||||||
11 | individual is engaged in or has completed the training | ||||||
12 | requirements prescribed by the Department and is certified, or | ||||||
13 | supervised by someone who
is certified, by the Department in | ||||||
14 | accordance with this Section.
| ||||||
15 | No individual shall apply any restricted pesticide while | ||||||
16 | engaged in
non-commercial structural pest control in this | ||||||
17 | State unless the individual is engaged in or has completed the | ||||||
18 | training requirements prescribed by the Department and is | ||||||
19 | certified or
supervised by someone who is certified in | ||||||
20 | accordance
with this Section. In addition, any individual at | ||||||
21 | any non-commercial
structural pest control location using | ||||||
22 | general use pesticides shall comply
with the labeling | ||||||
23 | requirements of the pesticides used at that location.
| ||||||
24 | Each commercial structural pest control location shall be |
| |||||||
| |||||||
1 | required to
employ at least one certified technician at each | ||||||
2 | location. In addition,
each non-commercial structural pest | ||||||
3 | control location utilizing restricted
pesticides shall be | ||||||
4 | required to employ at least one certified technician at
each | ||||||
5 | location. Individuals who are not certified technicians may | ||||||
6 | work
under the supervision of a certified technician employed | ||||||
7 | at the commercial
or non-commercial location who shall be | ||||||
8 | responsible for their pest control
activities. Any technician | ||||||
9 | providing supervision for the use of restricted
pesticides | ||||||
10 | must be certified in the sub-category for which he is | ||||||
11 | providing
supervision.
| ||||||
12 | A. Any individual engaging in commercial structural pest | ||||||
13 | control and
utilizing general use pesticides must:
| ||||||
14 | 1. be at least 18 years of age; | ||||||
15 | 2. hold a high school diploma or State of Illinois | ||||||
16 | High School Diploma high school equivalency certificate ; | ||||||
17 | and
| ||||||
18 | 3. have filed an original application, paid the
fee | ||||||
19 | required for examination, and have passed the
General | ||||||
20 | Standards examination.
| ||||||
21 | B. Any individual engaging in commercial or non-commercial | ||||||
22 | structural
pest control and supervising the use of restricted | ||||||
23 | pesticides in any one of the
sub-categories in Section 7 of | ||||||
24 | this Act must:
| ||||||
25 | 1. be at least 18 years of age; | ||||||
26 | 2. hold a high school diploma or a State of Illinois |
| |||||||
| |||||||
1 | High School Diploma high school equivalency certificate ; | ||||||
2 | and
| ||||||
3 | 3. have:
| ||||||
4 | a. six months of practical experience in | ||||||
5 | structural pest control; or
| ||||||
6 | b. successfully completed a minimum of 16 semester | ||||||
7 | hours,
or their equivalent, in entomology or related | ||||||
8 | fields from a
recognized college or university; or
| ||||||
9 | c. successfully completed a pest control course,
| ||||||
10 | approved by the Department, from a recognized | ||||||
11 | educational
institution or other entity.
| ||||||
12 | Each applicant shall have filed an original application | ||||||
13 | and paid the
fee required for examination. Every applicant who | ||||||
14 | successfully passes the
General Standards examination and at | ||||||
15 | least one sub-category examination
shall be certified in each | ||||||
16 | sub-category which he has successfully passed.
| ||||||
17 | A certified technician who wishes to be certified in
| ||||||
18 | sub-categories for which he has not been previously certified
| ||||||
19 | may apply for any sub-category examination provided he meets | ||||||
20 | the
requirements set forth in this Section, files an original | ||||||
21 | application,
and pays the fee for examination.
| ||||||
22 | An applicant who fails to pass the General Standards | ||||||
23 | examination
or any sub-category examination may reapply for | ||||||
24 | that examination, provided
that he files an application and | ||||||
25 | pays the fee required for an original
examination. | ||||||
26 | Re-examination applications shall be on forms prescribed
by |
| |||||||
| |||||||
1 | the Department.
| ||||||
2 | (Source: P.A. 100-716, eff. 8-3-18.)
| ||||||
3 | Section 60. The Community Association Manager Licensing | ||||||
4 | and Disciplinary Act is amended by changing Section 40 as | ||||||
5 | follows: | ||||||
6 | (225 ILCS 427/40) | ||||||
7 | (Section scheduled to be repealed on January 1, 2027) | ||||||
8 | Sec. 40. Qualifications for licensure as a community | ||||||
9 | association manager. | ||||||
10 | (a) No person shall be qualified for licensure as a | ||||||
11 | community association manager under this Act unless the person | ||||||
12 | has applied in writing on the prescribed forms and has paid the | ||||||
13 | required, nonrefundable fees and has met all of the following | ||||||
14 | qualifications: | ||||||
15 | (1) Is at least 18 years of age. | ||||||
16 | (1.5) Successfully completed a 4-year course of study | ||||||
17 | in a high school, secondary school, or an equivalent | ||||||
18 | course of study approved by the state in which the school | ||||||
19 | is located, or possess a State of Illinois High School | ||||||
20 | Diploma high school equivalency certificate , which shall | ||||||
21 | be verified under oath by the applicant. | ||||||
22 | (2) Provided satisfactory evidence of having completed | ||||||
23 | at least 20 classroom hours in community association | ||||||
24 | management courses approved by the Board. |
| |||||||
| |||||||
1 | (3) Passed an examination authorized by the | ||||||
2 | Department.
| ||||||
3 | (4) Has not committed an act or acts, in this or any | ||||||
4 | other jurisdiction, that would be a violation of this Act. | ||||||
5 | (5) Is of good moral character. In determining moral | ||||||
6 | character under this Section, the Department may take into | ||||||
7 | consideration whether the applicant has engaged in conduct | ||||||
8 | or activities that would constitute grounds for discipline | ||||||
9 | under this Act. Good moral character is a continuing | ||||||
10 | requirement of licensure. Conviction of crimes may be used | ||||||
11 | in determining moral character, but shall not constitute | ||||||
12 | an absolute bar to licensure. | ||||||
13 | (6) Has not been declared by any court of competent | ||||||
14 | jurisdiction to be incompetent by reason of mental or | ||||||
15 | physical defect or disease, unless subsequently declared | ||||||
16 | by a court to be competent. | ||||||
17 | (7) Complies with any additional qualifications for | ||||||
18 | licensure as determined by rule of the Department. | ||||||
19 | (b) (Blank). | ||||||
20 | (c) (Blank). | ||||||
21 | (d) Applicants have 3 years from the date of application | ||||||
22 | to complete the application process. If the process has not | ||||||
23 | been completed within the 3 years, the application shall be | ||||||
24 | denied, the fee shall be forfeited, and the applicant must | ||||||
25 | reapply and meet the requirements in effect at the time of | ||||||
26 | re-application. |
| |||||||
| |||||||
1 | (e) The Department shall not require applicants to report | ||||||
2 | the following information and shall not consider the following | ||||||
3 | criminal history records in connection with an application for | ||||||
4 | licensure: | ||||||
5 | (1) juvenile adjudications of delinquent minors as | ||||||
6 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
7 | subject to the restrictions set forth in Section 5-130 of | ||||||
8 | that Act; | ||||||
9 | (2) law enforcement records, court records, and | ||||||
10 | conviction records of an individual who was 17 years old | ||||||
11 | at the time of the offense and before January 1, 2014, | ||||||
12 | unless the nature of the offense required the individual | ||||||
13 | to be tried as an adult; | ||||||
14 | (3) records of arrest not followed by a charge or | ||||||
15 | conviction; | ||||||
16 | (4) records of arrest in which the charges were | ||||||
17 | dismissed unless related to the practice of the | ||||||
18 | profession; however, applicants shall not be asked to | ||||||
19 | report any arrests, and an arrest not followed by a | ||||||
20 | conviction shall not be the basis of a denial and may be | ||||||
21 | used only to assess an applicant's rehabilitation; | ||||||
22 | (5) convictions overturned by a higher court; or | ||||||
23 | (6) convictions or arrests that have been sealed or | ||||||
24 | expunged. | ||||||
25 | (f) An applicant or licensee shall report to the | ||||||
26 | Department, in a manner prescribed by the Department, and |
| |||||||
| |||||||
1 | within 30 days after the occurrence if during the term of | ||||||
2 | licensure: (i) any conviction of or plea of guilty or nolo | ||||||
3 | contendere to forgery, embezzlement, obtaining money under | ||||||
4 | false pretenses, larceny, extortion, conspiracy to defraud, or | ||||||
5 | any similar offense or offenses or any conviction of a felony | ||||||
6 | involving moral turpitude; (ii) the entry of an administrative | ||||||
7 | sanction by a government agency in this State or any other | ||||||
8 | jurisdiction that has as an essential element dishonesty or | ||||||
9 | fraud or involves larceny, embezzlement, or obtaining money, | ||||||
10 | property, or credit by false pretenses; or (iii) any | ||||||
11 | conviction of or plea of guilty or nolo contendere to a crime | ||||||
12 | that subjects the licensee to compliance with the requirements | ||||||
13 | of the Sex Offender Registration Act.
| ||||||
14 | (Source: P.A. 102-20, eff. 1-1-22 .) | ||||||
15 | Section 65. The Home Inspector License Act is amended by | ||||||
16 | changing Section 5-10 as follows:
| ||||||
17 | (225 ILCS 441/5-10)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
19 | Sec. 5-10. Application for home inspector license. | ||||||
20 | (a) Every natural person
who
desires to obtain a home | ||||||
21 | inspector license shall:
| ||||||
22 | (1) apply to the Department in a manner prescribed by | ||||||
23 | the Department and accompanied by the required
fee; all | ||||||
24 | applications shall contain the information that, in the |
| |||||||
| |||||||
1 | judgment of the Department, enables the Department to pass | ||||||
2 | on the qualifications of the applicant for a license to | ||||||
3 | practice as a home inspector as set by rule;
| ||||||
4 | (2) be at least 18 years of age;
| ||||||
5 | (3) successfully complete a 4-year course of study in | ||||||
6 | a high school or secondary school or an equivalent course | ||||||
7 | of study approved by the state in which the school is | ||||||
8 | located, or possess a State of Illinois High School | ||||||
9 | Diploma high school equivalency certificate , which shall | ||||||
10 | be verified under oath by the applicant;
| ||||||
11 | (4) personally take and pass a written examination and | ||||||
12 | a field examination authorized by the Department; and
| ||||||
13 | (5) prior to taking the examination, provide evidence
| ||||||
14 | to the Department that the applicant has
successfully | ||||||
15 | completed the prerequisite classroom hours of instruction | ||||||
16 | in home
inspection, as established by rule.
| ||||||
17 | (b) The Department shall not require applicants to report | ||||||
18 | the following information and shall not consider the following | ||||||
19 | criminal history records in connection with an application for | ||||||
20 | licensure or registration: | ||||||
21 | (1) juvenile adjudications of delinquent minors as | ||||||
22 | defined in Section 5-105 of the Juvenile Court Act of 1987 | ||||||
23 | subject to the restrictions set forth in Section 5-130 of | ||||||
24 | that Act; | ||||||
25 | (2) law enforcement records, court records, and | ||||||
26 | conviction records of an individual who was 17 years old |
| |||||||
| |||||||
1 | at the time of the offense and before January 1, 2014, | ||||||
2 | unless the nature of the offense required the individual | ||||||
3 | to be tried as an adult; | ||||||
4 | (3) records of arrest not followed by a charge or | ||||||
5 | conviction; | ||||||
6 | (4) records of arrest where the charges were dismissed | ||||||
7 | unless related to the practice of the profession; however, | ||||||
8 | applicants shall not be asked to report any arrests, and | ||||||
9 | an arrest not followed by a conviction shall not be the | ||||||
10 | basis of denial and may be used only to assess an | ||||||
11 | applicant's rehabilitation; | ||||||
12 | (5) convictions overturned by a higher court; or | ||||||
13 | (6) convictions or arrests that have been sealed or | ||||||
14 | expunged. | ||||||
15 | (c) An applicant or licensee shall report to the | ||||||
16 | Department, in a manner prescribed by the Department, upon | ||||||
17 | application and within 30 days after the occurrence, if during | ||||||
18 | the term of licensure, (i) any conviction of or plea of guilty | ||||||
19 | or nolo contendere to forgery, embezzlement, obtaining money | ||||||
20 | under false pretenses, larceny, extortion, conspiracy to | ||||||
21 | defraud, or any similar offense or offenses or any conviction | ||||||
22 | of a felony involving moral turpitude, (ii) the entry of an | ||||||
23 | administrative sanction by a government agency in this State | ||||||
24 | or any other jurisdiction that has as an essential element | ||||||
25 | dishonesty or fraud or involves larceny, embezzlement, or | ||||||
26 | obtaining money, property, or credit by false pretenses, or |
| |||||||
| |||||||
1 | (iii) a crime that subjects the licensee to compliance with | ||||||
2 | the requirements of the Sex Offender Registration Act. | ||||||
3 | (d) Applicants have 3 years after the date of the | ||||||
4 | application to complete the application process. If the | ||||||
5 | process has not been completed within 3 years, the application | ||||||
6 | shall be denied, the fee forfeited, and the applicant must | ||||||
7 | reapply and meet the requirements in effect at the time of | ||||||
8 | reapplication. | ||||||
9 | (Source: P.A. 102-20, eff. 1-1-22 .)
| ||||||
10 | Section 70. The Real Estate License Act of 2000 is amended | ||||||
11 | by changing Sections 5-10, 5-27, and 5-28 as follows:
| ||||||
12 | (225 ILCS 454/5-10)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2030)
| ||||||
14 | Sec. 5-10. Requirements for license as a residential | ||||||
15 | leasing agent; continuing education. | ||||||
16 | (a) Every applicant for licensure as a residential leasing | ||||||
17 | agent must meet the following qualifications: | ||||||
18 | (1) be at least 18 years of age; | ||||||
19 | (2) be of good moral
character; | ||||||
20 | (3) successfully complete
a 4-year course of study in | ||||||
21 | a high school or secondary school or an
equivalent course | ||||||
22 | of
study approved by the state in which the school is | ||||||
23 | located, or possess a State of Illinois High School | ||||||
24 | Diploma high school equivalency certificate , which shall |
| |||||||
| |||||||
1 | be verified under oath by the applicant; | ||||||
2 | (4) personally take and pass a written
examination | ||||||
3 | authorized by the Department sufficient to demonstrate the | ||||||
4 | applicant's
knowledge of the
provisions of this Act | ||||||
5 | relating to residential leasing agents and the applicant's
| ||||||
6 | competence to engage in the
activities of a licensed | ||||||
7 | residential leasing agent; | ||||||
8 | (5) provide satisfactory evidence of having completed | ||||||
9 | 15 hours of
instruction in an approved course of study | ||||||
10 | relating to the leasing of residential real property. The | ||||||
11 | Board may recommend to the Department the number of hours | ||||||
12 | each topic of study shall require. The
course of study | ||||||
13 | shall, among other topics, cover
the provisions of this | ||||||
14 | Act
applicable to residential leasing agents; fair housing | ||||||
15 | and human rights issues relating to residential
leasing; | ||||||
16 | advertising and marketing issues;
leases, applications, | ||||||
17 | and credit and criminal background reports; owner-tenant | ||||||
18 | relationships and
owner-tenant laws; the handling of | ||||||
19 | funds; and
environmental issues relating
to residential | ||||||
20 | real
property; | ||||||
21 | (6) complete any other requirements as set forth by | ||||||
22 | rule; and
| ||||||
23 | (7) present a valid application for issuance of an | ||||||
24 | initial license accompanied by fees specified by rule. | ||||||
25 | (b) No applicant shall engage in any of the activities | ||||||
26 | covered by this Act without a valid license and until a valid |
| |||||||
| |||||||
1 | sponsorship has been registered with the Department. | ||||||
2 | (c) Successfully completed course work, completed pursuant | ||||||
3 | to the
requirements of this
Section, may be applied to the | ||||||
4 | course work requirements to obtain a managing
broker's or
| ||||||
5 | broker's license as provided by rule. The Board may
recommend | ||||||
6 | to the Department and the Department may adopt requirements | ||||||
7 | for approved courses, course
content, and the
approval of | ||||||
8 | courses, instructors, and education providers, as well as | ||||||
9 | education provider and instructor
fees. The Department may
| ||||||
10 | establish continuing education requirements for residential | ||||||
11 | licensed leasing agents, by
rule, consistent with the language | ||||||
12 | and intent of this Act, with the advice of
the Board.
| ||||||
13 | (d) The continuing education requirement for residential | ||||||
14 | leasing agents shall consist of a single core curriculum to be | ||||||
15 | prescribed by the Department as recommended by the Board. | ||||||
16 | Leasing agents shall be required to complete no less than 8 | ||||||
17 | hours of continuing education in the core curriculum for each | ||||||
18 | 2-year renewal period. The curriculum shall, at a minimum, | ||||||
19 | consist of a single course or courses on the subjects of fair | ||||||
20 | housing and human rights issues related to residential | ||||||
21 | leasing, advertising and marketing issues, leases, | ||||||
22 | applications, credit reports, and criminal history, the | ||||||
23 | handling of funds, owner-tenant relationships and owner-tenant | ||||||
24 | laws, and environmental issues relating to residential real | ||||||
25 | estate. | ||||||
26 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/5-27) | ||||||
2 | (Section scheduled to be repealed on January 1, 2030) | ||||||
3 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
4 | (a) Every applicant for licensure as a broker must meet | ||||||
5 | the following qualifications: | ||||||
6 | (1) Be at least 18 years of age; | ||||||
7 | (2) Be of good moral character; | ||||||
8 | (3) Successfully complete a 4-year course of study in | ||||||
9 | a high school or secondary school approved by the state in | ||||||
10 | which the school is located, or possess a State of | ||||||
11 | Illinois High School Diploma high school equivalency | ||||||
12 | certificate , which shall be verified under oath by the | ||||||
13 | applicant; | ||||||
14 | (4) (Blank); | ||||||
15 | (5) Provide satisfactory evidence of having completed | ||||||
16 | 75 hours of instruction in real estate courses approved by | ||||||
17 | the Department, 15 hours of which must consist of | ||||||
18 | situational and case studies presented in the classroom or | ||||||
19 | by live, interactive webinar or online distance education | ||||||
20 | courses; | ||||||
21 | (6) Personally take and pass a written examination | ||||||
22 | authorized by the Department; | ||||||
23 | (7) Present a valid application for issuance of a | ||||||
24 | license accompanied by the fees specified by rule. | ||||||
25 | (b) The requirements specified in items (3) and (5) of |
| |||||||
| |||||||
1 | subsection (a) of this Section do not apply to applicants who | ||||||
2 | are currently admitted to practice law by the Supreme Court of | ||||||
3 | Illinois and are currently in active standing. | ||||||
4 | (c) No applicant shall engage in any of the activities | ||||||
5 | covered by this Act until a valid sponsorship has been | ||||||
6 | registered with the Department. | ||||||
7 | (d) All licenses should be readily available to the public | ||||||
8 | at the licensee's place of business.
| ||||||
9 | (e) An individual holding an active license as a managing | ||||||
10 | broker may, upon written request to the Department, | ||||||
11 | permanently and irrevocably place his or her managing broker | ||||||
12 | license on inactive status and shall be issued a broker's | ||||||
13 | license in exchange. Any individual obtaining a broker's | ||||||
14 | license under this subsection (e) shall be considered as | ||||||
15 | having obtained a broker's license by education and passing | ||||||
16 | the required test and shall be treated as such in determining | ||||||
17 | compliance with this Act. | ||||||
18 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.) | ||||||
19 | (225 ILCS 454/5-28) | ||||||
20 | (Section scheduled to be repealed on January 1, 2030) | ||||||
21 | Sec. 5-28. Requirements for licensure as a managing | ||||||
22 | broker. | ||||||
23 | (a) Every applicant for licensure as a managing broker | ||||||
24 | must meet the following qualifications: | ||||||
25 | (1) be at least 20 years of age; |
| |||||||
| |||||||
1 | (2) be of good moral character; | ||||||
2 | (3) have been licensed at least 2 consecutive years | ||||||
3 | out of the preceding 3 years as a broker; | ||||||
4 | (4) successfully complete a 4-year course of study in | ||||||
5 | high school or secondary school approved by the state in | ||||||
6 | which the school is located, or a State of Illinois High | ||||||
7 | School Diploma high school equivalency certificate , which | ||||||
8 | shall be verified under oath by the applicant; | ||||||
9 | (5) provide satisfactory evidence of having completed | ||||||
10 | at least 165 hours, 120 of which shall be those hours | ||||||
11 | required pre-licensure and post-licensure to obtain a | ||||||
12 | broker's license, and 45 additional hours completed within | ||||||
13 | the year immediately preceding the filing of an | ||||||
14 | application for a managing broker's license, which hours | ||||||
15 | shall focus on brokerage administration and management and | ||||||
16 | residential leasing agent management and include at least | ||||||
17 | 15 hours in the classroom or by live, interactive webinar | ||||||
18 | or online distance education courses; | ||||||
19 | (6) personally take and pass a written examination | ||||||
20 | authorized by the Department; and | ||||||
21 | (7) submit a valid application for issuance of a | ||||||
22 | license accompanied by the fees specified by rule. | ||||||
23 | (b) The requirements specified in item (5) of subsection | ||||||
24 | (a) of this Section do not apply to applicants who are | ||||||
25 | currently admitted to practice law by the Supreme Court of | ||||||
26 | Illinois and are currently in active standing.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.) | ||||||
2 | Section 75. The Illinois Public Aid Code is amended by | ||||||
3 | changing Sections 4-1.9 and 9A-8 as follows:
| ||||||
4 | (305 ILCS 5/4-1.9) (from Ch. 23, par. 4-1.9)
| ||||||
5 | Sec. 4-1.9. Participation in Educational and Vocational | ||||||
6 | Training Programs.
| ||||||
7 | (a) A parent or parents and a child age 16 or over not in | ||||||
8 | regular
attendance
in school, as defined in Section 4-1.1 as | ||||||
9 | that Section existed on August 26,
1969 (the effective date of | ||||||
10 | Public Act 76-1047), for whom education and
training is | ||||||
11 | suitable, must participate in the educational and vocational
| ||||||
12 | training programs provided pursuant to Article IXA.
| ||||||
13 | (b) A parent who is less than 20 years of age and who has | ||||||
14 | not
received a
high school diploma or State of Illinois High | ||||||
15 | School Diploma high school equivalency certificate is required | ||||||
16 | to be
enrolled in school or in an educational program that is | ||||||
17 | expected to result in
the receipt of a high school diploma or | ||||||
18 | State of Illinois High School Diploma high school equivalency | ||||||
19 | certificate ,
except 18 and 19 year old parents may be assigned | ||||||
20 | to work activities or
training if it is determined based on an | ||||||
21 | individualized assessment that
secondary school is | ||||||
22 | inappropriate.
| ||||||
23 | (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
| ||||||
2 | Sec. 9A-8. Operation of program.
| ||||||
3 | (a) At the time of application or redetermination of | ||||||
4 | eligibility under
Article IV, as determined by rule, the | ||||||
5 | Illinois Department shall provide
information in writing and | ||||||
6 | orally regarding the education, training and
employment | ||||||
7 | program to all applicants and recipients. The information
| ||||||
8 | required shall be established by rule and shall include, but | ||||||
9 | need not be
limited to:
| ||||||
10 | (1) education (including literacy training), | ||||||
11 | employment and training
opportunities available, the | ||||||
12 | criteria for approval of those opportunities,
and the | ||||||
13 | right to request changes in the personal responsibility | ||||||
14 | and
services plan to include those opportunities;
| ||||||
15 | (1.1) a complete list of all activities that are | ||||||
16 | approvable activities, and
the circumstances under which | ||||||
17 | they are
approvable, including work activities, substance | ||||||
18 | use disorder or mental health
treatment, activities to | ||||||
19 | escape and prevent domestic
violence, caring for a | ||||||
20 | medically impaired family member, and any other
approvable | ||||||
21 | activities, together with the right to and
procedures for | ||||||
22 | amending the responsibility and services plan to include | ||||||
23 | these
activities;
| ||||||
24 | (1.2) the rules concerning the lifetime limit on | ||||||
25 | eligibility, including
the current status of the applicant | ||||||
26 | or recipient in
terms of the months of remaining |
| |||||||
| |||||||
1 | eligibility, the criteria under which a month
will not | ||||||
2 | count towards the lifetime limit, and the
criteria under | ||||||
3 | which a recipient may receive benefits beyond the end of | ||||||
4 | the
lifetime limit;
| ||||||
5 | (2) supportive services including child care
and the | ||||||
6 | rules regarding eligibility for and access to the child
| ||||||
7 | care assistance program, transportation, initial expenses | ||||||
8 | of employment, job
retention, books and fees, and any | ||||||
9 | other supportive
services;
| ||||||
10 | (3) the obligation of the Department to provide | ||||||
11 | supportive services;
| ||||||
12 | (4) the rights and responsibilities of participants, | ||||||
13 | including
exemption, sanction, reconciliation, and good | ||||||
14 | cause criteria and
procedures, termination for | ||||||
15 | non-cooperation
and reinstatement rules and procedures, | ||||||
16 | and appeal and grievance procedures;
and
| ||||||
17 | (5) the types and locations of child care services.
| ||||||
18 | (b) The Illinois
Department shall notify the recipient in | ||||||
19 | writing of the opportunity to
volunteer to participate in the | ||||||
20 | program.
| ||||||
21 | (c) (Blank).
| ||||||
22 | (d) As part of the personal plan for achieving employment | ||||||
23 | and
self-sufficiency, the Department shall conduct an | ||||||
24 | individualized assessment
of
the
participant's employability. | ||||||
25 | No participant may be assigned to any
component of the | ||||||
26 | education, training and employment activity
prior to such
|
| |||||||
| |||||||
1 | assessment. The plan shall
include collection of
information
| ||||||
2 | on the individual's background, proficiencies, skills | ||||||
3 | deficiencies,
education level, work history, employment goals, | ||||||
4 | interests, aptitudes, and
employment preferences, as well as | ||||||
5 | factors affecting employability or
ability to meet | ||||||
6 | participation requirements (e.g., health, physical or
mental | ||||||
7 | limitations, child care, family circumstances, domestic | ||||||
8 | violence, sexual violence,
substance use disorders, and | ||||||
9 | special needs of any child of the individual). As part
of the | ||||||
10 | plan,
individuals and Department staff shall work together to | ||||||
11 | identify any
supportive service needs required to enable the | ||||||
12 | client to participate and
meet the objectives of his or her | ||||||
13 | employability plan. The
assessment may be conducted through | ||||||
14 | various methods such as interviews,
testing, counseling, and | ||||||
15 | self-assessment instruments. In the
assessment process, the | ||||||
16 | Department shall offer to include standard
literacy testing
| ||||||
17 | and a determination of
English language proficiency and shall | ||||||
18 | provide it for those who accept the
offer.
Based on the | ||||||
19 | assessment,
the
individual will be assigned to the appropriate | ||||||
20 | activity. The
decision will be based on a determination of the | ||||||
21 | individual's level of
preparation for employment as defined by | ||||||
22 | rule.
| ||||||
23 | (e) Recipients determined to be exempt may volunteer to | ||||||
24 | participate
pursuant to Section 9A-4 and must be assessed.
| ||||||
25 | (f) As part of the personal plan for achieving employment | ||||||
26 | and
self-sufficiency under Section 4-1, an employability plan |
| |||||||
| |||||||
1 | for recipients
shall be
developed in
consultation with the | ||||||
2 | participant. The Department shall have final
responsibility | ||||||
3 | for approving the employability plan. The employability
plan | ||||||
4 | shall:
| ||||||
5 | (1) contain an employment goal of the participant;
| ||||||
6 | (2) describe the services to be provided by the | ||||||
7 | Department, including
child care and other support | ||||||
8 | services;
| ||||||
9 | (3) describe the activities, such as component | ||||||
10 | assignment, that will be
undertaken by the participant to | ||||||
11 | achieve the employment goal. The Department shall treat | ||||||
12 | participation in high school and high school equivalency | ||||||
13 | programs as a core activity and count participation in | ||||||
14 | high school and high school equivalency programs toward | ||||||
15 | the first 20 hours per week of participation. The | ||||||
16 | Department shall approve participation in high school or | ||||||
17 | high school equivalency programs upon written or oral | ||||||
18 | request of the participant if he or she has not already | ||||||
19 | earned a high school diploma or a State of Illinois High | ||||||
20 | School Diploma high school equivalency certificate . | ||||||
21 | However, participation in high school or high school | ||||||
22 | equivalency programs may be delayed as part of an | ||||||
23 | applicant's or recipient's personal plan for achieving | ||||||
24 | employment and self-sufficiency if it is determined that | ||||||
25 | the benefit from participating in another activity, such | ||||||
26 | as, but not limited to, treatment for a substance use |
| |||||||
| |||||||
1 | disorder or an English proficiency program, would be | ||||||
2 | greater to the applicant or recipient than participation | ||||||
3 | in high school or a high school equivalency program. The | ||||||
4 | availability of high school and high school equivalency | ||||||
5 | programs may also delay enrollment in those programs. The | ||||||
6 | Department shall treat such activities as a core activity | ||||||
7 | as long as satisfactory progress is made, as determined by | ||||||
8 | the high school or high school equivalency program. Proof | ||||||
9 | of satisfactory progress shall be provided by the | ||||||
10 | participant or the school at the end of each academic | ||||||
11 | term; and
| ||||||
12 | (4) describe any other needs of the family that might | ||||||
13 | be met by
the Department.
| ||||||
14 | (g) The employability plan shall take into account:
| ||||||
15 | (1) available program resources;
| ||||||
16 | (2) the participant's support service needs;
| ||||||
17 | (3) the participant's skills level and aptitudes;
| ||||||
18 | (4) local employment opportunities; and
| ||||||
19 | (5) the preferences of the
participant.
| ||||||
20 | (h) A reassessment shall be conducted to assess a | ||||||
21 | participant's
progress and to review the employability plan on | ||||||
22 | the following occasions:
| ||||||
23 | (1) upon completion of an activity and before
| ||||||
24 | assignment to an activity;
| ||||||
25 | (2) upon the request of the participant;
| ||||||
26 | (3) if the individual is not cooperating with the |
| |||||||
| |||||||
1 | requirements of
the program; and
| ||||||
2 | (4) if the individual has failed to make satisfactory | ||||||
3 | progress in an
education or training program.
| ||||||
4 | Based on the reassessment, the Department may revise the | ||||||
5 | employability
plan of the participant.
| ||||||
6 | (Source: P.A. 99-746, eff. 1-1-17; 100-759, eff. 1-1-19 .)
| ||||||
7 | Section 80. The Firearm Concealed Carry Act is amended by | ||||||
8 | changing Section 80 as follows: | ||||||
9 | (430 ILCS 66/80) | ||||||
10 | Sec. 80. Certified firearms instructors. | ||||||
11 | (a) Within 60 days of the effective date of this Act, the | ||||||
12 | Illinois State Police shall begin approval of certified | ||||||
13 | firearms instructors and enter certified firearms instructors | ||||||
14 | into an online registry on the Illinois State Police's | ||||||
15 | website. | ||||||
16 | (b) A person who is not a certified firearms instructor | ||||||
17 | shall not teach applicant training courses or advertise or | ||||||
18 | otherwise represent courses they teach as qualifying their | ||||||
19 | students to meet the requirements to receive a license under | ||||||
20 | this Act. Each violation of this subsection is a business | ||||||
21 | offense with a fine of at least $1,000 per violation. | ||||||
22 | (c) A person seeking to become a certified firearms | ||||||
23 | instructor shall: | ||||||
24 | (1) be at least 21 years of age; |
| |||||||
| |||||||
1 | (2) be a legal resident of the United States; and | ||||||
2 | (3) meet the requirements of Section 25 of this Act, | ||||||
3 | except for the Illinois residency
requirement in item | ||||||
4 | (xiv) of paragraph (2) of subsection (a) of Section 4 of | ||||||
5 | the Firearm
Owners Identification Card Act; and any | ||||||
6 | additional uniformly applied requirements established by | ||||||
7 | the Illinois State Police. | ||||||
8 | (d) A person seeking to become a certified firearms | ||||||
9 | instructor, in addition to the requirements of subsection (c) | ||||||
10 | of this Section, shall: | ||||||
11 | (1) possess a high school diploma or State of Illinois | ||||||
12 | High School Diploma high school equivalency certificate ; | ||||||
13 | and | ||||||
14 | (2) have at least one of the following valid firearms | ||||||
15 | instructor certifications: | ||||||
16 | (A) certification from a law enforcement agency; | ||||||
17 | (B) certification from a firearm instructor course | ||||||
18 | offered by a State or federal governmental agency; | ||||||
19 | (C) certification from a firearm instructor | ||||||
20 | qualification course offered by the Illinois Law | ||||||
21 | Enforcement Training Standards Board; or | ||||||
22 | (D) certification from an entity approved by the | ||||||
23 | Illinois State Police that offers firearm instructor | ||||||
24 | education and training in the use and safety of | ||||||
25 | firearms. | ||||||
26 | (e) A person may have his or her firearms instructor |
| |||||||
| |||||||
1 | certification denied or revoked if he or she does not meet the | ||||||
2 | requirements to obtain a license under this Act, provides | ||||||
3 | false or misleading information to the Illinois State Police, | ||||||
4 | or has had a prior instructor certification revoked or denied | ||||||
5 | by the Illinois State Police.
| ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
7 | Section 85. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 6-107 and 6-408.5 as follows:
| ||||||
9 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||||||
10 | Sec. 6-107. Graduated license.
| ||||||
11 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
12 | develop safe and mature driving habits in young,
inexperienced | ||||||
13 | drivers and reduce or prevent motor vehicle accidents,
| ||||||
14 | fatalities,
and injuries by:
| ||||||
15 | (1) providing for an increase in the time of practice | ||||||
16 | period before
granting
permission to obtain a driver's | ||||||
17 | license;
| ||||||
18 | (2) strengthening driver licensing and testing | ||||||
19 | standards for persons under
the age of 21 years;
| ||||||
20 | (3) sanctioning driving privileges of drivers under | ||||||
21 | age 21 who have
committed serious traffic violations or | ||||||
22 | other specified offenses; and
| ||||||
23 | (4) setting stricter standards to promote the public's | ||||||
24 | health and
safety.
|
| |||||||
| |||||||
1 | (b) The application of any person under
the age of 18 | ||||||
2 | years, and not legally emancipated, for a drivers
license or | ||||||
3 | permit to operate a motor vehicle issued under the laws of this
| ||||||
4 | State, shall be accompanied by the written consent of either | ||||||
5 | parent of the
applicant; otherwise by the guardian having | ||||||
6 | custody of the applicant, or
in the event there is no parent or | ||||||
7 | guardian, then by another responsible adult. The written | ||||||
8 | consent must accompany any application for a driver's license | ||||||
9 | under this subsection (b), regardless of whether or not the | ||||||
10 | required written consent also accompanied the person's | ||||||
11 | previous application for an instruction permit.
| ||||||
12 | No graduated driver's license shall be issued to any | ||||||
13 | applicant under 18
years
of age, unless the applicant is at | ||||||
14 | least 16 years of age and has:
| ||||||
15 | (1) Held a valid instruction permit for a minimum of 9 | ||||||
16 | months.
| ||||||
17 | (2) Passed an approved driver education course
and | ||||||
18 | submits proof of having passed the course as may
be | ||||||
19 | required.
| ||||||
20 | (3) Certification by the parent, legal guardian, or | ||||||
21 | responsible adult that
the applicant has had a minimum of | ||||||
22 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
23 | hours of which have been at night,
and is sufficiently | ||||||
24 | prepared and able to safely operate a motor vehicle.
| ||||||
25 | (b-1) No graduated
driver's license shall be issued to any | ||||||
26 | applicant who is under 18 years of age
and not legally |
| |||||||
| |||||||
1 | emancipated, unless the applicant has graduated
from a | ||||||
2 | secondary school of this State or any other state, is enrolled | ||||||
3 | in a
course leading to a State of Illinois High School Diploma | ||||||
4 | high school equivalency certificate , has
obtained a State of | ||||||
5 | Illinois High School Diploma high school equivalency | ||||||
6 | certificate , is enrolled in an elementary or secondary school | ||||||
7 | or college or university
of this State or any other state and | ||||||
8 | is not a chronic or habitual truant as provided in Section | ||||||
9 | 26-2a of the School Code, or is receiving home instruction and | ||||||
10 | submits proof of meeting any of those
requirements at the time | ||||||
11 | of application.
| ||||||
12 | An applicant under 18 years of age who provides proof | ||||||
13 | acceptable to the Secretary that the applicant has resumed | ||||||
14 | regular school attendance or home instruction or that his or | ||||||
15 | her application was denied in error shall be eligible to | ||||||
16 | receive a graduated license if other requirements are met. The | ||||||
17 | Secretary shall adopt rules for implementing this subsection | ||||||
18 | (b-1).
| ||||||
19 | (c) No graduated driver's license or permit shall be | ||||||
20 | issued to
any applicant under 18
years of age who has committed | ||||||
21 | the offense of operating a motor vehicle
without a valid | ||||||
22 | license or permit in violation of Section 6-101 of this Code
or | ||||||
23 | a similar out of state offense and no graduated driver's
| ||||||
24 | license or permit shall be issued to any applicant under 18 | ||||||
25 | years of age
who has committed an offense that would otherwise | ||||||
26 | result in a
mandatory revocation of a license or permit as |
| |||||||
| |||||||
1 | provided in Section 6-205 of
this Code or who has been either | ||||||
2 | convicted of or adjudicated a delinquent based
upon a | ||||||
3 | violation of the Cannabis Control Act, the Illinois Controlled
| ||||||
4 | Substances Act, the Use of Intoxicating Compounds Act, or the | ||||||
5 | Methamphetamine Control and Community Protection Act while | ||||||
6 | that individual was in actual physical control of a motor
| ||||||
7 | vehicle. For purposes of this Section, any person placed on | ||||||
8 | probation under
Section 10 of the Cannabis Control Act, | ||||||
9 | Section 410 of the Illinois
Controlled Substances Act, or | ||||||
10 | Section 70 of the Methamphetamine Control and Community | ||||||
11 | Protection Act shall not be considered convicted. Any person | ||||||
12 | found
guilty of this offense, while in actual physical control | ||||||
13 | of a motor vehicle,
shall have an entry made in the court | ||||||
14 | record by the judge that this offense did
occur while the | ||||||
15 | person was in actual physical control of a motor vehicle and
| ||||||
16 | order the clerk of the court to report the violation to the | ||||||
17 | Secretary of State
as such.
| ||||||
18 | (d) No graduated driver's license shall be issued for 9 | ||||||
19 | months to any
applicant
under
the
age of 18 years who has | ||||||
20 | committed and subsequently been convicted of an offense | ||||||
21 | against traffic regulations governing the movement of | ||||||
22 | vehicles, any violation of this Section or Section 12-603.1 of | ||||||
23 | this Code, or who has received a disposition of court | ||||||
24 | supervision for a violation of Section 6-20 of the Illinois | ||||||
25 | Liquor Control Act of 1934 or a similar provision of a local | ||||||
26 | ordinance.
|
| |||||||
| |||||||
1 | (e) No graduated driver's license holder under the age
of | ||||||
2 | 18 years shall operate any
motor vehicle, except a motor | ||||||
3 | driven cycle or motorcycle, with
more than one passenger in | ||||||
4 | the front seat of the motor vehicle
and no more passengers in | ||||||
5 | the back seats than the number of available seat
safety belts | ||||||
6 | as set forth in Section 12-603 of this Code. If a graduated | ||||||
7 | driver's license holder over the age of 18 committed an | ||||||
8 | offense against traffic regulations governing the movement of | ||||||
9 | vehicles or any violation of this Section or Section 12-603.1 | ||||||
10 | of this Code in the 6 months prior to the graduated driver's | ||||||
11 | license holder's 18th birthday, and was subsequently convicted | ||||||
12 | of the violation, the provisions of this paragraph shall | ||||||
13 | continue to apply until such time as a period of 6 consecutive | ||||||
14 | months has elapsed without an additional violation and | ||||||
15 | subsequent conviction of an offense against traffic | ||||||
16 | regulations governing the movement of vehicles or any | ||||||
17 | violation of this Section or Section 12-603.1 of this Code.
| ||||||
18 | (f) (Blank).
| ||||||
19 | (g) If a graduated driver's license holder is under the | ||||||
20 | age of 18 when he
or she receives the license, for the first 12 | ||||||
21 | months he or she holds the license
or
until he or she reaches | ||||||
22 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
23 | holder may not operate a motor vehicle with more than one | ||||||
24 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
25 | additional passenger or passengers are
siblings, | ||||||
26 | step-siblings, children, or stepchildren of the driver. If a |
| |||||||
| |||||||
1 | graduated driver's license holder committed an offense against | ||||||
2 | traffic regulations governing the movement of vehicles or any | ||||||
3 | violation of this Section or Section 12-603.1 of this Code | ||||||
4 | during the first 12 months the license is held and | ||||||
5 | subsequently is convicted of the violation, the provisions of | ||||||
6 | this paragraph shall remain in effect until such time as a | ||||||
7 | period of 6 consecutive months has elapsed without an | ||||||
8 | additional violation and subsequent conviction of an offense | ||||||
9 | against traffic regulations governing the movement of vehicles | ||||||
10 | or any violation of this Section or Section 12-603.1 of this | ||||||
11 | Code.
| ||||||
12 | (h) It shall be an offense for a person that is age 15, but | ||||||
13 | under age 20, to be a passenger in a vehicle operated by a | ||||||
14 | driver holding a graduated driver's license during the first | ||||||
15 | 12 months the driver holds the license or until the driver | ||||||
16 | reaches the age of 18, whichever occurs sooner, if another | ||||||
17 | passenger under the age of 20 is present, excluding a sibling, | ||||||
18 | step-sibling, child, or step-child of the driver.
| ||||||
19 | (i) No graduated driver's license shall be issued to any | ||||||
20 | applicant under the age of 18 years if the applicant has been | ||||||
21 | issued a traffic citation for which a disposition has not been | ||||||
22 | rendered at the time of application. | ||||||
23 | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; | ||||||
24 | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
| ||||||
25 | (625 ILCS 5/6-408.5)
|
| |||||||
| |||||||
1 | Sec. 6-408.5. Courses for students or high school | ||||||
2 | dropouts; limitation.
| ||||||
3 | (a) No driver training school
or driving training | ||||||
4 | instructor licensed under this Act may request a
certificate | ||||||
5 | of completion from the Secretary of State as provided in | ||||||
6 | Section
6-411 for any person who is enrolled as a
student in | ||||||
7 | any public or non-public secondary school at the time such
| ||||||
8 | instruction is to be provided, or who was so enrolled during | ||||||
9 | the semester last
ended if that instruction is to be provided | ||||||
10 | between semesters or during the
summer after the regular | ||||||
11 | school term ends, unless that student has received a
passing | ||||||
12 | grade in at least 8 courses during the 2 semesters last ending | ||||||
13 | prior to
requesting a certificate of completion from the | ||||||
14 | Secretary of State for the
student.
| ||||||
15 | (b) No driver training school or driving training | ||||||
16 | instructor licensed under
this Act may request a certificate | ||||||
17 | of completion from the Secretary of State as
provided in | ||||||
18 | Section 6-411 for any person who has dropped out of school and | ||||||
19 | has
not yet attained the age of 18 years unless the driver | ||||||
20 | training school or
driving training instructor has: 1) | ||||||
21 | obtained written documentation verifying
the
dropout's | ||||||
22 | enrollment in a high school equivalency testing or alternative | ||||||
23 | education program or has obtained
a copy of the dropout's | ||||||
24 | State of Illinois High School Diploma high school equivalency | ||||||
25 | certificate ; 2) obtained verification that the
student prior | ||||||
26 | to dropping out had received a passing grade in at least 8
|
| |||||||
| |||||||
1 | courses during the 2 previous
semesters last ending prior to | ||||||
2 | requesting a certificate of completion; or 3)
obtained written | ||||||
3 | consent from the dropout's parents or guardians and the
| ||||||
4 | regional superintendent.
| ||||||
5 | (c) Students shall be informed of the
eligibility | ||||||
6 | requirements of this Act
in writing at the time of | ||||||
7 | registration.
| ||||||
8 | (d) The superintendent of schools of the
school district | ||||||
9 | in which the student resides and attends school or in which
the | ||||||
10 | student resides at the time he or she drops out of school (with | ||||||
11 | respect
to a public high school student or a dropout from the | ||||||
12 | public high school)
or the chief school administrator (with
| ||||||
13 | respect to a student who attends a non-public high school or a | ||||||
14 | dropout from a
non-public high school) may waive the | ||||||
15 | requirements of this Section if the superintendent
or chief | ||||||
16 | school administrator, as the case
may be, deems it to be in the | ||||||
17 | best interests of the student or dropout.
Before requesting a | ||||||
18 | certificate of completion from the Secretary of State
for any | ||||||
19 | person who is enrolled
as
a student in any public or non-public | ||||||
20 | secondary school or who was so enrolled
in the semester last | ||||||
21 | ending prior to the request for a certificate of
completion | ||||||
22 | from the Secretary of State or who is of high school age, the | ||||||
23 | driver
training school shall
determine from the school | ||||||
24 | district in which that person resides or resided at
the time of | ||||||
25 | dropping out of school, or from the
chief administrator of the | ||||||
26 | non-public high school attended or last
attended by such |
| |||||||
| |||||||
1 | person, as
the case may be, that such person is not ineligible | ||||||
2 | to receive a certificate
of completion under this Section.
| ||||||
3 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
4 | Section 90. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-6-3, 3-6-8, and 5-8-1.3 as follows:
| ||||||
6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
7 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
8 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
9 | and regulations for awarding and revoking sentence credit for | ||||||
10 | persons committed to the Department which shall
be subject to | ||||||
11 | review by the Prisoner Review Board.
| ||||||
12 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
13 | awarded for the following: | ||||||
14 | (A) successful completion of programming while in | ||||||
15 | custody of the Department or while in custody prior to | ||||||
16 | sentencing; | ||||||
17 | (B) compliance with the rules and regulations of the | ||||||
18 | Department; or | ||||||
19 | (C) service to the institution, service to a | ||||||
20 | community, or service to the State. | ||||||
21 | (2) Except as provided in paragraph (4.7) of this | ||||||
22 | subsection (a), the rules and regulations on sentence credit | ||||||
23 | shall provide, with
respect to offenses listed in clause (i), | ||||||
24 | (ii), or (iii) of this paragraph (2) committed on or after June |
| |||||||
| |||||||
1 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
2 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
3 | effective date of Public Act 94-71) or with
respect to offense | ||||||
4 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
5 | effective date of Public Act 95-625)
or with respect to the | ||||||
6 | offense of being an armed habitual criminal committed on or | ||||||
7 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
8 | or with respect to the offenses listed in clause (v) of this | ||||||
9 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
10 | effective date of Public Act 95-134) or with respect to the | ||||||
11 | offense of aggravated domestic battery committed on or after | ||||||
12 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
13 | with respect to the offense of attempt to commit terrorism | ||||||
14 | committed on or after January 1, 2013 (the effective date of | ||||||
15 | Public Act 97-990), the following:
| ||||||
16 | (i) that a prisoner who is serving a term of | ||||||
17 | imprisonment for first
degree murder or for the offense of | ||||||
18 | terrorism shall receive no sentence
credit and shall serve | ||||||
19 | the entire
sentence imposed by the court;
| ||||||
20 | (ii) that a prisoner serving a sentence for attempt to | ||||||
21 | commit terrorism, attempt to commit first
degree murder, | ||||||
22 | solicitation of murder, solicitation of murder for hire,
| ||||||
23 | intentional homicide of an unborn child, predatory | ||||||
24 | criminal sexual assault of a
child, aggravated criminal | ||||||
25 | sexual assault, criminal sexual assault, aggravated
| ||||||
26 | kidnapping, aggravated battery with a firearm as described |
| |||||||
| |||||||
1 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
2 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
3 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
4 | 12-3.05, being an armed habitual criminal, aggravated
| ||||||
5 | battery of a senior citizen as described in Section 12-4.6 | ||||||
6 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
7 | battery of a child as described in Section 12-4.3 or | ||||||
8 | subdivision (b)(1) of Section 12-3.05 shall receive no
| ||||||
9 | more than 4.5 days of sentence credit for each month of his | ||||||
10 | or her sentence
of imprisonment;
| ||||||
11 | (iii) that a prisoner serving a sentence
for home | ||||||
12 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
13 | aggravated discharge of a firearm, or armed violence with | ||||||
14 | a category I weapon
or category II weapon, when the court
| ||||||
15 | has made and entered a finding, pursuant to subsection | ||||||
16 | (c-1) of Section 5-4-1
of this Code, that the conduct | ||||||
17 | leading to conviction for the enumerated offense
resulted | ||||||
18 | in great bodily harm to a victim, shall receive no more | ||||||
19 | than 4.5 days
of sentence credit for each month of his or | ||||||
20 | her sentence of imprisonment;
| ||||||
21 | (iv) that a prisoner serving a sentence for aggravated | ||||||
22 | discharge of a firearm, whether or not the conduct leading | ||||||
23 | to conviction for the offense resulted in great bodily | ||||||
24 | harm to the victim, shall receive no more than 4.5 days of | ||||||
25 | sentence credit for each month of his or her sentence of | ||||||
26 | imprisonment;
|
| |||||||
| |||||||
1 | (v) that a person serving a sentence for gunrunning, | ||||||
2 | narcotics racketeering, controlled substance trafficking, | ||||||
3 | methamphetamine trafficking, drug-induced homicide, | ||||||
4 | aggravated methamphetamine-related child endangerment, | ||||||
5 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
6 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012, or a Class X felony conviction for delivery | ||||||
8 | of a controlled substance, possession of a controlled | ||||||
9 | substance with intent to manufacture or deliver, | ||||||
10 | calculated criminal drug conspiracy, criminal drug | ||||||
11 | conspiracy, street gang criminal drug conspiracy, | ||||||
12 | participation in methamphetamine manufacturing, | ||||||
13 | aggravated participation in methamphetamine | ||||||
14 | manufacturing, delivery of methamphetamine, possession | ||||||
15 | with intent to deliver methamphetamine, aggravated | ||||||
16 | delivery of methamphetamine, aggravated possession with | ||||||
17 | intent to deliver methamphetamine, methamphetamine | ||||||
18 | conspiracy when the substance containing the controlled | ||||||
19 | substance or methamphetamine is 100 grams or more shall | ||||||
20 | receive no more than 7.5 days sentence credit for each | ||||||
21 | month of his or her sentence of imprisonment;
| ||||||
22 | (vi)
that a prisoner serving a sentence for a second | ||||||
23 | or subsequent offense of luring a minor shall receive no | ||||||
24 | more than 4.5 days of sentence credit for each month of his | ||||||
25 | or her sentence of imprisonment; and
| ||||||
26 | (vii) that a prisoner serving a sentence for |
| |||||||
| |||||||
1 | aggravated domestic battery shall receive no more than 4.5 | ||||||
2 | days of sentence credit for each month of his or her | ||||||
3 | sentence of imprisonment. | ||||||
4 | (2.1) For all offenses, other than those enumerated in | ||||||
5 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
6 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
7 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
8 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
9 | (the effective date of Public Act 95-134)
or subdivision | ||||||
10 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
11 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
12 | committed on or after July 23, 2010 (the effective date of | ||||||
13 | Public Act 96-1224), and other than the offense of aggravated | ||||||
14 | driving under the influence of alcohol, other drug or drugs, | ||||||
15 | or
intoxicating compound or compounds, or any combination | ||||||
16 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
17 | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | ||||||
18 | and other than the offense of aggravated driving under the | ||||||
19 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
20 | compound or compounds, or any combination
thereof as defined | ||||||
21 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
22 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
23 | after January 1, 2011 (the effective date of Public Act | ||||||
24 | 96-1230),
the rules and regulations shall
provide that a | ||||||
25 | prisoner who is serving a term of
imprisonment shall receive | ||||||
26 | one day of sentence credit for each day of
his or her sentence |
| |||||||
| |||||||
1 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
2 | of sentence credit shall reduce by one day the prisoner's | ||||||
3 | period
of imprisonment or recommitment under Section 3-3-9.
| ||||||
4 | (2.2) A prisoner serving a term of natural life | ||||||
5 | imprisonment or a
prisoner who has been sentenced to death | ||||||
6 | shall receive no sentence
credit.
| ||||||
7 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
8 | subsection (a), the rules and regulations on sentence credit | ||||||
9 | shall provide that
a prisoner who is serving a sentence for | ||||||
10 | aggravated driving under the influence of alcohol,
other drug | ||||||
11 | or drugs, or intoxicating compound or compounds, or any | ||||||
12 | combination
thereof as defined in subparagraph (F) of | ||||||
13 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
14 | Illinois Vehicle Code, shall receive no more than 4.5
days of | ||||||
15 | sentence credit for each month of his or her sentence of
| ||||||
16 | imprisonment.
| ||||||
17 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
18 | subsection (a), the rules and regulations on sentence credit | ||||||
19 | shall provide with
respect to the offenses of aggravated | ||||||
20 | battery with a machine gun or a firearm
equipped with any | ||||||
21 | device or attachment designed or used for silencing the
report | ||||||
22 | of a firearm or aggravated discharge of a machine gun or a | ||||||
23 | firearm
equipped with any device or attachment designed or | ||||||
24 | used for silencing the
report of a firearm, committed on or | ||||||
25 | after
July 15, 1999 (the effective date of Public Act 91-121),
| ||||||
26 | that a prisoner serving a sentence for any of these offenses |
| |||||||
| |||||||
1 | shall receive no
more than 4.5 days of sentence credit for each | ||||||
2 | month of his or her sentence
of imprisonment.
| ||||||
3 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations on sentence credit | ||||||
5 | shall provide that a
prisoner who is serving a sentence for | ||||||
6 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
7 | effective date of Public Act 92-176) shall receive no more | ||||||
8 | than
4.5 days of sentence credit for each month of his or her | ||||||
9 | sentence of
imprisonment.
| ||||||
10 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
11 | subsection (a), the rules and regulations on sentence credit | ||||||
12 | shall provide that a
prisoner who is serving a sentence for | ||||||
13 | aggravated driving under the influence of alcohol,
other drug | ||||||
14 | or drugs, or intoxicating compound or compounds or any | ||||||
15 | combination
thereof as defined in subparagraph (C) of | ||||||
16 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
17 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
18 | (the effective date of Public Act 96-1230) shall receive no | ||||||
19 | more than 4.5
days of sentence credit for each month of his or | ||||||
20 | her sentence of
imprisonment. | ||||||
21 | (3) In addition to the sentence credits earned under | ||||||
22 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
23 | subsection (a), the rules and regulations shall also provide | ||||||
24 | that
the Director may award up to 180 days of earned sentence
| ||||||
25 | credit for prisoners serving a sentence of incarceration of | ||||||
26 | less than 5 years, and up to 365 days of earned sentence credit |
| |||||||
| |||||||
1 | for prisoners serving a sentence of 5 years or longer. The | ||||||
2 | Director may grant this credit for good conduct in specific | ||||||
3 | instances as the
Director deems proper. The good conduct may | ||||||
4 | include, but is not limited to, compliance with the rules and | ||||||
5 | regulations of the Department, service to the Department, | ||||||
6 | service to a community, or service to the State.
| ||||||
7 | Eligible inmates for an award of earned sentence credit | ||||||
8 | under
this paragraph (3) may be selected to receive the credit | ||||||
9 | at
the Director's or his or her designee's sole discretion.
| ||||||
10 | Eligibility for the additional earned sentence credit under | ||||||
11 | this paragraph (3) may be based on, but is not limited to, | ||||||
12 | participation in programming offered by the Department as | ||||||
13 | appropriate for the prisoner based on the results of any | ||||||
14 | available risk/needs assessment or other relevant assessments | ||||||
15 | or evaluations administered by the Department using a | ||||||
16 | validated instrument, the circumstances of the crime, | ||||||
17 | demonstrated commitment to rehabilitation by a prisoner with a | ||||||
18 | history of conviction for a forcible felony enumerated in | ||||||
19 | Section 2-8 of the Criminal Code of 2012, the inmate's | ||||||
20 | behavior and improvements in disciplinary history while | ||||||
21 | incarcerated, and the inmate's commitment to rehabilitation, | ||||||
22 | including participation in programming offered by the | ||||||
23 | Department. | ||||||
24 | The Director shall not award sentence credit under this | ||||||
25 | paragraph (3) to an inmate unless the inmate has served a | ||||||
26 | minimum of 60 days of the sentence; except nothing in this |
| |||||||
| |||||||
1 | paragraph shall be construed to permit the Director to extend | ||||||
2 | an inmate's sentence beyond that which was imposed by the | ||||||
3 | court. Prior to awarding credit under this paragraph (3), the | ||||||
4 | Director shall make a written determination that the inmate: | ||||||
5 | (A) is eligible for the earned sentence credit; | ||||||
6 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
7 | days as the sentence will allow; | ||||||
8 | (B-1) has received a risk/needs assessment or other | ||||||
9 | relevant evaluation or assessment administered by the | ||||||
10 | Department using a validated instrument; and | ||||||
11 | (C) has met the eligibility criteria established by | ||||||
12 | rule for earned sentence credit. | ||||||
13 | The Director shall determine the form and content of the | ||||||
14 | written determination required in this subsection. | ||||||
15 | (3.5) The Department shall provide annual written reports | ||||||
16 | to the Governor and the General Assembly on the award of earned | ||||||
17 | sentence credit no later than February 1 of each year. The | ||||||
18 | Department must publish both reports on its website within 48 | ||||||
19 | hours of transmitting the reports to the Governor and the | ||||||
20 | General Assembly. The reports must include: | ||||||
21 | (A) the number of inmates awarded earned sentence | ||||||
22 | credit; | ||||||
23 | (B) the average amount of earned sentence credit | ||||||
24 | awarded; | ||||||
25 | (C) the holding offenses of inmates awarded earned | ||||||
26 | sentence credit; and |
| |||||||
| |||||||
1 | (D) the number of earned sentence credit revocations. | ||||||
2 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
3 | subsection (a), the rules and regulations shall also provide | ||||||
4 | that any prisoner who is engaged full-time in substance abuse | ||||||
5 | programs, correctional
industry assignments, educational | ||||||
6 | programs, work-release programs or activities in accordance | ||||||
7 | with Article 13 of Chapter III of this Code, behavior | ||||||
8 | modification programs, life skills courses, or re-entry | ||||||
9 | planning provided by the Department
under this paragraph (4) | ||||||
10 | and satisfactorily completes the assigned program as
| ||||||
11 | determined by the standards of the Department, shall receive | ||||||
12 | one day of sentence credit for each day in which that prisoner | ||||||
13 | is engaged in the activities described in this paragraph.
The | ||||||
14 | rules and regulations shall also provide that sentence credit | ||||||
15 | may be provided to an inmate who was held in pre-trial | ||||||
16 | detention prior to his or her current commitment to the | ||||||
17 | Department of Corrections and successfully completed a | ||||||
18 | full-time, 60-day or longer substance abuse program, | ||||||
19 | educational program, behavior modification program, life | ||||||
20 | skills course, or re-entry planning provided by the county | ||||||
21 | department of corrections or county jail. Calculation of this | ||||||
22 | county program credit shall be done at sentencing as provided | ||||||
23 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
24 | sentencing order. The rules and regulations shall also provide | ||||||
25 | that sentence credit may be provided to an inmate who is in | ||||||
26 | compliance with programming requirements in an adult |
| |||||||
| |||||||
1 | transition center.
| ||||||
2 | (B) The Department shall award sentence credit under this | ||||||
3 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
4 | effective date of Public Act 101-440) in an amount specified | ||||||
5 | in subparagraph (C) of this paragraph (4) to an inmate serving | ||||||
6 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
7 | the Department determines that the inmate is entitled to this | ||||||
8 | sentence credit, based upon: | ||||||
9 | (i) documentation provided by the Department that the | ||||||
10 | inmate engaged in any full-time substance abuse programs, | ||||||
11 | correctional industry assignments, educational programs, | ||||||
12 | behavior modification programs, life skills courses, or | ||||||
13 | re-entry planning provided by the Department under this | ||||||
14 | paragraph (4) and satisfactorily completed the assigned | ||||||
15 | program as determined by the standards of the Department | ||||||
16 | during the inmate's current term of incarceration; or | ||||||
17 | (ii) the inmate's own testimony in the form of an | ||||||
18 | affidavit or documentation, or a third party's | ||||||
19 | documentation or testimony in the form of an affidavit | ||||||
20 | that the inmate likely engaged in any full-time substance | ||||||
21 | abuse programs, correctional industry assignments, | ||||||
22 | educational programs, behavior modification programs, life | ||||||
23 | skills courses, or re-entry planning provided by the | ||||||
24 | Department under paragraph (4) and satisfactorily | ||||||
25 | completed the assigned program as determined by the | ||||||
26 | standards of the Department during the inmate's current |
| |||||||
| |||||||
1 | term of incarceration. | ||||||
2 | (C) If the inmate can provide documentation that he or she | ||||||
3 | is entitled to sentence credit under subparagraph (B) in | ||||||
4 | excess of 45 days of participation in those programs, the | ||||||
5 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
6 | cannot provide documentation of more than 45 days of | ||||||
7 | participation in those programs, the inmate shall receive 45 | ||||||
8 | days of sentence credit. In the event of a disagreement | ||||||
9 | between the Department and the inmate as to the amount of | ||||||
10 | credit accumulated under subparagraph (B), if the Department | ||||||
11 | provides documented proof of a lesser amount of days of | ||||||
12 | participation in those programs, that proof shall control. If | ||||||
13 | the Department provides no documentary proof, the inmate's | ||||||
14 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
15 | control as to the amount of sentence credit provided. | ||||||
16 | (D) If the inmate has been convicted of a sex offense as | ||||||
17 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
18 | sentencing credits under subparagraph (B) of this paragraph | ||||||
19 | (4) shall be awarded by the Department only if the conditions | ||||||
20 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
21 | No inmate serving a term of natural life imprisonment shall | ||||||
22 | receive sentence credit under subparagraph (B) of this | ||||||
23 | paragraph (4). | ||||||
24 | Educational, vocational, substance abuse, behavior | ||||||
25 | modification programs, life skills courses, re-entry planning, | ||||||
26 | and correctional
industry programs under which sentence credit |
| |||||||
| |||||||
1 | may be earned under
this paragraph (4) and paragraph (4.1) of | ||||||
2 | this subsection (a) shall be evaluated by the Department on | ||||||
3 | the basis of
documented standards. The Department shall report | ||||||
4 | the results of these
evaluations to the Governor and the | ||||||
5 | General Assembly by September 30th of each
year. The reports | ||||||
6 | shall include data relating to the recidivism rate among
| ||||||
7 | program participants.
| ||||||
8 | Availability of these programs shall be subject to the
| ||||||
9 | limits of fiscal resources appropriated by the General | ||||||
10 | Assembly for these
purposes. Eligible inmates who are denied | ||||||
11 | immediate admission shall be
placed on a waiting list under | ||||||
12 | criteria established by the Department. The rules and | ||||||
13 | regulations shall provide that a prisoner who has been placed | ||||||
14 | on a waiting list but is transferred for non-disciplinary | ||||||
15 | reasons before beginning a program shall receive priority | ||||||
16 | placement on the waitlist for appropriate programs at the new | ||||||
17 | facility.
The inability of any inmate to become engaged in any | ||||||
18 | such programs
by reason of insufficient program resources or | ||||||
19 | for any other reason
established under the rules and | ||||||
20 | regulations of the Department shall not be
deemed a cause of | ||||||
21 | action under which the Department or any employee or
agent of | ||||||
22 | the Department shall be liable for damages to the inmate. The | ||||||
23 | rules and regulations shall provide that a prisoner who begins | ||||||
24 | an educational, vocational, substance abuse, work-release | ||||||
25 | programs or activities in accordance with Article 13 of | ||||||
26 | Chapter III of this Code, behavior modification program, life |
| |||||||
| |||||||
1 | skills course, re-entry planning, or correctional industry | ||||||
2 | programs but is unable to complete the program due to illness, | ||||||
3 | disability, transfer, lockdown, or another reason outside of | ||||||
4 | the prisoner's control shall receive prorated sentence credits | ||||||
5 | for the days in which the prisoner did participate.
| ||||||
6 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
7 | subsection (a), the rules and regulations shall also provide | ||||||
8 | that an additional 90 days of sentence credit shall be awarded | ||||||
9 | to any prisoner who passes high school equivalency testing | ||||||
10 | while the prisoner is committed to the Department of | ||||||
11 | Corrections. The sentence credit awarded under this paragraph | ||||||
12 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
13 | of sentence credit under any other paragraph of this Section, | ||||||
14 | but shall also be pursuant to the guidelines and restrictions | ||||||
15 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
16 | The sentence credit provided for in this paragraph shall be | ||||||
17 | available only to those prisoners who have not previously | ||||||
18 | earned a high school diploma or a State of Illinois High School | ||||||
19 | Diploma high school equivalency certificate . If, after an | ||||||
20 | award of the high school equivalency testing sentence credit | ||||||
21 | has been made, the Department determines that the prisoner was | ||||||
22 | not eligible, then the award shall be revoked.
The Department | ||||||
23 | may also award 90 days of sentence credit to any committed | ||||||
24 | person who passed high school equivalency testing while he or | ||||||
25 | she was held in pre-trial detention prior to the current | ||||||
26 | commitment to the Department of Corrections. Except as |
| |||||||
| |||||||
1 | provided in paragraph (4.7) of this subsection (a), the rules | ||||||
2 | and regulations shall provide that an additional 120 days of | ||||||
3 | sentence credit shall be awarded to any prisoner who obtains | ||||||
4 | an associate degree while the prisoner is committed to the | ||||||
5 | Department of Corrections, regardless of the date that the | ||||||
6 | associate degree was obtained, including if prior to July 1, | ||||||
7 | 2021 (the effective date of Public Act 101-652). The sentence | ||||||
8 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
9 | to, and shall not affect, the award of sentence credit under | ||||||
10 | any other paragraph of this Section, but shall also be under | ||||||
11 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
12 | subsection (a) of this Section. The sentence credit provided | ||||||
13 | for in this paragraph (4.1) shall be available only to those | ||||||
14 | prisoners who have not previously earned an associate degree | ||||||
15 | prior to the current commitment to the Department of | ||||||
16 | Corrections. If, after an award of the associate degree | ||||||
17 | sentence credit has been made and the Department determines | ||||||
18 | that the prisoner was not eligible, then the award shall be | ||||||
19 | revoked. The Department may also award 120 days of sentence | ||||||
20 | credit to any committed person who earned an associate degree | ||||||
21 | while he or she was held in pre-trial detention prior to the | ||||||
22 | current commitment to the Department of Corrections. | ||||||
23 | Except as provided in paragraph (4.7) of this subsection | ||||||
24 | (a), the rules and regulations shall provide that an | ||||||
25 | additional 180 days of sentence credit shall be awarded to any | ||||||
26 | prisoner who obtains a bachelor's degree while the prisoner is |
| |||||||
| |||||||
1 | committed to the Department of Corrections. The sentence | ||||||
2 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
3 | to, and shall not affect, the award of sentence credit under | ||||||
4 | any other paragraph of this Section, but shall also be under | ||||||
5 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
6 | this subsection (a). The sentence credit provided for in this | ||||||
7 | paragraph shall be available only to those prisoners who have | ||||||
8 | not earned a bachelor's degree prior to the current commitment | ||||||
9 | to the Department of Corrections. If, after an award of the | ||||||
10 | bachelor's degree sentence credit has been made, the | ||||||
11 | Department determines that the prisoner was not eligible, then | ||||||
12 | the award shall be revoked. The Department may also award 180 | ||||||
13 | days of sentence credit to any committed person who earned a | ||||||
14 | bachelor's degree while he or she was held in pre-trial | ||||||
15 | detention prior to the current commitment to the Department of | ||||||
16 | Corrections. | ||||||
17 | Except as provided in paragraph (4.7) of this subsection | ||||||
18 | (a), the rules and regulations shall provide that an | ||||||
19 | additional 180 days of sentence credit shall be awarded to any | ||||||
20 | prisoner who obtains a master's or professional degree while | ||||||
21 | the prisoner is committed to the Department of Corrections. | ||||||
22 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
23 | be in addition to, and shall not affect, the award of sentence | ||||||
24 | credit under any other paragraph of this Section, but shall | ||||||
25 | also be under the guidelines and restrictions set forth in | ||||||
26 | paragraph (4) of this subsection (a). The sentence credit |
| |||||||
| |||||||
1 | provided for in this paragraph shall be available only to | ||||||
2 | those prisoners who have not previously earned a master's or | ||||||
3 | professional degree prior to the current commitment to the | ||||||
4 | Department of Corrections. If, after an award of the master's | ||||||
5 | or professional degree sentence credit has been made, the | ||||||
6 | Department determines that the prisoner was not eligible, then | ||||||
7 | the award shall be revoked. The Department may also award 180 | ||||||
8 | days of sentence credit to any committed person who earned a | ||||||
9 | master's or professional degree while he or she was held in | ||||||
10 | pre-trial detention prior to the current commitment to the | ||||||
11 | Department of Corrections. | ||||||
12 | (4.2) The rules and regulations shall also provide that | ||||||
13 | any prisoner engaged in self-improvement programs, volunteer | ||||||
14 | work, or work assignments that are not otherwise eligible | ||||||
15 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
16 | of sentence credit for each day in which the prisoner is | ||||||
17 | engaged in activities described in this paragraph. | ||||||
18 | (4.5) The rules and regulations on sentence credit shall | ||||||
19 | also provide that
when the court's sentencing order recommends | ||||||
20 | a prisoner for substance abuse treatment and the
crime was | ||||||
21 | committed on or after September 1, 2003 (the effective date of
| ||||||
22 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
23 | credit awarded under clause (3) of this subsection (a) unless | ||||||
24 | he or she participates in and
completes a substance abuse | ||||||
25 | treatment program. The Director may waive the requirement to | ||||||
26 | participate in or complete a substance abuse treatment program |
| |||||||
| |||||||
1 | in specific instances if the prisoner is not a good candidate | ||||||
2 | for a substance abuse treatment program for medical, | ||||||
3 | programming, or operational reasons. Availability of
substance | ||||||
4 | abuse treatment shall be subject to the limits of fiscal | ||||||
5 | resources
appropriated by the General Assembly for these | ||||||
6 | purposes. If treatment is not
available and the requirement to | ||||||
7 | participate and complete the treatment has not been waived by | ||||||
8 | the Director, the prisoner shall be placed on a waiting list | ||||||
9 | under criteria
established by the Department. The Director may | ||||||
10 | allow a prisoner placed on
a waiting list to participate in and | ||||||
11 | complete a substance abuse education class or attend substance
| ||||||
12 | abuse self-help meetings in lieu of a substance abuse | ||||||
13 | treatment program. A prisoner on a waiting list who is not | ||||||
14 | placed in a substance abuse program prior to release may be | ||||||
15 | eligible for a waiver and receive sentence credit under clause | ||||||
16 | (3) of this subsection (a) at the discretion of the Director.
| ||||||
17 | (4.6) The rules and regulations on sentence credit shall | ||||||
18 | also provide that a prisoner who has been convicted of a sex | ||||||
19 | offense as defined in Section 2 of the Sex Offender | ||||||
20 | Registration Act shall receive no sentence credit unless he or | ||||||
21 | she either has successfully completed or is participating in | ||||||
22 | sex offender treatment as defined by the Sex Offender | ||||||
23 | Management Board. However, prisoners who are waiting to | ||||||
24 | receive treatment, but who are unable to do so due solely to | ||||||
25 | the lack of resources on the part of the Department, may, at | ||||||
26 | the Director's sole discretion, be awarded sentence credit at |
| |||||||
| |||||||
1 | a rate as the Director shall determine. | ||||||
2 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
3 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
4 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
5 | who is serving a sentence for an offense described in | ||||||
6 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
7 | on or after January 1, 2018 (the effective date of Public Act | ||||||
8 | 100-3); provided, the award of the credits under this | ||||||
9 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
10 | to less than the following amounts: | ||||||
11 | (i) 85% of his or her sentence if the prisoner is | ||||||
12 | required to serve 85% of his or her sentence; or | ||||||
13 | (ii) 60% of his or her sentence if the prisoner is | ||||||
14 | required to serve 75% of his or her sentence, except if the | ||||||
15 | prisoner is serving a sentence for gunrunning his or her | ||||||
16 | sentence shall not be reduced to less than 75%. | ||||||
17 | (iii) 100% of his or her sentence if the prisoner is | ||||||
18 | required to serve 100% of his or her sentence. | ||||||
19 | (5) Whenever the Department is to release any inmate | ||||||
20 | earlier than it
otherwise would because of a grant of earned | ||||||
21 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
22 | Section given at any time during the term, the Department | ||||||
23 | shall give
reasonable notice of the impending release not less | ||||||
24 | than 14 days prior to the date of the release to the State's
| ||||||
25 | Attorney of the county where the prosecution of the inmate | ||||||
26 | took place, and if applicable, the State's Attorney of the |
| |||||||
| |||||||
1 | county into which the inmate will be released. The Department | ||||||
2 | must also make identification information and a recent photo | ||||||
3 | of the inmate being released accessible on the Internet by | ||||||
4 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
5 | Early Release" on the Department's World Wide Web homepage.
| ||||||
6 | The identification information shall include the inmate's: | ||||||
7 | name, any known alias, date of birth, physical | ||||||
8 | characteristics, commitment offense, and county where | ||||||
9 | conviction was imposed. The identification information shall | ||||||
10 | be placed on the website within 3 days of the inmate's release | ||||||
11 | and the information may not be removed until either: | ||||||
12 | completion of the first year of mandatory supervised release | ||||||
13 | or return of the inmate to custody of the Department.
| ||||||
14 | (b) Whenever a person is or has been committed under
| ||||||
15 | several convictions, with separate sentences, the sentences
| ||||||
16 | shall be construed under Section 5-8-4 in granting and
| ||||||
17 | forfeiting of sentence credit.
| ||||||
18 | (c) (1) The Department shall prescribe rules and | ||||||
19 | regulations
for revoking sentence credit, including revoking | ||||||
20 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
21 | of this Section. The Department shall prescribe rules and | ||||||
22 | regulations establishing and requiring the use of a sanctions | ||||||
23 | matrix for revoking sentence credit. The Department shall | ||||||
24 | prescribe rules and regulations for suspending or reducing
the | ||||||
25 | rate of accumulation of sentence credit for specific
rule | ||||||
26 | violations, during imprisonment. These rules and regulations
|
| |||||||
| |||||||
1 | shall provide that no inmate may be penalized more than one
| ||||||
2 | year of sentence credit for any one infraction.
| ||||||
3 | (2) When the Department seeks to revoke, suspend, or | ||||||
4 | reduce
the rate of accumulation of any sentence credits for
an | ||||||
5 | alleged infraction of its rules, it shall bring charges
| ||||||
6 | therefor against the prisoner sought to be so deprived of
| ||||||
7 | sentence credits before the Prisoner Review Board as
provided | ||||||
8 | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
9 | amount of credit at issue exceeds 30 days, whether from one | ||||||
10 | infraction or cumulatively from multiple infractions arising | ||||||
11 | out of a single event, or
when, during any 12-month period, the | ||||||
12 | cumulative amount of
credit revoked exceeds 30 days except | ||||||
13 | where the infraction is committed
or discovered within 60 days | ||||||
14 | of scheduled release. In those cases,
the Department of | ||||||
15 | Corrections may revoke up to 30 days of sentence credit.
The | ||||||
16 | Board may subsequently approve the revocation of additional | ||||||
17 | sentence credit, if the Department seeks to revoke sentence | ||||||
18 | credit in
excess of 30 days. However, the Board shall not be | ||||||
19 | empowered to review the
Department's decision with respect to | ||||||
20 | the loss of 30 days of sentence
credit within any calendar year | ||||||
21 | for any prisoner or to increase any penalty
beyond the length | ||||||
22 | requested by the Department.
| ||||||
23 | (3) The Director of the Department of Corrections, in | ||||||
24 | appropriate cases, may
restore sentence credits which have | ||||||
25 | been revoked, suspended,
or reduced. The Department shall | ||||||
26 | prescribe rules and regulations governing the restoration of |
| |||||||
| |||||||
1 | sentence credits. These rules and regulations shall provide | ||||||
2 | for the automatic restoration of sentence credits following a | ||||||
3 | period in which the prisoner maintains a record without a | ||||||
4 | disciplinary violation.
| ||||||
5 | Nothing contained in this Section shall prohibit the | ||||||
6 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
7 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
8 | sentence imposed by the court that was not served due to the
| ||||||
9 | accumulation of sentence credit.
| ||||||
10 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
11 | federal court
against the State, the Department of | ||||||
12 | Corrections, or the Prisoner Review Board,
or against any of
| ||||||
13 | their officers or employees, and the court makes a specific | ||||||
14 | finding that a
pleading, motion, or other paper filed by the | ||||||
15 | prisoner is frivolous, the
Department of Corrections shall | ||||||
16 | conduct a hearing to revoke up to
180 days of sentence credit | ||||||
17 | by bringing charges against the prisoner
sought to be deprived | ||||||
18 | of the sentence credits before the Prisoner Review
Board as | ||||||
19 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
20 | If the prisoner has not accumulated 180 days of sentence | ||||||
21 | credit at the
time of the finding, then the Prisoner Review | ||||||
22 | Board may revoke all
sentence credit accumulated by the | ||||||
23 | prisoner.
| ||||||
24 | For purposes of this subsection (d):
| ||||||
25 | (1) "Frivolous" means that a pleading, motion, or | ||||||
26 | other filing which
purports to be a legal document filed |
| |||||||
| |||||||
1 | by a prisoner in his or her lawsuit meets
any or all of the | ||||||
2 | following criteria:
| ||||||
3 | (A) it lacks an arguable basis either in law or in | ||||||
4 | fact;
| ||||||
5 | (B) it is being presented for any improper | ||||||
6 | purpose, such as to harass or
to cause unnecessary | ||||||
7 | delay or needless increase in the cost of litigation;
| ||||||
8 | (C) the claims, defenses, and other legal | ||||||
9 | contentions therein are not
warranted by existing law | ||||||
10 | or by a nonfrivolous argument for the extension,
| ||||||
11 | modification, or reversal of existing law or the | ||||||
12 | establishment of new law;
| ||||||
13 | (D) the allegations and other factual contentions | ||||||
14 | do not have
evidentiary
support or, if specifically so | ||||||
15 | identified, are not likely to have evidentiary
support | ||||||
16 | after a reasonable opportunity for further | ||||||
17 | investigation or discovery;
or
| ||||||
18 | (E) the denials of factual contentions are not | ||||||
19 | warranted on the
evidence, or if specifically so | ||||||
20 | identified, are not reasonably based on a lack
of | ||||||
21 | information or belief.
| ||||||
22 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
23 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
24 | action under
Article X of the Code of Civil Procedure or | ||||||
25 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
26 | under the Court of Claims Act, an action under the
federal |
| |||||||
| |||||||
1 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
2 | subsequent petition for post-conviction relief under | ||||||
3 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
4 | whether filed with or without leave of court or a second or | ||||||
5 | subsequent petition for relief from judgment under Section | ||||||
6 | 2-1401 of the Code of Civil Procedure.
| ||||||
7 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
8 | validity of Public Act 89-404.
| ||||||
9 | (f) Whenever the Department is to release any inmate who | ||||||
10 | has been convicted of a violation of an order of protection | ||||||
11 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
13 | because of a grant of sentence credit, the Department, as a | ||||||
14 | condition of release, shall require that the person, upon | ||||||
15 | release, be placed under electronic surveillance as provided | ||||||
16 | in Section 5-8A-7 of this Code. | ||||||
17 | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
18 | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
| ||||||
19 | (730 ILCS 5/3-6-8) | ||||||
20 | Sec. 3-6-8. High school equivalency testing programs. The | ||||||
21 | Department of Corrections shall develop and establish a | ||||||
22 | program in the Adult Division designed to increase the number | ||||||
23 | of committed persons enrolled in programs for high school | ||||||
24 | equivalency testing and pursuing State of Illinois High School | ||||||
25 | Diplomas high school equivalency certificates by at least 100% |
| |||||||
| |||||||
1 | over the 4-year period following the effective date of this | ||||||
2 | amendatory Act of the 94th General Assembly. Pursuant to the | ||||||
3 | program, each adult institution and facility shall report | ||||||
4 | annually to the Director of Corrections on the number of | ||||||
5 | committed persons enrolled in high school equivalency testing | ||||||
6 | programs and those who pass high school equivalency testing, | ||||||
7 | and the number of committed persons in the Adult Division who | ||||||
8 | are on waiting lists for participation in the high school | ||||||
9 | equivalency testing programs.
| ||||||
10 | (Source: P.A. 98-718, eff. 1-1-15 .)
| ||||||
11 | (730 ILCS 5/5-8-1.3)
| ||||||
12 | Sec. 5-8-1.3. Pilot residential and transition treatment | ||||||
13 | program for women.
| ||||||
14 | (a) The General Assembly recognizes:
| ||||||
15 | (1) that drug-offending women with children who have | ||||||
16 | been in and out of
the criminal justice system for years | ||||||
17 | are a serious problem;
| ||||||
18 | (2) that the intergenerational cycle of women | ||||||
19 | continuously
being part of the criminal justice system | ||||||
20 | needs to be broken;
| ||||||
21 | (3) that the effects of drug offending women with | ||||||
22 | children
disrupts family harmony and creates an atmosphere | ||||||
23 | that is
not conducive to healthy childhood development;
| ||||||
24 | (4) that there is a need for an effective residential
| ||||||
25 | community supervision model to provide help to women to
|
| |||||||
| |||||||
1 | become drug free, recover from trauma, focus on healthy
| ||||||
2 | mother-child relationships, and establish economic
| ||||||
3 | independence and long-term support;
| ||||||
4 | (5) that certain non-violent women offenders with | ||||||
5 | children
eligible for sentences of incarceration, may | ||||||
6 | benefit from
the rehabilitative aspects of gender | ||||||
7 | responsive
treatment programs and services. This Section | ||||||
8 | shall
not be construed to allow violent offenders to
| ||||||
9 | participate in a treatment program.
| ||||||
10 | (b) Under the direction of the sheriff and with the | ||||||
11 | approval of
the county board of commissioners, the sheriff, in | ||||||
12 | any county with more
than 3,000,000 inhabitants, may operate a | ||||||
13 | residential and
transition treatment program for women | ||||||
14 | established by the Illinois Department
of Corrections if | ||||||
15 | funding has been provided by federal, local or private
| ||||||
16 | entities. If the court finds during the
sentencing hearing | ||||||
17 | conducted under Section 5-4-1 that a woman convicted
of a | ||||||
18 | felony meets the eligibility requirements of the sheriff's
| ||||||
19 | residential and transition treatment program for women, the | ||||||
20 | court may
refer the offender to the sheriff's residential and | ||||||
21 | transition
treatment program for women for consideration as a | ||||||
22 | participant as an
alternative to incarceration in the | ||||||
23 | penitentiary. The sheriff shall be
responsible for supervising | ||||||
24 | all women who are placed in the residential
and transition | ||||||
25 | treatment program for women for the 12-month period. In
the | ||||||
26 | event that the woman is not accepted for placement in the |
| |||||||
| |||||||
1 | sheriff's
residential and transition treatment program for | ||||||
2 | women, the court shall
proceed to sentence the woman to any | ||||||
3 | other disposition authorized by
this Code. If the woman does | ||||||
4 | not successfully complete the residential
and transition | ||||||
5 | treatment program for women, the woman's failure to do
so | ||||||
6 | shall constitute a violation of the sentence to the | ||||||
7 | residential and
transition treatment program for women.
| ||||||
8 | (c) In order to be eligible to be a participant in the | ||||||
9 | pilot
residential and transition treatment program for women, | ||||||
10 | the participant
shall meet all of the following conditions:
| ||||||
11 | (1) The woman has not been convicted of a violent | ||||||
12 | crime as
defined in subsection (c) of Section 3 of the | ||||||
13 | Rights of Crime
Victims and Witnesses Act, a Class X | ||||||
14 | felony, first or second
degree murder, armed violence, | ||||||
15 | aggravated kidnapping,
criminal sexual assault, aggravated | ||||||
16 | criminal sexual
abuse or a subsequent conviction for | ||||||
17 | criminal sexual abuse,
forcible detention, or arson and | ||||||
18 | has not been previously
convicted of any of those | ||||||
19 | offenses.
| ||||||
20 | (2) The woman must undergo an initial assessment | ||||||
21 | evaluation
to determine the treatment and program plan.
| ||||||
22 | (3) The woman was recommended and accepted for | ||||||
23 | placement in
the pilot residential and transition | ||||||
24 | treatment program for
women by the Department of | ||||||
25 | Corrections and has consented in writing to
participation | ||||||
26 | in the program under the terms and conditions
of the |
| |||||||
| |||||||
1 | program. The Department of Corrections may consider | ||||||
2 | whether space is
available.
| ||||||
3 | (d) The program may include a substance abuse treatment | ||||||
4 | program
designed for women offenders, mental health, trauma, | ||||||
5 | and medical
treatment; parenting skills and family | ||||||
6 | relationship counseling, preparation for
a State of Illinois | ||||||
7 | High School Diploma high school equivalency or vocational | ||||||
8 | certificate; life skills program; job readiness and job
skill | ||||||
9 | training, and a community transition development plan.
| ||||||
10 | (e) With the approval of the Department of Corrections, | ||||||
11 | the sheriff shall
issue requirements for the program and
| ||||||
12 | inform the participants who shall sign an agreement to adhere | ||||||
13 | to all
rules and all requirements for the pilot residential | ||||||
14 | and transition
treatment program.
| ||||||
15 | (f) Participation in the pilot residential and transition
| ||||||
16 | treatment program for women shall be for a period not to exceed | ||||||
17 | 12
months. The period may not be reduced by accumulation of | ||||||
18 | good time.
| ||||||
19 | (g) If the woman successfully completes the pilot | ||||||
20 | residential
and transition treatment program for women, the | ||||||
21 | sheriff shall notify
the Department of Corrections, the court, | ||||||
22 | and
the State's
Attorney of the county of the woman's | ||||||
23 | successful completion.
| ||||||
24 | (h) A woman may be removed from the pilot residential and
| ||||||
25 | transition treatment program for women for violation of the | ||||||
26 | terms and
conditions of the program or in the event she is |
| |||||||
| |||||||
1 | unable to participate.
The failure to complete the program | ||||||
2 | shall be deemed a violation of the
conditions of the program. | ||||||
3 | The sheriff shall give notice to the Department of
| ||||||
4 | Corrections, the court, and the
State's Attorney of the | ||||||
5 | woman's failure to complete the program.
The
Department of | ||||||
6 | Corrections or its designee shall file a petition alleging | ||||||
7 | that
the woman has violated the
conditions of the program with | ||||||
8 | the court. The State's Attorney may
proceed on the petition | ||||||
9 | under Section 5-4-1 of this Code.
| ||||||
10 | (i) The conditions of the pilot residential and transition | ||||||
11 | treatment
program for women shall include that the woman while | ||||||
12 | in the program:
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13 | (1) not violate any criminal statute of any | ||||||
14 | jurisdiction;
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15 | (2) report or appear in person before any person or
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16 | agency as directed by the court, the sheriff, or | ||||||
17 | Department of Corrections;
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18 | (3) refrain from possessing a firearm or other | ||||||
19 | dangerous
weapon;
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20 | (4) consent to drug testing;
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21 | (5) not leave the State without the consent of the | ||||||
22 | court or,
in circumstances in which reason for the absence | ||||||
23 | is of such an
emergency nature that prior consent by the | ||||||
24 | court is not possible,
without prior notification and | ||||||
25 | approval of the Department of Corrections;
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26 | (6) upon placement in the program, must agree to |
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1 | follow all
requirements of the program.
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2 | (j) The Department of Corrections or the sheriff may | ||||||
3 | terminate the program
at any time by mutual agreement or with | ||||||
4 | 30 days prior written notice by either
the Department of | ||||||
5 | Corrections or the sheriff.
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6 | (k) The Department of Corrections may enter into a joint | ||||||
7 | contract with a
county with more than 3,000,000 inhabitants to | ||||||
8 | establish and operate a pilot
residential and treatment | ||||||
9 | program for women.
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10 | (l) The Director
of the Department of Corrections shall | ||||||
11 | have the authority to develop rules to
establish and operate a | ||||||
12 | pilot residential and treatment program for women that
shall | ||||||
13 | include criteria for selection of the participants of the | ||||||
14 | program in
conjunction and approval by the sentencing court. | ||||||
15 | Violent crime offenders are
not eligible to participate in the | ||||||
16 | program.
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17 | (m) The Department shall report to the Governor and the | ||||||
18 | General Assembly
before September 30th of each year on the | ||||||
19 | pilot residential and treatment
program for women, including | ||||||
20 | the composition of the program by offenders,
sentence, age, | ||||||
21 | offense, and race. Reporting is only required if the pilot | ||||||
22 | residential and treatment program for women is operational.
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23 | (n) The Department of Corrections or the sheriff may | ||||||
24 | terminate the program
with 30 days prior written notice.
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25 | (o) A county with more than 3,000,000 inhabitants is | ||||||
26 | authorized to apply
for funding from federal, local or private |
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1 | entities to create a Residential
and Treatment Program for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Women. This sentencing option may not go into
effect until the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | funding is secured for the program and the program has been
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4 | established.
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5 | (Source: P.A. 97-800, eff. 7-13-12; 98-718, eff. 1-1-15 .)
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